This article is enacted pursuant to the authority granted by the Municipal Planning Act, M.S.A. § 462.351 et seq. The intent of this article is to ensure public health, safety, and general welfare in accordance with adopted goals, plans and policies of the city; to enhance privacy and the quality of the physical environment of the city; to protect and maintain property values; and preserve and develop the economic base within the city.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

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:

Wind energy conversion system or windmill means an apparatus capable of converting wind energy into electricity.

Wind energy farm means a group of wind energy conversion systems or windmills capable of converting wind energy into electricity, which are not directly connected to or designed to serve the energy needs of the primary use on the property, but rather for the primary purpose of wholesale sales of generated electricity.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Wind energy systems, including wind conversion systems or windmills, and wind energy farms, are prohibited within the city limits of the City of Paynesville, except that wind energy systems may be permitted as a conditional use in residential districts.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

In order to qualify for a conditional use permit, a wind energy conversion system, in addition to the other requirements of section 36-53, must meet the following criteria:

(1)

Wind energy conversion systems shall be set back from the nearest property line a distance equal to the height of the tower plus one-half the diameter of the rotor.

(2)

Wind energy conversion systems shall be certified by a professional engineer as being of a design adequate for the atmospheric conditions in the area.

(3)

Wind energy conversion systems shall be equipped with over speed or similar controls designed to prevent disintegration of the rotor in high winds.

(4)

Wind energy conversion systems shall be in compliance with all buildings and electrical code requirements of the city, noise regulations of the state pollution control agency (MPCA), and rules and regulations of the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA).

(5)

The conditional use permit shall provide that if a wind energy conversion system has not been operated for a period of one year or fails to meet the conditions required in this section, the city council may order it dismantled and the site restored to its original condition.

(6)

The conditional use permit shall further provide that if the owner or person responsible for a wind energy conversion system does not maintain it or comply with all requirements of this article, the city may take such steps as are necessary to achieve compliance. The cost of such work, including administrative costs, shall be a lien against the property and may be collected as a special assessment. The city may sell salvaged and valuable materials at public auction on ten days' notice.

(7)

Wind energy conversion systems shall not have exterior lights that illuminate or glare upon or into adjoining parcels of real estate.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)