CITY OF HOMER

                                                             HOMER, ALASKA                                                            

City Manager/City Planner

                                                          ORDINANCE 09-34(A)

                                                                              

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.03.040 TO ADD DEFINITIONS REGARDING SMALL WIND ENERGY SYSTEMS AND TO AMEND THE DEFINITION OF PUBLIC UTILITY FACILITY OR STRUCTURE; AMENDING HOMER CITY CODE 21.05.030 TO EXCLUDE WIND ENERGY SYSTEMS IN THE MEASUREMENT OF BUILDING HEIGHT; AMENDING HOMER CITY CODE 21.12.020, 21.14.020, 21.16.020, 21.18.020,  21.24.020, 21.26.020, 21.28.020, 21.30.020 AND 21.40.05 TO ADD SMALL WIND ENERGY SYSTEMS AS A PERMITTED ACCESSORY USE IN THE RURAL RESIDENTIAL, URBAN RESIDENTIAL, RESIDENTIAL OFFICE, CENTRAL BUSINESS DISTRICT, TOWN CENTER DISTRICT, GATEWAY BUSINESS DISTRICT, GENERAL COMMERCIAL ONE, GENERAL COMMERCIAL TWO, MARINE COMMERCIAL, MARINE INDUSTRIAL AND BRIDGE CREEK WATERSHED PROTECTION ZONING DISTRICTS; AMENDING HOMER CITY CODE 21.12.030, 21.14.030, 21.16.030, 21.18.030, 21.20.030 AND 21.22.030 TO ADD SMALL WIND ENERGY SYSTEMS WITH A RATED CAPACITY EXCEEDING 10 KILOWATTS AS A CONDITIONAL USE IN THE RURAL RESIDENTIAL, URBAN RESIDENTIAL, RESIDENTIAL OFFICE, CENTRAL BUSINESS DISTRICT, TOWN CENTER DISTRICT, AND GATEWAY BUSINESS DISTRICT ZONING DISTRICTS; ENACTING HOMER CITY CODE CHAPTER 21.58 TO ESTABLISH STANDARDS FOR SMALL WIND ENERGY SYSTEMS; AND ENACTING HOMER CITY CODE 21.61.070 REGARDING THE EFFECT OF SMALL WIND ENERGY SYSTEMS ON NONCONFORMING USES AND STRUCTURES.

 


WHEREAS, The City of Homer Planning and Zoning Office has noted an increase in community interest in the installation of wind energy systems; and

 

WHEREAS, The Homer City Code currently lacks a definition of or standards for wind energy systems; and

 

WHEREAS, The Climate Action Plan encourages renewable energy to reduce fossil fuel use and carbon emissions.

 

            NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

Section 1.  Homer City Code 21.03.040, Definitions used in zoning code, is hereby amended by adding the following definitions:

 

Small Wind Energy System” means a wind energy system having a rated capacity of less than 25 kilowatts and a total height less than 170 feet, whose primary function is to provide electric power for onsite consumption.

 

Wind Energy System” means a wind turbine and its supporting wind energy system tower.

 

Wind Energy System Tower means a fixed vertical structure that supports a wind turbine, including a monopole or lattice tower, plus its accompanying base plates, anchors, guy cables and hardware.

 

“Wind Turbine” means a bladed or other type of rotating mechanism that converts wind energy into electric energy.

 

            Section 2.  The definition of “public utility facility or structure” in Homer City Code 21.03.040, Definitions used in zoning code, is amended to read as follows:

 

“Public utility facility or structure,” for the purpose of requiring a conditional use permit, means (i) any facility or structure owned and operated by a public or private utility, or (ii) a telecommunications tower or antenna, but it excludes water distribution mains, pressure stations and hydrants, sewage collection lines, manholes and lift stations, underground and overhead electrical, cable and telephone lines and poles, street lights and small wind energy systems. 

 

Section 3.  Subsection (b) of Homer City Code 21.05.030, Measuring heights, is amended to read as follows:

 

b.         When measuring height of a building, the following are excluded from the measurement:  steeples, spires, belfries, cupolas and domes if not used for human occupancy, chimneys, ventilators, weather vanes, skylights, water tanks, bulkheads, monuments, flagpoles, wind energy systems, television and radio antennae, other similar features, and necessary mechanical appurtenances usually carried above roof level.

Section 4.  Homer City Code 21.12.020, Permitted uses and structures, is amended by adding a subsection (r) to read as follows:

 

r.          As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts.

 

Section 5.  Homer City Code 21.12.030, Conditional uses and structures, is amended by adding a subsection (r) to read as follows:

 

r.          One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 6.  Homer City Code 21.14.020, Permitted uses and structures, is amended by adding a subsection (p) to read as follows:

 

p.         As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts.

 

Section 7.  Homer City Code 21.14.030, Conditional uses and structures, is amended by adding a subsection (o) to read as follows:

 

o.         One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 8.  Homer City Code 21.16.020, Permitted uses and structures, is amended by adding a subsection (r) to read as follows:

 

r.          As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts.

 

Section 9.  Homer City Code 21.16.030, Conditional uses and structures, is amended by adding a subsection (k) to read as follows:

 

k.         One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 10.  Homer City Code 21.18.020, Permitted uses and structures, is amended by adding a subsection (hh) to read as follows:

 

hh.       As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts.

 

Section 11.  Homer City Code 21.18.030, Conditional uses and structures, is amended by re-lettering subsection (n) as subsection (o) and adding a subsection (n) to read as follows:

 

n.         One small wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 13.  Homer City Code 21.20.030, Conditional uses and structures, is amended by adding a subsection (l) to read as follows:

 

l.          One wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 15.  Homer City Code 21.22.030, Conditional uses and structures, is amended by re-lettering subsection (b) as subsection (c) and adding a subsection (b) to read as follows:

 

b.         One wind energy system having a rated capacity exceeding 10 kilowatts, provided that it is the only wind energy system of any capacity on the lot.

 

Section 16.  Homer City Code 21.24.020, Permitted uses and structures, is amended by adding a subsection (kk) to read as follows:

 

kk.       As an accessory use, one small wind energy system per lot.

 

Section 17.  Homer City Code 21.26.020, Permitted uses and structures, is amended by adding a subsection (x) to read as follows:

 

x.         As an accessory use, one small wind energy system per lot.

 

Section 18.  Homer City Code 21.28.020, Permitted uses and structures, is amended by adding a subsection (i) to read as follows:

 

i.          As an accessory use, one small wind energy system per lot.

 

Section 19.  Homer City Code 21.30.020, Permitted uses and structures, is amended by adding a subsection (m) to read as follows:

 

m.        As an accessory use, one small wind energy system per lot.

 

Section 20.  Homer City Code 21.40.050, Permitted uses and structures, is amended by adding a subsection (q) to read as follows:

 

q.         As an accessory use, one small wind energy system per lot having a rated capacity not exceeding 10 kilowatts.

 

Section 21.  Homer City Code Chapter 21.58, Small Wind Energy Systems, is enacted to read as follows:

 

 

CHAPTER 21.58

 

SMALL WIND ENERGY SYSTEMS

 

21.58.010        Purpose and Application

21.58.020        Installation requirements

21.58.030        Operating standards

 

21.58.010 Purpose and Application. The purpose of this chapter is to establish minimum health and safety standards for small wind energy systems.  It applies to small wind energy systems in all districts where they are allowed as permitted or conditional uses.

 

21.58.020 Installation requirements. a.  The wind turbine of a small wind energy system may be mounted on a building or a wind energy system tower.

b.         The surfaces of all components of small wind energy system components that are visible when the small wind energy system is in operation shall be painted a non-reflective, neutral color.

c.          A zoning permit application for a small wind energy system shall include the following information:

1.         A level one site plan that shows the location of the small wind energy system.

2.         Specifications for the small wind energy system including manufacturer make and model, an illustration or picture of the turbine unit, maximum rated power output, blade diameter, total height, tower color and if proposed, the location of ladders and/or climbing pegs.

3.         Tower foundation blueprints or drawings.

4.         Noise decibel data prepared by the wind turbine manufacturer or qualified engineer indicating noise decibel level at the property line nearest to the location of the small wind energy system.

5.         Evidence of compliance with, or exemption from, Federal Aviation Administration requirements.

6.         Evidence that the small wind energy system complies with current Underwriters Laboratories standards for local utility connections.

d.         Dimensional Requirements

1.         A small wind energy system may be installed only on a lot having an area not less than one acre.

2.         The distance from a small wind energy system to the closest property line may not be less than 1.1 times its total height.

3.         All guy wires, cables and other accessory support structures for a small wind energy system must be on the same lot as the small wind energy system, but may be located within required setback areas, and shall be properly jacketed to ensure visible safety standards.

 

21.58.030 Operation standards.  a. Electrical standards.

1.                  A small wind energy system shall comply with the National Electric Code.

2.                  All electric transmission wires connected to a small wind energy system must be underground, or within the building on which the small wind energy system is mounted.

3.                  A small wind energy system shall not interfere with television, microwave, navigational or radio reception.

b.         Noise and vibration from a small wind energy system shall not exceed the levels permitted in HCC 21.59.010(b) and (c), except during short term events such as utility outages and severe wind storms.

c.         Tower Safety

1.         The lowest part of a climbing apparatus that provides access to a wind turbine shall be at least 12 feet above the ground, and the wind energy system tower or building on which the wind turbine is mounted shall have no handholds or footholds below the climbing apparatus.

2.         The lowest point through which a wind turbine blade rotates must be at least 20 feet above the ground.

d.         Lighting.  Except for switch type lighting, no artificial lighting shall be mounted on a small wind energy system, and a small wind energy system shall not be illuminated with artificial lighting, except when required by the Federal Aviation Administration and approved by conditional use permit.

e.         Signs.  No sign, flag or pennant may be attached to a small wind energy system except for the following:

1.         A sign identifying the manufacturer or installer of the small wind energy system.

2.         Signs warning of dangers associated with the small wind energy system.

f.          No person may operate a small wind energy system that the City Engineer has found to be unsafe or not in compliance with applicable law until the unsafe condition or noncompliance has been corrected.  If corrective action is not taken within six months after notice of the City Engineer’s finding, the small wind energy system shall be removed.

g.         The city may abate as a nuisance under HCC 21.90.070 a small wind energy system that is not operational for a period of at least 12 consecutive months.

 

Section 22.  Homer City Code 21.61.010, Small wind energy systems, is enacted to read as follows:

 

            21.61.070 Small wind energy systems.  The installation of a small wind energy system that complies with all applicable laws at the time of its installation does not enlarge, increase or expand a nonconforming use or structure.

 

Section 23.  This ordinance shall take effect upon its adoption by the Homer City Council.

 

Section 24.   This Ordinance is of a permanent and general character and shall be included in the City Code.

 

            ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2009.

 

                                                                                    CITY OF HOMER

 

 

                                                                                    _____________________________

                                                                                    JAMES C. HORNADAY, MAYOR

 

ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

Reviewed and approved as to form:

 

 

________________________                                    ____________________________

Walt Wrede, City Manager                                         Thomas F. Klinkner, City Attorney

 

 

Date: ___________________                                                Date: _______________________