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HomeMy WebLinkAbout07975ORDINANCE NO. 7975 AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING GENERALLY TO ZONING AND SPECIFICALLY TO WIND TURBINES, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SFrTinN 1 Section 1, of Chapter 2, Title XVII of the Pueblo Municipal Code is hereby modified by the amendment of subsection (62) to read as follows: (62) Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards, poster panels, signs, towers antennas wind turbines and satellite dishes. SECTION 2. Section 1, of Chapter 2, Title XVII of the Pueblo Municipal Code is hereby modified by the amended of subsection (62.1) to read as follows: (62.1) Structure, Accessory means a subordinate structure located on the same lot as a principal building. The use of an accessory structure must be incidental and subordinate to the use of the principal building. Accessory structures include garages, carports, storage sheds, decks and similar structures,. but do not include wind turbines SECTION 3. Section 1, of Chapter 2, Title XVII of the Pueblo Municipal Code is hereby modified by the addition of the following new paragraph (63.02) to read as follows: (63.02) Wind turbine means a structure or device fitted with a set of revolving blades designed to move with or harness the power of the wind to generate electricity or mechanical energy, and can include pole or building- mounted turbines. The term wind turbine includes the tower on which it is built. SECTION 4. Section 7 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (b)(2)a. to read as follows: a. The construction or erection of any building or structure upon any lot; SECTION 5. Section 25 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: The height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except as otherwise provided in S -2 districts. Towers (antenna) and antennas are subject to the specific height limitations and other restrictions set forth in Sections 17 -4 -61 through 17 -4 -69 of this Title. Wind turbines are subject to specific height limitations and other restrictions set forth in Section 17 -4-72 of this Title. SECTION 6. Section 30 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby amended by the addition of the following new paragraph (d) to read as follows: (d) Alternative means of energy production, including solar panels and wind turbines, located upon individual lots or properties and used to produce power consumed, in whole or part, upon such lots or properties, shall not be considered public utilities or public utility installation for purposes of this Title. SECTION 7. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (1)c. by the addition of the following new paragraph (19) to read as follows: (19) Wind turbine SECTION 8. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (2)c. by the addition of the following new paragraph (8) to read as follows: (8) Wind turbine SFrTinN Q Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (11.1)c. by the addition of the following new paragraph (7) to read as follows: (8) Wind turbine SECTION 10. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (12)c. by the addition of the following new paragraph (8) to read as follows: (9) Wind turbine SECTION 11. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (12.4)c. by the addition of the following new paragraph (5) to read as follows: (5) Wind turbine SECTION 12. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (13)c. by the addition of the following new paragraph (12) to read as follows: (12) Wind turbine SECTION 13. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (14)c. by the addition of the following new paragraph (17.1) to read as follows: (17.1) Wind turbine SECTION 14. Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code is hereby modified by amending subsection (15)c. by the addition of the following new paragraph (7) to read as follows: (7) Wind turbine SECTION 15. Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the addition of the following new Article VII to read as follows: Article VII Wind Turbines Sec. 17 -4-70 Applicability; purpose and goals. (a) All new wind turbines, shall be subject to these requirements, except as provided below: (1) This Article shall not govern wind turbines, which are operated by franchised public utilities as defined in Section 17 -4-30. (2) This Article shall not govern ornamental windmills, which, together with their tower, are not more than eight (8) feet tall and with blades or vanes not exceeding two feet in length, which are intended for decorative purposes only. (b) The purpose of this Article is to establish guidelines for the locating of wind turbines. The goals of this Article are to: Protect residential areas and other land uses from potential adverse impacts of wind turbines; (2) Encourage the use of alternative energy generation methods; (3) Consider the public health and safety of wind turbines; and (4) Avoid potential damage to adjacent property and structures from wind turbine failure through standards and careful siting. Sec. 17 -4-71. Requirements for a special use permit. (a) Requirements; (1) Each wind turbine shall require individual consideration of a special use permit and therefore requires a separate application for each proposed wind turbine; (2) Applications for special use permits under this Section shall be subject to the procedures and requirements of Section 17 -5 -33; (3) Applications for special use permit shall demonstrate compliance with the Wind Turbine Performance Standards contained in Section 17 -4-72, prior to the acceptance of the special use permit application; however, the Zoning Board of Appeals may waive or modify the requirements of height limitations for industrial type wind turbines in the 1 -2 and 1 -3 Zone Districts; (4) In granting a special use permit, the Zoning Board of Appeals may impose reasonable conditions to the extent the Zoning Board of Appeals concludes such conditions are necessary to minimize any adverse aesthetic, noise, health and safety impacts on adjoining properties; and (5) In addition to any standards for consideration of a special use permit, the Zoning Board of Appeals shall consider the following factors in determining whether to approve the special use permit: a. Height of the proposed wind turbine; b. Proximity of the wind turbine to residential structures and residential district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Possible negative impacts on surrounding properties, including but not limited to noise, shadow flicker, low vibrations and the disruption of scenic views. which when maintained, protect important community values; f. Aesthetics of the wind turbine. includina but not limited to wind vanes, color, type, size and the visibility of the turbine; g. Design and maintenance of the wind turbine, with particular reference to braking mechanisms, maintenance requirements and life span of the turbine. (b) Information required. In addition to any standard information required for application for special use permit; applicants for a special use permit for a wind turbine shall submit the following information: (1) A scaled site plan clearly indicating the location, type and height of the proposed wind turbine, on -site land uses and zoning, and adjacent land uses and zoning; (2) Legal description of the lot; (3) A landscape plan in accordance with the requirements of Section 17 -4-7; (4) Manufacturers product information including specific model information, photos, rendering and/or elevations; and (5) Any other information deemed necessary by the Administrative Official to determine compliance; 17 -4-72. Wind Turbine Performance Standards (a) Aesthetics. All wind turbines shall meet the following requirements: (1) The tower structure shall be a monopole design without the use of guy wires; (2) Wood poles are not permitted; (3) The structure is designed and maintained in a manner that does not detract from the aesthetics of the surrounding area; and (4) The tower shall maintain a manufacturer's provided finish in a neutral color so as to reduce visual obtrusiveness. (b) Lot Size. The placement of wind turbines is not permitted on lots or parcels of less than' /2 acre in size. (c) Height. (1) Wind turbine shall not exceed a height of 42 feet as measured from the adjacent ground to the tip of the blade at its highest vertical point above the ground; (2) The Zoning Board of Appeals may waive the height limitations for industrial size wind turbines of greater than 42 feet in the 1 -2 and 1 -3 Zone Districts. (d) Setbacks. All wind turbines shall have setbacks, which are at least equal to the height of the windmill. (e) Placement on lot. All wind turbines must be placed behind the principal structure, if any. In the case of corner lots, the wind turbine may not be placed in front of the setback established by the principal structure, if any. If no principal structure exists, the wind turbine must meet both the required setback requirements applicable for a principal structure and the requirement of paragraph (d) above. (f) Parking and access. In addition to the requirements of Article IV, off- street parking requirements, the following parking spaces and access shall be required: (1) A minimum of one (1) off - street parking space shall be provided for the erection of the tower; (2) Parking for all buildings and support equipment shall be provided in accordance with Section 17 -4-43, off - street parking nonresidential; and (3) Access to the tower and off - street parking spaces shall be provided in accordance with Section 17 -4-43. off - street oarkina nonresidential. (g) Signs. No signs shall be allowed on the wind turbine, except for required or appropriate warning signs located not more than six (6) feet above ground level. (h) Buildings and Support Equipment. Buildings and support equipment associated with the tower shall be defined as accessory structures, and must comply with Section 17 -4-23. (i) Construction Standards and maintenance: (1) Wind turbines shall be structurally sound so as not to pose any health and/or safety threats; (2) All wind turbines must be constructed and maintained in a safe and secure condition and in compliance with this Article. the International Building Code (IBC) as adopted in Title 4, Chapter 2 of this Code and all other applicable building codes; (3) Preventative maintenance must be performed at regular intervals, as determined by the wind turbine manufacturer, to prevent failure; (4) Any wind turbine, which is determined to be non - operational or unsafe, must be removed within 30 days. SECTION 16. It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance or of the amendments to the Pueblo Municipal Code adopted herein. Any person found guilty of a violation of this Ordinance or of the amendments to the Pueblo Municipal Code adopted herein shall be punished as provided in Section 17 -7 -3 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended, or available under general law, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. SECTION 17. This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED: February 9, 2009 BY: Randy Thurston Councilperson WWI PRESI@ENTuf City Council C PASSED AND APPROVED: February 23, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # 13 DATE: FEBRUARY 9, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING GENERALLY TO ZONING AND SPECIFICALLY TO WIND TURBINES, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council amend Chapters 2 and 4 of Title XVII of the Pueblo Municipal Code relating generally to zoning and specifically wind turbines? RECOMMENDATION The Planning and Zoning Commission, at their January 14, 2009 Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND Presently, wind turbines are only allowed as a use by right in the Heavy Industrial (1 -3) Zone Districts, due to the fact that they are not explicitly prohibited. In the recent months, the Department has received a few requests for the installation of wind turbines. The proposed Ordinance will create performance standards for the safe placement of wind turbines, which will enable the use of alternative methods of energy production. The goals of this Ordinance are to: (1) protect residential areas and other land uses from potential adverse impacts of wind turbines; (2) encourage the use of alternative energy generation methods; (3) consider the public health and safety of wind turbines; and (4) avoid potential damage to adjacent property and structures from wind turbine failure through standards and careful siting. FINANCIAL IMPACT None.