The purpose of this chapter is to ensure that the placement, construction and modification of wind energy systems (WES) facilities is consistent with land use policies within the zoning jurisdiction of the city of Mitchell, to minimize the impact of WES facilities, to establish a fair and efficient process for review and approval of applications, to assure a comprehensive review of environmental impacts of such facilities, and to protect the health, safety and welfare of the citizenry. (Ord. 2408, 10-1-2012)

FREESTANDING WIND ENERGY SYSTEMS (WES): A WES utilizing a turbine attached to a self-supporting monopole or lattice style tower.

OPERATOR: The person or entity making use of a WES or who is charged with the responsibility for oversight of the WES.

ROOF MOUNTED: A WES utilizing a turbine mounted to the roof of a structure and having a maximum rotor diameter of seven feet (7').

ROTOR DIAMETER: The diameter of the circle described by the moving rotor blades.

SHADOW FLICKER: A pulsating or intermittent light effect when sunlight is interrupted at regular intervals by the spinning of rotor blade of a wind turbine.

SYSTEM HEIGHT: The height above grade of the tallest point of the WES, including the rotor radius.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

TURBINE: The parts of the WES including the blades, generator and tail.

UTILITY (ELECTRIC): Any person engaged in the generation, transmission or distribution of electric energy in this state including, but not limited to, a private investor owned utility, a cooperatively owned utility, a consumer's power district and a public or municipal utility.

WIND ENERGY SYSTEM (WES): A system that generates energy through the utilization of wind for the purpose of converting kinetic energy into electricity through use of a generator, and can include a nacelle, rotor, tower, box and/or turbine in any form and through any combination for these items and accessories thereto:

Large Wind Energy Systems (LWES): All WES facilities excluding SWES.

Small Wind Energy Systems (SWES): WES that produce electricity with a generating capacity of one hundred (100) kilowatts (kW) or less and less than seventy five feet (75') in height. (Ord. 2408, 10-1-2012)

   A.   Districts: All wind energy systems (WES), in accordance with the standards contained in this chapter, shall be deemed an accessory use, permissible in all zoning districts through a conditional use.

   B.   Application For Permit: Building permit applications for a WES shall be accompanied by:

      1.   A scaled site plan drawing showing features of the property, including, but not limited to:

         a.   Location and height of the WES;

         b.   Property boundaries and the distance of those boundaries from the WES;

         c.   Location and dimensions of any easements; and

         d.   Location of overhead utility lines.

      2.   Stamped engineered drawings of any tower, base, footings and/or foundation as provided by the manufacturer or otherwise.

      3.   Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the state electrical code. (Ord. 2408, 10-1-2012)

   A.   Design And Placement: All freestanding WES shall:

      1.   Have a maximum system height not to exceed district requirements or seventy five feet (75') in zoning districts having no height restrictions.

      2.   Have a minimum system height of twenty five feet (25') and no portion of the WES blade shall extend within twenty feet (20') of the ground.

      3.   Have a maximum power rating of one hundred (100) kW nameplate generating capacity.

      4.   Have no guyed wires attached to the tower or other components.

      5.   Have no ladder, step bolts, rungs, or other feature used for tower access to extend within twelve feet (12') of the ground. Lattice style towers shall have a protective barrier to prevent unauthorized access to the lower twelve feet (12') of the tower.

      6.   Be located entirely in the rear yard.

   B.   Foundation: For standard soil conditions, foundations or foundation specifications developed by a WES manufacturer shall be acceptable for installations of a WES with a generating capacity of twenty (20) kW or less. All other installations shall require an engineer's stamped site specific soil study.

   C.   Number: No more than one WES shall be installed on a single lot of five (5) acres or less. All other parcels will be limited to one WES per five (5) acres of land area.

   D.   Signs: A WES operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WES prohibiting trespassing, warning of high voltage, and providing the emergency contact information of the operator. (Ord. 2408, 10-1-2012)

   A.   Design And Placement:

      1.   Have a maximum power rating of ten (10) kW nameplate generating capacity.

      2.   Be limited to the principal building for any parcel unless approved by the variance.

      3.   Be erected within the confines of the principal building's roof and no portion of the WES shall extend beyond the edges of the roof.

      4.   Shall not extend to a height that exceeds applicable district requirements and shall have a system height not to exceed fifteen feet (15').

      5.   Be mounted so that no portion of the WES blade extends within twenty feet (20') of ground.

   B.   Host Structure: Installation of a roof mounted WES shall be in conformance with the manufacturer's specifications and applicable building codes.

   C.   Number: No more than one WES shall be installed on a single rooftop unless approved by a variance and the host structure lies within a commercial or industrial zoned district and is being utilized for commercial and industrial uses.

   D.   Parapet Mount: WES mounted to the top of a parapet shall be allowed as a conditional use except in residential districts. A parapet mounted WES may not be mounted on a common wall or party wall. Applications for a parapet mounted WES which would encroach into or overhang the public right of way must obtain an easement from the city prior to installation. (Ord. 2408, 10-1-2012)

The following provisions will apply to all WES erected under the provisions of this code:

   A.   Noise: Have a maximum noise production in compliance with section 5-5-5 of this code. This standard shall apply uniformly to individual WES and to the combined noise production of multiple WES of a single operator.

   B.   Color: Be a neutral tone approved by the board of adjustment and all surface finishing shall not be nonreflective.

   C.   Over Speed Controls: Shall be equipped with manual and automatic speed controls to limit blade rotation within design specifications.

   D.   Lighting: Have no installed or accessory lighting, unless required by the federal or state regulation.

   E.   State, Federal And Local Regulations: In addition to the requirements listed in this chapter, a WES must:

      1.   Comply with all federal and state regulations.

      2.   Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, noise, and nuisance requirements.

   F.   Notification: Prior to installation or erection of a WES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer owned generator. Off grid systems shall be exempt from this requirement.

   G.   Setbacks: A WES must have a minimum setback distance of one point one (1.1) times the system height from any property line, public right of way, electric substation, transmission line, structure, low voltage and high voltage electric distribution lines, or other WES facilities.

   H.   Postings: The placement of all other signs, postings, or advertisements shall be prohibited. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels.

   I.   Commercial: All WES shall be limited to the purpose of on site energy production, except that any additional energy produced above the total on site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.

   J.   Abandonment: A WES that is allowed to remain in a nonfunctional or inoperative state for a period of six (6) consecutive months, and which is not brought into operation within the time by city officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.

   K.   Feeder Lines: Any lines accompanying a WES, other than those contained within the WES tower or those attached to on site structures by leads, shall be buried within the interior of the subject parcel. (Ord. 2408, 10-1-2012)

   A.   Standards: WES shall meet minimum standards such as International Electrotechnical Commission (IEC) or the American Wind Energy Association's (AWEA) small wind turbine performance and safety standard or other standards set by local, state and federal officials.

   B.   Certification: WES shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the city. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification. (Ord. 2408, 10-1-2012)

   A.   Definitions: The following words, terms and phrases, when used in this chapter, shall have the meaning provided herein, except where the context clearly indicates otherwise:

    GROUND MOUNTED PANELS: Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus.

   ROOF MOUNTED PANELS: Solar panels that are mounted to the roof of a structure using brackets, stands or other apparatus.

   SOLAR ENERGY SYSTEMS (SES): A device, the main purpose of which is to provide for the collection, storage, distribution, conversion or use of solar energy for generation of electricity or for heating water, and can include a charge controller, inverter, panels, and batteries in any form and through any combination of these items.

   B.   Applications:

      1.   Districts:

         a.   Ground mounted SES shall be deemed an accessory structure, permissible in all zoning districts.

         b.   Roof mounted SES shall be permitted in all zoning districts.

      2.   Application For Permit: A building permit application for an SES shall be accompanied by:

         a.   A scaled site plan drawing showing features of the property, including, but not limited to:

            (1)   Location and dimensions of the SES;

            (2)   Property boundaries and the distances of those boundaries;

            (3)   Location and dimensions of any easements; and

            (4)   Location of all overhead and underground utility lines.

         b.   Engineer stamped drawings of the SES component, as provided by the manufacturer or otherwise.

         c.   Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the state electrical code.

      3.   Placement And Design:

         a.   Ground Mounting: All ground mounted panels shall:

            (1)   Be limited to a total system height of ten feet (10').

            (2)   Be limited to the rear yard.

            (3)   Exceed no more than fifteen percent (15%) lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district.

            (4)   Be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.

            (5)   Be installed in a manner that will not exacerbate stormwater runoff that may adversely affect neighboring properties.

         b.   Roof Mounting: All roof mounted panels shall:

            (1)   Comply with the maximum height requirements of the zoning district.

            (2)   Have a system height not to exceed six feet (6') on a structure with a flat roof and a system height not to exceed three feet (3') on a structure with a sloped roof.

            (3)   Not extend beyond the edge of the roof.

            (4)   Not project vertically above the peak of the roof on a building with a sloped roof.

            (5)   Be mounted with a maximum angle of sixty degrees (60°) from horizontal on a flat or sloped roof.

            (6)   Be installed only on structures having a roof capable of supporting the weight of all SES components to be mounted on the roof, plus a forty (40) pound per square foot snow load.

         c.   Aesthetics: SES panels shall be of neutral color and reflection angles shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

      4.   General Provisions:

         a.   Additional Requirements: In addition to the requirements listed in this chapter, an SES must:

            (1)   Comply with all federal and state regulations.

            (2)   Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, and nuisance requirements.

         b.   Notification: Prior to the installation or erection of an SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer owned SES. Off grid systems shall be exempt from this requirement.

         c.   Feeder Lines: Any lines accompanying an SES, other than those attached to on site structures by leads, shall be buried within the interior of the subject parcel.

         d.   Commercial: All SES shall be limited to the purpose of on site energy production, except that any additional energy produced above the total on site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.

      5.   Safety Standards And Certification:

         a.   Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air-Conditioning Engineers (ASHRAE), International Organization For Standardization (ISO), Underwriters Laboratories (UL), the Solar Rating And Certification Corporation (SRCC), or other national standards as determined by the city.

         b.   Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body determined by the city. The city reserves the right to deny installation or building permit for proposed solar systems deemed to have inadequate certification. (Ord. 2408, 10-1-2012)