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.
The building code of the city and all amendments thereto.
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
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.
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.
The height of the tower and the furthest vertical extension
of the 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:
(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.
(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)
