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Section 11.01: Zoning Ordinance <br />Subdivision 9.4 Utility and Communication Uses <br />4. Criteria for Approval. <br />a. Declaration of Conditions. The Planning Commission may recommend and the City <br />Council may impose such conditions on the granting of a WECS conditional use <br />permit as may be necessary to carry out the purpose and provisions of this <br />Subdivision. The Council most consider the following criteria in determining whether <br />to grant or deny a conditional use permit for a Wind Energy Conversion System <br />(WECS): <br />(1) The proposed WECS compliance with the performance standards described in <br />this Subpart; <br />(2) The potential for the WECS to cause a condition that may pose an unreasonable <br />threat or cause unreasonable damage to any other property or person; and <br />(3) The proposed WECS impact on the environment and on (lie visual image of the <br />surrounding area. <br />5. Performance Standards. <br />a. Number of System . No more than one (1) wind energy conversion system (WECS) <br />shall be permitted per lot. <br />b. Capacity. A wind energy conversion system <br />shall have a nameplate capacity of forty (40) <br />kilowatts or less. <br />c. Height. The permitted maximum height of a <br />wu <br />WECS shall be determined in one of the ------ <br />following <br />-- --following two ways. In determining the height <br />of the WECS, the total height of the system shall <br />be measured from the base of the tower to the <br />center of the systems hub (also known as the hub <br />height). <br />(1) A ratio of one foot to one foot (1':1') <br />between the distance of the closest property <br />line to the base of the WECS to the height of <br />the system. <br />(2) A maximum system height of one hundred <br />twenty —five (125) feet. The City Council, <br />at its discretion, may waive the maximum <br />system height requirements provided the <br />City Council finds that the overall height is <br />not feasible for the WECS to function <br />properly in the proposed location based on <br />meteorological data that was taken. M°' <br />The shortest height of the two above mentioned methods shall be used in determining <br />the maximum allowable height of a WECS system. The height of a WECS must also <br />comply with FAA regulations part 77 'Objects Affecling Navigable Air Space' and / <br />or MNDOT Rule 14, MCAR 1.3015 (Minnesota Administrative Rule 8800.1200 <br />'Criteria for Determining Obstruction to Air Navigation ). <br />d. Setbacks. WECS shall beset back a distance equal to its height from the following: <br />Chapter 11: Planning and Development 9t <br />