(a) 
The purpose of this division is to facilitate the siting, installation, and construction of small, medium, and large wind energy conversion systems within the city, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species.
(b) 
To the extent this division conflicts with state or federal law, such state or federal law controls.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
For purposes of this division, the following terms shall have the respective meanings as ascribed to them:
Ambient sound.
All sound present in a given environment, being usually a composite of sounds from many sources near and far. It includes intermittent noise events, such as, from aircrafts flying over, dogs barking, wind gusts, mobile farm or construction machinery, and the occasional vehicle traveling along a nearby road. The ambient also includes insect and other nearby sounds from birds and animals or people. The nearby and transient events are part of the ambient sound environment but are not to be considered part of the long-term background sound. If present, a different time or location should be selected for determining the ambient background sound levels.
Biological/environmental assessment.
An assessment performed by a degreed biologist of the on-site and surrounding area habitat and the wildlife species that may be utilizing the project site or neighboring areas for foraging, nesting, breeding, or migratory purposes that may be impacted through development actions; the assessment usually includes identification of wetland, creek, river, bay, and other watershed habitats, and may be species specific.
Building/structurally-mounted wind energy system.
A small wind energy system for permanent mounting and operating on a building or other structure. Building or structurally-mounted systems must not exceed ten kilowatts (10) kW in manufacturer rated power.
dbA (A-weighted sound level).
A measure of overall sound pressure level designed to reflect the response of the human ear, which does not respond equally to all frequencies. It is used to describe sound in a manner representative of the human ear's response.
dbC (C-weighted sound level).
Sound measurement used to measure low frequencies as a single number that represents the entire low frequency spectrum. A-weighted sound levels (dbA) de-emphasize and do not fully represent dbC sound levels when taken or recorded.
Fall radius.
The fall area for a wind energy system is measured by using the total system height of the tower as the radius around the center point of the base of the tower.
Flicker.
The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
Grid system.
The transmission system created to balance the supply and demand of electricity for consumers.
Horizontal axis wind energy system.
A wind energy system that utilizes the shaft of the monopole to support the propeller at the top and the generator is situated perpendicular and horizontal to the shaft.
Large wind energy system.
A wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A large wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics and has a total rated capacity that is at least one hundred kilowatts (100 kW) but less than two hundred fifty kilowatts (250 kW).
Medium wind energy system.
A wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A medium wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics, which has a total rated capacity that is greater than ten kilowatts (10 kW) but less than one hundred kilowatts (100 kW).
Rated capacity.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
Small wind energy system.
A single system designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, base, rotor blades, and associated control or conversion electronics, which for the purpose of this division has a total rated capacity of ten kilowatts (10 kW) or less.
Survival wind speed.
The maximum wind speed, as designated by the wind energy system manufacturer, at which a system, in unattended operation (not necessarily producing power) is designed to survive, without damage to any structural equipment or components of the system, or loss of the ability to function normally.
Tonal or "pure" sounds.
Sound that is defined as sound at discrete frequencies. It is caused by components such as meshing gears, nonaerodynamic instabilities interacting with a rotor blade surface, or unstable flows over holes or slits or a blunt trailing edge. A highly tonal sound is often described as a buzz, whine, or hum.
Total wind energy system height.
The distance from the grade to the highest point on the tower, including the vertical length of any extensions, such as the rotor blade:
(1) 
For horizontal axis wind energy system towers, the distance between the ground and the highest point of the rotor blade in its vertical, upright position; and
(2) 
For vertical axis wind energy system towers, the distance between the ground and the highest point of the monopole tower/shaft.
Turbine, guyed.
Any tower or wind energy system turbine supported in whole or in part by cables anchored to the ground.
Vertical axis wind energy system.
A wind energy system that utilizes a generator positioned at the base of the tower and has the blades wrapped around the shaft.
Wind energy system or wind energy conversion system.
A shaft, gearing belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity producing device to convert the mechanical energy of the surface area into electrical energy, and the associated, tower, pylon, and rotor blades or other device.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
The requirements of this section apply within the city where all wind energy conversion systems used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system.
(b) 
Wind energy systems in place prior to the effective date of this division are not required to meet the requirements of this section with the exception of those wind energy systems abandoned pursuant to section 14.04.436(f)(2).
(c) 
Any preexisting wind energy system that is not producing energy for a continuous period of six (6) months must meet the requirements of this section prior to recommencing production of energy.
(d) 
Any physical modification to an existing and permitted wind energy system that materially alters the size, type, power output, or number of wind energy systems, or other equipment, requires a permit modification from the city.
(e) 
Accessory use.
Accessory use for this section refers to the stipulation that the energy generated by a wind energy system must be used on site and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property.
(f) 
Boat and RV wind energy systems.
Wind energy systems with a total rated capacity less than one kilowatt (1 kW) of power that do not, and will not, require or implement the conversion of direct current (DC) to alternating current (AC) are exempt from the requirements of this section, with the stipulation that no wind energy system may extend more than fifteen feet (15') above the primary supporting section of the structure being used for mounting.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Certification.
All wind energy systems must be approved under an emerging technology program, such as the California Energy Commission, IEC, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.
(b) 
Permits.
All wind energy systems require a building permit, electrical permit, and review by the city.
(c) 
Inspection.
All wind energy systems must be inspected by the city's building and electrical inspectors.
(d) 
Permit issuance.
All reviews by the city must be performed, and the building permit, electrical permit, and if applicable, specific use permit, must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy system.
(e) 
Survival wind speed.
All wind energy systems and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind resistant construction standards of the Texas State Department of Insurance Wind Load Factors for the North Texas area and the city's building code.
(f) 
Controls and brakes.
All wind energy systems must have automatic and manual braking systems that engage at the maximum wind speeds allowable as designated for the type of wind energy system installed, to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, and turbine components.
(g) 
Maintenance.
The owner and operator of a wind energy system must maintain the system to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer.
(h) 
Appearance.
All wind energy systems must maintain a nonreflective white, off-white, grey or tan finish.
(i) 
Signs.
(1) 
Advertising.
Advertising or identification of any kind on wind energy conversion systems is prohibited.
(2) 
Informational sign.
Each wind energy system must have a sign, not to exceed two square feet (2 sq. ft.) in area, posted at the base of the tower providing the following information:
(A) 
Electrical shock hazard or high voltage warning;
(B) 
Manufacturer's name;
(C) 
Emergency phone number; and
(D) 
Emergency shutdown procedures.
(j) 
Wiring.
(1) 
Storage.
All electrical wires associated with a freestanding wind energy conversion system must be located on or within the tower in a manner that minimizes their visibility, and must be installed in compliance with the city's electrical code.
(2) 
Installation.
All transmission wires must be installed underground and comply with the city's electrical code.
(k) 
Lighting.
Wind energy systems may not be artificially lighted, unless requested or required by the Federal Aviation Administration.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Permitted use/by right or specific use permit for lots 2.0 acres or greater.
(1) 
All applications for wind energy systems as a permitted use/by right or specific use permit (SUP) are subject to permit review and the requirements of this division. All applications for wind energy systems under a specific use permit are subject to permit review and the requirements of sections 14.04.433, 14.04.434, 14.04.435(b)—(c), 14.04.437, 14.04.438, 14.04.439, and 14.04.440.
(A) 
All specific use permits issued for a wind energy system are for the life of the system and any replacement or alterations to the system require an amendment to the existing specific use permit.
(B) 
Wind energy systems are allowed as an accessory use to a building requiring energy on platted lots and as either a use permitted/by right or under a specific use permit if the applicant is able to meet the requirements outlined in table 14.04.435(a)(1)(B)(i):
Table 14.04.435(a)(1)(B)(i) Allowances as a permitted/by-right use or SUP
Land use
Type of system
Min. lot size
Max. units allowed
Max. height by right or SUP
Fall radius setbacks notes 1, 2 & 3 below apply
Permits required
Additional requirements
Agricultural, single-family residential and commercial business
Pole mounted
2.0 acres or greater
One small or medium freestanding system allowed as an accessory use, one (but not more than one) per 2.0 acres of platted lots.
By right up to 60'
61' to 85' by SUP
The total height of the system plus 25%.
The system must fall within the property lines and is subject to subsection (c).
Building and electrical
Development services review
Light industrial "L1"
Pole mounted
2.0 acres or greater
One small or medium freestanding system allowed as an accessory use, one (but not more than one) per 2.0 acres on platted lots.
By right up to 60'
61' to 85' by SUP
The total height of the system plus 25%.
The system must fall within the property lines and is subject to subsection (c).
Building and electrical
Development services review
All zoning districts
Building or structurally mounted
None
No more than 2 systems per structure requiring energy for operation, under any land use, as an accessory use on platted lots.
15' above highest point in structure, excluding chimneys, not to exceed the requirement of subsection (c).
Fall radius equals the total system height plus 25%, with a minimum setback of 5 feet from the property line, and is subject to subsection (c).
Building andelectrical
Development services review
1
If the entire system (including turbine and rotor blades) meets the Texas State Department of Insurance and city building code wind load requirements for the area that the system will be located.
2
If an applicant is able to present evidence that the proposed wind energy system has been engineered with a break point along the tower, the city may determine that the measurement of the length of the longest segment following a break at the break point can be used in determining the fall radius and setback.
3
All setbacks are measured from the property line or utility easement, if present and applicable, and subject to subsection (c).
(b) 
Permitted use/by right or specific use permit for lots less than 2.0 acres and Village Center zoning.
(1) 
All applications for wind energy systems under a specific use permit are subject to permit review and the requirements of sections 14.04.433, 14.04.434, 14.04.435(b)—(c), 14.04.437, 14.04.438, 14.04.439, and 14.04.440.
(A) 
All specific use permits issued for a wind energy system are for the life of the system and any replacement or alterations to the system require an amendment to the existing specific use permit.
(B) 
Wind energy systems are allowed as an accessory use to a building requiring energy on platted lots and as either a use permitted/by right or under a specific use permit if the applicant is able to meet the requirements outlined in table 14.04.435(b)(1)(B)(i):
Table 14.04.435(b)(1)(B)(i) Allowances as a special use permit
Land use
Type of system
Min. lot size
Max. units allowed
Max. Height
Fall radius setbacks notes 1, 2 & 3 below apply
Permits required
Agricultural, single-family residential and commercial
Pole mounted
Less than 2.0 acres
One small or medium freestanding system allowed as an accessory use, one (but not more than one).
60'
The total height of the system plus 25%. The system must fall within the property lines and is subject to subsection (c)
Building and electrical
Light industrial "L1"
Pole mounted
Less than 2.0 acres
One small or medium freestanding system allowed as an accessory use, one (but not more than one).
85'
The total height of the system plus 25%. The system must fall within the property lines and is subject to subsection (c).
Building and electrical
Village Center
Pole mounted
None
One small or medium freestanding system allowed as an accessory use, one (but not more than one).
85'
The total height of the system plus 25%. The system must fall within the property lines and is subject to subsection (c)
Building and electrical
1
If the entire system (including turbine and rotor blades) meets the Texas State Department of Insurance and city building code wind load requirements for the area that the system will be located.
2
If an applicant is able to present evidence that the proposed wind energy system has been engineered with a break point along the tower, the city may determine that the measurement of the length of the longest segment following a break at the break point can be used in determining the fall radius and setback.
3
All setbacks are measured from the property line or utility easement, if present and applicable, and subject to subsection (c).
(c) 
Additional setbacks, clearance, and height requirements.
All wind energy systems must be located under the following setback and clearance requirements, measured from the center of the turbine base:
(1) 
Yards.
No wind energy system may be located in any required front yard, located between a principal building and a required front yard, or located in front of the front building line of the principal residential, commercial, agricultural, or industrial building on the lot served by the wind energy system.
(2) 
Vertical ground clearance.
The blade tip of any wind energy system must, at its lowest point, have a ground clearance of no less than twenty feet (20'), as measured at the lowest point of the arc of the blades.
(3) 
Communication and electrical lines.
Each wind energy system must be set back a minimum distance of one hundred twenty-five percent (125%) of the total system height from any right-of-way, or public or private easement where aboveground structures or utility lines exist, or are likely to exist, without proof of the lawful consent of the easement owners.
(4) 
Building-mounted heights.
The maximum height of any building or structurally-mounted wind energy system will be dependent upon the results of the structural engineering plans, performed by a registered state engineer, for the building or structure that the system will be mounted on.
(5) 
Monopole heights.
The height of a freestanding wind energy system must be measured as the distance from the existing grade, prior to any modifications to the grade, to the highest point on the system, including the vertical length of any extensions such as the rotor blade.
(6) 
All maximum heights.
The height of any wind energy system may not exceed the manufacturer's recommendations for the system and the maximum height permitted under this division.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Prohibited models.
The following wind energy systems are prohibited in all zoning districts:
(1) 
Guyed or latticed towers for small, medium, or large wind energy systems;
(2) 
Experimental, homebuilt, and prototype models.
(b) 
Shadow flicker.
Plans submitted for review with the building permit application must disclose how the property owner and operator shall minimize shadow flicker to any occupied building on or off site, by limiting flicker effect to a maximum of two (2) five-minute (5) periods in one (1) day.
(c) 
Signal interference.
(1) 
Prevention.
The manufacturer or wind energy system representative must take into consideration the proposed location of the wind energy system and certify that the siting of the wind energy system will not interfere with any of the following;
(A) 
Existing microwave communications links;
(B) 
Existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, wireless phone, or other personal communication systems.
(2) 
Mitigation.
Operation of wind energy systems must be discontinued if such interference occurs after the construction, until such time as the interference is mitigated for or eliminated.
(d) 
Sound emissions.
(1) 
Residential sound limits.
The dbA and dbC sound levels emitted from any wind energy system operation within, or adjacent to, any zoning district that authorizes residential use, may not exceed the measured preconstruction ambient sound levels by more than three (3) dbA and fifteen (15) dbC at any time of the day or night, when measured at all the neighboring property lines allowing for residential use, even if the adjacent property is unoccupied at the time the wind energy system is established;
(2) 
Nonresidential sound limits.
The dbA and dbC sound levels emitted from any wind energy system operation that is not located within, or adjacent to, any zoning district that authorizes residential use may not exceed the measured preconstruction ambient sound levels by more than five (5) dbA and twenty (20) dbC at any time of the day or night, when measured from all property lines, even if the adjacent property is unoccupied at the time the wind energy system is established;
(3) 
Except during short-term events including utility outages and severe wind events, a wind energy system shall be designed, installed, and operated so that the dbA and dbC sound levels determined above must not exceed the sound levels, or be in violation of, any of the standards established under this code;
(4) 
Measuring sound levels.
An ambient dbA and dbC sound level survey must be performed on site prior to construction of any wind energy system on a property, and the results submitted to the city for review prior to receiving a permit to construct the system. The ambient sound level survey must be performed as follows:
(A) 
All instruments used for measuring sound levels must meet the American National Standards Institute (ANSI) or International Electrotechnical Commission (IEC) type 1 precision integrating sound level meter performance specifications;
(B) 
Sound level measurements must be taken at all of the property lines, and the site test location, date, time of day, wind speeds, and resultant dbA and dbC sound levels must be recorded for submittal to the city concurrent with a wind energy system application submittal;
(C) 
A minimum of two (2), continuous ten (10) minute tests must be taken at each location, and for each time period, between the hours of 1:00 p.m. and 6:00 p.m., and between 12:00 a.m. to 6:00 a.m. for two (2) days;
(D) 
The highest and lowest dbA and dbC readings for each location and test must be recorded, and the high and low readings within a five-decibel spread that is observed for ninety percent (90%) of each of the ten (10) minute survey time periods must be recorded and shall be accepted as the average ambient background sound level for that test period; and
(E) 
Ambient background sound levels include insect and other nearby sounds from birds, animals, people, and nearby transient events. However, the nearby, transient, nonnature, or occasional sounds, such as lawn mowers, airplanes flying over, or sounds from a park or playground, are not to be considered as part of the long-term ambient background sound levels used for surveying and recording purposes. If present, a different time or location must be selected for determining the ambient background sound levels, and multiple ten (10) minute tests may be required for the tests to be considered reliable and acceptable.
(5) 
Sound level complaints.
The city will consider and process the following as noise nuisance complaints, which will require the owner of the wind energy system to cease operation of the system until the complaint has been resolved and the system has been brought into compliance. It shall be unlawful for the owner of a wind energy system to cause or permit the system to produce sounds that:
(A) 
Exceed the limits set above in subsections (d)(1)—(3);
(B) 
Are considered tonal, vibrational, mechanical, aerodynamic, frequent, or continuous and exceed the limits set above in subsections (d)(1)—(3);
(C) 
Interfere with the peaceful enjoyment of an adjacent property owner;
(D) 
Cause discomfort, distress, or disturb the quiet, comfort, or repose of a person of reasonable nervous sensibilities; or
(E) 
Injure or endanger the safety or health of a human or other animal so as to interfere with the physical well-being of the human or other animal.
(6) 
Sound limit exceptions.
In the event that proposed or resultant noise levels from a wind energy system exceed the criteria of this section, a waiver to said levels may be approved by the city manager, provided that the sound levels do not exceed the city's noise ordinance, and the following has been accomplished:
(A) 
The owner of the wind energy system must submit to the city a copy of the written consent from all of the adjacent and affected property owner(s) stating that they are aware of the proposed or established wind energy system and the noise limitations imposed by this section, and consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and
(B) 
The owner of the wind energy system must provide to the city a copy of the written consent described above for each succeeding property owner located adjacent to the property of the proposed or established wind energy system.
(e) 
Security.
(1) 
Ground clearance.
The bottom of the tower, measured from ground level to fifteen (15) feet aboveground level, must be designed in a manner to discourage unauthorized climbing.
(2) 
Access.
All access doors to wind turbine towers and electrical equipment must be lockable.
(3) 
Fencing.
Fencing of turbine areas may be required, at the discretion of the city manager, based upon site-specific safety concerns.
(f) 
Enforcement.
(1) 
Safety.
Any wind energy system found to be unsafe by the city building official must be repaired by the owner within sixty (60) days of the building official's notice to meet federal, state, local and manufacturer safety standards, and the standards of this section.
(2) 
Notice.
If any wind energy system is not operated for at least a continuous period of six (6) months due to operational difficulties or abandonment, the landowner shall provide the city the reasons for the operational difficulty or abandonment and provide a reasonable timetable for corrective action, or removal of the wind energy system as outlined under section 14.04.438.
(3) 
Resolution.
If the city manager or designee deems the timetable for corrective action as unreasonable, the city manager or designee may notify the landowner or operator, who shall remove the wind energy system within six (6) months of receipt of notice from the city.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
All proposed wind energy systems are subject to the following agency reviews during the siting, application, site plan review, and permitting processes:
(1) 
Federal Aviation Administration (F.A.A.) requirements.
All proposed wind energy systems are subject to the requirements listed under the F.A.A. Order JO 7400.2, "Procedures for Handling Airspace Matters Advisory Circular AC 70/7460-1K," and title 14 Code of Federal Regulations (14 CFR) part 77, "Obstruction Marking and Lighting, Obstruction Standards." The applicant shall file form 7460-1 with the F.A.A., if the proposed wind energy system extends more than two hundred feet (200') aboveground or is closer than twenty thousand feet (20,000') from a public use airport with a runway more than three thousand two hundred feet (3,200') in length.
(1) 
Utility notification.
No wind energy system that has the ability to be connected to a power grid may be installed until the applicant has provided evidence of compliance with all state laws and provides a copy of the "Application for Interconnection and Parallel Operation of Distributed Generation," as may be amended or replaced in the future, that has been fully executed and approved by the electric utility company.
(2) 
Permit issuance.
The applicant must show consideration of, and proof of compliance with these agencies and other requirements prior to receiving a building permit, electrical permit, or specific use permit for the wind energy system from the city.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Useful life.
The wind energy system is presumed to be at the end of its useful life if no electricity is generated for a continuous period of six (6) months.
(b) 
Responsibility.
The property owner or operator shall, at their sole expense, complete decommissioning of the wind energy system within six (6) months from the time it is determined that the wind energy system has met the end of its useful life as outlined in this section.
(c) 
Required action.
Decommissioning must include removal of the entire wind energy system, including buildings, cabling, electrical components, and any other associated facilities.
(d) 
Remediation.
Disturbed earth must be graded and reseeded.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
An application for approval of a wind energy system must include text and maps sufficient to show that the proposed wind energy system complies with the standards under this section. An application may not be deemed complete unless it includes the following items:
(1) 
Permit application.
Original signatures are required for the applicant and all co-applicants applying for the specific use permit, building permit and electrical permit. If the applicant or co-applicant is represented by an agent, the original signature of the property owner authorizing the agent to represent the applicant and/or co-applicant is required. The following information must be included on the application under the project description:
(A) 
The approximate generating capacity of the wind energy system;
(B) 
An estimate of the total on-site electrical demands;
(C) 
The name of the manufacturer and model being used;
(D) 
The height of the wind turbine to be constructed; and
(E) 
The phone number and name of a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(2) 
Site plan.
Two (2) twenty-four inches by thirty-six inches (24" X 36") sheet site plans and one (1) digital copy. Two (2) copies of a site plan submitted for a small wind energy system may be submitted on eight and one half inches by fourteen inches (8-1/2" X 14") sheets, with the requirement that all of the submittal requirements listed under this section are included on additional site plan sheets. The site plan must include the following information:
(A) 
Legal description, including lot and block, metes and bounds, and address of the project site;
(B) 
Adjacent land uses and zoning designations;
(C) 
The locations of all easements, rights-of-way, building, front, side, and rear zoning lot setback lines, and overhead utility lines on the property;
(D) 
The exact location and orientation of each wind energy system within the site and the direction of the prevailing winds;
(E) 
Locations of all existing buildings and fences; and
(F) 
The location of any on-site native vegetation or tree removal actions proposed in association with the construction or height of the system.
(3) 
Maps.
Several maps or a map overlaid with the following information:
(A) 
The location and distance to neighboring residences, buildings, schools, churches, hospitals, or libraries to a distance of five hundred feet (500'); and
(B) 
The location of water bodies, waterways, wetlands, drainage channels, creeks, and rivers within one (1) mile of the proposed project site.
(4) 
System design drawings.
Certified and sealed engineered drawings prepared by a professional engineer registered with the state are required, and must include the following information:
(A) 
Design specifications of the wind energy system, including the tower, base, footings, and system components;
(B) 
An engineering analysis and certification of each tower, showing compliance with the city's building code;
(C) 
Drawings that indicate the total finished wind energy system heights from the grade level prior to any modifications, including any engineered break points along the tower;
(D) 
The wind survival speed of the entire system, including turbine, rotor blades, covers, and other components;
(E) 
Data pertaining to the tower's safety and stability, including any safety results from test facilities; and
(F) 
A copy of the manufacturer's installation instructions.
(G) 
Building or structurally-mounted systems.
(i) 
The certified and sealed engineering plans prepared by a professional engineer registered with the state must show how the wind energy system will be installed for the portions of the structure proposed for use in the mounting of the system.
(ii) 
Engineering plans must state and show that the proposed wind energy system is compatible with the portions of the mounting structure proposed for use.
(iii) 
The engineering plans must state that the wind energy system does not impose a safety hazard to the main structure, adjacent property, or their occupants.
(5) 
Written statements and additional documentation.
In addition to the site plan, applications for all wind energy systems must include proof of the following in the form of written statements:
(A) 
A statement verifying that the small, medium, or large wind energy conversion system will be used solely for on-site consumption of electricity, and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property;
(B) 
A statement that the project site is, or is not, where air traffic may be a consideration affecting the installation of the system. (The applicant shall provide evidence of compliance with any applicable aviation regulatory requirements);
(C) 
Copies of all required applications for city, state, and federal permits and licenses;
(D) 
Copies of all biological/environmental assessments performed for the project site, which may have been required by a jurisdictional federal or state government agency;
(E) 
Copies of any city, state, and federal permits, licenses, biological opinions, records of decision, memoranda of understanding, exemption, variance, or other authorization or approval related to the proposed wind energy project; and
(F) 
Copy of the manufacturer's scheduled maintenance requirements for the proposed system.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)
The applicant's submittal for a building permit, electrical permit, and specific use permit must demonstrate compliance with the following standards under this section, in addition to the specific use permit review standards under section 14.04.435(b).
(1) 
Public safety.
The proposed wind energy system must be designed and operated to protect public safety by measures that may include, but are not limited to, the following:
(A) 
The proposed wind energy system must be designed, constructed, and operated so the public cannot come within close proximity to turbine blades and electrical equipment; and
(B) 
The proposed wind energy system must be designed, sited, constructed, operated, and maintained to prevent the structural failure of the system or blades that could endanger the public's safety.
(Ordinance 2011-10-00687 adopted 10/6/11; Ordinance 2024-03-00998 adopted 3/21/2024)