HomeMy WebLinkAboutFINAL ORDINANCE NO. 81-31STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 3131
AN ORDINANCE REGULATING WIND GENERATORS.
The Lake Elmo City Council ordains that sections 1105.01
through 1105.06 and their subdivisions are hereby added to the Lake
Elmo Municipal Code to read as follows:
WIND GENERATORS
1105.01 Intent. Wind Generators offer an alternative method of
providing electrical power. it is the intent of the City of Lake
Elmo to regulate such facilities in order to protect the safety and
welfare of residents of the City of Lake Elmo and in order to
prevent Wind Generators from becoming a nuisance.
1105.02 Definition. A Wind Generator is a machine which generates
Power from the wind and is extended from a horizontal shaft.
1105.03 Location. Wind Generators are permitted in the RR (Rural
Residential) and in the AG (Agricultural) Districts upon issuance
of a Wind Generator Permit.
1105.04 ARR iCatj9R. Applicants for a Wind Generator Permit shall
complete application forms as provided by the City Administrator.
The application shall include the following:
A. A report from a professional engineer describing the
Proposed Wind Generator and certifying the safety of such
device.
H. A site plan of the applicant's property drawn to a scale
of 1 inch equals 10o feet and illustrating the location
of the Wind Generator and all other buildings or
structures located within 300 feet of the base of the
Wind Generator.
C. A statement indicating that the proposed Wind Generator
is in compliance with all applicable regulations of the
Federal Aviation Agency where appropriate.
1105.05 Application Review: The completed application shall be forwarded to the
Building Inspector for review and recommendation. Within thirty (30) days of the
receipt of the completed application, the City Administrator shall schedule a public
hearing before the City Council to review the application. The public hearing shall be
preceded by ten (10) days mailed notice to all residents within 350 feet of the perimeter
of the applicant's property. Wind Generator Permits shall be issued subject to the
following conditions:
A. The minimum lot size requirement shall be 40 acres. The site must also be large
enough to contain within its boundaries any debris resulting form tower failure and/or
falling ice.
B. The Wind Generator structure shall not exceed 125 feet in height.
C. The Wind Generator and guy wires shall have a minimum setback of 150 feet from
any property line.
D. Fencing may be required if the structure posed a safety hazard to residents.
E. Accessory buildings and guy wires must meet the setback requirements for the
underlying zoning district.
F. No lighting is allowed on the Wind Generator.
G. Wind Generators are prohibited in the Lake Elmo Airport Safety Zones.
H. There shall be at least 1000 feet between Wind Generators.
I. If the applicant's property is subdivided into parcels of less than 40 acres, the Wind
Generator shall be removed at the applicant's expense as a condition of the subdivision
approval.
J. Wind Generator Permits are not transferable. Upon sale of the property, purchaser
must apply for a new Wind Generator Permit or remove the Wind Generator from the
property.
K. Inoperable Wind Generators shall be made operable within 30 days at the owner's
expense.
1105.06 Duration and Review: Wind Generator Permits shall expire upon sale or
subdivision of the property as provided above but shall be reviewed annually. Wind
Generator Permits may be revoked by an affirmative vote of three Council Members for
non compliance with the conditions of the Permit.
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Effective Date. This ordinance shall be effective the day
following its publication.
Ado tion Date. Passed by, he city council of the City of Lake Elmo
The /ncl day of Apri 1996.
Wyn Jb I y -
ATTEST:
Mary Kueffner, City Administrator
Publication Date. This-.3dinance or an approved Summary thereof
was published on the 1- of S wee 1996
b/ord/LEORD,23
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