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HomeMy WebLinkAbout2009-09-09 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING ZONING COMMISSION Work Session Reminder Immediately Following The MEETING September 9, 2009 Amendment to Kenai Municipal Code Wind Energy Systems Proposed Ordinance the ALASKA 14.20.235 Wind Turbines (a) Planning Zoning Commission Ordinance Recommendations August 26, 2009 CITY OF KENAI ORDINANCE NO. -2008 Suggested by: Administration AN ORDINANCE OF THE CITY OF KENAI ENACTING KMC 14.20.235 ESTABLISHING A PROCESS, RULES AND STANDARDS FOR THE CONSTRUCTION AND OPERATION OF ACCESSORY WIND ENERGY SYSTEMS WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the use of accessory wind energy systems is increasing; and, WHEREAS, the use of accessory wind energy systems is not sufficiently addressed in the Kenai Zoning Code; and, WHEREAS, the intent of this ordinance is to establish a process, rules and standards for the construction and operation of accessory wind energy systems used primarily for on -site power consumption WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact an ordinance regulation the installation, use and operation of accessory wind energy systems (wind turbines) NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered KMC 14.20.235 which shall read as follows: Definitions: (1) Accessory Wind Energy System: A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on -site consumption. The system consists of a wind turbine and associated controls and may include a tower. (2) Hub Height: The distance measured from ground level to the center of the turbine hub. (3) Total Height: The distance measured from ground level to the blade Extended at its highest point. (4) Wind Turbine: a device which converts the kinetic energy of the wind into a useable form of energy. (b) Where allowed: (1) Accessory wind energy systems shah be considered an allowed secondary use on lots that are a minimum of 20,000 square feet. (2) Any deviation from the required standards of this ordinance may be approved through the issuance of a conditional use permit. (c) Performance Standards and Design Requirements. (1) The requirements of this ordinance shall apply to all accessory wind energy systems proposed after the effective date of this ordinance. (2) All accessory wind energy systems shall conform to the applicable uniform codes contained in Title 4 of the Kenai Municipal Code and the industry standards adopted by the American Wind Energy Association (AWEA). (3) In the RR, RR -1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts no more than one system is permitted per parcel. (4) In. the CG, ED, R, IL, and C Districts no more than two systems are permitted per parcel. (5) The permitted height shall be that measured from preexisting natural grade to the center of the turbine hub for horizontal and vertical systems. The hub height limitation for accessory wind energy systems for secondary use or allowed by conditional use are as follows: (A) In the RR, RR -1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts hub height is limited to sixty -five (65) feet but the total height of the system cannot exceed eighty (80) feet. (B In the RR, RR -1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts hula-heights roof systems may extend above the roof a maximum of twenty (20) feet. but total height of the structure and system cannot exceed forty seven ('17) feet. (C) In the CG, ED, R, IL and C Districts accessory wind energy systems with total height not exceeding 150 feet may be permitted; total height exceeding 150 feet requires a conditional use permit. (D) In the IH District accessory wind energy system with total height not exceeding 300 feet may be peg iiiitted; total height exceeding 300 feet requires a conditional use permit. (E) Total height limitation near the Kenai Municipal Airport. Regardless of zone, accessory wind energy systems in aircraft- approach zones and within eight thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No conditional use may be granted that deviates from this requirement. (6) Minimum blade ground clearance in all zones is ten feet (10'). (7) Setback requirements: (A) Setbacks are determined by the Development Requirements Table. (B) chall be 100% of the total height of the accessory wind energy cystem No part of the wind system structure, including guy wire anchors, may extend into the minimum setback area of the underlying zoning district or into any access or utility easements. (8) The following types of accessory wind energy systems are allowed as a secondary use or by conditional use are as follows: (A) In the RR, RR -1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts monopole and vertical access systems are allowed. (B) In the RR, RR -1, RS, RS1, RS2, RU, CC, LC, CMU, and TSH Districts roof mounted systems are allowed with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (C) In the CG, ED, R, IL, IH, and C Districts monopole, guyed, lattice, vertical access, and roof systems are allowed. a. Guyed and lattice towers must be secured in a fenced area with a minimum of a 6 -foot high fence to prevent unauthorized access. (9) All portions of the energy system shall be a non- reflective, non obtrusive color, subject to the approval of the City Planner. The appearance of the turbines, towers and any other related components shall be maintained throughout the life of the accessory wind energy system pursuant to AWEA standards. (10) Systems shall not be used for displaying of advertising. (11) Systems shall not be illuminated unless required by a state or federal agency. (12) The electrical collection system shall be placed underground with the interior of each parcel. The connection system may be placed overhead near substations or points of interconnection to the electric grid. All grid connected systems shall have a completed contractual agreement with the local utility prior to the issuance of a building permit. (13) Accessory wind energy systems shall be designed, installed, and operated so that noise generated by the system shall not exceed fifty decibels (50 dB), as measured from the nearest property line, except during short term events including utility outages and severe wind storms. (14) Building permits shall be obtained for any accessory wind energy system prior to installation. Building permit applications must include foundation plans designed for the installation location of the wind energy system by an engineer licensed in the State of Alaska for the inutallation location of the wind energy system. (d) Maintenance. Accessory wind energy systems shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained in accordance with manufacturers recommendation and any other applicable publications. (e) Obsolescence and Removal. If the accessory wind energy system remains nonfunctional or inoperative for a continuous period of 180 days, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at the owner's expense after a demolition permit has been obtained. Removal applies to the entire system including foundations to below natural grade, and transmission equipment.