HomeMy WebLinkAbout1006_Amend Ch 15 of Owasso Zoning code_Small Wind Energy_Telcommunication Towersv`T°~ Tulsa County Clerk - EARLENE WILSON
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ORDINANCE NO. 1006 MMODA 13AMN
AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE
OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER
2, ZONING REGULATIONS, SUB-CHAPTER 15, TELECOMMUNICATION TOWERS AND SMALL WIND
ENERGY SYSTEMS, BY ADDING SUB-SECTION 1530, SMALL WIND ENERGY SYSTEMS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT:
SECTION ONE (1): AMENDED LANGUAGE
The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12,
Chapter 2, Sub-Chapter 15 shall be amended to read as follows:
CHAPTER 15
TELECOMMUNICATION TOWERS AND SMALL WIND ENERGY SYSTEMS
1530 SMALL WIND ENERGY SYSTEMS
1530.1 PURPOSE
The purpose of this chapter is to provide standards that will protect the health,
safety and general welfare of the public and achieve the following:
Provide design criteria that establish minimum requirements for small wind
energy systems and commercial wind energy systems as defined herein to
ensure the safe installation of wind towers in the City of Owasso
• Promote energy savings and the use of 'green infrastructure'
1530.2 APPLICABILITY
The requirements of this ordinance shall apply to all small wind energy systems
and commercial wind energy systems proposed after the effective date of this
ordinance. Wind energy systems for which a required permit has been properly
issued prior to the effective date of this ordinance shall not be required to meet
the requirements of this ordinance; provided, however, that any such system shall
be installed and functioning within 24 months of the date of the permit. Any
system that has been installed, but not used for two consecutive years may not
be subsequently used without meeting the requirements of this ordinance. No
pre-existing system shall be altered in any manner that would increase the
degree of nonconformity with the requirements of this ordinance and no
alterations shall be made to a nonconforming pre-existing system during its life
which exceeds 50% of its fair market value. If such system is destroyed or
damaged to the extent of more than 50% of its fair market value at the time of
destruction or damage, it shall not be reconstructed except in conformity with
this ordinance.
1530.3 SMALL WIND ENERGY SYSTEM REQUIREMENTS
A. Total Height (Figure 1530-1). The not-to-exceed height of wind energy system
structures shall vary with the size of the lot.
1. For property sizes less than one acre in size the total height shall not exceed 15
feet.
2. For property sizes between one acre and two acres, the total height shall not
exceed 60 feet.
3. For property sizes between two and five acres, the total height shall not
exceed 80 feet.
4. For property sizes greater than five acres, the total height shall not exceed 100
feet.
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Figure 1530-1
B. Location. No small wind energy system shall be located in any front or side yard.
C. Setbacks.
Property lines. A small wind energy system shall be set back from the nearest
property line, public road right-of-way and communication
and electrical line not less than 1.5 times the total height of the wind turbine.
2. Inhabited Structures. A small wind energy system shall be set back
from the nearest inhabited structure not less than 1.5 times the total height of
the wind turbine.
D. Design Standards.
1. Monopole or Freestanding Design. The design of the small wind energy
2. Minimum Blade Height. For towers in excess of 30 feet in height, the minimum
height of the lowest extent of a turbine blade shall be 30 feet above finished
grade (Figure 1530-2) and shall be separated from any structure (i.e. house,
shed, barn, recreational element) not less than 1.5 times the blade height
from said structure (Figure 1530-3).
Figure 1530-2
Figure 1530-3
3. Access. No tower shall have a climbing apparatus within 12 feet of the
ground. All access doors or access ways to towers and electrical equipment
shall be lockable.
4. Noise. No small wind energy system shall exceed 60 dBA as measured at the
nearest property line or 50 dBA as measured at the nearest neighboring
inhabitable building. Should a wind tower produce an undulating pattern of
noise or vibrations, which cause distress to nearby residents, said tower may
be deemed a nuisance and worked as a code violation.
5. Visual Appearance. Small wind energy systems shall be finished in a rust-
resistant, non-obtrusive finish and color that is non-reflective. No small wind
energy system shall be lighted unless required by the FAA. No advertising signs
of any kind or nature whatsoever shall be permitted on any small wind energy
system. No transmission equipment shall be installed on the tower. All
equipment shall be screened with either a six foot opaque fence or with
evergreen vegetation not less than six foot in height.
Electrical Interconnections. All electrical interconnection or
i. distribution lines shall be underground and comply with all applicable codes
and public utility requirements.
7. Signal Interference. Efforts shall be made to site small wind energy systems to
reduce the likelihood of blocking or reflecting television and other
communication signals. If signal interference occurs, both the small wind
energy system owner and individual receiving interference shall make
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reasonable efforts to resolve the problem. No small wind energy system shall
cause permanent and material interference with television or other
communication signals.
8. Overspeed Controls. Every small wind energy system shall be equipped with
both manual and automatic overspeed controls.
Federal Aviation Administration (FAA). All wind towers shall meet Federal
Aviation Administration (FAA) Regulations. Documentation shall be provided
that indicates the proposed wind tower meets FAA regulations.
E. Permit Requirements. Applications for a small wind energy shall be approved with
a Specific Use Permit through the Planning Commission following the procedures
outlined in Chapter 13, Amendments. Applications shall include the following
information.
1. Site plan. A site plan shall be drawn to scale based off a survey showing the
location of the proposed small wind energy system and the locations of all
existing buildings, structures, and property lines along with distances.
2. Elevations. Elevations shall be provided of the site drawn to scale showing the
height, design, and configuration of the small wind energy system and the
height and distance to all existing structures, buildings, electrical lines, and
property lines.
3. Engineering Specifications. Standard drawings and an engineering analysis
of the systems tower, including weight capacity shall be provided.
4. Foundations and Geotechnical. A standard foundation and anchor design
along with existing soil conditions and specifications for the soil conditions at
the site.
5. Tower Specifications. Specific information on the type, size, rotor material,
rated power output, performance, safety, and noise characteristics of the
system including the name and address of the manufacturer, model and
serial number.
6. Safety Measures. Emergency and normal shutdown procedures shall be
provided as part of the application for a wind energy system.
7. Electrical Connection. A line drawing of the electrical components of the
system in sufficient detail to establish that the installation conforms to ali
applicable electrical codes shall be provided along with evidence that the
provider of electrical service of the property has been notified of the intent to
install an interconnected electricity generator (unless the system will not be
connected to the electricity grid).
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1530.5 NON USE
1. Any small wind energy system which complies with the terms of this ordinance
which is not used for two years, excluding repairs, shall be removed within the
following six months. Failure to remove the system shall be deemed a violation
of this ordinance.
2. Any small wind energy system or commercial wind energy system which is
non-conforming and which is not used for one year, excluding repairs, shall
be removed within the following six months. Failure to remove the system shall
be deemed a violation of this ordinance.
1530.6 PRIVATE COVENANTS
Private covenants or deed restrictions may prohibit the installation of small wind
energy systems. The City of Owasso does not enforce private covenants and this
ordinance shall not preempt private covenants.
1530.7 DEFINITIONS
1. Total Height. The distance measured from ground level to the blade extended at its
highest point.
2. Small Wind Energy System. A wind energy conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics which will be used
primarily to reduce on-site consumption of utility power.
3. Windmill Rotor. That portion of the windmill which includes the blades, hub, and shaft.
4. Windmill Tower. The supporting structure on which the rotor, turbine, and accessory
equipment are mounted.
5. Commercial Wind Energy System. A wind energy conversion system consisting of
more than one wind turbine and tower, a wind energy conversion system which will
be used primarily for off-site consumption of power.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
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The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The Owasso Code of Ordinances, Part 12, Planning Zoning and Development, Chapter 2, Zoning
Regulations, is hereby amended as set forth above.
PASSED AND APPROVED this 5 day of June, 2012.
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Sherry BishW, City Clerk
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APP OVED AS TO FORM:: /
J e Lombardi, City Attorney
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;~dujgonebrake, Mayor
7
PUBLISHER'S AFFIDAVIT
ORD NO. 1006
PUBLICATION DATE(S)
06/14/12
CASE NUMBER: ORD NO. 1006
AD NO: 00145579
LEGAL NOTICE
S'L'ATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
Of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Representative SiQ i ture
Subscribed to and sworn to me this 15th day of June, 2012.
Notary Public / Y l 67,
NAN Y CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 88.20 NANCY CAROL MOORE
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011684
EXPIRES 12-8-2014
145579
Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, June 14, 2012.
CITY OF OWASSO, OKLAHOMA
ORDINANCE N0. 1006
AN ORDINANCE AMENDING THE CITY OF OWASSO ZON-
ING CODE AS CODIFIED IN THE OWASSO CODE OF ORDI-
NANCES, PART 12, PLANNING, ZONING AND DEVELOP-
MENT, CHAPTER 2, ZONING REGULATIONS, SUBCHAP-
TER 15, TELECOMMUNICATION TOWERS AND SMALL WIND
ENERGY SYSTEMS, BY ADDING SUB-SECTION 1530,
SMALL WIND ENERGY SYSTEMS.
SECTION ONE (1): AMENDED LANGUAGE
BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWAS-
SO, OKLAHOMA, THAT:
The Owasso Zoning Code, contained within the Owasso Code of
Ordinances in Part 12, Chapter 2, Sub-Chapter 15 shall be
amended to read as follows:
CHAPTER15
TELECOMMUNICATION TOWERS AND SMALL WIND ENERGY
SYSTEMS
1530 SMALL WIND ENERGY SYSTEMS
1530.2 APPLICABILITY
1530.3 SMALL WIND ENERGY SYSTEM REQUIREMENTS
1530.5 NON USE
1530.6 PRIVATE COVENANTS
1530.7 DEFINITIONS
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional,
invalid or ineffective, the remaining portion shall not be affected but
shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30)
days from the date of final passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The Owasso Code of Ordinances, Part 12, Planning Zoning and
Development, Chapter 2, Zoning Regulations, is hereby amended as
set forth above.
PASSED AND APPROVED this 5 day of June, 2012.
/s/ Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk
/s/ Julie Lombardi, City Attorney
0 The City go - V
Wit out Limits.
APPROVED BY COUNCIL
JUN 0 6 2Qi2
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Ordinance No. 1006, Proposed Zoning Code Amendment - Small Wind Energy
Systems - Chapter 15 of the Owasso Zoning Code
DATE: June 11 2012
BACKGROUND:
The Community Development Department is currently working on a comprehensive update of
the Owasso Zoning Code. Alternative energy sources are becoming an affordable option for
many homeowners, commercial businesses, and educational institutions. Considering this, staff
conducted research about wind energy systems and developed the attached ordinance for
the installation of small wind energy systems for both residential and commercial uses. The
attached criteria, which will become a new section in Chapter 15 of the Owasso Zoning Code,
were developed based on current technology. As the technology for wind energy improves, it
will be important to revisit these criteria to ensure they remain current. The proposed change
provides a comprehensive approach for the development of small wind energy systems and
ensures that there is consistency in their construction and placement.
This new chapter has been taken to the OEDA, two City Council Works Sessions, and twice to the
Planning Commission. Additionally, the document has been posted on the City's web page for
over six (6) weeks. All of the comments and input received at each of these meetings were
considered and some have been incorporated into the attached ordinance.
PROPOSED AMENDMENT TO THE ZONING CODE:
If approved, this document will amend Chapter 15 of the Zoning Code, Telecommunication
Towers, by adding a new section 1530. Additionally, the title of Chapter 15 will be changed to
read Telecommunication Towers and Small Wind Energy Systems. The ordinance provides
design criteria that establish minimum requirements for small wind energy systems and
commercial wind energy systems in order to ensure their safe installation. Below is a summary of
what the ordinance addresses.
➢ Wind towers will be allowed on any lot inside the City Limits of Owasso, so long as the
tower is no taller than 15 feet in height. However, setback requirements will ensure
that said towers are placed a safe distance from property lines or other structures.
➢ Towers greater than 15 feet are allowed up to a maximum height of 100 feet. As the
tower height is increases, so must the acreage of the property on which the tower is
located.
➢ Towers may not be located in any front or side yard.
➢ All Towers are approved with a specific use permit.
➢ There are restrictions in terms of minimum blade height and proximity of the blades to
nearby structures.
➢ No small wind energy system shall exceed 60 dBA as measured at the nearest
property line or 50 dBA as measured at the nearest neighboring inhabitable building.
Additionally, all noise complaints shall be worked as a nuisance and will become a
code enforcement matter.
➢ Site plans and system specifications are required as part of the permitting process.
➢ Small wind energy systems shall be finished in a rust-resistant, non-obtrusive finish and
color that is non-reflective.
PLANNING COMMISSION:
The Owasso Planning Commission reviewed this item at their regular meeting on May 7, 2012. At
that meeting, the Planning Commission suggested minor language changes, which were
incorporated, and unanimously recommended approval of the Zoning Code amendment to
the City Council.
CITY COUNCIL:
On May 15, 2012 the City Council held a public hearing on this item. No citizen comments were
made regarding the proposed ordinance.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 1006, amending Chapter 15 of the
Owasso Zoning Code.
ATTACHMENTS:
Ordinance No. 1006 - Amendment to Chapter 15 of the Owasso Zoning Code,
Telecommunication Towers and Small Wind Energy Systems