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HomeMy WebLinkAboutOrd #142-3rd Ser/An Ordinance Amending Zonding Code Section 78-1379 Regarding Wind Wnergy Conversion SystemsORDINANCE NO. 142, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING ORONO MUNICIPAL ZONING CODE SECTION 78-1379 REGARDING WIND ENERGY CONVERSION SYSTEMS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. The following language is hereby deleted and added to Orono Municipal Zoning Code Section 78-1379(c)(4): (4) Wind energy conversion systems definitions. Horizontal axis wind turbine. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. Hub height. The distance measured from natural grade to the center of the turbine hub. Monopole tower. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. Small wind h"k enerzy conversion system (SWECS). A wind turibin WECS of SAA 5000 kW nameplate generating capacity or less. Total height. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. Vertical axis wind turbine. A type of wind turbine where the main rotor shaft runs vertically. Wind energy conversion system (WECS). An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. Wind turbine. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Page 1 of 5 hr:r F430 ruwar Qn�vrta BMW �E Marri i4triii r f i+ f! wroo SECTION 2. Orono Municipal Zoning Code Section 78-1379(f) is hereby deleted and a new Section 78-1379(f) inserted in its place to read as follows: "Mt Wind Enerju Conversion S stems. (1) Zoning Districts. Small Wind Energy Conversion Systems (SWECS) in accordance with the standards in this section are permitted accessory uses on lots at least 10 acres in gross area within the RR-lA and RR -IB Rural Residential zoning districts. SWECS in accordance with the standards in this section are allowed as a conditional use on lots at least 5 acres in gross area and subject to conditional use permit approval in the following Commercial or Industrial Districts: B-1 Retail Sales; B-4 Office and Professional; B-6 Highway Commercial; B-6 PUD; and I Industrial. (2) Standards for SWECS in Residential Zoning Districts. a. Number. No more than one SWECS is permitted per parcel. b. Height. In the RR -1A and RR-lB zoning districts, a maximum hub height of 30 feet is allowed as a permitted accessory use. c. Blade length. A maximum blade length of 15 feet is permitted. d. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part shall be 12 feet. e. Roof mounting. Roof or wall mounted SWECS are not permitted. f. Setbacks. The base of the SWECS tower shall be set back at least 100 feet from all property lines. SWECS shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right -of --way. SWECS shall not be located more than 100 feet from the principal structure on the property. g. Easements. SWECS shall not encroach on public drainage, utility, roadway or trail easements. h. Noise. SWECS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. Page 2 of 5 i. Screening. SWECS are exempt from the screening requirements for the district in which they are located. j. Aesthetics. All portions of the SWECS shall be a nonreflective surface, subject to the approval of the City Administrator or his/her designee. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the SWECS pursuant to industry standards. Systems shall not be used for displaying any advertising, nor for other uses including but not limited to cell phone antennas, flags, ham radio antennas, etc. No components unnecessary to the operation of the SWECS shall be allowed. Systems shall not be illuminated. k. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. 1. Vibration. No wind energy conversion system shall produce vibrations through the ground that are perceptible beyond the property on which it is located. m. Location. No SWECS shall be allowed within the Shoreland Overlay District. SWECS shall be setback a distance at least equal to the height of the SWECS from a floodplain, pond or wetland. (3) Standards for SWECS in Commercial and Industrial Zoning Districts. a. Number. No more than one SWECS is permitted per parcel. b. Height. In commercial and industrial zoning districts, a maximum hub height of 30 feet is allowed. c. Blade length. A maximum blade length of 15 feet is permitted. d. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part shall be 12 feet. e. Roof mounting. Roof or wall mounted SWECS are not permitted. f Setbacks. The base of the SWECS tower shall be set back at least 100 feet from all property lines. SWECS shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. SWECS shall not be located more than 100 feet from the principal structure on the property. g. Easements. SWECS shall not encroach on public drainage, utility, roadway or trail easements. h. Noise. SWECS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. i. Screening. SWECS are exempt from the screening requirements for the district in which they are located. Page 3 of 5 j. Aesthetics. All portions of the SWECS shall be a nonreflective surface, subject to the approval of the City Administrator or his/her designee. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the SWECS pursuant to industry standards. Systems shall not be used for displaying any advertising, nor for other uses including but not limited to cell phone antennas, flags, ham radio antennas, etc. No components unnecessary to the operation of the SWECS shall be allowed.. Systems shall not be illuminated.. k. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. 1. Vibration. No SWECS shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located. m. Location. No SWECS shall be allowed within the Shoreland Overlay District. WECS shall be setback a distance equal to the height of the WECS from a floodplain, pond or wetland. (4) Safety. a. Standards and certification. 1. Standards. SWECS shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the City Administrator or his/her designee. 2. Certification. SWECS shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the City Administrator or his/her designee. The city reserves the right to deny a building permit for proposed SWECS deemed to have inadequate certification or testing for operation in a severe winter climate. 3. Maintenance. SWECS shall be maintained under an agreement or contract by the manufacturer or other qualified entity. The owner of the SWECS shall once every two years have the SWECS inspected by a licensed qualified professional and submit to the City a report on the status and condition of the SWECS. b. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (5) Abandonment. If the SWECS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. Page 4of5 (5) Permits. A building permit shall be obtained for any SWECS prior to installation. (7) Power Distribution. The power produced from a SWECS shall only be used for on-site consumption except if connected to the local utility power grid per the provisions of this Section. SECTION 3. Repeal of Moratorium. The moratorium enacted by the City Council via Interim Ordinance No. 125, Third Series on October 27, 2014 which temporarily prohibited SWECS and established that during the moratorium the City will not process any SWECS applications it receives and directed that City staff shall return such applications to the applicant, is hereby repealed as of the effective date of this Ordinance. SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 13'h day of April, 2015 on a vote of 3 ayes and 1 nay by the City Council of Orono, Minnesota. ATTEST: Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of April 19, 2015. Page 5 of 5