It shall be unlawful to erect, build, place and/or construct any windmill, wind generator, wind turbine, wind tower or similar structure which for purposes of this division, shall collectively be referred to as “wind towers,” anywhere within the city limits, in excess of eight feet (8') in height unless conditions and specifications of this section are met.
(1) 
Wind towers less than 30' in height.
Wind towers that are greater than 8' in height but, no more than 30' in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least two (2) acres in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than 100' in any direction, from any adjacent property. For purposes of determining the 100', the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record.
(2) 
Wind towers taller than 30' and no greater in height than 70'.
Wind towers that are greater than 30' in height but, no more than 70' in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least seven (7) acres in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than 250', in any direction, from any adjacent property. For purposes of determining the 250', the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record.
(3) 
No wind towers greater than 70' in height shall be allowed or permitted upon any property located within the Post city limits.
(4) 
Any and all wind towers in excess of 8' in height, permitted and/or allowed under this section shall be properly anchored and secured to the ground. The entire base, or each independent leg of the wind tower must be securely anchored in concrete. The wind tower structure itself must be made out of metal or steel. Prior to the construction and/or erection of any wind tower, engineered plans must be submitted to the code administrator which reflect that they have been prepared by an engineer, registered in accordance with state law. The plan shall reflect that an engineer has designed the wind tower to handle all of the wind loads, live loads, foundation and structural support and other parts thereof, in conformance with the International Building Code, as amended. The plans must reflect that the wind tower has been designed to keep the same from blowing over, crumpling or sailing in sustained wind of 90 mph.
(5) 
If the wind tower is built, constructed or erected for the purpose of producing electrical power or energy, then in addition, prior to the construction and/or erection of the same, a complete set of electrical engineering plans must also be submitted to the code administrator showing that the wind tower is constructed and the electric generating aspect is in full compliance with any and all state, federal and local laws, codes and regulations.
(6) 
No wind tower shall be erected unless it has a governor or other restrictive device that limits and prevents the blades, propeller or arms from spinning, rotating or moving any faster or a greater rate of speed than it would normally spin in a constant 25 mph sustained wind.
(7) 
Any wind tower erected shall be maintained by the property owner in such a way as to not constitute an eye sore to the adjoining neighbors or, become a roosting place or perch for birds. The owner of the property shall maintain or otherwise ensure that the wind towers are maintained to keep them and prevent them from wearing down, squeaking, or making any noise that might be offensive to neighboring properties.
(8) 
Unless required by other state, federal or county rules, regulations or statutes, no wind tower shall have a light, horn or any other device on it that can be seen and/or heard by any adjoining property owners.
(9) 
It shall be the property owner’s responsibility to ensure that the tower operates, runs and is maintained for the specific purposes set forth in the permit issued by the city. Should at any time, the wind tower cease to operate and/or function for a period of time in excess of ninety (90) days, for the purposes authorized in the permit, said wind tower shall constitute an unauthorized use upon the property and it shall be the owner’s responsibility to disassemble, tear down and remove said wind tower or apply for and obtain a new permit.
(10) 
Any property owner who fails to comply with the terms and conditions of this section shall be subject to a fine as provided in section 1.01.009 of this code for each and every day that the violation continues, but if the offense is willful, on conviction thereof, the punishment shall be a fine as provided in section 1.01.009 of this code for each and every day that the violation shall continue. In the event that a fine is imposed for failure to comply with the terms and provisions set forth in subsection (9) hereinabove, the fine shall be incurred each and every day after the 90th day or if a permit is denied, each day thereafter.
(11) 
No wind tower shall be erected within 300 yards of any structure lawfully zoned to allow persons to reside in such structure.
(12) 
Wind towers shall be allowed only in “I” Industrial Districts as set forth in the city zoning ordinance, as amended.
(13) 
The City of Post Municipal Court shall have the authority to determine whether or not a wind tower is in violation of the terms and conditions of this section. In addition to any fines that may be imposed under this section, the municipal court can determine that a wind tower needs to be demolished, disassembled and/or torn down. In such case, notice shall be delivered to the property owner and should the property owner not tear down and/or remove the wind tower, the city shall have the authority to enter upon the property and demolish, disassemble and/or tear down said wind tower, all at the expense of the landowner. The total cost and expense of any work performed by the city, its agents, employees and/or representatives, in disassembling, tearing down or removing a wind tower shall constitute a lien against the property and, if not paid, may be enforced or foreclosed upon as provided by statute for foreclosure or enforcement of other municipal liens.
(Ordinance 598 adopted 4/19/11)