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165.26 SUPPLEMENTAL USE REGULATIONS - WIND ENERGY CONSERVATION SYSTEMS (WECS).
1.   Permit Requirement. A wind energy conservation system shall only be allowed as an accessory use to a permitted principal use and shall require Special Use Permit approval of the Board of Adjustment.
2.   Setback Requirements. Tower Mounted Wind Energy Systems shall be set back from all property lines and all other principal structures a distance of not less than 110% of full tower height except that where such systems are adjacent parcels with residential use or residential zoning then required setback shall be 150% of full tower height.
3.   Maximum Height. Height shall be measured from the ground to the top of the tower including the wind turbine generator and blades.
   A.   For lots of at least one but fewer than three acres, the maximum height shall be 65 feet.
   B.   For lots of three to seven acres, the maximum height shall be 80 feet.
   C.   For lots of more than seven acres, the maximum height shall be 120 feet.
   D.   Building mounted WECS may be a maximum of 10 feet higher than the point of attachment to the building on which they are attached.
   E.   Freestanding tower in CC District is permitted but only up to 75 feet in height.
4.   Minimum Lot Size.
   A.   The minimum lot size for a freestanding WECS shall be one acre.
   B.   The minimum lot size for a building mounted WECS shall be one acre.
5.   Number of Systems Allowed. No more than one wind energy system may be placed on any parcel.
6.   Location.
   A.   Tower mounted wind energy system shall only be located in the rear yard.
   B.   No part of a wind energy system shall be located within or over drainage utility or other established easements, parking, driveway, sidewalk, or on or over property lines.
   C.   Shall be located on a lot only as an accessory use or structure to an existing principal use/structure.
   D.   A wind energy system shall not be located in any required building setback area.
7.   Tower and Equipment Standards. Wind Energy Systems and equipment shall meet the following design standards:
   A.   The Wind Energy System shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Aviation Administration (FAA).
   B.   Only monopole towers shall be permitted for freestanding SWECS. Lattice, guyed, or towers of any other type shall be prohibited.
   C.   Lights shall not be permitted on any Wind Energy System unless specifically required and permitted by the FAA and the City.
   D.   One sign, limited to four square feet, shall be posted at or near the base of any tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner/operator to call in case of emergency. Such sign shall be directly visible from any external fencing and/or landscaping. Brand names or advertising associated with any installation shall not be visible from any public right-of-way.
   E.   A privacy screen fence six feet in height shall surround the Wind Energy System and any equipment structure in commercially or industrial zoned properties. In addition, the area of the fence enclosure must be at least 100 square feet.
   F.   Noise shall not be created in violation of Section 40.06 of this Code of Ordinances.
   G.   A wind energy system shall be used exclusively to supply electrical power for onsite consumption.
   H.   All wind energy systems shall be equipped with manual and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system.
   I.   All blades shall be constructed of a nonmetallic substance. No wind energy conversion system shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind energy conversion system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that the wind energy conversion system is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, subject to the City of Pella. The City of Pella may revoke a special use permit granting a wind energy conversion system if electromagnetic interference from the wind energy conversion system becomes evident.
8.   The enactment of this chapter does not constitute the granting of an easement by the City. The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the wind energy conversion system unless adequate accessibility to the wind is provided by the site.
9.   The owner/operator of the wind energy conversion system shall develop a process to resolve complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.
10.   A shadow flicker model shall be submitted that demonstrates that shadow flicker shall not fall on or in any adjacent building. Shadow flicker expected to fall on an adjacent parcel may be acceptable if the flicker does not exceed 30 hours per year. However, no WECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.
11.   The property owner of any wind energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. Landscaping per Code requirements is to be provided at the base of screen fencing. The owner shall also maintain the ground upon which the system is located in an orderly manner such that it is free of debris, tall grass and weeds, and any structures remain quality in appearance.
12.   Any wind energy system that is not operated for a continuous period of 180 days shall be considered abandoned and shall be removed within 30 days. Removal of the system includes the entire structure, including foundations, transmission equipment, and fencing from the property. If the abandoned wind energy system is not removed in the specified amount of time, the City may remove it and recover its costs from the property owner. Operation of a wind energy system includes (but is not limited to) the actual production of measureable energy. Wind Energy Systems that function mechanically but no longer produce energy shall be considered abandoned.
13.   The owner/operator or a wind energy conversion system must demonstrate adequate liability insurance of at least $1,000,000. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments, and costs of any kind, including reasonable attorney's fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use, or removal of the facility.
14.   Applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower base and footings. An engineering analysis of the tower showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted. For roof mounted structures, an engineering analysis of the mounting method showing compliance with all applicable building code regulations and certified by a licensed professional engineer shall also be submitted.
15.   A wind energy system shall be in compliance with the guidelines of the Federal Aviation Administration FAA regulations. The applicant shall complete FAA form SF 7460-1 "Notice of Proposed Construction or Alteration" if applicable. A copy of the 7460 along with the FAA's findings shall be submitted to the City for review along with the Special Use Permit application.
16.   Applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the latest revision of the City adopted electric code.
17.   A wind energy system shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and a copy of executed interconnection agreement with the utility company is provided.
18.   At least every 24 months every tower shall be inspected by an expert who is regularly involved in the maintenance, inspection, and/or erection of towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures." Inspection record shall provide verifiable proof of on-going energy production. A copy of the inspection record shall be provided to the City.
19.   Applicable Fees. The applicant for any wind energy conservation system under this section shall be responsible for any applicable fees, including Board of Adjustment fee, City Engineer review fee (at cost), Building Permit and/or Electric Permit fees as established in Chapter 171.
(Ord. 820 - Oct. 10 Supp.)