It is the purpose of this article to regulate and promote the safe, effective and efficient use and placement of wind energy systems.

(Ord. No. 2009-13, § 1(5-11-1), 12-14-2009)

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:

Total extended height means the wind tower's height plus the length of one blade.

Wind energy system means a system which shall be comprised of a wind energy turbine, a wind tower, and associated equipment and housing for the control of such wind energy system which is intended to primarily reduce consumption of utility power.

Wind energy turbine means a mechanical device that produces electricity from wind.

Wind tower means a tower specifically built to hold a wind energy turbine.

(Ord. No. 2009-13, § 1(5-11-2), 12-14-2009)

(a)

Application and approval of a wind energy system shall be allowed only as a special use in residential districts under the procedures as set forth in section 98-256(d). Upon application for a special use permit the applicant shall be subject to the procedures and requirements of this chapter and shall file a proposed site plan, scaled to accurate dimensions, showing the location and the height of the proposed facilities with respect to the subject site and all structures within a 500 foot radius. The applicant shall also provide a copy of the appropriate manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents appropriate to substantiate compliance with the requirements of this section.

(b)

At the time of application, a written site assessment by a knowledgeable and trained assessor must be provided which evidences substantially that:

(1)

Residential buildings served by the wind energy system are energy efficient;

(2)

The area where the wind energy system is to be located is windy and open and, if possible, high;

(3)

The bottom of the turbine's blades (if blades are part of the wind energy system) are higher than any object within 500 feet of the tower; and

(4)

There is a rational relationship in the size and design of the wind energy system considering actual wind speed and energy needs to its application.

(c)

There shall be at least one public hearing not more than 30 days prior to a siting decision by the city council. Notice of the hearing shall be published in a newspaper of general circulation.

(Ord. No. 2009-13, § 1(5-11-3), 12-14-2009)

(a)

A wind energy system shall meet the following standards and procedures:

(1)

Set back. A wind energy system shall be set back at least the number of linear feet equal to 30 percent of the total extended height from all adjacent property lines, roads/rights-of-way, utility lines and overhead utilities.

(2)

Noise. A wind energy system shall not exceed 55 decibels when measured from any and all adjacent property lines at the ground level.

(3)

Height. A wind energy system shall not exceed 150 feet in height as measured from ground level.

(4)

Other requirement. A wind energy system shall meet all of the requirements and limitations set forth in section 98-141(d)(5) through (12).

(b)

A commercial wind energy facility owner, as defined in the Wind Energy Facilities Agricultural Impact Mitigation Act, must enter into an agricultural impact mitigation agreement with the department of agriculture prior to the date of the required public hearing.

(c)

A commercial wind energy facility owner seeking an extension of a permit granted by a municipality prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the department of agriculture prior to a decision by the city council to grant the permit extension.

(d)

The city may allow test wind towers to be sited without formal approval by the city council. Test wind towers must be dismantled within three years of installation.

(Ord. No. 2009-13, § 1(5-11-4), 12-14-2009; altered in 2017 recodification)

A wind energy system shall be allowed only as a special use in residential zoning districts.

(Ord. No. 2009-13, § 1(5-11-5), 12-14-2009)

The owner shall be required to demonstrate that said owner can obtain, maintain, and must provide continuous adequate liability insurance for the wind energy system with property damage and personal liability coverage limits of not less than $1,000,000.00 concerning the wind energy system. As to said insurance, the city shall be added as an additional insured, if legally possible. Further, any notice of non-payment of premiums or cancellation of such insurance shall be provided to city by both the insurance company and the owner.

(Ord. No. 2009-13, § 1(5-11-6), 12-14-2009)

The property owner shall, at its expense, complete decommissioning of the wind energy system, any individual wind turbine, or any and all parts thereof within six months after the end of the useful life or after it becomes inoperable. If no electricity is generated for a continuous period of 12 months then the wind energy system shall be considered inoperable and be decommissioned immediately according to this section. If the property owner fails to remove such a wind energy system, individual wind turbine, or any and all parts thereof within the above time periods, the city shall notify the owner that it shall remove the wind energy system, individual wind turbine or any and all parts thereof within two months of the date of the notice. It is a violation of this article for the property owner to fail to remove the wind energy system and, if the owner fails to remove it during the notice period, the city shall remove it at the owner's expense which shall be in addition to any fine or penalty.

(Ord. No. 2009-13, § 1(5-11-7), 12-14-2009)