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HomeMy WebLinkAboutOrdinance 38-2010 Ordinance No. 38-10 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning Ordinance, shall be amended as follows: Section I. Article IV. District Regulations Division I. Generally Section 94-136 Industrial I-I Light District (e) Conditional Uses 5. SWECS Section 94-162 Industrial 1-2 Heavy District (e) Conditional Uses 18. SWECS Section 2. Article V. Conditional Uses Division 3. Standards Sec. 94-307 Wind Energy Conversion Systems (SWECS), Small: Small wind energy conversion systems shall comply with Section 94-367 Section 3. Section 94-367 Small Wind Energy Conversion System (SWECS) The purpose of this section is to permit the use of SWECS, as an accessory use only, in certain districts by establishing regulations pertaining to their location, construction and operation while protecting the public's health, safety and welfare and maintaining the aesthetic integrity of the community. Any WECS that exceeds the parameters defined for a SWECS is prohibited within the City of Brookings A. Definitions. The following definitions shall apply: Rotor Diameter— The diameter of the circle described by the moving rotor blades Shadow Flicker - A pulsating or intermittent light effect created when sunlight is interrupted at regular intervals by the spinning rotor blades of a wind turbine SWECS—A structure or device consisting of a wind turbine, tower, base and associated controls or electronics. A SWECS is characterized by having a total height of 125 feet or less, a swept area of 2,000 square feet or less and a peak performance of 100 Kw or less. SWECS Tower Height—The height of the tower, exclusive of the rotor blades SWECS Height, Total —The distance measured from the tower base at grade level to a blade tip positioned at its highest point Swept Area—The area, in square feet, of the circle created by the moving rotor blades Wind Turbine —A machine consisting of a generator, blades and tail that converts wind energy into kinetic energy for mechanical or electrical use. B. Conditional Use Permit required. An application for a conditional use permit to erect a SWECS shall be accompanied by a site plan, drawn to scale, showing the following information: I. The legal description of the property 2. The scale of the plan and north arrow 3. The proposed location of the SWECS tower from all property lines and any overhead utility lines. 4. The design and total height of the SWECS depicted as an elevation view 5. The location, height, and use of all existing buildings on the site and on abutting parcels that are closer than 4 times the total SWECS height. 6. The location of all rights-of-way C. Permit Required. An application for a building permit is required prior to the construction of any SWECS. The following data shall be required before a permit is issued: 1. Compliance with applicable local, state and federal building, electric and safety codes. 2. The manufacturer's assurance that, once the SWECS is operational, it will not produce electromagnetic interference that would disrupt transmissions from radio, television or microwave towers. 3. The manufacturer's statement stating that the system has been successfully and safely operated in atmospheric conditions similar to those in the City of Brookings D. Design Characteristics. The following design characteristics shall be part of any SWECS installed in the City of Brookings. I. Towers shall be a monopole design only 2. The SWECS shall be off-white, light gray, or other similar neutral color and shall be non-reflective 3. No lighting shall be permitted except when required by a more restrictive regulation 4. The lowest point of any rotor tip shall not be less than 30 feet above the ground or less than 30 feet from any structure or tree. 5. Electrical controls, control wiring, and power lines shall be wireless or underground 6. Towers shall not have any climbing apparatus within 12 feet of the ground except when a 6 foot high fence with a locking gate is installed around the perimeter of the tower base. 7. SWECS shall have a mechanical braking system that serves as a shutdown mechanism 8. SWECS shall have a turbine governing system that includes blade pitching, tilting or furling. 9. SWECS shall not produce audible sound levels in excess of 60 dBA when measured at the property line of any property that contains an occupied building 10. SWECS shall have appropriate lightning protection for discharging electric energy to the ground E. Additional Requirements I. Signs are prohibited on any portion of a SWECs except for warning information related to the maximum power output, nominal voltage and maximum current, and emergency shutdown procedures. 2. The commercial sale of power is prohibited. However, power may be transmitted to an electric grid of an electric utility company through an approved interconnection 3. Any SWECS found to be unsafe by the City shall be repaired by the landowner to meet all federal, state and local safety standards or removed within six (6) months. If any SWECS is not operational for a period of twelve (12) consecutive months or more, the city shall request, by certified mail, a response within 45 days from the landowner stating the reasons for the operational difficulty and a reasonable timetable for corrective action. If the City deems the timetable unreasonable, the landowner will be notified that the SWECS shall be removed at the expense of the landowner within 120 days of receipt of the notice. 4. A shadow flicker model shall be submitted demonstrating that shadow flicker will not fall on or in any adjacent occupied building or right-of-way. F. Setbacks. I. A minimum setback of 1.5 times the total SWECS height shall be maintained between the SWECS and any structure intended for human occupation. 2. A minimum setback of 1.1 times the total SWECS height shall be maintained between the SWECS and any property line, overhead utility line or pole or other tower structure. Section 4. Any or all ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2010 Second Reading: December 14, 2010 Published: December 17, 2010 CITY OF B OOKINGS V12.1d. Tim Reed, Mayor sc 4 0 . y w�. s f 12 C,< -u/\ • a {;i `nes, City Clerk