The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Rotor means the blades and the hub together.

System height means the height above grade to the tip of the rotor blade at the highest point.

Tower height means the height above grade to the center of the turbine shaft.

Wind energy conversion system (sometimes also referred to as a wind turbine, wind generator, wind mill, or wind charger) means an aggregation of parts including, but not limited to, the base, tower, generator, rotor, blades, supports, and accessory equipment such as utility interconnect and battery banks, in such configuration as necessary to convert the power of wind into mechanical or electrical energy.

(Ord. No. 2009-1117, 11-17-2009)

It shall be unlawful to construct, erect, or install a wind energy conversion system within the city limits without a specific use permit issued by the planning and zoning committee and a building permit issued by the city. Wind energy conversion systems shall only be allowed in C1, C2 zoning districts.

(Ord. No. 2009-1117, 11-17-2009)

In addition to the submittals otherwise required upon making an application for a specific use permit and a building permit, an application for a wind energy conversion system shall be accompanied by a site plan of the purposed system, which shall include:

(1)

A survey or scaled drawing of the site on which the proposed system will be constructed including the property lines and physical dimensions of the applicant's property;

(2)

A plan view layout of the proposed system clearly showing the location of the proposed system, foundations, and associated equipment in respect to the property on which the system is to be built;

(3)

The distance of the system to existing property lines and required setbacks;

(4)

The location, dimensions, and types of existing structures on the site;

(5)

Elevation drawings that include tower and tower foundation drawings that depict the design and height of the proposed system and detailed drawings of all system components;

(6)

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner conforms with the city electrical code in effect at the time of construction;

(7)

Wind energy conversion system specifications, including manufacturer, model, rotor diameter, tower height, tower type, and name plate generation capacity; and

(8)

Standard installation drawings of the wind energy conversion system structure including the tower, base, and footings.

(Ord. No. 2009-1117, 11-17-2009)

Wind energy conversion systems must be installed according to the manufacturer's recommendations and under the seal of a licensed professional engineer registered in this state. The building official shall evaluate each permit application for compliance with each of the following standards:

(1)

Primary structure required. A wind energy conversion system may exist only as a secondary use shall not be erected on a lot until a primary structure has been constructed.

(2)

Minimum lot area. Wind energy conversion systems are prohibited on lots less than three acres in size.

(3)

Maximum tower height. The tower height shall not exceed 60 feet for lots more than three acres and less than ten acres in size. The tower height shall not exceed 100 feet for lots greater than ten acres.

(4)

Setbacks. The tower shall be set back a distance equal to two times the system height from all property lines.

(5)

Tower type. The tower of any wind energy conversion system shall be of monopole-type construction with no guy wires for stabilizing support.

(6)

Color. The color of all wind energy conversion systems shall be of neutral or earth tones. Wind energy conversion system shall not be finished with bright or vivid colors intended to draw attention to the structure.

(Ord. No. 2009-1117, 11-17-2009)

Wind energy conversion systems shall be maintained so as not to constitute an eyesore or become a roosting place for birds. The owner of the property shall maintain or otherwise ensure that the systems are maintained to keep them from wearing down, squeaking, or making any noise that might be offensive to neighboring properties. Systems shall be maintained at all times according to and consistent with the manufacturer's specifications.

(Ord. No. 2009-1117, 11-17-2009)

(a)

Should a wind energy conversion system cease to operate or function for a period in excess of 90 days, the system shall constitute an unauthorized use upon the property and it shall be the owner's responsibility to physically remove the system. For the purposes of this section, the term "physically remove" shall include, but not be limited to, complete removal of the wind generator and tower and related above ground structures for the site of installation and restoration of the system location to its natural condition.

(b)

If the owner fails to remove the system in compliance with this section, the city shall have the authority to enter the property and physically remove the system at the owner's expense. Costs for removal of the system shall be charged to the landowner of record and the city may place a lien on the property for such costs of removal.

(Ord. No. 2009-1117, 11-17-2009)