§ 154.142 WIND ENERGY CONVERSION SYSTEMS IN NON-RESIDENTIAL ZONING DISTRICTS.
   (A)   Purpose and intent. The purpose of this section is to promote safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The intent is also to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city. This section shall apply to all such systems designed for the purpose of producing electricity from wind energy.
   (B)   Application. Wind energy conversion systems (WECS) may be allowed as an accessory conditional use in all commercial zoning districts, except B-1, central business district, and in all industrial zoning districts, subject to the regulations and requirements of this section. Applications for WECS shall be governed by the provisions of this section and the requirements of § 154.179, Conditional Use Permit.
   (C)   Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings, shall be provided, along with the engineering data and calculations, to demonstrate compliance with the structural design provisions of the State Building Code, especially concerning wind and icing loads. A registered engineer shall certify drawings and engineering calculations.
   (D)   Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city.
   (E)   Manufacturer warranty. The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions in the city. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.
   (F)   Design standards.
      (1)   Height. The permitted maximum height of a WECS shall be determined in one of two ways. In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor blade as follows:
         (a)   A one-foot-to one-foot ratio of the closest property line distance to WECS base and the system height.
         (b)   A maximum system height of 200 feet.
         (c)   The shortest height of the two above-mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulations and/or MnDOT regulations. All WECS shall be registered with MnDOT Aeronautics.
      (2)   Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback, and no part of the system shall be within ten feet of any property line, whichever is greater. WECS towers shall be setback from the closest property line one foot for every one foot of system height. WECS shall not be located within 20 feet of an above ground utility line.
      (3)   Freestanding ground systems. All freestanding ground systems shall be constructed using a monopole or lattice-tower-type construction. In no case shall guy wires be permitted.
      (4)   Rotor clearance. Blade-arcs created by the WECS shall have a minimum clearance of 20 feet above the ground.
      (5)   Rotor design. The blade design and materials are to be designed and constructed to ensure safe operation in an urban/rural area.
      (6)   Rotor safety. Each WECS shall be equipped with both a manual and automatic speed control and braking device.
      (7)   Disconnect. A visible exterior disconnect is required, per the National Electrical Code.
      (8)   Certification required. All WECS shall be UL-listed or certified by an equal agency recognized by the State of Minnesota.
      (9)   Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.
      (10)   Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
         (a)   Tower-climbing apparatus shall not be located within 12 feet of the ground.
         (b)   A locked, anti-climb device shall be installed on the tower.
         (c)   A tower capable of being climbed shall be enclosed by a locked, protective fence at least eight feet high.
      (11)   Signs. WECS shall have one sign, not to exceed two square feet, at the base of the tower, which shall contain the following information:
         (a)   Warning high voltage.
         (b)   Manufacturer’s name.
         (c)   Emergency phone number.
         (d)   Emergency shutdown procedures.
      (12)   Lighting. WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA regulations.
      (13)   Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.
      (14)   Noise emissions. Noises emanating from the operation of WECS shall be in compliance with and regulated by the state pollution control standards.
   (G)   Building permit required. A building permit shall be required for the installation of all WECS in the city.
   (H)   Inspection. The city hereby reserves the right, upon issuing any WECS conditional use permit, to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition or poses a potential safety hazard, the owner shall, upon written notice from the city, take expeditious action to correct the situation. The city may require the WECS to be shut down until safety issues are addressed and corrected if, in the opinion of the inspector, there is an immediate threat to health or safety.
   (I)   Abandonment. Any WECS or tower that is not used for six successive months shall be deemed abandoned, and shall be dismantled and removed from the property at the expense of the property owner.
(Ord. 1040, passed 1-5-16)