ORD 09-09t
CITY OF ELK RIVER
i .,.
A ,
The City Council of the City of lk River does hereby ordain as follows, 0
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
Mind Turbines may be permitted where identified as a conditional or accessory use herein
(b) Required. Approvals; exemptions
Required. No Wind Turbine or support structure of any bind shall be erected anywhere
within the city without first 1- naldng application for and obtaining- from the City approvals
� y a pp
required by the Code. wind turbines less than 22 feet in height of attached to and no more
than 10 feet above an existing structure shall be exempt frorn 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 nian.ufacturer that the Mind 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 } Nois e
All Mind 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 Mind "Turbines shall comply with all applicable Federal Communications
Commission regulations, as arnended.
CADocumeilts and S aiti pAtallarc \Local Settii�I;ATemporary Internet r,iles\0LKF\Wind Turbines.doc
(3) FAA regulations
All Wind Turbines shall comply with all applicable Federal Aviation
Administration regulations, as atnended.
(4) Safety
Shall be equipped with over speed or similar controls designed to prevent
disintegration of the rotor in high winds
(5) Color
The Mind Turbine and support structure 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 non-- reflective.
(b) 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
Height shall be measured from grade to the highest point of the blade, at full extension.
Permitted Use Conditional U
R -1 (a,b,e,d)
Lots less than 10 acres, but
greater than 3 acres Up to 60 feet Up to 250 feet
Lots greater than 10 acres Up to 250 feet
1 -1 Up to 250 feet
1 -2 Up to 250 feet
A -1 Up to 250 feet
(g) Number
No more than one Mind Turbine may be placed on any lot,
(h) General requirements
�1} Signage
No signage or advertising of any bind shall be permitted on the tower- or any
associated structures.
(2) Climbing apparatus
All climbing apparatus shall be located at least twelve (12) feet above the
ground, and the tower insist be designed to prevent cffinbing within the first
twelve feet,
CADocuments and Settings \Millard \Local Settings \`l'emporary Internet Files \OLKri \wind Turbines.doc
(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 siT�ilar 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.
(i) Utility connection
�1 Utility Notification
No Wind Turbine shall be installed until evidence has been given that the
utility company has been infort-ned.
(2) Interconnection
The Mind Turbine, if interconnected to a utility system, shall facet the
requirements for interconnection and operation as set forth by the utility.
Section 3, That this ordinance shall tame effect upon publication as provided b y law.
Passed and adopted by the City Councd of the City of Ells River this I9t1, day of
October, 2009.
S tephaf'' e Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
C: \Documents and Settings \tallard\ .local SettingsWemporary Internet Fi1es \0LKF \Wind Turbines.doc
ORDINANCE 09 - 09
CITY OF ELK RIVER
AN ORDINANCE OF VIE
crft op ELK arm
AMEND114G
SECTIONS 30.1
"DEFINITIONS" AND
ADDING SECTION 30.804
"WIND TURBINES" ONE THE
ELK RIVER CITY CODE OF
ORDINANCES
The City Council ok44&City of
Elk River does hereby ordain as
follows:
Section 1. Section' 30 -1 titled,
Definitions,-of the City of Elk
River Code of Ordinances shall
be amended to add the follow-
ing: Wind Turbine. Means a
machine that converts the
kinetic energy in the wind into
a usable form.
Section 2. Section 30 -504 of the
City of Elk River Code of Ordi-
nances, titled Wind Turbines
shall be added to include the
— Fallowing.''
I1 Locations: Wind Turbines
-ay be permitted where identi-
fied as a conditional'or acces-
sory use herein.
(b) Required Approvals;
exemptions: Required. No Wind
Turbine or support structure,of
any kind, shalt be erected any-
where within the city without
first making application for and
obtaining from the City
approvals required by the Code.
Wind turbines less than 22 feet
in height or attached to and no
more Chan _10 feet above an
existing structure shall be
exempt from the provisions of
this Section. _
( ) Manufacturer's documen-
ta)iM- and;engineer's certifica-
tion
Prior to the issuance of a
building permit, the applicant
shall provide to the city docu-
mentation or other evidence
from the dealer or manufac-
turer that the Wind Turbine
has been successfully operated
in atmospheric conditions and
is warranted against any sys-
tems failures under reasonably
expected severe weather oper-
ating conditions as established
by the Department, of Building
Safety. The applicant shall also
provide to the city documenta-
tion that the tower structure
for the system has received a
professional engineer's certifi-
cation.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all ofthe requirements constitutingqualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed Ordinance, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Saturday, the 24th day of October, 2009, and was therefore printed and published on
every Saturday to and including Saturday, the 24th day of October, 2009, and printed below
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice
abcdefghij klmnopgrstuvwxya
Office Manager
Subscribed and sworn to before me on
this 24th day of October, 2009
RATE INFORMATION
(1) Lowest classified rate paid by $ 21.00
commercial users for comparable space (line, word or inch rate)
(2) Maximum rate allowed by law for the
above matter
(3) Rate actually charged for the above
matter
1,951,272
$ 15.50
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
(d) Design
(1) Noise: All Wind Turbines
shall comply with the state
pollution control agency's no se
pollution control section (NPC
1 and NPC 2), as amended.
(2) FCC 'regulations: All Wind
Turbines shall comply with all
applicable Federal Communi-
cations Commission
regulations, as amended.
(3) FAA regulations: All Wind
Turbines shall comply with all
applicable Federal Aviation
Administration regulations, as
amended.
(4) Safety: Shall be equipped
with over speed. or similar
controls. designed to prevent
'isintegration of the rotor in
.gh winds
(51 Color: The Wind Turbine
and support structure shall be
a neutral color such as white or
Tight gray. Other colors may be
allowed at the discretion of the
City Council. The surface shall
be non - reflective.
(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,
(f) Height: Height shall be
easuked from grade to the
ghest point of the blade, at
lu ertenaion.
(Zone, Permitted Use,
Conditional Use):'
R- 1(a;b,c,d), Lots less'than 10
acres. but greater than 3 acres,
Up to 60 feet, Up to 250 feet;
Lots greater than 10 acres, Up
to 250 feet, -;
I -1, -, Up to 250 feet;
I -2, Up to 250 feet;
A -1, -, Up to 250 feet.
(g) Number: No more than one "
Wiad Turbine may be A an
x
(1) signege: No.Siin*g* er,
advertising of any kind shall he
pen witted an tile, tower or any
structut�.
(2) Climbing apparatus: All
climbing apparatus shall be
located at least twelve (12) feet
above the ground, and the
tower must be designed to
prevent climbing withiiNJ�&
first twelve feet.
(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. -
(i) Utility.connection:
(1) Utility Notification: No
Wind Turbine shall be installed
until evidence has been given
that the utility company has
been informed.
(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
hall take effect upon
publication as provided by law.
Passed and adopted by the
City Council of the City of Elk
'River this 19th day of October,
2009.
Stephanie E inzing,
ATTEST: Mayor
Tina Allard,
City Clerk
. (024)