Ord 29-2009 5/5/2009 e
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ORDINANCE NO �Q-aooq
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending The Wichita Falls Code Of Ordinances, Appendix B, To
Add Section 5800, To Provide Alternative Energy Regulations, And
To Amend Appendix A, Section 6.10, Subsection P, To Allow Wind
Generators To Exceed The City's Maximum Height Limitations
WHEREAS, the Planning and Zoning Commission has reviewed this proposal
and recommends approval of the amendment to the Zoning Ordinance by adding
Section 5800 Alternative Energy Regulations, and amending Section 6.10 Lots and
Setbacks of the Comprehensive Subdivision Ordinance; and,
WHEREAS, the City Council concurs with the Commission's recommendation to
amend the aforementioned Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Addition of Section 5800 Alternative Energy Regulations
The City of Wichita Falls Code of Ordinances, Appendix B, is hereby amended to add
Section 5800, Alternative Energy Regulations to read as follows:
"5800. ALTERNATIVE ENERGY REGULATIONS.
5801. Wind Energy Systems.
5802. Purpose.
It is the purpose of this regulation to allow the safe, effective and efficient use of
wind energy systems.
5803. Definitions.
F.A.A. Federal Aviation Administration.
Primary structure. A structure that is designed and used as a residential dwelling
unit, or a non-residential structure that is regularly occupied to conduct business
or commerce including agricultural use.
Structure height. The height of the entire wind energy system, as measured from
the bottom of the base to the highest vertical point of the system including the
base and tower and the highest reach of the turbines and/or blades.
Tower. The monopole, freestanding, or guyed structure that supports a wind
energy system.
Utility company. The company which owns and/or maintains the power lines
and/or electrical grid structure to which a property is or may be connected.
Utility grid wind energy system. A wind energy system designed and built with a
primary purpose to provide electricity to the electric grid.
Wind energy system. A wind energy conversion system that converts wind
energy into electricity through the use of a wind turbine, a tower or attached
apparatus, and associated control or conversion electronics, and is intended for
on-site production and consumption of electricity to serve the needs of the
consumer on site.
5804. Conditional Use Permit Required.
A wind energy system as defined herein shall be subject to the Conditional Use
Procedure as outlined in Section 7200.
5805. Primary Structure Required on Lot.
A wind energy system may be erected only:
1. after a primary structure has been erected on the lot; or
2. as part of planned unit development (PUD) district.
5810. Location and Setback.
1. The tower shall be set back from any property line at least the distance
equal to the structure height.
2. Under no circumstances will a wind energy system be permitted to
operate inside a building setback.
3. Associated equipment enclosures or other buildings and structures
located on the same property are subject to the otherwise applicable
building setback requirements of the district in which the facility is located.
4. No portion of a wind energy system, or the required setback, shall
encroach upon an easement unless authorized to do so in writing by the
easement holder.
5. A lot on which a wind energy system is constructed shall not be
subdivided, unless such subdivision maintains the required structure
height setback of the wind energy system from any property lines.
5815. Maximum Height.
1. A wind energy system may exceed the height of a zoning district.
2. No tower height shall exceed the height recommended by the
manufacturer or the distributor of the wind energy system.
3. Tower height is subject to FAA regulations and restrictions.
4. No wind energy system shall be constructed, altered, or maintained so as
to project above any of the imaginary airspace surfaces described in 14
Code of Federal Regulations, Part 77, or as restricted by the latest SAFB
AICUZ (Air Initialization Compatible Use Zone) Study and Section 6400
(Airport Zoning Regulations) of this code.
5. The minimum distance from the ground to the lowest reach of the blade or
turbine shall be 20 feet.
5820. Lighting.
Wind energy systems and towers specifically must comply with the requirements
of the FAA with regard to lighting. When obstruction lighting is required by the
FAA, such lighting shall not exceed the requirements of said agency. Upward
lighting, flood lights or other lighting not strictly required by the FAA is prohibited.
5825. Sound.
Sound produced by the turbine or blades under normal operating conditions,
shall not exceed a decibel level of 35 measured at the ground at any property
line. Sound levels, however, may be exceeded during short-term events caused
by weather or environmental conditions such as severe wind storms. A
determination regarding the unacceptable duration of excessive sound from a
turbine or blades shall be within the discretion of the Building Official.
5830. Access.
Every effort shall be made to prevent unauthorized climbing of the tower. Any
foot pegs or rungs below 12 feet of a freestanding tower shall be removed to
prevent unauthorized climbing. For lattice or guyed towers, sheets of inetal or
wood shall be fastened to the bottom tower section such that it cannot be readily
climbed.
5835. Utility Notification.
No wind energy system shafl be installed until the utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator. Wind energy systems which are not interconnected to the utility grid
shall be exempt from this requirement.
5840. Building Permit.
1. A building permit must be obtained prior to the construction or installation
of a wind energy system. An application for a building permit must be
accompanied by the following:
i. The appropriate fee as established in the City's fee schedule;
ii. A site plan of the proposed wind energy system which clearly
shows:
a. The location of the system;
b. All components of the system;
c. Distances to property lines;
d. Required setbacks;
e. Existing structures on the site;
f. Existing easements and authorization documentation if
required; and
g Natural features such as watercourses and trees.
iii. Elevation drawings showing the design and structure height of the
proposed wind energy system;
iv. A line drawing of the electrical components of the system in
sufficient detail to allow for a determination that the manner of
installation conforms to the latest adopted version of the National
Electrical Code; and
v. Standard installation drawings of the structure, including the tower,
base, and footings. An engineering analysis of the tower showing
compliance with current laws and certified by a licensed
professional engineer registered in the State of Texas shall also be
submitted.
2. For the purposes of necessary inspections and permits and all other
applications of the Building Code, a wind energy system shall be
considered a structure.
5845. Maintenance.
1. A wind energy system shall be maintained at all times, including, but not
limited to, painting and maintaining structural integrity.
2. Wind energy systems that have become unstable, apparently lean
significantly out of plumb, or pose a danger of collapse shall immediately
cease operating and be removed or brought into repair within 30 days
following notification by the city.
3. If the wind energy system is not made safe or removed within 30 days
following notification by the city, the city may remove the wind energy
system and place a lien on the property for the costs of the removal.
However, the Building Official may order immediate action to prevent an
imminent threat to public safety or property.
4. Failure of a property owner to make safe or remove a wind energy system
as required by Paragraph 2 above within 30 days following notification by
the city shall constitute a violation punishable by a fine as provided in the
City of Wichita Falls Code of Ordinances, General Provisions Chapter 1,
General Penalty Section 1-14, and each day any violation shall continue
shall constitute a separate offense.
5850. Removal.
A demolition permit must be obtained prior to the demolition or removal of a wind
energy system.
5855. Utility Grid Energy Systems.
Utility grid energy systems are prohibited within the city limits.
2. Allow Wind Generators to Exceed Height Restrictions
The City of Wichita Falls Code of Ordinances, Appendix A, Section 6.10, Subsection P,
is amended by adding the underlined text and deleting text denoted by strikethrough, as
follows:
P. The following structures may exceed the maximum height limitations
subject to the limitations of Section 6400, Airport Zoning Regulations,
Appendix B of the Code of Ordinances and the following conditions:
1. Church spires or steeples, flagpoles, a� amateur radio
transmitting antennas, and wind power generators subject to
Section 5800 of Appendix B Zoning, may project beyond the
maximum allowable height. However, flagpole heights shall not
exceed 35 feet in SF-1, SF-2, MFR, LO, LC, and BA zoning districts
within the City and 80 feet in all other zoning districts, measured
from the ground. Additionally, any lighting must be from the base of
the flagpole and directed away from all residences.
2. Chimneys, vent-stacks, radio and television receiving antennas,
elevator penthouses, mechanical equipment rooms, cooling towers,
fire escapes, tanks, and ornamental cupolas and domes erected on
the top of buildings may project beyond the maximum allowable
height by no more than 12 feet."
PASSED AND APPROVED this the 5 th day of May, 2009.
MAYOR
ATTEST:
ity Clerk
. . .
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Affidavit of Publication
THE STATE OF TEXAS #235260
COUNTY OF WICHITA
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