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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 Golden Valley City Code Page 1 of 5 § 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. Go/den Valley City Code Page 2 of 5 § 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 Golden Valley City Code Page 3 of 5 § 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 Golden Valley City Code Page 4 of 5 § 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 Golden Valley City Code Page 5 of 5