(A) (1) Any wind energy conversion system which has not been used for a period of six months or more shall be declared abandoned. Upon abandonment of the system, the city shall revoke the conditional use and the system shall be removed at the expense of the property owner.
(2) The city shall determine that a wind energy conversion system has not been used if the following criteria apply:
(a) The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of 25% of the power output as stated in the system specifications over the past six months;
(b) The wind energy conversion system has fallen into obvious disrepair and/or has been condemned by the city; and
(c) The wind energy conversion system has become violative of some other local, state, or federal law and the owner of the system has not taken appropriate actions to remedy the problem.
(B) If deemed appropriate, the city may stipulate, through the conditional use, that the wind energy conversion system shall be removed at the owner’s expense upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use or conditional use.
(Ord. passed 2-3-2011, § 2.26.110)