The purpose of this article is to oversee the permitting of wind energy systems in order to preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of wind energy systems.
(Ordinance 2014-02 adopted 1/13/14)
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them:
ANSI.
The American National Standards Institute.
dB(A).
The sound pressure level in decibels. Refers to the “a” weighted scale defined by ANSI. It is a method for weighting the frequency spectrum to mimic the human ear.
Decibel.
The unit of measurement used to express the magnitude of sound pressure and sound intensity.
FAA.
The individual or entity that intends to own and operate the wind energy system in accordance with this article and includes the person or entity that owns the real estate on which the wind energy system is situated as well as any occupant or person in control or supervision of the real estate.
Owner.
The individual or entity that intends to own and operate the wind energy system in accordance with this article and includes the person or entity that owns the real estate on which the wind energy system is situated as well as any occupant or person in control or supervision of the real estate.
Primary structure.
A structure that is designed and used as a residential dwelling unit, or a nonresidential structure that is regularly occupied to conduct business or commerce (including agricultural use).
Rotor diameter.
The cross sectional dimension of the circle swept by the rotating blades.
Sound pressure.
The average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.
Sound pressure level.
The sound pressure mapped to a logarithmic scale and reported in decibels (dB).
System height.
The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
Tower.
The monopole, freestanding, or guyed structure that supports a wind generator.
Utility grid wind energy system.
A wind energy system designed and built with a primary purpose to provide electricity to the electric utility grid.
Wind energy system.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower and/or attached apparatus, and associated control or conversion electronics, and is intended for on-site production and consumption of electricity to serve the needs of the consumer on site.
(Ordinance 2014-02 adopted 1/13/14)
(a) 
Wind energy systems shall not be erected, constructed, relocated or maintained in the territorial limits of the city unless a valid permit has first been issued and the wind energy system is in full compliance with the provisions of this article, the ordinances of the city, and all applicable laws and regulations. Wind energy systems shall not be permitted, erected, constructed or installed on any lot or tract of property if the setbacks and spacing requirements of this article are not met.
(b) 
A wind energy system shall be a permitted use in all zoning districts, subject to the issuance of a permit, and to the following requirements.
(1) 
Primary structure required on lot.
A wind energy system may be erected only after a primary structure has been constructed on the lot. A wind energy system may not be constructed on a vacant lot. If an occupied primary structure is removed from a lot or property, a wind energy system must be removed from said property if a replacement primary structure is not completed within a period of twelve (12) months.
(2) 
Prohibited locations.
No portion of a wind energy system or the required setback shall encroach upon or be erected, constructed or located within any public right-of-way; public or private easement; or within any front, side or rear property setback area. No part of a wind energy system may extend beyond the property lines or required building lines of the lot on which the wind energy system is located unless the adjacent property is contiguous and maintains the same owner.
(3) 
Required setbacks; platting.
A tower for a wind energy system shall be set back from the property lines and any overhead or aboveground public or private utility line, cable or primary structure, at a distance equal to one hundred and ten percent (110%) of the system height. No tract of property shall be subdivided, platted or replatted such that a preexisting wind energy system will fail to meet the foregoing requirements. Roof mounted systems are prohibited.
(4) 
Compliance standards.
(A) 
A wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the state. All components of the system must be in compliance with this article, the ordinances of the city, and all applicable state and local building codes. All wind energy systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliances, then the owners of the wind energy system governed by this ordinance shall bring such wind energy system into compliance with such revised standards and regulation, unless a different compliance schedule is mandated by the controlling state or federal agency.
(B) 
The system must have a certificate of compliance from Underwriters Laboratories, Inc. with the most current standard or UL 1741 standard for safety for inverters, converters, controllers, and interconnection system equipment for use with distributed energy resources. All applicable components of the wind energy system shall meet and comply with the city’s building codes and electrical code.
(5) 
Height limitations.
The system height shall not exceed seventy (70) feet. Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the wind energy system. The system height shall provide a minimum of ten (10) feet of clearance between the rotor diameter and fencing or other system elements at the base of the tower.
(6) 
Control of access.
All wind energy systems shall operate within an area enclosed by approved fencing that is no less than six (6) feet in height. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The above-mentioned equipment shall be secured by a lockable mechanism. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
(7) 
Electrical wires.
All electrical wires associated with a wind energy system, other than the wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.
(8) 
Sound pressure levels.
Sound pressure levels shall not exceed a noise level of fifty-five (55) decibels as measured from the property line closest to the wind energy system.
(9) 
Interference.
The owner of a wind energy system shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, television or broadband signals caused by the operation of a wind energy system.
(10) 
Appearance, color, and finish.
The wind generator and tower shall remain painted or finished matching the color or finish that was originally applied by the manufacturer, unless approved in the wind energy system permit. The color of finish shall be nonreflective and nonobtrusive.
(11) 
Maintenance.
The paint, finish, landscaping, and structural integrity of a wind energy system and each of its components shall be maintained at all times. All such systems shall be kept in good working order. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then the city shall order an immediate cessation of the wind energy system until all violations and/or safety concerns have been resolved.
(12) 
Lighting.
All lights not required by the FAA are prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency. A tower structure may be artificially lighted only with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute. Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used only when the FAA specifies that the specific lighting pattern is the only lighting pattern acceptable to promote aviation safety and refuses an applicant’s request for authorization to use the lighting required by this article. Upward lighting, flood light or other lighting not strictly required by the FAA is prohibited.
(13) 
Signage prohibited.
No advertising or signage of any type, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a wind energy system.
(14) 
Limit of one.
No more than one wind energy system shall be erected, constructed, operated or permitted on any single lot or tract.
(15) 
Transmission to utility grid.
A wind energy system shall be permitted to transmit energy to the utility grid with the written permission of the utility company. The amount of energy transmitted to the utility grid shall not exceed the amount consumed on site.
(c) 
Utility grid wind energy systems are prohibited within the city.
(Ordinance 2014-02 adopted 1/13/14)
(a) 
No person shall erect, construct, maintain or cause to be erected, constructed or maintained a wind energy system without first having applied for and been issued a valid permit to do so. A wind energy system permit shall not be issued unless the requirements of this article and this section have been met and satisfied.
(b) 
Permit applications shall be submitted on forms furnished by the city and shall demonstrate full compliance with all applicable state and local building and electrical codes. A building permit application shall be accompanied by:
(1) 
The appropriate permit fee;
(2) 
A survey and legal description of the lot or tract on which the system is to be erected;
(3) 
A site plan showing:
(A) 
The location of all proposed elements for the wind energy system on the subject property including, but not limited to, tower, guy wires, enclosures, and fencing;
(B) 
Distances to property lines, required setbacks, and structures;
(C) 
The tract or lot lines, the dimensions of the lot or tract, all building and setback lines, and the location of the proposed wind energy system;
(D) 
The location of existing buildings and structures, overhead utility lines, and utility easements;
(E) 
The location and course of all streets and roadways within and adjacent to the lot or tract; and
(F) 
Natural features on the lot or tract.
(4) 
An elevation drawing showing the height of the wind energy system and other structures;
(5) 
A detailed depiction and description of the proposed wind energy system showing:
(A) 
Wind system specifications, including the design and height of the wind energy system, including the tower, guying, base and footings, the manufacturer and model, and rotor diameter;
(B) 
All components of the system;
(C) 
Standard installation drawings of the tower and wind turbine; and
(D) 
Tower and tower foundation blueprints or drawings.
(6) 
A standard drawing and engineering analysis or report regarding the system’s tower, and showing compliance with building codes, certified by a professional engineer registered in the state;
(7) 
Proof of compliance with the city’s electrical code, including by not limited to line drawings of electrical components in sufficient detail to demonstrate compliance with the electrical code;
(8) 
Evidence of notice to utility company; and
(9) 
Proof of insurance.
Owners of any wind energy system must provide a minimum amount of three hundred thousand dollars ($300,000.00) liability insurance that covers all components of the wind energy system, and such insurance coverage must be maintained at all times. Proof of insurance coverage must be provided to the city at the time application is made for a building permit. The property owner must provide a letter from the insurance provider stating that the city will be notified of any changes in insurance coverage. Any lapse of insurance coverage or a reduction in coverage below the minimum amount required will result in immediate cessation of the wind energy system use until all requirements have been met.
(c) 
Upon completion of construction, a wind energy system shall not be operated or maintained until an inspection by the city determines that the system meets the requirements of this article.
(Ordinance 2014-02 adopted 1/13/14)
(a) 
At such time as an owner plans to abandon or discontinue, or is required to discontinue, the operation of a wind energy system, such owner must notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations;
(b) 
In the event that an owner fails to file such notice, the wind energy system shall be considered abandoned if the wind energy system is not operated for a continuous period of twelve (12) months, unless the owner of said wind energy system provides proof of continued maintenance;
(c) 
Upon abandonment or discontinuation of use, the person who operated the wind energy system or the property owner shall physically remove the wind energy system within thirty (30) days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
(1) 
Removal of the tower, turbine and all other components of the wind energy system;
(2) 
Transportation of the tower, turbine and all other components of the wind energy system to an appropriate disposal site;
(d) 
The owner of the wind energy system shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition;
(e) 
If a party fails to remove a wind energy system in accordance with this section, the city shall have the authority to enter the subject property and physically remove the wind energy system. In the event the city must remove the wind energy system, costs for the removal of the wind energy system shall be charged to the landowner of record, and city may place a lien on the property for such costs of removal; and
(f) 
Failure to remove an abandoned wind energy system as required by this section shall constitute a violation and be subject to the penalties prescribed herein.
(Ordinance 2014-02 adopted 1/13/14)
(a) 
Wind energy systems that have, due to damage, lack of repair, or other circumstance, become unstable, lean significantly out-of-plum, or otherwise present a danger or hazard to the public health or safety, shall immediately cease operating and be removed or brought into repair within thirty (30) days of notification from the city, the city may remove the wind energy system and place a lien upon the property for the costs of the removal. However, the city may order immediate action to prevent an imminent threat to public safety or property.
(b) 
The mayor may revoke or suspend a permit for cause or if it is determined that a wind energy system is not in compliance with the requirements of this article or other laws or regulations. The owner shall be given not less than seven (7) days’ notice of suspension or revocation, which notice shall be presumed received on the expiration of three days after deposit in the mail properly addressed to the owner at the address stated in the application, or immediately upon hand delivery to the owner.
(c) 
Upon expiration of the period set forth in the notice, the operation of the wind energy system shall cease. If the violation or event of noncompliance giving rise to the suspension is not corrected, and the suspension lifted and permit reinstated, within ninety (90) days thereafter, the wind energy system shall be removed by the owner at the owner’s sole expense. If a permit is revoked and a new permit is not thereafter issued within (30) days after the date of revocation, the wind energy system shall be removed by the owner at the owner’s sole expense.
(d) 
The suspension or revocation of a wind energy system permit may be appealed by written notice of appeal, filed with the city, within twenty (20) days after receipt of notice of suspension or revocation. The use and operation of the wind energy system shall cease upon expiration of the period set forth in the notice, notwithstanding the pendency of an appeal. The city council shall have sole and exclusive authority to hear and decide all such appeals, and the decision of the city council shall be final and binding.
(Ordinance 2014-02 adopted 1/13/14)
(a) 
It is unlawful for any person to construct, install, maintain or operate a wind energy system that is not in compliance with this article or with any condition contained in a wind energy system permit issued pursuant to this article.
(b) 
It is unlawful for any person to violate any condition, notice or order directed to the owner regarding the discontinuance or removal of a wind energy system or component thereof.
(c) 
Any owner, person, firm or association violating any of the provisions of this article shall be deemed guilty of a misdemeanor offence and upon conviction, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) and each and every day a violation shall be deemed a separate offense.
(d) 
A violation of any term or provision of this article may be enjoined by civil injunctive relief. The city may, at its sole option, seek injunctive and other equitable relief to restrain any violation of this article and may, in addition, pursue any lawful remedies to correct, abate, or punish any violation hereof.
(e) 
The penalties and remedies provided for in the article are not exclusive of each other or of any other remedy at law or in equity, and all such remedies are declared to be cumulative.
(Ordinance 2014-02 adopted 1/13/14)