A. Conditional use permit. Each wind energy conversion system shall require a conditional use permit.

B. Plans. Each application for a conditional use permit shall be accompanied by a dimensional representation of the tower, including the conversion system, base and footings, and an accurate plan containing the following information:

(1) Property lines.

(2) Proposed location of tower on site.

(3) Location of all existing structures on site.

(4) All aboveground utility lines.

(5) All underground utility lines within a radius equal to the proposed height of the WECS.

(6) Boundaries of all adjacent utility easements or reserved areas.

C. WECS height. The total height of the tower, including any portion of the rotor or axis extending above the tower, shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, except that the horizontal distance may extend beyond the nearest lot line or building line, provided that there are no overhead utility lines or easements therefor or if the abutting area is a public alleyway. Furthermore, the City Council may allow the height requirements to be exceeded, provided that they are satisfied that the proposed structure will withstand the wind loads in the area. As evidence of this, the City Council shall require the following information:

(1) Dimensional representation of the various structural components of the tower construction, including the base and footings.

(2) Design data which shall indicate basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

(3) Certification by an independent registered professional engineer or is sufficient to withstand wind load requirements for structures as established by the local building construction codes.

D. Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

E. Wind access.

(1) Contiguous property owners and planned developments may construct a WECS for their use in common.

(2) If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted for approval.

F. Noise. A WECS operation shall not produce noise in excess of the limits established by the state standards.

G. Limited use. Wind energy conversion systems installed in accordance with the requirements of this section shall not generate power as a commercial enterprise as defined by the Public Utilities Commission.

H. Electromagnetic interference. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference and the possible effect on the microwave communications link of which is a level satisfactory to the Building Official.

[Amended 1-12-2004]

I. Airspace. A WECS shall be located or installed in compliance with the regulations of the airport approach zones and Federal Aviation Regulations for clearance around VOR and DVOR stations.

J. Interconnect. A WECS, if connected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company. In any case, the interconnect shall include a manual disconnect which complies with the National Electric Code.

K. Codes. Construction, design and installation of a WECS shall comply with all local, state and national electrical codes in effect at the time of installation.

L. Liability. No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Council a policy of liability insurance indemnifying applicant from liability for personal injury or property damage in the sum of at least $1,000,000. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least 30 days' written notice to the City before cancellation thereof, the building permit to be automatically revoked upon the lapse or termination of said policy.

[Amended 1-12-2004]