APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\SECTION 11. PERFORMANCE STANDARDS

The City of Eudora regulates broadcast systems, cellular, commercial mobile radio services, common carrier wireless access exchange services, enhanced specialized mobile radio, functionally equivalent services, personal communication services paging, personal wireless services, public service and emergency systems, specialized mobile radio, tower builder, unlicensed wireless services, and wireless cable system in the public interest.  These regulations do not apply to amateur radio uses or private dispatch systems.

For the purpose of this section, certain terms or words used for Wireless Communication Systems shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

Amateur Radio: Radio equipment and associated antennas or support structures operated for the purpose of receiving or transmitting communications by a radio station as described in Section 153(g) of Title 47 of the U.S. Code and which is operated under license by the FCC.

Antenna: A whip (omni-directional antenna), panel (direction antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals.

Antenna Array: More than one whip, panel, disc or similar device used for the same carrier at the same frequency.

Applicant: A person or entity with an application before the City of County for a permit for a wireless communication facility.

AGL (above ground level): The actual height of the wireless communication facility from the ground to the highest part of the mount or the antenna, whichever is higher.

Broadcast Systems: Wireless communication systems that are licensed for the broadcast of AM/FM radio or television.

Camouflage: To paint or mount a wireless communication facility in a manner that requires minimal changes to the host structure and hides the facility in the context of its surroundings on the host structure.

Carrier: A company licensed by the Federal Communications Commission (FCC) that provides wireless communication. A tower builder is not a carrier.

Cellular: A personal wireless service capable of transmitting and receiving voice that operates in the 800 MHz spectrum.

Co-location: The use of a common wireless communication facility or common site by two or more carriers or by one carrier for more than one type of wireless communication technology and/or placement or two or more wireless communication facilities on adjacent properties.

Commercial Mobile Radio Services (CMRS): Per Section 704 of the Telecommunications Act of 1996, any of several wireless communication technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are “functionally equivalent services.” Section 704 of the Telecommunications Act of 1996 prohibits unreasonable discrimination among functionally equivalent services.

Common Carrier Wireless Exchange Access Services: Services by which wireless communication is interconnected with wired communication infrastructure.

Conceal: To enclose a wireless communication facility within a natural or man-made feature resulting in the facility being either hidden from view or made part of the feature enclosing it.

Design: The appearance of wireless communication facilities as determined by selection of materials, colors, size, and shape.

Disguise: To design and construct a wireless communication facility to be an architectural feature of an existing or proposed structure in such a manner that the wireless communication facility not discernible from the remainder of the structure.

Elevation: The measurement of height above sea level. Also AMSL, or above mean sea level.

Enhanced Specialized Mobile Radio (ESMR): Private land mobile radio with telephone services.

Equipment Shelter: An enclosed structure, cabinet, shed, or box at the base of or in the general proximity of a support structure within which are housed the equipment for the wireless communication facility such as radios, batteries, and electrical equipment.

Federal Communications Commission (FCC): An independent federal agency charged with licensing and regulating wireless communication at the national level.

Functionally Equivalent Services: Cellular, PCS, Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. Section 704 of the Telecommunications Act of 1996 prohibits unreasonable discrimination among functionally equivalent services.

Guyed Tower: Any type of support structure that is supported in whole or in part by cables anchored to the ground or other surface.

Lattice Tower: A type of support structure that consists of an open network of braces forming a tower that is usually triangular or square in cross section.

Location: The area where a wireless communication facility is located or proposed to be located.

Modification: The changing of any portion of a wireless communication facility from its description in a previously approved permit. The FCC definitions for “modification” are different than local government rules.

Monopole: A type of support structure that consists of a vertical pole fixed into the ground and/or attached to a foundation.

PCS (Personal Communication Services): A personal wireless service capable of transmitting and receiving voice, data, text, and video messaging that operates in the 1850-1990 MHz range.

Paging: A personal wireless service that provides tone, text, and limited voice messaging that operates on several frequency ranges, usually in a limited geographic area.

Personal Wireless Services: Any personal wireless service defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and unlicensed wireless services, and common carrier wireless exchange access services.

Private Dispatch System: Wireless communication systems that are licensed to one user for exclusive use and not to be shared with, or leased to, other users.

Public Service and Emergency System: Wireless communication systems operated by or for a governmental agency for the delivery of emergency or other public services.

Radio Frequency (RF) Engineer: Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.

Radio Frequency Radiation (RFR): The propagation of electromagnetic waves through space.

Radio Frequency (RF) Signal: The actual beam or radio waves sent and received by a wireless communication facility. A signal is the deliberate product of a wireless communication facility. The RF emission is the byproduct.

Screening: Decorative fencing or other materials, evergreen vegetation, or landscaped earth berms constructed and maintained for the purpose of concealing a wireless communication facility from view.

Separation: The distance between one carrier’s antenna array and another carrier’s antenna array.

Site: That portion of a subject property where a wireless communication facility is to be placed. Any acceptable location may have several potential sites within it.

Siting: The method and form of placement of wireless communication facilities on a specific area of a subject property.

Specialized Mobile Radio (SMR): A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier.  Used primarily for delivery vans, truckers or taxis within a small, definable geographic area.

Support Structure: The structure or surface upon which antennas are mounted.

Roof-mounted. Mounted on the roof of a building.

Side-mounted. Mounted on the side of a building.

Ground-mounted. Mounted on the ground.

Structure-mounted. Mounted on a structure other than a building.

Tower: Generally used to describe all wireless communication facilities or sometimes is used to refer only to those wireless communication facilities at high elevations above grade. Also used as a modifier (e.g., tower builder) or when modified (e.g., lattice tower).

Tower Builder: A company or individual that builds or manages support structures for wireless communication facilities.

Unlicensed Wireless Services: Wireless communication services operating on public domain frequencies using duly authorized devices which do not require an FCC license for their sites.

Wireless Cable System: Wireless communication services that provide point-to-multipoint communication for the provision of voice, data, text, and video that operate in the 2.1 to 2.8 GHz range.

Wireless Communication: Comprehensive term describing the wireless services covered by the location/design guidelines of the Plan. Includes the following terms as defined herein: broadcast systems, cellular, commercial mobile radio services, common carrier wireless access exchange services, enhanced specialized mobile radio, functionally equivalent services, personal communication services paging, personal wireless services, public service and emergency systems, specialized mobile radio, tower builder, unlicensed wireless services, and wireless cable system. Does not include amateur radio or private dispatch system.

Wireless Communication Facility: Comprehensive term describing the facilities covered by the location/design guidelines of the Plan. Includes the following terms as defined herein: antenna, antenna array, equipment shelter, guyed tower, lattice tower, location, monopole, site, support structure, and tower.

The term “guidelines” is used in recognition that deviations from these guidelines can be considered on a case-by-case basis, if consistent with the general spirit and intent of this Regulation.

(1)   The following wireless communication facilities are permitted by right in any zoning district, subject to the issuance of a building permit, if they conform to the Location/Design Guidelines in this section.

(a)   In non-residential zoning districts, new facilities that are concealed in or mounted on top of or the side of existing buildings (excluding single-family and duplex residences) and other structures, including support structures up to 20 feet above the building, or the maximum height permitted in the underlying zoning district, whichever is greater.

(b)   In any zoning district, modification and/or replacement of support structures (light poles, flag poles, electrical poles, private dispatch towers, etc.) that are not significantly more visible or intrusive, including cumulative height extensions of up to ten (10) percent above the original structure height.

(2)   The following wireless communication facilities are allowed in non-residential zoning districts, only, and as uses permitted upon review, subject to the issuance of a building permit, if they conform to the Location/Design Guidelines in this section.

(a)   New or modified lattice towers no larger than 18 inches wide on any side up to 60 feet in height measured from grade.

(b)   New disguised ground-mounted facilities up to 85 feet in height.

(c)   New ground-mounted facilities up to 120 feet in height in any I Industrial District.

(3)   If the Codes Administrator determines that the wireless communication facility does not conform to the Location/Design Guidelines, the building permit shall be denied.  Denied building permits may be appealed to the Board of Zoning Appeals.

The term “guidelines” is used in recognition that deviations from these guidelines can be considered on a case-by-case basis, if consistent with the general spirit and intent of this Regulation.

(1)   There shall be no nighttime lighting of or on wireless communication facilities except for aircraft warning lights or similar emergency warning lights required by applicable governmental agencies.  No strobe lights shall be used.  Lighting for security purposes should be permitted at the base of wireless communication facilities.  Temporary lighting for nighttime repairs is permitted.

(2)   No signs shall be allowed on an antenna support structure other than those required by applicable governmental agencies.

(3)   At the time of requesting a Permit for a new ground-mounted wireless communication facility, the applicant shall demonstrate to the satisfaction of the approving authority that:

(a)   There is no available space on existing or approved wireless communication facilities or other structures that can be utilized to meet the applicant’s communication needs; and,

(b)   There is no other economically and technically feasible opportunity to modify or rebuild an existing structure on which the communication equipment may be located (a rebuilding opportunity will be considered economically feasible if the cost of rebuilding an existing facility is no more than the cost of building a new facility on a new site).

(4)   At the time of requesting Permit for a wireless communication facility, the owner of a proposed new undisguised ground-mounted wireless communication facility, and the owner of the land, if not the same, shall agree in writing that:

(a)   The support structure is designed, and the ground area is adequate or can be made adequate, to accommodate at least one (1) other carrier, if more than eighty (80) feet in height, and at least two (2) other carriers, if more than  100 feet in height;

(b)   Reasonable accommodations will be made to lease space on the facility to other carrier so as to avoid having a proliferation of support structures that are not fully utilized; and,

(c)   The owner(s) will make available in the future the opportunity for another party to pay the cost to modify or rebuild the structure to support additional communication equipment where economically and technically feasible.  Lattice towers no larger than 18 inches on any side are excluded from the co-location requirements of subsection a) of this paragraph.

(5)   The owner shall be responsible for the removal of unused facilities, including the uppermost 20% of support structures that are unused (except where removal of the uppermost 20% would require the removal of a lower portion the support structure that is in use, in which case the required removal will be raised to the next highest portion of the support structure not in use), within 60 days if the wireless communication facility, or a portion thereof, has been unused for 12 consecutive months.  If such a facility or portion of a facility is not removed by the owner, then the City may employ all legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction, to remove it, and after removal may place a lien on the subject property for all direct and indirect costs incurred in its dismantling and disposal, including court costs and reasonable attorney fees.  Under this paragraph, “owner” includes both the owner of the real property and the owner of the wireless communication facility, whether such ownership is divided or in the same person.

(6)   New support structures shall not be located in the flight paths of local airports where they would constitute a potential hazard to air safety.

(7)   All wireless communication facilities shall comply with all federal, state, and local rules and regulations.  Wireless communication providers are particularly encouraged to seek the following new locations for new facilities:

(a)   Mounted on top or the side of multistory buildings and other structures, appropriately concealed, screened, disguised or camouflaged.

(b)   On existing poles in street rights of way, including telephone poles, electrical transmission and distribution poles, street lights, and traffic signal stanchions; on existing parking lot and athletic field/stadium light standards; and on modified or rebuilt poles that are  substantially similar I appearance.

(c)   On existing support structures, including those constructed for personal wireless services, AM/FM radio and television broadcast, school district microwave antennas and private dispatch systems.

(d)   In wooded areas.

(e)   At certain City owned properties, where the size and nature of the use does not interfere with other functions and allows for compatible siting; these may include water towers, large park areas, sewer treatment plant sites and maintenance yards.

The term “guidelines” is used in recognition that deviations from these guidelines can be considered on a case-by-case basis, if consistent with the general spirit and intent of this Regulation.

(1)   As a general rule, the less visible and obtrusive a proposed wireless communication facility is, the more acceptable it will be to the community.  The visibility of facilities can be minimized by techniques such as concealment, disguise, camouflage, and sensitive design and siting.  Specific guidelines include:

(2)   Preserving the pre-existing character of the area as much as possible.

(3)   Minimizing the height, mass or proportion of the facility to minimize conflict with the character of its proposed surroundings.

(4)   Minimizing the silhouette presented by new support structures and antenna arrays.  Generally, monopoles are favored over lattice-type support structures to a height of at least 150 feet, and antennas mounted flush to the support structure are favored over triangular “top-hat” antenna arrays.

(5)   Using colors, textures and materials that blend in with the existing environment; under some circumstances, surfaces should be painted, or otherwise treated, to match or complement existing background structures and surfaces, or the sky, as appropriate, and to minimize reflection.  Painting support structures red and white may also be necessary to avoid strobe lighting that would otherwise be required by applicable governing agencies.

(6)   Concealing facilities within potential space in or on existing structures, or disguised to look like another type of facility, like a flagpole, clock tower, or church steeple.

(7)   Placing facilities in areas where trees and/or buildings obscure some or all the facility from view, and installing new plantings/screening around the site where visible from major street or residential areas.

(8)   Placing facilities on existing walls, flush-mounted, or on roofs building (excluding single-family and duplex) and structures, up to 20 feet above the existing structure, as opposed to building new ground-mounted support structures.  Facilities on rooftops generally should be set back from roof edges or screened from view.

(9)   Screening equipment shelters and cabinets through landscaping, walls and/or fencing, as appropriate to the surroundings and generally consistent with the City’s screening regulations.  In most cases, ground-level equipment should respect the setbacks for accessory uses in the applicable zoning district and be enclosed by 6-8 foot height security fencing, of a material compatible with its surroundings.  Equipment should be encouraged indoors if space is available nearby.  Burying equipment in an underground vault, to keep most of the equipment out of sight, may be necessary in rights of way and in some other visually/environmentally sensitive locations, such as tourist attractions, historic landmarks/districts, museum district, river corridor, and other locations of civic importance or architectural significance.

(10) Ground level shelters/equipment appropriately screened and generally landscaped with trees and/or shrubs, should be permitted on lots adjacent to rights of way, to facilitate the use or reconstruction of utility poles in those rights of way.

(11) Permitting lighting on facilities only if required by federal regulations, and not by strobes (except by variance)).

The following information shall be submitted at the time of filing an application for a building permit.

(1)   General:

(a)   Name/signatures of applicants, owners of land and/or facilities if different, and agents if any.

(b)   Written statement acknowledging and agreeing to the responsibilities under the zoning code (e.g. allowing co-location opportunities on the support structures and at ground level; allowing modification/rebuilding of support structures; removal upon abandonment, etc.).

(2)   Siting and design:

(a)   A one-inch-equals-200 feet vicinity plan, dimensioned and identifying existing buildings, trees, and other features within 200 feet of the wireless communication facility.

(b)   A one-inch-equals-200 feet site plan, dimensioned.

(c)   Typical elevations of all facility elements, dimensioned.

(d)   Specification of all exterior materials and colors, with drawings, photos or samples as appropriate.

(e)   Landscape/screening plan, with all materials and sizes specified.

(f)   Appearance shown by at least two photo-simulations for proposed facilities that do not adhere to the location/design guidelines or facilities located in designated visually/environmentally sensitivity locations.

The City of Eudora regulates Wind Energy Conversion Systems (WECS) for the purpose of accommodating the development of wind power resources in the City while providing standards to protect the public health, safety and general welfare.

For the purpose of this section, and in addition to words defined in other sections of these regulations, certain terms or words used in this subsection of these regulations shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

Facility Owner: the entity or entities having equity interest in the Wind Energy Conversion System, including their respective successors and assigns.

Hub Height:  The distance from the base of the tower to the center of the hub to which rotors are connected.

Meteorological Tower:  Temporary towers erected by WECS owner-applicants to measure wind speed and directions, as well as other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports or similar structures to monitor weather conditions.

Operator: The entity responsible for the day-to-day operation and maintenance of the Wind Energy Facility.

Property line: The boundary line of the area over which the entity applying for a WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the facility owner/developer and landowner.

Rotor diameter: The diameter of the circle described by the moving rotor blades.

Substations: Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 V (35 KV) for interconnection with high voltage transmission lines.

Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS.

Turbine Height: The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.

Tower height: The total height of the WECS exclusive of the rotor blades.

Transmission Line: Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.  In a commercial WECS, a transmission line will carry electricity from the WECS substation to the point of interconnect (POI).

Wind Energy Conversion System (WECS): An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers, which operate by converting the kinetic energy of wind into electrical energy.  The energy may be used on-site or distributed into the electrical grid.  Categories of WECS are distinguished for regulatory purposes as follows:

1.    Micro-WECS: A WECS of up to 10.0 kW name plate generating capacity or less and utilizing supporting towers of 60 feet or less.

2.    Commercial-WECS: A WECS of more than 10.0 kW and less than 100 kW in total name plate generating Capacity.

3.    Large-capacity Commercial-WECS: A WECS greater than 100 kW in total name plate generating capacity.

4.    Alternative-WECS: A WECS other than a standard turbine-mounted propeller-type blade system, such as a vertical axis or a horizontal axis wind conversion system, a helix wind turbine, or similar alternative design.

Wind Energy Facility: a WECS.

Wind Turbine (or Turbine): Any piece of electrical generating equipment that converts the kinetic energy of wind into electrical energy through the use of airfoils or similar devices to capture the wind, and includes the nacelle, rotor, tower, and pad transformer, if any.

(1)   No WECS shall be considered for a building permit without first being granted approval by the City for a Use Permitted Upon Review (UPUR) as provided in this Section; except that, the regulations in this Section shall not apply to:

(a)   Large-capacity Commercial-WECS, which shall be prohibited within the City corporate limits; and

(b)   A subdivision or re-subdivision of land, or a lot split for a micro-WECS that meets all other requirements of these regulations, which may be approved administratively.

(2)   Any physical modification to a permitted WECS that materially alters the size, type and number of Wind Turbines or other equipment shall require approval under the same Zoning procedures as an original application.  Like-kind replacements shall not require a permit modification. 

(3)   The Planning Commission or Governing Body, when considering a UPUR for a WECS, shall have the ability to grant a deviation from these standards subject to review and approval of detailed information submitted by the applicant illustrating the need and justification for the deviation.

The following general provisions apply.

(1)   Damage to Public Property.  Applicants shall be held liable for any damage to public roads or rights-of-way resulting from tower construction, deconstruction, and/or maintenance activity.

(2)   Tower Design.  No lattice structures shall be permitted.  All tower structures shall be of self-supporting, monopole construction; except that, a wind turbine designed to be attached to a structurally reinforced roof shall not require a self-supporting monopole design where such support is not warranted, provided that the roof-mounted turbine height is no greater than one half the height of a standard two-story building.

(3)   The UPUR for a WECS is to run with the land, not with the UPUR applicant; provided, however, if the land or WECS ownership is transferred to another party, then the UPUR is to be transferred from the approved party to the new land owner or WECS owner; provided further, that said transfer is approved by the City. 

(4)   If a surety bond has been required as a condition of Commercial-WECS approval, first party shall inform the second party of the surety bond and all other requirements of the UPUR.  The second party or new holder of the UPUR shall meet the surety bond requirements and all other requirements of the UPUR, subject to “Abandonment and Removal” provisions of these regulations.  A transfer fee per turbine, as established by the City in a fee ordinance, shall be paid to the City as a condition of City transfer of the UPUR to the new holder.

All WECS shall meet or exceed the following standards:

(1)   Federal and State Regulations.  All WECS shall meet or exceed State and Federal standards and regulations.

(2)   Electrical Codes and Standards.  All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.  All electrical wires associated with a WECS shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.  Wherever possible collection cables will be placed underground.  When necessary collection cables may be placed above ground.

(3)   Collection Lines.  All communications and collection lines, equal to or less than 34.5kV in capacity, installed as part of a WECS shall be buried wherever possible. 

(4)   Clearance.  The minimum distance between the ground and any part of the rotor blade system of a Commercial-WECS shall be 30 feet.  The blade tip clearance for Micro-WECS shall, at its lowest point, have a ground clearance of not less than 25 feet. 

(5)   Self-Support Structures.  All tower structures shall be of monopole construction unless attached to a structurally reinforced roof where such support is not warranted.  Meteorological towers may be guyed.  For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of 8 feet above the ground.  Visible fencing shall be installed around anchor points of guy wires.

(6)   Tower Access.  All access doors to the tower and electrical equipment shall be lockable. If access doors are not lockable the supporting tower shall be enclosed with a six foot tall fence with a locking portal placed around the tower’s base or the tower climbing apparatus shall be limited to no lower than 12 feet above ground level.

(7)   Signage.  Appropriate warning signage shall be placed on wind turbine towers, electrical equipment and WECS facility entrances.  Signs and/or logos shall be limited to the manufacturers, installer’s, or owner’s identification and appropriate warning signs.  Commercial advertising is prohibited. 

(8)   Building code compliance.  All wind turbines shall meet or exceed the current standards expressed in the adopted building codes. A building permit is required prior to the installation of any wind turbine.

(9)   Utility connections.  Reasonable efforts shall be made to locate utility connections from the wind turbine(s) underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. For electrical transformers with a 40 footprint greater than two (2) square feet in area, landscaping shall be provided where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Maintenance of all landscaping shall be the responsibility of the property owner.

(10) Electrical wires.  All electrical wires associated with a wind turbine shall be located underground except for those wires necessary to connect the wind  generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.

(11) Safety Shutdown.  No wind turbine shall be permitted that lacks an automatic braking, furling, or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades, and turbine components.  Owner shall maintain the ability to shut down turbines in an emergency.

(12) Lighting.  Wind turbines shall not be artificially lighted except as required by the FAA and as necessary for safety and security purposes.  Except as required by the FAA any lighting shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(13) Color/Finish. Wind turbines, exclusive of the towers, shall be painted a non- reflective, non-obtrusive color such as the manufacturer’s default color option or a color that conforms to the environment and architecture of the community.

(14) Alternative-WECS.  For regulatory purposes the standard turbine-mounted, propeller-type blade WECS shall be the basis for these regulations.  Alternative-WECS shall be evaluated by the standards that are applicable to standard turbine-mounted, propeller-type blade WECS that are found to be in the same category of WECS; and by the manufacturers’ published installation standards as to noise, setback and related matters for the health, safety and welfare of the public. 

The wind turbines constructed under these regulations shall meet the following size and setback restrictions:

WECS Type

Minimum Lot or Parcel Size

Maximum Turbine Height

Minimum Setback *

Enhanced Requirements

Micro-WECS

1-acre

60 feet

110% of the Turbine Height

None

Commercial-WECS

2-acres

150 feet

110% of the Turbine Height

Sect. 16-1130

Large-capacity Commercial-WECS

 

Prohibited 

     * Measured from the closest adjacent lot line or parcel line or above ground public utility.

The following items shall be submitted in support of an application for a Commercial-WECS; except that, the City may require additional technical studies deemed necessary to fully evaluate the application, such as a noise study or geotechnical report:

(1)   Name of the project applicant(s), facility owner(s) and operator(s).

(2)   Legal description and address of the project.

(3)   Documentation of land ownership or legal control of the property.

(4)   Description of the project including:  model, size, number, type, nameplate generating capacity, rated power output, tower height, rotor material, rotor diameter, performance, safety, and noise characteristics of each wind turbine being proposed; also, tower and electrical transmission equipment, and total height of all wind turbines and means of interconnecting with the electrical grid.

(5)   A site development plan utilizing a standard engineering scale not to exceed 1:100, indicating the placement of the wind turbine(s) and distances from the proposed turbine location to existing buildings including purpose (e.g. residence, garages, barns, etc.), any above-ground utilities, the nearest tree(s), and all property lines; and including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. 

(6)   Meteorological tower information, if applicable, including location, height, and appearance. 

(7)   Digital pictorial representations of “before and after” views (photo simulation or similar graphic display) from key viewpoints as may be required by the City.

(8)   Certification by the manufacture’s engineer or another qualified engineer that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.

(9)   Proof of compliance with Airport Hazard Regulations in accordance with Federal Aviation Administration (FAA) and Kansas Department of Transportation (KDOT) Aviation Section standards under FAR Part 77, “Objects Affecting Navigable Airspace.” 

(10) A noise compliance summary statement to demonstrate that the wind turbine will not exceed noise standards of these regulations, except for during short-term events such as utility outages and severe windstorms.  The noise summary shall include:

(a)   A description and map of the project’s noise producing features, including the range of noise levels expected, and the basis for such expectations.

(b)   A description and map of the noise sensitive environment, including any sensitive noise receptors (e.g. residences, resident care facilities, libraries, schools, and other facilities where quiet is important or where noise could be a nuisance) within one thousand (1,000) feet.

The following items shall be submitted in support of an application for a Micro-WECS: 

(1)   Name of the project applicant(s), facility owner(s) and operator(s).

(2)   Legal description and address of the project. 

(3)   A plot plan utilizing a standard engineering scale not to exceed 1:100, indicating the placement of the wind turbine(s) and distances from the proposed turbine location to existing buildings including purpose (e.g. residence, garages, barns, etc.), any above-ground utilities, the nearest tree(s), and all property lines.

(4)   Turbine information: specific information on the type, model, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment.

(5)   A noise compliance summary statement to demonstrate that the wind turbine will not exceed noise standards of these regulations, except for during short-term events such as utility outages and severe windstorms. 

(6)   Drawings of the electrical components in sufficient detail to allow for a determination that the manner of electrical wiring is in compliance with the manufacturer’s specifications

(7)   Any other data that the City may require of the applicant for the proposed wind turbine structure, including the tower, base, and footings in sufficient detail to allow for a determination that the proposed Micro-WECS shall meet all the aforementioned standards.  The City may require an engineering analysis of the tower showing compliance with the manufacturer’s specifications.

All WECS shall comply with the following use limitations:

(1)   Noise.  The noise emitted from any wind turbine shall not exceed 50 dbA within 100 feet of the nearest property line, except during short-term events such as utility outages and severe windstorms. 

(2)   Materials, signs and markings.  Structures for wind turbines shall be self-supporting tubular towers painted a neutral color such as a white or pale gray.  No lattice structure shall be used.  No logos or advertisements are allowed on these structures.   Each turbine shall be marked with a visible identification number located no higher than fifteen (15) feet above ground level.

(3)   Electromagnetic interference.  No individual tower facility shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.  In the event the WECS and its associated facilities or its operations cause such interference, the facility owner(s) and/or operator(s) shall take timely measures necessary to correct the problem.

(4)   Separation requirements.  If two or more ground-mounted wind turbines are located on one lot, they shall be separated by a distance 110 percent of the total height of the tallest wind turbine on the lot.

Upon disuse by the facility owner(s) and operator(s) of a Commercial-WECS for a continuous period of fifteen (15) months, the turbine shall be considered abandoned, and the owner(s) of such wind turbine shall remove the WECS within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment.  The following additional conditions and procedures shall apply:

(1)   The Facility Owner and Operator shall, at their expense, complete decommissioning of the turbine.

(2)   Decommissioning shall include removal of turbines and any associated buildings, cabling, electrical components, roads, and all other associated facilities.  Foundations of turbines shall be removed to a depth of four (4) feet below the ground surface.  Any access roads shall be removed to the landowner’s satisfaction, and the ground shall be reseeded in grasses; except that, requirements to remove access roads shall not apply to roads in existence before the WECS application was filed.  The landowner may choose to have access roads left intact with the approval of the City.

(3)   If such turbine and associated facilities are not removed within said ninety (90) days, the City may remove them at the owner’s expense.

To permit solar collectors in all zoning districts provided the following performance standards are met.

All solar collectors shall meet or exceed the current standards expressed in the adopted building codes.

(1)   A building permit is required prior to the installation of any solar collector system.

(2)   Installation on a pitched roof:

(a)   Roof-mounted solar collectors located on front or side building pitched roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 24 inches perpendicular to the point on the roof where it is mounted.

(b)   Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than four (4) feet perpendicular to the point on the roof where it is mounted.

(3)   Installation on a flat roof:

(a)   Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.

(b)   For installation of roof-mounted solar collectors on flat-roof buildings without parapets, panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment may be permitted on the roof, provided it is screened from view of the public street.  Solar collector panels are exempt from the screening provision of this subsection.

(4)   Installation on the side of a building:

(a)   In any planned zoning district or in any district requiring site plan approval, the construction or installation of any solar collection system on the side of a building shall be subject to either Final Development Plan approval or Site Plan approval by the City.

(b)   Wall-mounted solar collector panels shall not extend more than five (5) feet to the furthest extension of the solar collection panels from the wall plane on which they are installed. 

(c)   Wall-mounted solar collector panels shall not extend more than 25 percent into any required side setback or 50 percent into any required rear setback. No part of the system shall extend into any required front setback.

(d)   Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.

(5)   Ground-mounted installation:

(a)   Ground-mounted solar collectors shall not exceed eight (8) feet in total height and shall be located within the rear yard at least 12 feet inside the property line.

(b)   All lines serving a ground-mounted solar collector shall be located underground.

(6)   Parking lot light pole installation:

(a)   The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade.

(b)   Twenty (20) percent of the height of the light pole may be added above the light fixture for the purpose of installing a solar collector panel.

Be   (c)   The overall height of the parking lot light pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.