(A) Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy conversion systems shall be governed within the city.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.
(C) General. Wind energy conversion systems shall be allowed only as a conditional accessory use to a permitted principal or approved conditional principal use in certain zoning districts.
(D) Limited use. Any wind energy conversion system shall be used only for the purpose of generating power for the property on which the wind energy conversion system is located.
(E) Utility interconnection.
(1) Any wind energy conversion system shall be constructed and operated, and any interconnection between a wind energy conversion system and an electric utility company shall be allowed only in accordance with all local, state and federal regulations including regulations issued by the Public Utilities Commission, the Federal Aviation Administration and pertaining to State Public Utilities Commission Administrative Rule ARSD Chapter 20:10:36.
(2) Additionally, electrical interconnections shall be allowed only in accordance with the applicable standards of the electric utility company. The City Electric Department must first approve the interconnection before the WEC can become operational.
(F) Setbacks. A minimum setback of one and one-tenth times the height of the wind energy conversion system shall be maintained between the wind energy conversion system and any property line. Further, any WECS shall meet all applicable utility clearance setbacks in place by the electric utility service the property upon which the WECS is being placed.
(G) Height. In no event shall the height of a wind energy conversion system exceed 60 feet as measured from the ground to the top of the tower, excluding the wind turbine generator and blades. Further, the lowest portion of the blade shall be at least 30 feet above the ground. The height of a wind energy conversion system must also comply with Federal Aviation Administration regulations, 14 C.F.R. part 77, being §§ 77.1 through 77.41, Safe, Efficient Use, and Preservation of the Navigable Airspace.
(H) Rotor size/operation. The maximum size of the rotors of a wind energy conversion system shall be reviewed upon application for a conditional use. In determining the appropriate size for the rotors, the city shall consider such factors as noise, proximity to surrounding residences, safety and aesthetic issues. All systems shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.
(I) Construction standards. Any wind energy conversion system shall be constructed in accordance with all applicable Life, Safety, Building and Fire Codes including, but not limited to, the following:
(1) An applicant for a building permit for a wind energy conversion system shall submit plans and specifications stamped by a registered engineer; and
(2) Lightning protection. Any wind energy conversion system shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage.
(J) Manufacturer warranty. At the time of application for a conditional use, the petitioner shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions similar to the conditions within the city. The wind energy conversion system shall be warranted against any system failures reasonably expected in severe weather operation conditions.
(K) Tower access. To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions.
(1) Tower climbing apparatus shall not be located within 12 feet of the ground.
(2) A locked anti-climb device shall be installed on the tower.
(3) Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.
(L) Signs. One sign, limited to four square feet, shall be posted at the base of the 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.
(M) Lighting. No lights shall be installed on the tower, unless required to meet Federal Aviation Administration regulations.
(N) Noise. No wind energy conversion system shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted at the time of the submittal of the conditional use, ensuring that this requirement can be met once the system is operational.
(O) Electromagnetic interference. No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television or microwave towers. At the time of application for the conditional use, the petitioner must submit information from the manufacturer indicating that, once operational, the wind energy conversion system will not adversely affect the transmissions. If necessary, generators and alternators shall be filtered, shielded or both so as to prevent the interruption and/or interference of radio and television signals.
(P) Inspection. The city hereby reserves the right upon issuing any wind energy conversion system conditional use permit to inspect the premises on which the wind energy conversion system is located. If a wind energy conversion system is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
(Q) Abandonment. Any wind energy conversion system which has not been used for a period of six months or more shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
(R) The term Wind Energy Conversion System, as defined in § 154.016, will be included as a conditional use in all zoning districts in the city.
(Prior Code, § 16.21.22) (Ord. 737, passed - -; Ord. 800, passed - -)