HOMER,
ALASKA
City Manager/City Planner
ORDINANCE
09-34(A)
AN ORDINANCE OF THE
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
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
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
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,
CITY
OF
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO
JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Public
Hearing:
Second
Effective
Date:
Reviewed and approved as to form:
________________________ ____________________________
Walt Wrede, City Manager Thomas F. Klinkner, City
Attorney
Date: ___________________ Date: _______________________