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Merriam City Zoning Code

ARTICLE VII

- SMALL WIND ENERGY SYSTEMS

Sec. 74-383. - Purpose.

The purpose of this article is to accommodate small wind energy systems in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the system.

(Ord. No. 54, art. 4, § 4-701, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-384. - Definitions.

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:

Sec. 74-385. - Applicability.

  • Small wind energy system special use permit. Small wind energy systems of one or more wind turbines may be permitted as either a principal or accessory use in any residential, commercial or industrial zoning district subject to the approval of a special use permit. Small wind energy systems that are constructed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use.
  • Approval. No small wind energy system shall be erected, constructed, installed or modified without first receiving a special use permit from the city council as set forth in ARTICLE V of this chapter.
  • Exemption. All small wind energy systems installed prior to January 1, 2011 are exempt from the provisions hereof until such time as the small wind energy system is changed or modified in any way.
  • Restrictions. No roof-mounted small wind energy system shall be permitted under this article.

    • (Ord. No. 54, art. 4, § 4-703, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-386. - Deviations.

    The planning commission may consider whether to recommend to the city council deviations to this article, based on unique design, special project conditions, site constraints or specific hardship. Deviations should be considered at the time of the planning commission's review of the small wind energy system special use permit application and associated site plan for the small wind energy system. The planning commission and city council shall consider the following criteria in acting upon a request for deviation:

    1. Purpose and intent of Code. Whether granting the deviation is in compliance with the general purpose and intent of the city's small wind energy system regulations as set forth in this article.
    2. Impacts on adjacent properties. Whether granting the deviation will adversely affect neighboring property owners or residents.
    3. Safety. Whether granting the deviation will adversely affect safety.
    4. Visual clutter. Whether granting the proposed deviation will significantly clutter the visual landscape of the area.

    (Ord. No. 54, art. 4, § 4-704, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-387. - Design and construction standards.

  • The design of the small wind energy system's buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend facility components with the natural setting and the environment existing at the time of the installation.
  • Setback.
    1. Small wind energy system shall be set back a distance equal to 115 percent of the total height from:
      1. Any public right-of-way.
      2. Any overhead utility line.
      3. All property lines.
      4. Any dedicated travel ways to include but not be limited to driveways, parking lots, nature trails or sidewalks.
    2. Small wind energy systems must meet all setbacks for accessory structures for the zoning district in which the system is located.
    3. The setback shall be measured to the center of the tower's base.
    4. Guy wires used to support the tower are exempt from the small wind energy system setbacks.
  • Tower.
    1. Wind turbines may only by attached to free-standing or guy wired monopole towers. Lattice towers are explicitly prohibited.
    2. The combined total height of the tower and turbine shall not exceed 120 feet.
    3. The applicant shall provide evidence that the proposed tower does not exceed the height recommended by the manufacturer of the wind turbine.
  • Blade clearance. There shall be a minimum vertical blade tip clearance from the ground of 20 feet.
  • Sound level. The small wind energy system shall not operate in such a manner as to create a nuisance to surrounding properties. The applicant will provide dB(A) calculations at all surrounding property lines sufficient to demonstrate compliance with ARTICLE II, DIVISION 2 of this chapter.
  • Vibration. Small wind energy systems shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
  • Reception interference. Small wind energy systems shall not cause interference with television, microwave, navigational or radio reception to neighboring areas.
  • Shadowing/flicker. Small wind energy systems shall be sited in a manner that does not result in significant flicker or shadowing on neighboring properties.
  • Ice throw. The potential ice throw or ice shedding from the wind turbine shall not cross the property lines of the site nor impinge on any right-of-way or overhead utility.
  • Safety. Small wind energy systems shall comply with all safety requirements as outlined by the National Electrical Code and the manufacturer's guidelines.
  • Signs. All signs, both temporary and permanent, are prohibited on the small wind energy system except as follows:
    1. Any signage required by local, state or federal regulations.
    2. Warning, safety, and maintenance signage.
  • Code compliance. The small wind energy system shall comply with all applicable sections of this Code.
  • Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations.
  • Visual impacts. It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to balance the visual impacts with the applicant's ability to access wind resources.
    1. The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance, buffering, and screening of ground mounted electrical and control equipment. All electrical conduits shall be underground.
    2. The color of the small wind energy system shall be a nonreflective, unobtrusive color that blends in with the surrounding environment.
    3. A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings or lights for the small wind energy system.
  • Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to all applicable regulations of this Code, as well as meet any standards set forth by the applicable utility company.
  • Access.
    1. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
    2. 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 feet above the ground.
  • Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

    • (Ord. No. 54, art. 4, § 4-705, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-388. - Abandonment.

  • At such time that a small wind energy system is deemed to be abandoned by the community development director or their designee, a notice of abandonment shall be sent to the property owner notifying the property owner that the small wind energy system must be repaired or physically removed within 14 days.
    1. The term "physically removed" includes, but is not be limited to:
      1. Removal of the wind turbine and tower and related above-grade structures.
      2. Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain.
    2. Extensions of the 14-day period specified herein may be granted by the community development director at the request of the property owner if such owner demonstrates that due diligence is being exercised to place the small wind energy system back into service.
  • In the event that the property owner fails to repair or physically remove the small wind energy system within the 14-day period specified in the notice of abandonment, or any extension granted thereto by the community development director as set forth in subsection (a)(2) of this section, the small wind energy system shall be deemed to constitute a nuisance and shall be abated as set forth in Chapter 41.

    • (Ord. No. 54, art. 4, § 4-706, 12-4-1958; Ord. No. 1666, 2-28-2011)

    Effective on: 1/1/1901

    Secs. 74-389—74-419. - Reserved.

    Effective on: 1/1/1901

    Abandoned, abandonment

    Abandoned, abandonment means the classification of a small wind energy system that has been out of service for a continuous six-month period, poses a danger or is in disrepair.

    Effective on: 1/1/1901

    Fall zone

    Fall zone means the potential fall area for the small wind energy system. It is measured by using 115 percent of the total height as the radius around the center point of the base of the tower.

    Effective on: 1/1/1901

    Flicker

    Flicker means the moving shadow created by the sun shining on the rotating blades of the wind turbine.

    Effective on: 1/1/1901

    Out of service

    Out of service means no longer operates as originally designed.

    Effective on: 1/1/1901

    S

    Shadow means the outline created on the surrounding area by the sun shining on the small wind energy system.

    Effective on: 1/1/1901

    Small wind energy system

    Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for on-site consumption.

    Effective on: 1/1/1901

    Total height

    Total height means the vertical distance from ground level to the tip of the wind turbine blade when it is at its highest point.

    Effective on: 1/1/1901

    T

    Tower means the monopole or guyed monopole structure that supports a wind turbine.

    Effective on: 1/1/1901

    Tower height

    Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine.

    Effective on: 1/1/1901

    Wind turbine

    Wind turbine means the blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

    (Ord. No. 54, art. 4, § 4-702, 12-4-1958)

    Effective on: 1/1/1901