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~• <br />ORDINANCE 09 - - <br />CITY OF ELK RIVER <br />AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br />SECTION _ OF THE ELK RIVER CITY CODE OF ORDINANCES <br />The Ciry Council of the City of Elk River does hereby ordain as follows: <br />S~tl~,ei~hs. 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) Locations: Wind Turbines may be permitted where identified as a conditional or <br />accessory use herein. <br />(b) Required Application; exemptions <br />Kequiyed. 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 expemt 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 <br />atmospheric conditions and is warranted against any systems failures under reasonably <br />expected severe weather operating conditions as established by the Department of Building <br />Safety. The applicant shall also provide to the city documentation that the tower structure <br />for the system has received a professional engineer's certification. <br />(d) Design <br />(1) Noise. All Wind Turbines shall comply with the state pollution control <br />agency's 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 />(4) Shall be equipped with over speed or similar controls designed to prevent <br />disintegration of the rotor in high winds <br />s:\planning main\case files\oa\oa 09-04 wind turbines\draft ordinance.doc <br />