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ORDINANCE 09 - <br />CITY OF ELK RIVER <br />AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br />SECTIONS 30-1 "DEFINITIONS" AND ADDING SECTION 30-804 WIND <br />TURBINES" OF THE ELK RIVER CITY CODE OF ORDINANCES <br />The City Council of the City of Elk River does hereby ordain as follows: <br />to be removed <br />Underlines to be added <br />Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of <br />Ordinances shall be amended to add the following: <br />Wind Turbine. Means a machine that converts the kinetic energy in the wind into a <br />usable form. <br />Section 2. Section 30-804 of the City of Elk River Code of Ordinances, titled <br />Wind Turbines shall be added to include the following: <br />(a) Locationr• Wind Turbines may be permitted where identified as a conditional or accessory <br />use herein. <br />(b) Required Application; exemptions <br />Kequired. No Wind Turbine or support tower of any kind shall be erected anywhere <br />within the city without first making application for and obtaining from the City approvals <br />required by the Code. Wind turbines less than 22 ft. or 10 feet above an existing structure <br />shall be exempt from the provisions of this Section. <br />(c) Manufacturer's documentation and engineer's certification. Prior to the issuance of a building <br />permit, the applicant shall provide to the city documentation or other evidence from the <br />dealer or manufacturer that the Wind Turbine has been successfully operated in atmospheric <br />conditions and is warranted against any systems failures under reasonably expected severe <br />weather operating conditions as established by the Department of Building Safety. The <br />applicant shall also provide to the city documentation that the tower structure for the system <br />has received a professional engineer's certification. <br />(d) Design <br />(1) Noise. All Wind Turbines shall comply with the state pollution control agency's <br />noise pollution control section (NPC 1 and NPC 2), as amended. <br />(2) FCC regulations. All Wind Turbines shall comply with all applicable Federal <br />Communications Commission regulations, as amended. <br />(3) FAA regulations. All Wind Turbines shall comply with all applicable Federal <br />Aviation Administration regulations, as amended. <br />s:\planning main\case files\oa\oa 09-04 wind turbines\draft ordinance2.doc <br />