Whenever used in the article, the terms defined in the following sections shall bear the meaning given them in those sections.

(Ord. 3639, passed - -2000)

   WIND ENERGY CONVERSION SYSTEM. A machine that converts kinetic energy in wind into a different, usable form of energy, including a machine commonly known as a wind turbine or windmill. Unless the context clearly indicates otherwise, the term refers to all components of such a system, including, but not limited to, the tower and transmission equipment. For convenience, the term usually is abbreviated “WECS.”

(Ord. 3639, passed - -2000)

   SITE. The lot or tract of land upon which a WECS is placed. It includes such a lot or tract of land whether privately- or publicly-owned, and regardless of whether the WECS is owned by, in possession or control of, or operated by the same person who owns or is in possession of the lot or tract of land.

(Ord. 3639, passed - -2000)

   SWEPT AREA. The largest area of the WECS which extracts energy from the wind stream.

(Ord. 3639, passed - -2000)

   TOTAL HEIGHT. The aggregate height of the tower and the furthest vertical extension of any other component of the WECS.

(Ord. 3639, passed - -2000)

   It is found and declared that:

   (A)   Wind energy is an abundant, renewable, and nonpolluting energy resource, and its conversion to electricity will reduce dependence on nonrenewable energy sources and decrease air and water pollution which may result from use of conventional energy;

   (B)   Wind turbines which convert wind energy to electricity are currently available on a commercial basis from many manufacturers; and

   (C)   The generation of electricity by properly sited wind turbines can be cost effective, and in many instances, existing power distribution systems can be used to transmit electricity from wind generating stations to utilities or other users.

(Ord. 3639, passed - -2000)

   The purpose of this article is to regulate the occupancy and use of lands by wind energy conversion systems for protection of the public health, safety, and general welfare, including, but not limited to, that of owners and occupants of adjacent lands in a manner that will facilitate the effective and efficient use of such systems.

(Ord. 3639, passed - -2000)

   The total height of a WECS shall not exceed 80 feet except in the A District, or the maximum height permitted by regulations of the state or the federal government, whichever is lesser. The minimum distance of any blade above the ground shall be 15 feet; provided, if there shall exist within a 250-foot radius of the center point of the tower any building, structure (not including electrical transmission or distribution lines, antennas, slender, or open lattice towers or open fences), or tree in excess of 35 feet in height, the minimum distance of any blade above the ground shall be the greater of:

   (A)   The sum of 30 feet and the height, in feet, of the tallest of such building(s), structure(s), or tree(s); or

   (B)   Such distance above the ground as the manufacturer shall recommend to assure sufficient air flow for adequate operation of the WECS.

(Ord. 3951, passed - -2007)

   The tower support base of the WECS shall be located a distance from the boundary lines of the lot or tract of land, and from all above ground utility lines, that is not less than one and one-fourth times the total height of the WECS.

(Ord. 3639, passed - -2000)

   The Planning Commission may issue a special permit authorizing the erection, maintenance, and operation of WECS in any zone, and modifying as to such system, as provided in this article, zoning regulations pertaining to height, setback, and other provisions of this chapter which otherwise would apply to the system, if the Commission determines that the requirements of this article, and of Article 16 of this chapter, have been met.

(Ord. 3639, passed - -2000)

   (A)   An application for a special permit to erect, maintain, and operate a WECS shall comply with the requirements for an application for a special permit as described elsewhere in the municipal code and, in addition, shall include the following information:

      (1)   Address and telephone number of the owner of the lot or tract of land and, if the WECS is to be erected, maintained, or operated by some other person, the name, address, and telephone number of such other person; and

      (2)   A plot plan and development plan drawn in sufficient scale and detail to clearly describe:

         (a)   The property lines and physical dimensions of the proposed site, including all public streets and alleys abutting the site;

         (b)   The location and total height of the WECS;

         (c)   The location, dimensions, and types of all major existing structures and uses of the site;

         (d)   The location of all above ground utility lines and other WECSs on the site or within a radius from the center of the tower which is equal to one and one-half times the total height of the proposed WECS;

         (e)   The location and size of all buildings, structures, and trees exceeding 35 feet in height within a 500-foot radius of the proposed WECS (for purposes of this requirement, electrical transmission and distribution lines, antennas, slender or open lattice towers, and open fences are not considered structures);

         (f)   Where applicable, the location of all transmission facilities proposed for installation;

         (g)   Where applicable, the location of all road and other service structures proposed as part of the installation; and

         (h)   The zoning districts within which are situated the lot or tract of land and adjacent lots and tracts of land.

   (B)   There also shall be submitted with the application a copy of a proposed policy of liability insurance in an amount satisfactory to the Development Services Director.

   (C)   If the WECS is to be erected, maintained, or operated by a person other than the owner of the lot or tract of land, the application shall be signed, also, by such other person.

(Ord. 3639, passed - -2000)

   All of the other requirements and provisions of Article 13 of this chapter concerning proceedings on applications for a special permit, the terms of such a permit, the issuance of building permits and certificates of occupancy, and the transfer of special permits shall apply to a special permit issued under this article.

(Ord. 3639, passed - -2000)

   The Planning Commission may approve a special permit for a WECS if it finds, in addition to the findings required for the issuance of a special permit, that the proposed use will not be detrimental to the public health, safety, and general welfare.

(Ord. 3639, passed - -2000)

   A WECS shall be deemed abandoned if not in continuous use, except during maintenance and repair or during the temporary absence of the operator. If the Development Services Director shall determine that a WECS has been abandoned within the meaning of this section, he or she shall cause to be delivered or mailed to the owner of the lot or tract of land and, if the WECS was in the possession of or operated by some other person, to such other person, a written notice of such determination and that the WECS, including the tower, shall be removed within 30 days after delivery or mailing of the notice. If the notice is mailed, it shall be addressed to the person being notified at the latter’s last known residence address.

(Ord. 3639, passed - -2000)