No person shall erect or use within the city a wind energy conversion system (WECS) without first obtaining a permit from the city to do so or in violation of any of the provisions of this article.

(Ord. 536, Sec. 1)

Wind energy conversion system (WECS) means any device or combination of devices, including but not limited to wind charges, windmills and wind turbines, which converts wind energy into another usable form of energy; the term shall include all associated support structures and transmission lines.

(Ord. 536, Sec. 1)

Any application for a special use permit pursuant to this article shall include the following:

(a)   A site plan accurately depicting the location of the proposed WECS in relation to all buildings and utility lines on or within 200 feet of the proposed site including distances from the proposed site, including distances from the proposed WECS to all such buildings, utility lines and site boundaries.

(b)   A list of all property owners within 200 feet of the boundaries of the site upon which the WECS is proposed to be installed.

(c)   An engineering drawing of the WECS accurately depicting its design and dimensions, including the support tower and any associated fences, guy wires or other supports.

(d)   Certificate from the Rocky Flats Plant Energy Systems Group, Golden, Colorado, that it has tested the proposed WECS, together with resulting data pertaining to the operation, safety, noise and potential interference with television, radio or communication receipt, by the proposed WECS.

(e)   Certification by a licensed professional structural engineer that:

(1)   The technical and dimensional data included in the application is accurate;

(2)   That the proposed WECS is structurally adequate to withstand foreseeable natural phenomena;

(3)   That the lower and top adapter will withstand minimum horizontal thrusts of 900 pounds, and;

(4)   That it in all respects conforms to the requirements set forth in this article.

(Ord. 536, Sec. 1)

No WECS shall be erected or used that the minimum distance between the base of any support tower and the nearest boundary of the site does not comply with the following tables.

                    Rotor                                    Minimum

                 Diameter                                   Setback

                   in Feet                                      in Feet

                      5                                             100

                    10                                             165

                    15                                             220

                    20                                             270

                    25                                             310

                    30                                             340

                    35                                             365

                    40                                             385

Minimum setback for any WECS with an intermediate rotor diameter shall be determined by interpolating from this table. No WECS shall be located in any required front or side yard.

No WECS shall be located closer to the boundary line of the site than the height of the proposed tower and no tower shall exceed 45 feet in height.

(Ord. 536, Sec.1)

No WECS shall be erected nearer to an existing WECS than a distance equal to five times the diameter of the larger rotor; provided, that this distance may be reduced upon a showing that such reduction will not adversely affect the operation of either WECS.

(Ord. 536, Sec.1)

Maintenance on any WECS shall be performed in accordance with the manufacturer’s recommendations. Rotor blades shall be checked for fatigue annually by a licensed professional structural engineer, who shall certify the results of such inspection to the city building official within 10 days thereafter.

(Ord. 536, Sec. 1)

So as to minimize unauthorized access, every WECS support tower shall be surrounded by a fence six feet in height, with a locking gate, which gate shall be kept locked at all times when not actually in use. Further, no such tower shall be equipped with any climbing apparatus less than 12 feet above grade.

(Ord. 536, Sec.1)

Any WECS which is interconnected with a public utility system shall at all times meet such utility’s then-current requirements for interconnection and operation.

(Ord. 536, Sec.1)

Prior to construction of any WECS, and annually thereafter, the owner shall furnish to the city building official a certificate evidencing insurance against any loss or injury to persons or property resulting from installation or operation of such WECS.

(Ord. 536, Sec. 1)

No WECS shall be erected or used that does not comply with the above requirements or thereafter that becomes inoperable or fails to conform to the requirements hereof and is not repaired within 30 days shall be removed within 30 days thereafter.

(Ord. 536, Sec. 1)

Special permits granted hereunder shall be valid only so long as the applicable provisions of this article are complied with, and such special permits may be revoked by the governing body at any time without notice in the event of noncompliance with any of the provisions.

(Ord. 536, Sec. 2)

Special permits granted hereunder may provide that the use for which the permit is granted shall be commenced within a certain specified time and/or that the permit shall expire and the use terminate at a certain specified date.

(Ord. 536, Sec. 3)