HomeMy WebLinkAboutOrdinance No. 2455-2009and,
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KENAI, ALASKA
CITY OF KENAI
ORDINANCE NO. 2455 -2009
Suggested by: Planning Zoning
AN ORDINANCE OF THE CITY OF KENAI ENACTING KMC 14.20.235 TO ESTABLISH
A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION
OF WIND ENERGY SYSTEMS (WIND TURBINES) AS PERMITTED SECONDARY USES
AND ACCESSORY STRUCTURES.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and,
WHEREAS, the use of wind energy systems is increasing; and,
WHEREAS, the use of wind energy systems is not addressed in the Kenai Zoning Code;
WHEREAS, the City recognizes that wind energy can be a low -cost, clean source of
energy and desires to allow as a secondary, use, wind energy systems where the
systems are used primarily for providing energy to support the primary use of the
property on which a system is located; and,
WHEREAS, the intent of this ordinance is to establish a process for locating and
constructing wind energy systems, along with standards for the construction and
operation of such systems, where the systems are secondary uses to established
principal uses on the parcel.
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:
14.20.235 Wind Turbines
(a) Definitions. For purposes of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning:
(1) "Wind Energy System" means a system designed as a secondary, accessory
use to existing principal uses and to existing buildings or facilities on a
parcel, wherein the power generated is used primarily for consumption on
the same parcel on which it is located. The system consists of a wind
turbine and associated controls and may include a tower.
(2) "Hub Height" means the distance measured from ground level to the center
of the wind turbine hub.
(3) "Total Height" means the distance measured from ground level to the
highest point of any blade of the turbine.
Ordinance No. 2455 -2009
Page 2 of 6
(4) "Wind Turbine" means a device which converts the kinetic energy of the
wind into a rotational energy transmitted through a drive train to a
generator and where the generated electricity can be connected directly to
the load or feed.
(b) Lot and Zoning Requirements.
(1) Wind energy systems shall be allowed as secondary uses on lots that are a
minimum of 20,000 square feet. Any deviation from the lot size restriction
may be approved through the issuance of a conditional use permit.
(2) The following types of wind energy systems are allowed as a secondary use
in the associated zoning districts:
(A) Monopole, roof, and vertical access systems in the RR, RR -1, RS, RS1,
RS2, RU, CC, LC, CMU, and TSH Districts. In these zoning districts,
no more than one wind energy system shall be permitted per parcel
unless the owner applies for and is granted a conditional use permit.
(B) Monopole, guyed, lattice, vertical access, and roof systems in the CG,
ED, R, IL, IH, and C Districts. In these zoning districts, no more than
two wind energy systems shall be permitted per parcel unless the
owner applies for and is granted a conditional use permit.
(c) Building Permit Application Requirements. Building permits shall be
obtained for any wind energy system prior to construction and installation of the
system. Building penult applications are reviewed under Title 4 of this Code. The
Planning Department shall review each permit application for compliance with the
requirements of this section. The applicant shall provide documentation that the wind
energy systems meet the design requirements of this section, or provide a conditional
use permit approved by the City, as part of a building permit application.
(d) Development and Design Requirements.
(1) The requirements of this ordinance shall apply to all wind energy systems
proposed after the effective date of this ordinance. Any deviation from the
design requirements of this ordinance may be approved through the
issuance of a conditional use permit.
(2) Building permit applications must include foundation plans designed for the
installation location of the wind energy system and be stamped by an
engineer licensed in the State of Alaska.
(3) All wind energy systems shall conform to the applicable uniform codes
contained in Title 4 of the Kenai Municipal Code.
Ordinance No. 2455 -2009
Page 3 of 6
(4) The turbine to be constructed as a component of the wind energy system
must be approved by the Small Wind Certification Program recognized by
the American Wind Energy Association (AWEA) or any another accredited
organization such as the Small Wind Certification Council, National Wind
Technology Certification Center, or the U.S. Department of Energy, National
Renewable Energy Laboratory or must be certified by a professional
mechanical engineer licensed in the State of Alaska as a system that meets
or exceeds industry safety standards for small wind energy systems.
(5) No wind energy system shall be installed until evidence has been given that
the electrical utility company has been informed of, and approved, the
customer's intent to install an interconnected customer -owned generator.
Off -grid systems are exempt from this requirement.
(6) The permitted height shall be measured from the preexisting natural grade
to the center of the turbine hub for horizontal and vertical systems. The
height limitation for 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
the total height of the system cannot exceed 80 feet.
(B) In the CG, ED, R, IL, and C Districts wind energy systems with total
height not exceeding 150 feet may be permitted; total height exceeding
150 feet requires a conditional use permit.
(C) In the IH District wind energy system with total height not exceeding
300 feet may be permitted; total height exceeding 300 feet requires a
conditional use permit.
(D) Total height limitation near the Kenai Municipal Airport. Regardless of
zone, 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.
(7) Minimum blade ground clearance in all zoning districts is fifteen feet (15').
(8) All portions of any wind energy system, including guy wires and other
anchors, shall comply with the setback standards for the principal use of
the subject parcel as shown on the Development Requirements Table. No
part of the wind energy system structure may extend into any access or
utility easements.
(9) All portions of the wind energy system shall be a non reflective, non
obtrusive color, subject to the approval of the City Planner. Typically,
towers supporting systems shall not be finished in bright or vivid colors.
The appearance of the turbines, towers, and any other related components
Ordinance No. 2455 -2009
Page 4 of 6
shall be maintained throughout the life of the wind energy system pursuant
to industry standards.
(10) No part of the wind energy system, including any supporting structures,
shall be used for advertising of any kind. Wind energy systems shall not be
artificially illuminated unless required by a state or federal agency.
(11) For roof mounted wind energy systems, the owner must provide the City
with certification from an engineer licensed in the State of Alaska that the
roof is built to accommodate the system.
(12) Wind energy systems shall not be climbable up to fifteen feet above the
ground surface unless the system is secured in a fenced area with a
minimum of a 6 -foot high fence. This requirement does not apply to roof
mounted wind energy systems.
(13) The electrical collection system shall be installed underground. The
electrical connection system may be placed overhead near substations or
points of interconnection to the electric grid.
(14) 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
five (5) feet above ground level at the closest property line to the system;
except, the sound level may be exceeded during short -term events including
utility outages and /or severe wind storms.
(e) Maintenance. Wind energy systems shall be erected and maintained plumb,
level, and true and shall be repaired, painted, and maintained in accordance with this
ordinance, any manufacturer's recommendations and instructions, and with industry
standards for small wind energy systems. The City Planner or their designee may
order the repair or removal of any wind energy system that is not maintained in
accordance with this section.
(f) Nuisances; Removal.
(1) Any wind energy system that is not operated on a functional basis for a
period of 180 consecutive days is hereby declared, unlawful, abandoned,
and a public nuisance. In addition to other remedies provided by this
Chapter, the nuisance may be restrained, enjoined, or otherwise abated by
the City.
(2) Demolition permits are required before a person removes a wind energy
system. The permit shall require the entire system be removed (foundations
to below natural grade, collection, connection, and transmission equipment)
at the owner's sole expense.
(g) Enforcement; Abatement.
Ordinance No. 2455 -2009
Page 5 of 6
(1) Failure to maintain a wind energy system is a violation of this Chapter and
subject to the penalties of KMC 14.20.260.
(2) The City may issue an enforcement order under KM 14.20.260 for the
repair or removal of any wind energy system that is not operated on a
functional basis for a period of 180 consecutive days or where the wind
energy system becomes an immediate hazard to the safety of person or
property due to emergency circumstances. Emergency circumstances
include natural or manmade disasters or accidents, or when the owner or
other person responsible for the system refuses to remedy a hazard.
(3)
Where the system presents no immediate hazard to health or safety, the
owner shall repair or remove the system within thirty (30) days of receipt of
notification of the enforcement order. Upon agreement in writing that the
owner will comply with an enforcement order to repair or remove the
system if allowed additional time, the City may grant an extension of time
within which to abate the public nuisance, if the City determines that such
an extension of time will not create or perpetuate a situation dangerous to
life or property. If the wind energy system is not operational or is not
removed after thirty (30) days from the date of notification of the
enforcement order, or after the time of any extension provided, the City may
remove the system at the owner's expense.
(4) Where the City identifies an immediate health or safety hazard, and when
the owner or other person responsible for the system is either not available
to immediately remedy the hazard or refuses to remedy the hazard, the City
may enter upon the property and disconnect, dismantle, or otherwise
remove any wind energy system. The City shall attempt to notify any owner
or other person responsible for the system of such action within forty -eight
(48) hours. For purposes of this section, notice is effective the earlier of
posting the notice on the property, personal delivery, or upon receipt, if
sent by certified mail.
(5) The costs and expenses incurred by the City in abatement of any health
and /or safety hazard or of any nuisance as defined in subsection (f) shall
be chargeable to the owner, and levied and collected as property taxes are
levied and collected and /or may be collected in a civil action by the City.
(6) A person aggrieved by an enforcement order may appeal that order under
KMC 14.20.290.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
November, 2009.
Ordinance No. 2455 -2009
Page 6 of 6
ATTEST:
Carol L. Freas, City Clerk
Introduced: October 21, 2009
Adopted: November 4, 2009
Effective: December 4, 2009
the c#11
KEN ALASKA
MEMO:
"VU/aye with a Past, Gc with a Future
'111'
1992
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
N TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration'
DATE: October 15, 2009
SUBJECT: Ordinance No. 2455 -2009 —Wind Energy Systems
This ordinance, if approved, establishes a process for the regulation wind energy systems (WES) in
the City. There are no existing regulations to guide development of WES except building codes and
development requirements for the zone, i.e. setbacks and height restrictions. With the existing
development requirements, WES would not be permitted in most residential zones because of the
height restriction of 35 feet. Variance permits are not an option because to grant a variance, the
Commission must find that the request meets the criteria listed in KMC 14.20.180 and WES would
not meet those criteria.
As citizens become increasingly aware of the benefits of energy savings both to their electrical bills
and the environment, there has been increased interest in WES. With anticipation of the increased
interest in these systems, the Commission began work sessions in June to discuss and draft an
amendment to regulate WES in the City. Eight work sessions were held between June and August.
The Commission worked diligently to draft an amendment that provides for the systems and also
would allow for Conditional Use Permits for systems that may not meet the criteria in the
amendment.
Public input was encouraged during the work sessions. Nada Daggett of Alaskan Wind Industries
provided valuable input and research during the process. Ms. Daggett has also assisted the City of
Homer and is in the process of assisting the City of Soldotna and Municipality of Anchorage as they
begin the process of designing regulations for WES.
This proposed amendment is the result of numerous hours of work by the Commission with the
assistance of the City Attorney and staff. We are confident that the proposed amendment provides
regulation for Wind Energy Systems while at the same time limiting the adverse affect of these
systems.
thec of
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ09 -46
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL TFIE ENACTMENT OF KMC
14.20.235 TO ESTABLISH A PROCESS AND STANDARDS FOR THE SITING,
CONSTRUCTION, AND OPERATION OF WIND ENERGY SYSTEMS (WIND TURBINES)
AS PERM TED SECONDARY USES AND ACCESSORY STRUCTURES.
WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and,
WHEREAS, the use of wind energy systems is increasing; and,
WHEREAS, the use of wind energy systems is not addressed in the Kenai Zoning Code;
and,
WHEREAS, the City recognizes that wind energy can be a low -cost, clean source of
energy and desires to allow as a secondary, use, wind energy systems where the
systems are used primarily for providing energy to support the primary use of the
property on which a system is located; and,
WHEREAS, the intent of this ordinance is to establish a process for locating and
constructing wind energy systems, along with standards for the construction and
operation of such systems, where the systems are secondary uses to established
principal uses on the parcel.
NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI,
ALASKA, amend the City of Kenai Code of Ordinances by adding a new section to be
numbered KMC 14.20.235 which shall read as follows:
14.20.235 Wind Turbines
(a) Definitions. For purposes of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning:
(1) "Wind Energy System" means a system designed as a secondary, accessory
use to existing principal uses and to existing buildings or facilities on a
parcel, wherein the power generated is used primarily for consumption on
the same parcel on which it is located. The system consists of a wind
turbine and associated controls and may include a tower.
(2) "Hub Height" means the distance measured from ground level to the center
of the wind turbine hub.
Resolution PZ09 -46
Page 2 of 5
(3) "Total Height" means the distance measured from ground level to the
highest point of any blade of the turbine.
(4) "Wind Turbine" means a device which converts the kinetic energy of the
wind into a rotational energy transmitted through a drivetrain to a generator
and where the generated electricity can be connected directly to the load or
feed.
(b) Lot and Zoning Requirements.
(1) Wind energy systems shall be allowed as secondary uses on lots that are a
minimum of 20,000 square feet. Any deviation from the lot size restriction
may be approved through the issuance of a conditional use permit.
(2) The following types of wind energy systems are allowed as a secondary use
in the associated zoning districts:
(A) Monopole, roof, and vertical access systems in the RR, RR -1, RS, RS1,
RS2, RU, CC, LC, CMU, and TSH Districts. In these zoning districts, no
more than one wind energy system shall be pei nitted per parcel unless
the owner applies for and is granted a conditional use permit.
(B) Monopole, guyed, lattice, vertical access, and roof systems in the CG,
ED, R, IL, 11 and C Districts. In these zoning districts, no more than
two wind energy systems shall be permitted per parcel unless the
owner applies for and is granted a conditional use permit.
(c) Building Permit Application Requirements. Building permits shall be
obtained for any wind energy system prior to construction and installation of the
system. Building permit applications are reviewed under Title 4 of this Code. The
Planning Department shall review each permit application for compliance with the
requirements of this section. The applicant shall provide documentation that the wind
energy systems meet the design requirements of this section, or provide a conditional
use permit approved by the City, as part of a building permit application.
(d) Development and Design Requirements.
(1) The requirements of this ordinance shall apply to all wind energy systems
proposed after the effective date of this ordinance. Any deviation from the
design requirements of this ordinance may be approved through the
issuance of a conditional use pei mit.
(2) Building permit applications must include foundation plans designed for the
installation location of the wind energy system and be stamped by an
engineer licensed in the State of Alaska.
Resolution PZ09 -46
Page 3 of 5
(3) All wind energy systems shall conform to the applicable unifoi ut codes
contained in Title 4 of the Kenai Municipal Code.
(4) The turbine to be constructed as a component of the wind energy system
must be approved by the Small Wind Certification Program recognized by
the American Wind Energy Association (AWEA) or any another accredited
organization such as the Small Wind Certification Council, National Wind
Technology Certification Center, or the U.S. Department of Energy, National
Renewable Energy Laboratory or must be certified by a professional
mechanical engineer licensed in the State of Alaska as a system that meets
or exceeds industry safety standards for small wind energy systems.
(5) No wind energy system shall be installed until evidence has been given that
the electrical utility company has been informed of, and approved, the
customer's intent to install an interconnected customer -owned generator.
Off -grid systems are exempt from this requirement.
(6) The permitted height shall be measured from the preexisting natural grade
to the center of the turbine hub for horizontal and vertical systems. The
height limitation for wind energy systems for secondary use or allowed by
conditional use are as follows:
(A) In the RR, RR -1, RS, RS I, RS2, RU, CC, LC, CMU, and TSH Districts
the total height of the system cannot exceed 80 feet.
(8) In the CG, ED, R, IL, IH, and C Districts wind energy systems with total
height not exceeding 150 feet may be permitted; total height exceeding
150 feet requires a conditional use permit.
(C) In the IH District wind energy system with total height not exceeding
300 feet may be permitted; total height exceeding 300 feet requires a
conditional use permit.
(D) Total height limitation near the Kenai Municipal Airport. Regardless of
zone, 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.
(7) Minimum blade ground clearance in all zoning districts is fifteen feet (15').
(8) All portions of any wind energy system, including guy wires and other
anchors, shall comply with the setback standards for the principal use of
the subject parcel as shown on the Development Requirements Table. No
part of the wind energy system structure may extend into any access or
utility easements.
(9) All portions of the wind energy system shall be a non reflective, non
obtrusive color, subject to the approval of the City Planner. Typically,
towers supporting systems shall not be finished in bright or vivid colors. The
Resolution PZ09 -46
Page 4 of 5
appearance of the turbines, towers, and any other related components shall
be maintained throughout the life of the wind energy system pursuant to
industry standards.
(10) No part of the wind energy system, including any supporting structures,
shall be used for advertising of any kind. Wind energy systems shall not be
artificially illuminated unless required by a state or federal agency.
(11) For roof mounted wind energy systems, the owner must provide the City
with certification from an engineer licensed in the State of Alaska that the
roof is built to accommodate the system.
(12) Wind energy systems shall not be climbable up to fifteen feet above the
ground surface unless the system is secured in a fenced area with a
minimum of a 6 -foot high fence. This requirement does not apply to roof
mounted wind energy systems.
(13) The electrical collection system shall be installed underground. The
electrical connection system may be placed overhead near substations or
points of interconnection to the electric grid.
(14) 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
five (5) feet above ground level at the closest property line to the system;
except, the sound level may be exceeded during short-term events including
utility outages and /or severe wind storms.
(e) Maintenance. Wind energy systems shall be erected and maintained plumb,
level, and true and shall be repaired, painted, and maintained in accordance with this
ordinance, any manufacturer's recommendations and instructions, and with industry
standards for small wind energy systems. The City Planner or their designee may
order the repair or removal of any wind energy system that is not maintained in
accordance with this section.
(f) Nuisances; Removal.
(1) Any wind energy system that is not operated on a functional basis for a
period of 180 consecutive days is hereby declared, unlawful, abandoned,
and a public nuisance. In addition to other remedies provided by this
Chapter, the nuisance may be restrained, enjoined, or otherwise abated by
the City.
(2) Demolition permits are required before a person removes a wind energy
system. The permit shall require the entire system be removed (foundations
to below natural grade, collection, connection, and transmission equipment)
at the owner's sole expense.
(g) Enforcement; Abatement.
Resolution PZ09 -46
Page 5 of 5
(1) Failure to maintain a wind energy system is a violation of this Chapter and
subject to the penalties of KMC 14.20.260,
(2) The City may issue an enforcement order under KM 14.20.260 for the
repair or removal of any wind energy system that is not operated on a
functional basis for a period of 180 consecutive days or where the wind
energy system becomes an immediate hazard to the safety of person or
property due to emergency circumstances. Emergency circumstances
include natural or manmade disasters or accidents, or when the owner or
other person responsible for the system refuses to remedy a hazard.
(3) Where the system presents no immediate hazard to health or safety, the
owner shall repair or remove the system within thirty (30) days of receipt of
notification of the enforcement order. Upon agreement in writing that the
owner will comply with an enforcement order to repair or remove the
system if allowed additional time, the City may grant an extension of time
within which to abate the public nuisance, if City determines that such an
extension of time will not create or perpetuate a situation dangerous to life
or property. If the wind energy system is not operational or is not removed
after thirty (30) days from the date of notification of the enforcement order,
or after the time of any extension provided, the City may remove the system
at the owner's expense.
(4) Where the City identifies an immediate health or safety hazard, and when
the owner or other person responsible for the system is either not available
to immediately remedy the hazard or refuses to remedy the hazard, the City
may enter upon the property and disconnect, dismantle, or otherwise
remove any wind energy system. The City shall attempt to notify any owner
or other person responsible for the system of such action within forty-eight
(48) hours. For purposes of this section, notice is effective the earlier of
posting the notice on the property, personal delivery, or upon receipt, if
sent by certified mail.
(5) The costs and expenses incurred by the City in abatement of any health
and /or safety hazard or of any nuisance as defined in subsection (f) shall
be chargeable to the owner, and levied and collected as property taxes are
levied and collected and /or may be collected in a civil action by the City.
(6) A person aggrieved by an enforcement order may appeal that order under
KMC 14.20.290.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of October 2009. i
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