(A) Special use permit. A special use permit is not required for the installation of a single wind energy generator in accordance with this section on a single residential lot. For all other proposed installations of wind energy generators, including but not limited to installations of more than 1 wind energy generator on a residential lot, or installations on nonresidential lots, a special use permit is required in accordance with divisions (B) and (C) below. The installation of a single wind energy generator on a residential lot may be constructed upon applying for and receiving a building permit, subject to applicable inspections, in accordance with the provisions of divisions (C) and (D), below.
(B) Application information required. An applicant shall prepare and file an application for a special use permit for the construction and installation of a wind energy generator. The application shall include the information required in division (C), and shall be supplemented by additional information, if any, as requested or required by the Planning and Zoning Commission during its review of the special use permit, or the City Council, prior to or during its deliberations. Wind energy generators have a unique nature as a result of their movement, size, public safety, and noise. The City Council may deny the application for a wind energy generator which may meet the technical requirements set forth below if the wind energy generator is proposed to be located in an area of the city which will unreasonably encroach upon the rights of the homeowners and landowners in the area.
(C) Application requirements. An application for a wind energy generator shall include the following:
(1) Detailed construction plans, with elevation drawings to scale, showing the proposed location of the wind energy generator. Drawings shall show all structures existing and proposed on the tract of land, together with all structures on neighboring tracts within an area 2.5 times the total height (mast plus rotor) of the proposed tower;
(2) The applicant’s engineer’s statement of the engineering standards applied to the installation, construction and operation of the wind energy generator. The plans will be engineered and bear the professional engineer’s seal. The plans will include copies of:
(a) All manufacturer’s statements and warranties of the proposed wind energy generator;
(b) The engineer’s analysis of the proposed wind energy generator’s safety and performance with respect to extreme weather conditions experienced in the north Texas area, including ice storms, high winds, lightning, and similar conditions;
(3) Plans and specifications for any necessary related equipment, buildings, wiring, or other construction necessary or ancillary to the proposed wind energy generator;
(4) The applicant is also to pay all legal, engineering, and building inspection fees incurred in the review and construction of the wind energy generator, if any. If the special use permit is approved, the applicant pays applicable building and inspection fees.
(D) Minimum and maximum requirements for wind energy generators. A wind energy generator shall comply with the following requirements:
(1) The maximum mast height is 60 feet above grade (ground level);
(2) If it is a roof mounted wind energy generator, the maximum mast height shall not exceed 60 feet above grade;
(3) The rotors may not extend lower than 20 feet above ground level when operating;
(4) There may not be more than 1 wind energy generator per acre of land;
(5) The setback is not less than 1.25 times the height of the generating structure and rotor at its highest point from all boundary lines or easements on the property. The wind energy generator may not be located in the front yard (between the front building line and the front property line) of any lot;
(6) Wind energy generators may not create noise greater than that permitted by the nuisance ordinance (§§ 94.01 et seq.), as measured on the dB(A) scale, at the boundary lines of the tract, at any wind velocity, and must otherwise comply with the nuisance ordinance;
(7) Wind energy generators may not have lights, reflective features, or paint that is not expressly required by FAA regulations for warning or notice to air traffic. Those features which are required, if any, shall meet the minimum FAA requirements. Subject to FAA regulations, strobe lights, reflective paint, and “warning” paint schemes, such as red and white stripes, are prohibited. Subject to receiving a permit from the city for another color, all wind energy generator masts and rotors shall be dull gray or dull green in color;
(8) Wind energy generators must be secured and protected to prohibit access or climbing by unauthorized persons;
(9) Wind energy generators must be in compliance with all state and federal law, including those regulations of the State Public Utility Commission, Federal Aviation Administration, and the Federal Communications Commission. It must also be in compliance with the building and electrical codes, and local ordinances and construction codes, adopted by the city;
(10) Wind energy generators must be for the purpose of generation of electrical power for use on the tract or lot on which the wind energy generator is constructed only. Transmission of electrical power across the property lines of the tract or lot shall constitute commercial use, requiring a zoning change; and
(11) Wind energy generators must comply with those additional requirements in the special use permit (if required by this section) as may be required by the City Council as necessary to preserve and protect the health, safety, and welfare of the citizens of the city.
(Ord. 667, passed 5-3-2011) Penalty, see § 151.99