HomeMy WebLinkAbout~Master - Text amendments to zoning ordinance for small wind energy systems ORDINANCE NO. 4040
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,
BY AMENDING SECTION 29.501(4)-7 AND ENACTING NEW SECTIONS 29.201(116)AND
29.201(221)THROUGH 29.201(238)AND 29.1310,WIND ENERGY SYSTEMS THEREOF,
FOR THE PURPOSE OF ALLOWING SMALL WIND ENERGY SYSTEMS IN IN PLANNED
REGIONAL COMMERCIAL (PRC), HIGHWAY-ORIENTED COMMERCIAL (HOC),
GENERAL INDUSTRIAL(GI),AND PLANNED INDUSTRIAL(PI)ZONING DISTRICTS
AS AN ACCESSORY USE ; REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A
PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
amending Section 29.501(4)-7 and enacting a new Sections 29.201(116)and 29.201(221)through 29.201(238)and
29.1310 as follows:
"Sec.29.201.DEFINITIONS.
* *
(116) Mechanical Unit means a climate control device and/or a piece of hardware used for the delivery
or measurement of utilities,not including solar or wind energy systems as defined in Section 29.1309 and Section
29.1310.
* *
(221) AMBIENT SOUND LEVEL: The amount of background noise at a given location prior to the
installation of Small Wind Energy System,which may include,but is not limited to,traffic,machinery, lawnmowers,
general human activity, and the interaction of the wind with the landscape. Ambient Sound Level is measured on the
Decibel—dB(A)—weighted scale as defined by the American National Standards Institute(ANSI).
(222) HEIGHT,TOTAL SYSTEM:The height above grade of the Small Wind Energy System,including
the generating unit and the highest vertical extension of any blades or rotors.
(223) OFF-GRID:An electrical system that cannot be or is not permitted to be connected to the utility's
electric system or to any building or structure that is connected.
(224) SHADOW FLICKER: Changing light intensity caused by sunlight through the moving blades of a
wind energy conversion system.
(225) SMALL WIND ENERGY SYSTEM(SWES):A Wind Energy System which has a rated capacity
of up to one hundred(100)kW and which is incidental and subordinate to a permitted use on the same parcel or lot.A
system is considered a Small Wind Energy System only if it supplies electrical power solely for on-site use,However,
when a parcel on which the system is installed also receives electrical power supplied by a Utility,excess electrical power
generated and not presently needed for on-site use may be used by the Utility in accordance with laws and regulations
governing such use meets utility requirements.
(226) SMALL WIND ENERGY SYSTEM FREESTANDING:A Small Wind Energy System which is
elevated by means of a tower and is not located on another supporting structure.
(227) SMALL WIND ENERGY CONVERSION SYSTEM HORIZONTAL AXIS:A Small Wind Energy
System that has blades which rotate through a horizontal plane.
(228) SMALL WIND ENERGY SYSTEM BUILDING-MOUNTED:A Small Wind Energy System which
requires support by a building,and does not connect directly to the ground.A building mounted system is not a minor
projection,as defined in Section 29.402.
(229) SMALL WIND ENERGY CONVERSION SYSTEM VERTICAL AXIS:A Small Wind Energy
System that has blades which rotate through a vertical plane.
(230) SMALL WIND ENERGY SYSTEM COLLOCATED:A Small Wind Energy System that is
mounted on a tower or pole structure which serves another primary purpose,such as a parking lot light or flagpole.
(231) SWEPT AREA:Any and all portions of overhanging blades,turbines,or attachments that
oscillate,rotate or otherwise move,which are not part ofthe fixed structural elements of the Small Wind Energy System.
(232) TOWER: The vertical component of a wind energy conversion system that elevates the wind
turbine generator and attached blades above the ground.
(233) UTILITY: The electric service provider and owner of the electric distribution system through
which electric service is normally provided to the subject property.
(234) WIND ENERGY SYSTEM(WES):An aggregation of parts including the foundation,base,tower,
generator, rotor, blades and supports in such configuration as necessary to convert the power of wind into electrical
* energy primarily for on-site use(e.g.,wind charger,windmill or wind turbine.
(235) WIND ENERGY SYSTEM,COMMERCIAL:A Wind Energy System which is intended to
produce electricity for sale to a rate regulated or non-regulated utility or for use off site
(236) WIND ENERGY SYSTEM INTERCONNECTED:A Wind Energy System which produces
electric power and is capable of connecting with the utility's electric system or is otherwise capable of distributing
surplus electricity to the public or other properties outside the control of the wind energy system's owner, even if the
system is temporarily or automatically disconnected by a switch or other mechanical device.
(237) WIND ENERGY SYSTEM,NON-ELECTRIC:A Wind Energy System which converts the power
of the wind into a mechanical energy,which is not electrical,and may be otherwise be of a decorative,ornamental or
historical nature.
(238) WIND TURBINE GENERATOR:The component of a WES that transforms mechanical energy from
the wind into electrical energy.
Sec.29.501. CLASSIFICATION OF USES.
Table 29.501(4)-7
MISCELLANEOUS USE CATEGORIES
Wind En rev Conversion
Definition. The use of Wind Energy Systems for the conversion of the power of wind into electrical energy primarily
for on-site as an accessory use to the principal use pursuant to Section 29.1310.
Sec.29.1310.WIND ENERGY SYSTEMS.
(1) Intent.
(a) Purpose.Wind energy is a clean,readily available and renewable energy source.This section
establishes regulations to facilitate the installation and construction of Wind Energy Systems so that systems are safe,
effective,and efficient and have minimal impact on surrounding development. The provisions of this Section apply to
the placement,construction and use of"wind energy systems"as defined in this section.
(2) Definitions. See Sec.29.201
(3) General Regulations.
(a) A Small Wind Energy System(SWES)shall be allowed only as an accessory use to a
permitted principal use on the same legalized lot. Commercial systems are not allowed.Non-electric systems are not
regulated by this chapter.
(b) Zoning: SWES are allowed only in PRC(Planned Regional Commercial),HOC(Highway-
Oriented Commercial), GI(General Industrial) and PI (Planned Industrial) zoning districts subject to the provisions
contained herein and elsewhere within the Municipal Code.
(4) Permit Required:
(a) It shall be unlawful to construct,erect,install,alter or locate any SWES within the City
of Ames,unless both a SWES Zoning Permit and a Building Permit have been obtained. The Zoning Permit may be
revoked by the City of Ames any time the approved system does not comply with the rules set forth in this Section.
(b) After a Zoning Permit has been issued,the owner/operator of the SWES shall obtain a
building permit from the City of Ames Building Official prior to commencing construction of the system. Authorization
for interconnection is independent of the approval for the SWES zoning and building permits.If an interconnected system
is planned,the utility's interconnection requirements must also be satisfied,and no building permit shall be issued until
the Building Official has been provided with the utility's written authorization.
(c) In order to obtain a SWES Zoning Permit,a SWESZP application must be submitted to
the Planning and Housing Department, in conformance with the Minor Site Development process and submittal
requirements. The Planning and Housing Director, upon request of the applicant, may waive any of the submittal
requirements that he or she deems not applicable. The Director may also require additional information as minimally
needed to determine compliance with the Municipal Code. In addition to the requirements of Section 29.1502, the
following information shall be submitted:
(i) Manufacturer specifications of the proposed system
(ii) Photographs or renderings of the proposed system
(iii) Elevation drawings of the proposed system,including as applicable:
(a) Elevation of building to which attached
(b) Distance to other objects on the property,such as trees,
power lines and buildings
(5) Tower: Only monopole towers are permitted for freestanding Small Wind Energy Systems in the HOC,
PRC, and PI zones. Either monopole or lattice towers are permitted in GI zones. Guyed towers or any other types of
towers are not permitted.
(6) Color and Surface: Freestanding SWES shall be a neutral color such as white, sky blue,or light gray.
Supporting structures for building mounted SWES shall match the color of the building on which they are mounted.
Surfaces of the SWES and building mounted supporting structures shall be non-reflective
(7) Lighting:No lights shall be installed on the tower,unless required to meet FAA guidelines.
(8) Signage: Any signs on the system shall be limited to one square foot.
(9) Climbing Apparatus: The tower must be designed to prevent climbing within the first ten feet(10').
(10) Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications. The
property owner of any SWES shall maintain such system in a safe and attractive manner, including replacement of
defective parts,painting,cleaning,and other acts that may be required for the maintenance and upkeep of the function
and appearance of such a system. The owner shall also maintain the ground upon which the system is located in an
orderly manner, such that is free of debris, tall grass and weeds, and any associated structures remain quality in
appearance.
(11) Displacement of Parking Prohibited:The location of the SWES shall not result in the net loss of required
parking or landscaping as specified elsewhere in the zoning code.
(12) Utility Notification:The City of Ames shall notify the utility of receipt of a S WESZP application to install
an interconnected customer-owned generator.Off-grid systems shall be exempt from this notification requirement.This
is only to inform the utility.A response from the utility is not required to approve or deny the SWESZP application.
(13) Interconnection:The SWES,ifnot off-grid,shall meet the requirements for interconnection and operation
as set forth by the utility.Off-grid systems shall be exempt from this requirement.
(14) Restriction on use of Electricity Generated:A SWES shall be used exclusively to supply electrical power
to the owner for on-site consumption, except that excess electrical power generated by the SWES and not presently
needed for use by the owner may be used by the Utility in accordance with laws and regulations governing
interconnection and utility approval.
(15) Noise and Vibration:A SWES shall be designed,installed and operated so that any noise or vibration has
minimal impacts on adjacent properties.No noise or vibration above the ambient sound level shall be detected from a
property within a zoning district where an SWES is not allowed.A SWES shall utilize only manufacturer designs in
which the turbine sound level,when installed according to manufacturer's specifications,shall not exceed 55 decibels,
at the base of the turbine tower. Additionally, a SWES shall comply with noise control regulations in Chapter 16 of
Municipal Code.
(16) Low Frequency Sound:No SWES or combination of SWESs shall emit low frequency sound at or below
20 Hertz.
(17) Shadow Flicker:No SWES shall be installed and operated so to cause a shadow flicker to fall on or in any
residentially zoned dwelling unit existing at such time that the application to install a SWES is received by the city.
(18) Safety Controls: Each SWES shall be equipped with both an automatic and manual braking,governing,
or feathering system to prevent uncontrolled rotation,over-speeding,and excessive pressure on the tower structure,rotor
blades,or turbine components. Said system shall also be capable of stopping power generation in the event of a power
outage so as to prevent back feeding of the grid.
(19) Shut Off:A clearly marked and easily accessible power disconnect will be required as determined by the
Building Official.
(20) Wind Access Easements: The enactment of this chapter or granting of an SWES Zoning Permit does not
constitute the granting of an easement by the City of Ames.The SWES owner/operator shall have the sole responsibility
to acquire any easements,or similar documentation to assure and/or protect access to sufficient wind as may or may not
be necessary to operate the SWES.
(21) Engineer Certification: Submittal requirements for SWES building permits shall be determined by the
Building Official. The Building Official, upon review of the proposed SWES, may require certification by an Iowa
Professional Engineer,prior to completing review or issuing building permits.
(22) Installation:Installation must be done according to manufacturer's recommendations.All wiring,electrical,
and construction work must be completed according to applicable codes. All electrical components must meet industry
standards as determined by the Building Official and the utility.
(23) Abandonment: System use shall be determined abandoned under the provisions of Section 29.307,which
requires notice by the Zoning Enforcement Officer to the property owner.The system shall be removed within 90 days
of the termination date, at the cost of the property owner.
(24) Bulk Regulations.
(a) Setbacks:
(i) The minimum distance between any Freestanding SWES and any property line shall
be a distance that is equivalent to 1.1 times the total system height.The setback shall be measured from the property line
to the closest point of the swept area.
(ii) The required setback for any Building-Mounted SWES shall be equal to the
required setback of the principal building to which the SWES is to be attached at such time that the application to install
a building mounted SWES is received by the city.Section 29.402(2)regarding allowable minor projections into required
setbacks is not applicable.
(25) Maximum Height:Height shall be measured from the ground to the top of the tower,including the wind
turbine generator and blades.Known as the"total system height,"as defined in this section.
(a) For lots up to three(3)acres,the maximum height shall be 80 feet.
(b) For lots of three(3)to seven(7)acres,the maximum height shall be 100 feet.
(c) For lots of more than seven(7)acres the maximum height shall be 120 feet.
(d) Building-Mounted SWES may project a maximum of 10 feet higher than the point of attachment
to the building on which they are attached,based upon the definition of total system height in this section.However,the
combined heights of the building and the system may not exceed the maximum principal building height by more than
five(5)feet. Section 29.401(5)regarding maximum heights for allowable roof projections is not applicable.
(26) Minimum Lot Size:None.
(27) Ground and Swept Area Clearance:No portion of the SWES Swept Area shall be closer than 10 feet to the
ground.Clearance of 15 feet is required over parking areas,driveways,sidewalks,decks,and balconies.No portion of
the Swept Area shall extend closer than 20 feet horizontally to the nearest tree,structure,or above ground utility facility.
(28) Location:
(a) No part of a SWES shall be located within or over drainage,utility,or other established
easements.
(b) No SWES shall be constructed,altered,or maintained so as to project above any of the imaginary
airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.
(c) No SWES shall be constructed so that any part thereof can extend within 20 feet laterally of an
overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from
underground electric distribution lines shall be at least five(5)feet.
(d) No part of the SWES,including the swept area,shall be within or overhang any portion of
the property that is within a required building setback.
(29) Number of Systems per Lot/parcel:
(a) Additional building mounted SWES may be allowed within the parameters of this section.
(b) In no case shall the generating capacity of aggregated SWES exceed anticipated energy needs for
on-site consumption,based upon analysis from the utility.
(c) Vertical axis(Building-Mounted or Freestanding):No limit on number.
(d) Horizontal axis(Building-Mounted):No limit on number.
(e) Horizontal axis(Freestanding):Limited to a maximum of two(2)per acre.At least one is allowed
per lot/parcel, but not more than two(2)per acre. Systems collocated on existing poles or towers that serve another
primary purpose are exempt from the two(2)per acre limit."
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set
forth in Section 29.1603(7).
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this 22°d day of June, 2010 .
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Diane R.Voss,City Clerk Ann H.Campbell,Mayor Or