(A) Siting.
(1) Production phase wind energy conversion systems shall be a permitted accessory use within the “B-1”, “B-2”, “B-3”, “I-P”, “I-1”, “I-2” and “A-O” Zoning Districts; provided that, the proposed lot exceeds 200 feet from any residential use and/or district, except for any residence situated on that lot, in which case a six-foot separation between tower and structure must be maintained; that in all other cases, the WECS cannot be located closer than six feet from any other principal or accessory structure; WECS must be located in the rear yard; and the tower must be set back from all property lines a distance not less than the total height of the WECS.
(2) No part of a WECS shall be located within or over drainage, utility or other established easements.
(3) Clearance between WECS and electrical lines shall be in compliance with the requirements outlined in the most recent edition of the National Electrical Safety Code.
(B) Size regulations.
(1) All WECS shall not have rotors that are longer than 35 feet in diameter.
(2) The minimum height of the lowest extent of any WECS rotor shall be 30 feet above the highest structure or tree within 300 feet.
(3) All proposed WECS shall comply with Federal Aviation Administration notification requirements and any other applicable regulations. All proposed WECS shall be in compliance with any applicable airport zoning.
(4) The base of a WECS tower shall be included in calculations of lot coverage. In the case of a guyed tower, the area covered by the guy wire anchor points shall also be included in lot coverage calculations. (C) Installation and design.
(1) All WECS tower structures shall be designed and constructed to be in compliance with pertinent provisions of the State Building Code. Indication of compliance may be obtained from the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.
(2) All WECS shall be equipped with manual and automatic and overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.
(3) The compatibility of the tower structure with the rotors and other components of the WECS shall be certified by the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.
(4) All electrical components of the WECS shall be in compliance with the applicable requirements of the National Electrical Code as currently adopted by the State Building Code Division and shall be inspected by a qualified electrical inspector. The interconnection between the WECS and the electric utility shall be in compliance with the most recent edition of the National Electrical Safety Code. Certification will be supplied in writing that the WECS will automatically disconnect from the utility when there is no power input from the utility. This certification can be supplied by the manufacturer of the WECS.
(5) The interconnection of the WECS with the local electrical utility shall comply with all applicable federal, state and local regulations. Parties intending to erect a WECS shall notify the city’s public utilities in advance of their installation plans.
(6) At least one sign shall be posted at the base of the WECS tower and shall contain the following information:
(a) Notice of no trespassing; and
(b) Warning of high voltage.
(D) Supplying energy to two or more structures. A WECS that supplies energy to two or more structures shall be allowed as long as the proposed WECS complies with all applicable zoning regulations.
(E) Compliance. If a WECS is not maintained in operational condition and poses a potential safety hazard or is not maintained and operating in compliance with applicable zoning provisions, local utility regulations and state and federal laws, the WECS shall be brought into compliance and to safe operating order within 60 days, the city reserves the right to abate any hazardous situation and to pass the cost of abatement on to the owner or operator of the WECS.
(Ord. 827, passed 4-19-1983; Ord. 1462, passed 12-7-2010) Penalty, see § 157.999