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HomeMy WebLinkAbout0238 ~ ORDINANCE N0. 238 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, BEING THE ZONING ORDINANCE DF THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN: Section 1. Ordinance No. 167 is hereby amended by adding Section 23, Wind Energy Conversion Systems (WECS) as follows: SECTION 23. WIND ENERGY CONVERSION SYSTEMS (WECS) 23.1 Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of WECS shall be governed within the City of Lakeville. 23.2 Application. Wind conversion systems may be allowed as a conditional use within any zoning district of the City, subject to the regulations and requirements of this section, provided the property upon which the system is to be located is zoned agricultural, commercial or industrial or is constructed and maintained on any parcel of at least 2z acres in size. 23.3 Declaration of Conditions. The Planning Commission may recommend and the City Council may impose such con- ditions on the granting of WECS conditional use permit as may be necessary to carry out the purpose and pro- visions of this section. 23.4 Site Plan Drawing. All applications for a WECS condi- tional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information: 1) Lot lines and dimensions. 2) Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and. proposed structures and guy wire anchors. 3) Location and height of all adjacent buildings, struc- tures, above ground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 4) Existing and proposed setbacks of all structures located on the property in question. 5) Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots. 23.5 Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and foot- ings shall be provided along with engineering data and calculations to demonstrate compliance with the struc- tural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a Registered Engineer. 23.6 Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City of Lakeville. 23.7 Manufacturer Warranty. Applicant shall provide documen- tation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmos- pheric conditions similar to the conditions within Lake- ville. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions. 23.8 Design Standards. 1) Height. The permitted maximum height of a WECS shall be determined in one of two ways. In deter- mining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor. a) A ratio of one (1) foot to one (1) foot between the distance of the closest property line to the base of the WECS to the height of the system. b) A maximum system height of 175 feet. The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA Regulation Part 77 "Objects Affecting Navigable Air Space" and/or MnDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruc- tion to Air Navigation". -2- 2) Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. WECS towers shall be setback from the closest property line one (1) foot for every one (1) foot of system height. WECS shall not be located within thirty (30) feet of an above ground utility line. 3) Rotor Size. All WECS rotors shall not have rotor diameters greater than 26 feet. 4) Rotor Clearance. Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius. 5) Rotor Safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater). 6) Lightening Protection. Each WECS shall be grounded to protect against natural lightening strikes in conformance with the National Electrical Code as adopted by the City of Lakeville. 7) Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: a) Tower climbing apparatus shall not be located within twelve (12) feet of the ground. b) A locked anticlimb device shall be installed on the tower. c) Tower capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. 8) Signs. WECS shall have one (1) sign, not to exceed two (2) square feet posted at the base of the tower and said sign shall contain the following information. a) Warning high voltage. b) Manufacturer's name. c) Emergency phone number. d) Emergency shutdown procedures. -3- , • 9) Lighting. WECS shall not have affixed or attached any lights, reflectors, flashers or any other il- lumination, except for illumination devices required by FAA regulations Part 77 "Objects Affecting Navi- gable Air Space" and FAA Advisory Circular 70/7460-1F, September 1978 "Obstruction Marking and Lighting". 10) Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and tele- vision interference. 11) Noise Emissions. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1&'2, as amended. 12) Utility Company Interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City of Lakeville. 23.9 Ornamental Wind Devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Section and shall conform to other applicable pro- visions of this Ordinance. 23.10 Inspection. The City of Lakeville hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 23.11 Abandonment. Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Section 2. Section 2, Subdivision lOSA shall be added to the Lakeville Zoning Ordinance to read as follows: lOS.A Wind Energy Conversion System (WECS). Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill). -4- Section 3. Section 11.3 (5) (n) shall be added to the Lakeville Zoning Ordinance to read as follows: (n) Wind energy conversion system towers as regulated by Section 23 of this Ordinance. Section 4. Effective Date. This Ordinance amendment shall be effective following its passage and publication. Adopted this 16th day of January ~ lg 84, CITY OF LAKEVILLE BY~~LC,AiN-ems Duane Zaun, or ATTES f~ ~ Patrick McOarvey, Cit~ Jerk -5- PUBLIC NOTICE ORDINANCE NO. 238 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN: Section 1. Ordinance No. 167 is hereby amended by adding Section 23, Wind Energy Conversion Systems (WECS) as follows: SECTION 23. WIND ENERGY CONVER- SION SYSTEMS (WECS) 23.1 Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of WECS shall be governed within the City of Lakeville. 23.2 Application. Wind conversion systems may be allowed as a conditional use within any zoning district of the City, subject to the regulations and requirements of this sec- tion, provided the property upon which the system is to be located is zoned agricultural, commercial or industrial or is constructed and maintained on any parcel of at least 242 acres in size. 23.3 Declaration of Conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of WECS conditional use permit as may be necessary to carry out the purpose and provisions of this section. 23.4 Sit. Plan Drawing. All applications for a WECS conditional use permit shall be ac- companied by a detailed site plan drawn to scale and dimensioned, displaying the following information: 11) Males italaaiar, Noises emanating from the operation of WECS shall be in com- pliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1&2, as amended. 12) Utility Company Interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City of Lakeville. 23.9 Ornamental Wind Device. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Section and shall conform to other applicable provi- sions of this Ordinance. 23.10 Inspection. The City of Lakeville hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational con- dition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 23.11 Abandonment. Any WECS or tower which is not used for six (6) successive mon- ths shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Section 2. Section 2, Subdivision 105A shall be added to the Lakeville Zoning Ordinance to read as follows: 105.A Wind Energy Conversion System (WECS). Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill). Section 3. Section 11.3 (5) (n) shall be added to the Lakeville Zoning Ordinance to read as follows: (n) Wind energy conversion system towers as regulated by Section 23 of this Or- dinance. Section 4. Effective Date. This Ordinance amendment shall be effective following its passage and publication. Adopted this 16th day of January, 1984. City of Lakeville BY DUANE ZAUN Mayor ATTEST: PATRICK McGARVEY City Clerk 91 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says theft she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the reauirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once eaclx,zeeak.-for suc eeks; it was first published on Thursday, the \ day of e.oc. `'- 19 , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 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: abcdefghi iklm nopgrstuvwxyz BY: TITLE: Secretory to t� Subscribed and sworn to before me n thi uhlis day of "-_ C -b J� , 19 C A-CLV4A.,(4 Notary Public /. w, CAROL J. HAVERLAND &t NOTARY PUELIC - MINNESOTA DAKOTA COUNTY My Commission Expires Doc. 3, 1089 09u