2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:53 [EST] (Supp. No. 36) Page 174 of 198 (11) All wind-powered generators shall be kept in a condition of good repair at all times. (12) If at any time the equipment produces an unusual amount of noise or vibration not commonly associated with the normal operation of the equipment, the generator shall be turned off until such time as repairs are made. (13) At the time of approval of a wind-powered generator, the city may require the owner to submit a right- of-entry agreement, allowing the city the right to enter the property in order to turn off any malfunctioning equipment via the manual shut-off device that is required to be installed by subsection (e)(2) of this section. (f) The tower, generators, and all appurtenances thereto shall be maintained by the property owner in a safe and structurally sound condition at all times. The tower, generators, and all appurtenances thereto shall be adequately insured by the property owner for injury and property damage that may be caused by collapse or other catastrophic failure. Liability insurance in an amount not less than $500,000.00 shall be maintained by the property owner at all times. (g) Interface of a wind-powered generator with the consumer's electrical service shall be made pursuant to the state electrical code and such other federal and state law as may apply. (h) Interface of a wind-powered generator with an electrical distribution system shall be made only with the knowledge and approval of the electric utility. (i) The owner/operator shall submit a decommissioning plan for the wind-powered generator to ensure that the owner/operator properly removes the equipment and facilities upon the end of the project life, abandonment, expiration, or termination of the permit. If the wind-powered generator remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained within 120 days after notice has been given. Removal includes the entire structure including the tower, generator, and all other components, and the restoration of soil and vegetation. The owner/operator shall provide a current-day decommissioning cost estimate, and shall post financial security in a form acceptable by the city. This estimate must include an inflationary escalator, in an amount determined by the city, which will allow the city to remove the wind-power generator from the property after the 90-day period has elapsed. (j) The property owner shall remove the tower, generator, and all other components, from the property within 120 days after the system is no longer used for the generation of electrical power. (Prior Code, § 1195-720.1, § 90-271) Sec. 90-268. Commercial and industrial construction standards. (a) It shall be unlawful for any person to construct any commercial or industrial building in the city except in conformance with the following standards: (1) Exteriors for all buildings, principal and accessory, shall be architecturally enhanced concrete panel, architecturally enhanced masonry block, masonry with block, masonry with exterior insulation and finish system (EIFS), brick, dressed stoned or glass. Colors shall be neutral or earth tones, except, to create a decorative effect, 20 percent of the building facade (excluding window and door areas for the computation) may be decorated with glazed tile, glass, plastic or metal panels, or wood of various colors. (2) All roof- and ground-mounted mechanical equipment shall be completely enclosed with building materials compatible with the principal structure and painted to blend in unobtrusively with their background.