For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word “shall” in this article is mandatory and not discretionary.
Building code.
The building code of the city and all amendments thereto.
Overspeed control.
A mechanism used to limit the speed of blade rotation to below the design limits of the WECS.
Site.
The plot of the land where the WECS is to be placed. The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties.
Swept area.
The largest area of the WECS which extracts energy from the wind stream. In a conventional propeller-type WECS, there is a direct relationship between swept area and the rotor diameter.
Total height.
The height of the tower and the furthest vertical extension of the WECS.
Wind energy conversion system (WECS).
A device that converts wind movement into mechanical or electrical energy, including but not limited to a tower of any configuration with a movable blade assembly and electrical or mechanical controls.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-52)
It is an offense to construct, maintain or operate a WECS without first having obtained a permit from the city. A permit will only be issued when the following conditions are met.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-53)
A building permit application for a wind energy conversion system shall be accompanied by a site plan drawn in sufficient detail to clearly describe the following:
(1) 
Property lines and physical dimensions of the site;
(2) 
Location, approximate dimensions, and types of major existing structures and uses on-site;
(3) 
Locations and elevation of the proposed WECS;
(4) 
Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;
(5) 
The zoning designation of immediate and adjacent sites as set forth in the zoning ordinances of the city.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-54)
Installation of all wind energy conversion systems shall comply with the following requirements:
(1) 
Water pumpers.
Nonelectrical windmills used for pumping water will be exempted from the provisions of subsections (3) through (12).
(2) 
Compliance with building code.
The building permit application shall be accompanied by standard drawings of the structural components of the wind energy conversion system, including support structures, tower, base and footings, in sufficient detail to allow for a determination that the structure conforms to the building code of the city. Drawings and any necessary calculations shall be certified to in writing by a registered professional engineer and shall affirmatively state that the proposed system will comply with the building code. Where the structural components or installation varies from the standard design or specification, the proposed modifications shall be certified by a registered professional engineer for compliance with the seismic and structural design provisions of the building code.
(3) 
Compliance with zoning ordinance.
Wind energy conversion systems shall only be constructed and used pursuant to and in compliance with the city zoning ordinance.
(4) 
Compliance with National Electrical Code.
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. The application shall include a statement from a registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(5) 
Rotor safety.
Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices.
(6) 
Guy wire.
Anchor points for guy wires for the WECS tower shall be located within property lines and not on or across any aboveground electric transmission or distribution line.
(7) 
Tower access.
Towers shall have either:
(A) 
Tower-climbing apparatus located no closer than twelve (12) feet from the ground;
(B) 
A locked anti-climb device installed on the tower; or
(C) 
The tower shall be completely enclosed by a locked protective fence at least six (6) feet high.
(8) 
Noise.
The WECS shall meet the requirements of the performance standards which pertain to noise level as set forth in the city zoning ordinance.
(9) 
Sign.
At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. Sign size shall not exceed two (2) square feet.
(10) 
Setbacks.
The following setback requirements shall apply: WECS shall be set in from any and all property lines a distance equal to the height of the tower plus the furthest vertical extension of the blade, rotor or propeller assembly, except as noted in subsection (11) where an additional five-foot setback is required for separation from overhead utility lines.
(11) 
Additional locational requirements.
The WECS shall be located a sufficient distance from any overhead utility lines, excluding service drops, such that a structural failure of any portion of the WECS or its supporting structure would not cause any portion of it to fall within five (5) feet of the lines.
(12) 
Utility notifications (for those WECS which will be interconnected to a utility grid).
No WECS shall be installed until evidence has been given that the utility company has been notified in writing.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-55)
If a wind energy conversion system is not maintained in operational condition or in any way poses a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The city reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the city determines that the WECS has been abandoned and poses a safety hazard, the system shall be removed within forty-five (45) days of written notice to the owner or operator of the system.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-56)
Reinspection and recertification of the WECS shall be made by qualified inspection personnel once a year. Within ten (10) days of the inspection being made, a written report of this inspection shall be submitted to the director of planning and inspection. Any significant change or modification of a WECS will require recertification by a registered professional engineer within forty-five (45) days.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-57)
(a) 
Any person who is required to remove or modify a WECS as a result of this article may, within a seven-day period after the service of notice is given, request, in writing, a hearing to determine whether he or she is in violation of this article. If a person does request the hearing, it will be held (after notice is given to the person appealing) before the director of planning and inspection within five (5) days of the date the request is received, at a time to be determined by the director.
(b) 
If the director, after considering the evidence, decides that the WECS in question is in fact in violation of this article, then the WECS shall be removed or brought into compliance within thirty (30) days from the time the director’s decision is rendered.
(c) 
This section shall not in any way negate the right of the city to immediately remove any WECS creating a real and immediate danger to life or property.
(Ordinance 86-05, sec. 1, adopted 1/14/86; 1957 Code, sec. 4A-58)