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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 127 SECTION 24. WIND ENERGY CONVERSION SYSTEMS 1. Purpose. The purpose of this Ordinance is to establish standards and procedures by which the installation and operation of residential wind energy conversion systems (WECS) shall be governed within the city. 2. Zoning Allowance. A Residential WECS may be installed as an accessory use in all zoning districts, provided that the system complies with all terms and conditions of this Ordinance. 3. License Required. A Residential WECS with a blade diameter under 6 feet and installed so that the total extended height does not exceed 10 feet over the tallest structure on a property shall not require a City license. For all other WECS, a lice nse must be obtained from the City of Gem Lake prior to installation of the system. The City Council shall designate a member of City staff as the officer responsible for accepting and reviewing applications for Residential WECS licenses. The City Council shall establish fees by separate resolution for review of an initial application and for renewal applications. 1. Initial Application. Any person wishing to install a Residential WECS requiring a license shall complete an application on a form provided by the City, pay the required application fee, and submit the application fee, and attach the following additional materials: 1. A site plan, drawn to scale, depicting the location of all WECS components on the property; the locations of property boundaries; the location of all structures and above-ground utilities located on the property, and the location of any public rights-of-way or utility easements on the property. The plan shall also indicate the height of the tallest structure, tree or object lying within 30 feet from the base of the tower. 2. Documentation that a current insurance policy extends coverage to the proposed Residential WECS, whether under existing property insurance or a separate policy. 3. A copy of the WECS manufacturer’s documentation stating rated generation capacity, standards certifications (such as Underwriters’ Laboratories certification) for each WECS component, installation instructions, standard drawings or schematics for the equip ment, warranties, manufacturer’s warnings, and emergency procedures. 2. Renewal Application. A person with a licensed WECS previously installed upon their property shall submit a renewal application on a form provided by the City, pay the required application fee, and provide the following: 1. A revised site plan and elevations reflecting the current location and height of trees, structures and utilities on the property in which the tower is located; and 2. If any of the documents required by Section 24.3.1.1 or .2 have been replaced by new documents or revised, current copies of those documents. 3. Review of Applications. The officer designated by the City Council shall review the license applications and attached supporting material for compliance with the regulations set forth in this Ordinance. If the reviewing officer believes the proposed or existing WECS complies, the officer shall issue the license. 4. Term of license. A Residential WECS license shall remain in effect for five (5) years following issuance, unless the City Council shall earlier revoke the license for failure to comply with the terms of this Ordinance. 5. Revocation. If the City learns of a violation of this Ordinance, it shall provide a notice to the property owner of the alleged violation and the date and time of a hearing before the City Council to consider the violation. The City Council shall hold a hearing, at which it will receive evidence of the violation and take testimony from any interested parties, including the property owner. Following the hearing, if the Council determines that the WECS is in violation of the standards in this Ordinance, it may revoke the WECS license immediately, give the owner a reasonable period of time in which to correct the violation without revocation, or choose to take no action on the WECS license. If a WECS license is revoked, the WECS and tower must be dismantled and removed from the property within 90 days of revocation. 4. Code Compliance. WECS installation is not exempt from the State Building Code and similar safety codes, and all permits required for the construction and/or installation of WECS components must be obtained from the City’s Building Official prior to commencing work to install the WECS. 1. Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering