4. SPSR 09-09-2009~•
ORDINANCE 09 - -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION _ OF THE ELK RIVER CITY CODE OF ORDINANCES
The Ciry Council of the City of Elk River does hereby ordain as follows:
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Underlines to be added
Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following:
Wind Turbine. Means a machine that converts the kinetic energy in the wind into a
usable form.
Section 2. Section 30-804 of the City of Elk River Code of Ordinances, titled
Wind Turbines shall be added to include the following:
(a) Locations: Wind Turbines may be permitted where identified as a conditional or
accessory use herein.
(b) Required Application; exemptions
Kequiyed. No Wind Turbine or support tower of any kind shall be erected anywhere
within the city without first making application for and. obtaining from the City approvals
required by the Code. Wind turbines less than 22 ft. or 10 feet above an existing structure
shall be expemt from the provisions of this Section.
(c) .Manufacturer's documentation and engineer's certification. Prior to the issuance of a building
permit, the applicant shall provide to the city documentation or other evidence from the
dealer or manufacturer that the Wind Turbine has been successfully operated in
atmospheric conditions and is warranted against any systems failures under reasonably
expected severe weather operating conditions as established by the Department of Building
Safety. The applicant shall also provide to the city documentation that the tower structure
for the system has received a professional engineer's certification.
(d) Design
(1) Noise. All Wind Turbines shall comply with the state pollution control
agency's noise pollution control section (NPC 1 and NPC 2), as amended.
(2) FCC regulations. All Wind Turbines shall comply with all applicable Federal
Communications Commission regulations, as amended.
(3) FAA regulations. All Wind Turbines shall comply with all applicable Federal
Aviation Administration regulations, as amended.
(4) Shall be equipped with over speed or similar controls designed to prevent
disintegration of the rotor in high winds
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(5) Color: The Wind Turbine and pole shall be a neutral color such as white or light
gray. Other colors may be allowed at the discretion of the City Council. The surface shall be
nonreflective.
(6) Lighting: No lights shall be installed on the tower, unless required to meet FAA
regulations.
(e~ Setback
In industrial zones towers shall be set back 30 feet from the front property line, 25 feet
from the side property line and 20 feet from the rear property line. In all other zones and
from any property line abutting a residential use, towers and accessory structures shall meet
setback requirements equal to the height of the tower from all property lines.
~ Height
Permitted Conditional
Use Use
R-1 a
Lots less than 10 acres
Lots greater than 10
acres
I-1
I-2
A-1
Up to 250
feet
Up to 60 feet
(fl Number:
No more than one Wind Turbine may be placed on any lot.
General Requirements
Up to 250 feet
Up to 250 feet
Up to 250 feet
Up to 250 feet
Up to 250 feet
(1) Signage: No signage or advertising of any kind shall be permitted on the tower or
any associated structures.
(2) Climbing Apparatus: All climbing apparatus shall be located at least twelve feet
(12') above the ground, and the tower must be designed to prevent climbing within the first
twelve feet (12').
(3) Wind Access Easements: The enactment of this section does not constitute the
granting of an easement by the city. The owner/operator shall be responsible for acquiring
any covenants, easements, or similar documentation to assure sufficient wind to operate the
Wind Turbine.
(4) Abandoned towers: If the Wind Turbine has not operated for a period of 6
successive months, or fails to meet the conditions of this ordinance, the City Council may
order it dismantled and the site restored to its original condition.
(h) Utility connection.
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(1) Utility Notification: No Wind Turbine shall be installed until evidence has been
given that the utility company has been informed of the customer's intent to install an
interconnected customer owned generator.
(2) Interconnection: The Wind Turbine, if interconnected to a utility system, shall
meet the requirements for interconnection and operation as set forth by the utility.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this day of
20_
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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