Seminole City Zoning Code

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill or wind turbine, which converts wind energy to a form of usable energy.

(Prior Code, § 12-2H-1) (Ord. 1089, passed 1-13-2009)

   (A)   Filing of application and fee. Any person who desires to place, erect or construct any WECS within the limits of the city shall make application to the Planning Commission for review.

      (1)   Such application shall include the property owner’s name and address; or the applicant’s name and address, if different from property owner.

      (2)   The permit application shall be accompanied by standard drawings of the structural components of the WECS, including support structure, tower, base and footings. Drawings and any necessary calculations shall be certified in writing by a registered professional engineer to show that the system complies with the adopted building code. (Certification would normally be supplied by the manufacturer.) Where structural components or installation vary from the standard design or specification, proposed modifications shall be certified by a registered professional engineer for compliance with the structural design provisions of the adopted building code.

      (3)   The permit application shall be accompanied by a line drawing identifying the electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the adopted electrical code. The application shall include a statement from a registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with said electrical code. (This certification would normally be supplied by the manufacturers.) All equipment and materials shall be used or installed in accordance with such drawings and diagrams. Where the electrical components of an installation vary from the standard design or specifications, proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with requirements of said electrical code and good engineering practices.

      (4)   A plot plan showing property lines, easements, setback lines and the location and size of all existing structures on the property is required.

      (5)   The proposed location of the WECS tower and all guywires on the subject property and their distance from all property lines is required.

      (6)   The overall diameter of the blade to be utilized and the distance between the hub of the tower to ground level at the base of the tower is required.

      (7)   Such application shall be accompanied by a fee of $100.

   (B)   Hearings and notification. The City Planning Commission shall hold one or more public hearings thereon. At least 15 days in advance, all owners of property located within 200 feet of the property shall be notified in writing of the purpose, time and place of said hearings. At least 15 days’ notice of the time and place of such hearing shall be published in an official newspaper or newspaper of general circulation in the city.

   (C)   Report to Council. The Planning Commission shall, within 45 days of the date of application, transmit to the City Council its report as to the effect of such proposed WECS upon the character of the neighborhood and other matters pertaining to the general welfare of the community, and the recommendation of the Planning Commission concerning the application. Thereupon, the City Council may authorize or deny the issuance of a permit as requested.

(Prior Code, § 12-2H-2) (Ord. 1089, passed 1-13-2009)

   (A)   Standards, rules and regulations adopted for the purpose of implementing this subchapter are as follows.

      (1)   Lot area shall be a minimum of two and one-half acres.

      (2)   The general requirements of the International Building Code and National Electrical Code, as adopted, shall govern the construction of WECS structures, and the owner/operator shall comply with good operating practices.

      (3)   All structural elements shall meet or exceed a designated wind load velocity of 120 mph, and all WECSs shall be equipped with manual and automatic overspeed controls. The WECS owner/operator shall comply with Federal Aviation Administration notification requirements and any other applicable regulations.

      (4)   WECS towers that are capable of being climbed shall be enclosed by a locked protective fence at least six feet high, and other types of towers shall be unclimbable by design for the first 12 feet.

      (5)   The WECS tower as measured from the base thereof to its highest point, to include height added by any blade in a vertical position, shall be set back from any structure and all property lines a distance equal to 120% of the total height of the tower.

      (6)   The lowest point of the rotor blade arcs of a WECS shall be a minimum of 20 feet above the ground. All WECSs in residential districts shall have rotors that are not longer than 18 feet or 36 feet in diameter, and in other districts shall have rotors that are not longer than 40 feet or 80 feet in diameter.

      (7)   When a WECS located within a commercial or industrial district abuts a residential district, the height of the WECS shall not exceed a maximum of 100 feet, and no rotor shall exceed 18 feet in length or 36 feet in diameter; otherwise, provisions within the subchapter shall apply.

      (8)   WECSs on top of buildings shall be designed and constructed in conformance with good engineering practices and certified by a state professional engineer that the WECS is in compliance with good engineering practices. The WECS owner/operator shall comply with all federal and state regulations, including FCC regulations.

      (9)   Noise level of WECS, measured at the property line, shall not exceed 55 dBA at a wind speed of not less than 25 mph.

      (10)   No part of the WECS, including the tower, anchors and guywires, shall be located within or over drainage, utility or other established easements, and shall be allowed only in rear yards of residential districts.

      (11)   Anchor points of guywires supporting a WECS structure shall be enclosed by a six-foot high fence or shall be located within the confines of a yard which is completely fenced.

      (12)   At least one sign shall be posted at the base of the WECS tower and shall contain a warning of high voltage, an emergency telephone number and emergency shutdown procedures.

      (13)   No electromagnetic interference may be caused beyond the boundaries of the property in which the system is located.

   (B)   The provisions set forth in this section shall be considered minimum requirements and shall not relieve any person from any duty imposed by law to use reasonable care and take reasonable precautions for the safeguarding of people and the protection of and noninterference of property rights.

(Prior Code, § 12-2H-3) (Ord. 1089, passed 1-13-2009)

   Upon abandonment of a WECS or if it is in an operational condition which poses a potential safety hazard or is in violation of local, state or federal regulations, the owner/operator shall take expeditious action to remedy the situation. The city reserves the authority to abate any hazardous situation. If the hazardous condition or violation of regulations cannot be corrected with a reasonable amount of effort, then the city reserves the right to revoke the WECS permit and remove the system. The cost of removing the WECS shall be passed on to the owner/operator. If the city determines that the WECS has not been used for 12 successive months, the WECS shall be considered abandoned. Abandoned WECS shall be removed within 30 days of written notice to the owner/operator of the system.

(Prior Code, § 12-2H-4) (Ord. 1089, passed 1-13-2009)