(a) Wind energy conversion systems, including wind chargers, wind turbines and windmills, of wood, metal or any other building material acceptable to the Building Commissioner, shall be permitted within the City subject to the following rules and conditions:
(1) No wind energy conversion system shall be erected without a building permit issued for such purposes.
(2) Only wind energy conversion systems sold commercially or constructed with plans that have first been approved by the Building Commissioner will be permitted.
(3) Wind energy conversion systems may only be built in the rear yard, and shall be subject to the approval of the City Planning Commission as to location, style and size. Such structures shall have a minimum setback of one and one half times the maximum height of any portion of the structure, including moving parts, from all lot lines.
(4) Every wind energy conversion system shall have a foundation consisting of a concrete base to which such structure shall be anchored. Such structure, anchorage and concrete base shall be designed to withstand winds up to eighty-five miles per hour in a manner conforming with good engineering practice.
(5) Wind energy conversion systems are limited to not more than fifty feet high from the grade level to the maximum height of any portion of the structure or a moving part. The minimum distance from grade level to the bottom swing of the blade or other moving part shall be ten feet unless such moving part is permanently and completely protected by a guard mechanism within ten feet of grade level which has been approved by the Building Commissioner. The minimum distance between a wind energy conversion system, including any moving part, and any adjacent building, shall be ten feet. In any event, no moving portion of the structure shall project within fifteen feet of any side or rear lot line.
(6) No permit shall be issued for the erection of a wind energy conversion system until the Building Commissioner has approved safety test results from the manufacturer or a qualified testing agency for the proposed model, including blade breakage and trajectory, ice buildup and overspeed control. In no case shall the overspeed control wind speed exceed fifty miles per hour.
(7) Every wind energy conversion system, including towers, poles and guy wires, shall be completely surrounded with a fence at least five feet high, approved by the Building Commissioner.
(8) All electrical materials and installations for wind energy conversion systems shall conform to the standards set forth in the National Electrical Code as adopted in Section 1533.01. Each wind energy conversion system shall be equipped with an approved grounded lightning arrester and a remote electrical shut-off device. Transmission lines and conduit shall be installed underground.
(9) Every wind energy conversion system connection to a utility system shall meet the connection requirements developed by the electric utility. No system with a generating capacity exceeding 100 kilowatts shall be installed in a residential district.
(10) The City Planning Commission may require easements or similar documentation from adjacent property owners providing unhindered access to the wind, depending on site location, before granting approval of a proposed wind energy conversion system.
(11) It shall be the responsibility of the owner of each wind energy conversion system to make regular inspections and perform maintenance and repair procedures in accordance with the manufacturer's instructions.
(12) All wind energy conversion systems shall be located on a lot that contains a building with a valid current certificate of occupancy.
(13) The City may require documentation of approvals by the Federal Aviation Administration and the Federal Communications Commission for the proposed installation.
(b) Every wind energy conversion system shall be maintained in good repair and free from health, accident and fire hazards, or shall be removed from the premises within ten days of the time the hazard occurs. A wind energy conversion system shall be removed from the premises if abandoned or not in continuous use for a period of ninety days.
(c) It shall be the owner's responsibility to secure and maintain adequate insurance coverage for each wind energy conversion system installed on the owner's property.
(d) The fee for a permit to construct a wind energy conversion system is seventy-five dollars ($75.00). The fee for a permit to add to or alter a wind energy conversion system is twenty-five dollars ($25.00). No grade permit is required.
(Ord. 188-82. Passed 12-20-82.)