Bayfield City Zoning Code
ARTICLE X
Solar Energy Systems; Wind Energy Systems
[1]
Editor's Note: The title of this article was amended 7-14-2008 by Ord. No. 342.
§ 500-69 Solar energy systems.
[Amended 10-18-2006 by Ord. No. 335; 7-14-2008 by Ord. No. 342]
No solar energy system, including solar panels or other equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, shall be installed, either as or upon a freestanding structure, or upon another structure, without a permit having been issued therefor under §500-94 following site plan approval under §500-95, and Architectural Review Board review under §500-96, provided that an application for a permit may be denied only if (1) the denial is necessary to preserve or protect the public health or safety, or (2) an alternative system of comparable cost and efficiency would be permitted; and provided further that conditions may be imposed upon a permit only if they (1) serve to preserve or protect the public self health or safety, or (2) do not significantly increase the cost of the system or significantly decrease its efficiency.
§ 500-70 Wind energy systems.
A.
Construction of wind energy systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.
B.
Permits required.
(1)
A zoning permit shall be obtained from the Plan Commission to allow construction of a WECS.
(2)
A WECS permit shall be obtained from the Zoning Administrator for the construction of all WECS.
C.
Application requirements. An application for a permit to build a wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower construction including the base and footings.
(7)
Schematic of electrical systems associated with the WECS including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.
E.
Climbing towers, tower access. Access to towers shall be controlled by fences six feet in height around the tower and anticlimbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code[1] and any future amendments, additions, and/or revisions to same.
[Amended 10-18-2006 by Ord. No. 335]
[1]
Editor's Note: See Ch. 152, Building Construction.
G.
Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electrical utility's then-current service regulations applicable to WECS; these standards are subject to review by the Public Service Commission.
H.
Setback requirements.
(1)
No WECS shall be constructed in any setback, dedicated easement, nor dedicated roadway.
(2)
Installation of any WECS may not be nearer to any property lines or rights-of-way for overhead electrical transmission or distribution lines than three times the height of the WECS structure.
I.
Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the Code of the City of Bayfield.[2]
[2]
Editor's Note: See Ch. 284, Noise.
J.
Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic over-speed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic over-speed control.
(3)
All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.
(4)
Any WECS thereof declared to be unsafe by the Zoning Administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Code of the City of Bayfield.
M.
Maintenance. The Zoning Administrator or his representative shall have the right, at any reasonable time, to enter, in the company of the owner or his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS installation and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Common Council shall be made by the Zoning Administrator to certify the safety and maintenance of the WECS and accessory structures.