11.74 - Wind Energy Conversion Systems§ 11.74
Section 11.74: Wind Energy Conversion Systems
Subdivision 1. Purpose
The purpose of this ordinance is to allow for and regulate the location, placement,
design, and maintenance of wind energy conversion systems, which are not
otherwise subject to siting and oversight by the State of Minnesota, to ensure such
facilities are appropriately located and are used in a safe and effective manner.
Subdivision 2. Definitions
A. Height: The height of a freestanding wind energy conversion system shall be
measured as the distance from ground level to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including without limitation the rotor blade at its highest point in rotation.
The height of a building mounted wind energy conversion system shall be
measured as the distance from the point where the base of the system is
attached to the building or to the lowest point on the wind energy conversion
system, whichever is closer to the ground, to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including, without limitation, the rotor blade at its highest point in rotation.
B. Monopole: A freestanding, self-supporting tower which uses a single pole,
does not use a lattice design, and has no guyed wires.
C. Wind Energy Conversion System: Any electrical generating facility that
converts wind energy to electrical energy, such as a windmill or wind turbine,
and associated and accessory facilities including without limitation the
support structure of the system .
Subdivision 3. Conditional Uses
A. Mounted wind energy conversion systems shall be allowed by a Conditional
Use Permit in all zoning districts except in the Single Family Zoning District
(R-1), Moderate Density Residential Zoning District (R-2), Medium Density
Residential Zoning District (R-3), High Density Residential Zoning District
(R-4), and Shoreland Overlay Districts, subject to administrative review and
approval by the City Manager or his/her designee, so long as they meet the
following requirements:
1. Mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height from the base to the top of the rotor blade in all zoning
districts.
2. No mounted wind energy conversion system shall be established on a
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§ 11.74
zoning lot less than one (1) acre in area. A maximum of one (1) mounted
wind energy conversion system per acre of lot area shall be allowed.
3. On buildings less than three (3) stories and thirty two (32) feet in height,
mounted wind energy conversion systems shall be setback at least ten
(10) feet from the front, side, and rear walls of the structure upon which
the wind energy conversion system would be mounted.
4. Mounted wind energy conversion systems shall be placed no lower than
the primary roof line.
5. The base of the mounted wind energy conversion system shall maintain a
minimum distance from any overhead utility to twice the height of the
mounted wind energy conversion system.
6. The structure upon which the wind energy conversion system is mounted
shall have the structural integrity to carry the weight and wind loads of
the wind energy conversion system and have minimal vibration impacts
on the structure. The Building Official shall make a determination as to
whether a structural engineer report is necessary.
7. A building permit shall be obtained before a mounted wind energy
conversion system is placed on a structure.
B. Freestanding wind energy conversion systems shall be allowed by a
Conditional Use Permit in all zoning districts except in the Single Family
Zoning District (R-1), Moderate Density Residential Zoning District (R-2),
Medium Density Residential Zoning District (R-3), High Density Residential
Zoning District (R-4), and Shoreland Overlay Districts, subject to
administrative review and approval by the City Manager or his/her designee,
so long as they meet the following requirements:
1. The height of freestanding wind energy conversion systems shall be no
more than sixty (60) feet on lots between one (1) and five (5) acres and
shall be no more than one hundred twenty (120) feet on lots of more than
five (5) acres in area.
2. No freestanding wind energy conversion system shall be established on a
lot less than one (1) acre in area. A maximum of one (1) freestanding
wind energy conversion system per acre of lot area shall be allowed.
3. The minimum clearance between the ground and the vertical length of
any extensions such as the rotor blades shall be fifteen (15) feet.
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§ 11.74
4. The base of the wind energy conversion system shall maintain a minimum
distance from any overhead utility lines equal to twice the height of the
wind energy conversion system.
5. The base of the wind energy conversion system shall maintain a minimum
distance from the nearest residential structure equal to at least five
hundred (500) feet.
6. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground.
7. All sites shall be reasonably secured. The bottom of the wind energy
conversion system, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing. If fencing is used, it must be decorative and landscaping shall
be used to soften its impact.
Subdivision 4. Submittal Requirements
The planning director, shall have up to sixty (60) working days following the
submittal of a complete application to approve or deny such application. The
planning director may impose such conditions and require such guarantees deemed
reasonable and necessary to protect the public interest and to ensure compliance
with the standards and purposes of this zoning code and policies of the
comprehensive plan.
A. The applicant shall submit the following:
1. A completed application for a Conditional Use Permit in accordance with
Section 11.80 of the City Code.
2. A site plan showing the placement of the wind energy conversion system
and its associated facilities and accessories, the location of property lines,
location and height of structures, above-ground utilities, location and
height of significant tress, set backs, easements and rights-of-way, and
interconnection points with the grid.
3. A scaled drawing showing the dimensions of the system including the type
of wind energy conversion system and the name plate generating
capacity.
4. Documentation from the local utility showing that the wind energy
conversion system is compliant with regulations related to utility
connections if the system is to be connected to utility lines.
Subdivision 5. Design and Performance Standards
Design and performance standards are hereby established to meet the objectives of
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§ 11.74
the City and the purposes and other provisions of this Chapter. The standards apply
to both mounted and freestanding wind energy conversion systems.
A. Compatibility with nearby properties. Wind energy conversion systems shall
utilize building materials, colors, and textures that are neutral and
compatible with the existing principal structure. Rotor blades shall be non-
metallic to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material. Unpainted,
galvanized metal or similar towers shall be prohibited.
B. Compliance. All systems shall be designed, constructed, and operated in
compliance with all applicable federal, state, and local laws, codes,
standards, and ordinances, as well as adhere to the requirements of local
utilities if connected to utility lines.
C. Controls and brakes. All systems shall contain an internal governor or
braking device which engages at excessive wind speeds, determined by the
manufacturer, to minimize the potential for wind damage to the equipment.
D. Encroachments and setbacks.
1. Wind energy conversion systems shall comply with the minimum yard
requirements of the district in which they are located.
2. Wind energy conversion systems shall comply with applicable regulations
as established by the Federal Aviation Administration and Minnesota
Pollution Control Agency.
3. The base of the wind energy conversion shall maintain a minimum
distance from public right-of-way equal to the vertical height of the
system plus ten (10) feet.
E. Interference. The wind energy conversion system shall be designed to not
cause electrical, radio frequency, television, and other communication signal
interference.
F. Lighting. Wind energy conversion systems shall not be illuminated by
artificial means, except where the illumination is specifically required by the
Federal Aviation Administration or other federal, state, or local regulations.
G. Maximum capacity. Wind energy conversion systems shall have a rated
capacity of not more than one hundred (100) kilowatts.
H. Maintenance required. All wind energy conversion systems shall be kept in
good repair and free from rust, damaged supports, framework, or other
components.
I. Noise. Wind energy conversion systems shall comply with the standards
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§ 11.74
governing noise of the Minnesota Pollution Control Agency.
J. Safety. Wind energy conversion systems shall be designed and operated to
reduce the impact of ice buildup on extensions and ice throw from those
extensions.
K. Signage. Advertising or identification of any kind on wind energy conversion
systems shall be prohibited, except for applicable warning and equipment
information signage required by the manufacturer or by federal, state or local
regulations.
L. Tower type. Towers shall be of a monopole design.
Subdivision 6. Abandoned, unused, or inoperable wind energy
conversion systems
All abandoned, unused, or inoperable wind energy conversion systems shall be
removed within six (6) months of the cessation of normal operations and the
property must be restored to its original condition or to an improved condition
unless an extension is approved by the City Manager or his/her designee. If an
extension is not approved, such wind energy conversion system shall be deemed a
nuisance, and the City may act to abate such nuisance and require its removal and
the restoration of the site at the property owner's expense.
Source: Ordinance No. 442, 2nd Series
Effective Date: 07-30-10
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