Longview City Zoning Code
CHAPTER 19
79 SMALL WIND ENERGY SYSTEMS
§ 19.79.010 Purpose.
The purpose of this chapter is to facilitate the installation and construction of small wind energy systems in the city of Longview, subject to reasonable restrictions to protect life, health, safety and to minimize visual impacts.
(Ord. 3245 § 1, 2013)
§ 19.79.020 Definitions.
As used in this chapter the following terms shall have the meanings indicated:
(1)
"FAA"
means the Federal Aviation Administration.
(2)
"Small wind energy system (SWES)"
means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes any of the following to accomplish this production: a wind turbine, rotor blades, tower, foundation, and associated control or conversion electronics, which has a rated capacity of not more than 20 kW and which is intended to primarily reduce on-site consumption of utility power.
(3)
"Wind turbine total height"
means the distance measured from the grade plane to the tip of the rotor blade when extended vertical to its highest point.
(4)
"Wind turbine"
means any of the parts of the small wind energy system including, but not limited to, the rotor blades, generator, housing, tail, guyed wire, foundation or other items necessary to erect, maintain or operate a small wind energy system.
(Ord. 3245 § 1, 2013)
§ 19.79.030 Applicability.
The requirements set forth in this chapter shall govern the siting and permitting of small wind energy systems used to generate mechanical or electrical energy to perform work, and which may be connected to the utility grid pursuant to Chapter 80.60 RCW (Net Metering of Electricity), serve as an independent source of energy, or serve as part of a hybrid system.
(Ord. 3245 § 1, 2013)
§ 19.79.040 Regulatory framework.
(1)
A SWES may be installed for the production of energy if it:
(a)
Uses as its fuel wind;
(b)
Is located on the power beneficiary's premises;
(c)
Is intended primarily to offset part or all of the beneficiary's requirements for electricity; provided, excess energy may be sold on the utility grid; and
(d)
Is accessory to the beneficiary's use of the premises for other lawful purposes.
(2)
A SWES on a tower may be installed in any land use zone of the city of Longview, except the downtown commerce district and the portion of the civic center district located south of Maple Street, per the requirements as given in Table 19.79.040 – 1.
Table 19.79.040 – 1 | ||||
|---|---|---|---|---|
Lot Size | Number of Towers Per Lot | Pole Type | Total Height1 | Setbacks2 |
0 – 2.5 acres | 1 | Monopole | Maximum 40 feet | 1.1 times height |
> 2.5 acres | 1 | Monopole, guyed, lattice | Maximum 60 feet | 1.1 times height |
1 Total height shall be the distance measured from the grade plane to the tip of the rotor blade when extended vertical to its highest point. |
2 As measured from the lot lines of the subject property. |
(Ord. 3245 § 1, 2013)
§ 19.79.050 General requirements.
(1)
The following visual appearance, lighting and power line requirements shall apply to all SWES:
(a)
Wind turbines shall be painted a nonreflective, nonobtrusive color. Small wind energy towers shall maintain galvanized steel, brushed aluminum, white or gray finish, unless FAA standards require otherwise.
(b)
At SWES sites, the design of buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the SWES to the natural setting and the existing environment.
(c)
No SWES shall be artificially illuminated, except to the extent required by the FAA or other applicable authority. One yard light may be attached to the tower. The yard light shall be located no more than 25 feet above ground level and shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which it is placed.
(d)
No SWES shall be used for displaying any advertising except for reasonable identification of the manufacturer. The manufacturer's identification sign can be no larger than one square foot in size. This limitation on advertising shall not apply in commercial zones; provided, that the advertising is otherwise in compliance with the provisions of Chapters 16.13 and 19.46 LMC.
(e)
Electrical controls, control wiring and power lines shall be wireless or underground after reaching grade from the turbine and extending away from the base of the tower. Wiring may be exposed vertically from the turbine to the base of the tower.
(2)
Guyed, lattice and monopole towers are allowed to support wind turbines per the limitations as outlined in Table 19.79.040 – 1.
(3)
In addition to the setback requirements given in Table 19.79.040 – 1, the following setback requirements shall apply:
(a)
At the time of application, each SWES tower shall be set back from the nearest nonparticipating building structure (i.e., buildings on neighboring land) a distance no less than one and one-half times its total height.
(b)
Communication and Electrical Lines. Each SWES tower shall be set back from the nearest above-ground public or private nonparticipating electric power line or telephone line a distance no less than one and one-half times its total height, determined from the existing power line or telephone line or easement.
(c)
Setbacks shall be measured to the outer edge of the base of the SWES tower structure. Guy cables and other accessory support structures may be located within setback areas.
(4)
Audible sound due to SWES operations shall not exceed 55 dBA for any period of time, when measured at the property line of any abutting property. The sound level may, however, be exceeded during short-term events such as utility outages and/or severe wind storms.
(5)
The rotor blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the rotor blades.
(6)
The following safety requirements shall apply to all SWES.
(a)
Wind turbine towers shall not be climbable up to 12 feet above ground level.
(b)
All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar means. All access doors to electrical equipment shall remain locked unless access is necessary.
(c)
Appropriate warning signage (i.e., electrical hazards) shall be placed on SWES equipment.
(d)
All SWES shall be equipped with manual and/or automatic overspeed controls to limit rotation of the rotor blades to a speed below the designed limits of the system.
(e)
Any SWES found to be unsafe by the building official shall be repaired by the landowner to meet federal, state and local safety standards. Any SWES found to be unsafe shall be taken down and removed or made safe, as the building official deems necessary and as provided for in the city building code relative to unsafe structures and equipment.
(7)
All SWES shall comply with the Longview Municipal Code and all applicable federal and state requirements.
(a)
All SWES must comply with all regulations of the Federal Aviation Administration (FAA), including any necessary approvals for installations close to airports.
(b)
All SWES shall comply with all applicable sections of the Washington State Building Code and adopted International Building Codes.
(c)
All SWES shall comply with requirements per the Washington State Department of Labor & Industries (L&I) and the current adopted edition of the National Electrical Code (NEC).
(d)
All SWES that are connected to the utility grid shall comply with the requirements of Chapter 80.60 RCW, Net Metering of Electricity.
(Ord. 3245 § 1, 2013)
§ 19.79.060 Permit application requirements.
In addition to all other building permit application requirements, the following items shall be provided by the applicant for a SWES building permit application.
(1)
Description of the project including specific information on the type, size, rotor material and diameter, rated power output, performance, safety, and maximum noise characteristics of the system, including name and address of the manufacturer, model and serial number.
(2)
A site plan showing:
(a)
The planned location of the SWES on the parcel and type and location of any associated support structures.
(b)
The location of and distance to all SWES setback lines, property lines, roads, adjacent properties, ROWs, any overhead utility and/or communication lines on the subject property and adjacent properties within 300 feet of the SWES base, and easements.
(c)
The location of all buildings on the parcel and immediately adjoining parcels, including the building(s) use.
(3)
A scaled representation of the SWES showing the system height and rotor diameter and evidence that the proposed height does not exceed the height recommended by the manufacturer of the system or any limitation contained in this chapter.
(4)
Structural drawings and an engineering analysis from the SWES manufacturer or a licensed professional showing compliance with the current adopted Washington State Building Code and International Building Code. The engineering analysis must include a complete analysis of the tower, the tower foundation and the connection of the tower to the foundation. The engineering analysis must be completed by a licensed engineer certified to practice in the state of Washington.
(5)
Description of emergency and normal shutdown procedures.
(6)
If a SWES is intended to be connected to the utility grid, the applicant must provide written documentation that the provider of electrical service to the property has been notified of and agrees to the intent of the applicant to install an interconnected electricity generator to the electricity grid.
(Ord. 3245 § 1, 2013)
§ 19.79.070 Building-mounted SWES.
(1)
If a building-mounted system is proposed, the roof and/or wall of the structure shall be certified by a licensed professional engineer to be structurally sufficient to support the proposed SWES under all applicable design requirements.
(2)
In all zoning districts, one building-mounted wind turbine is permitted per the following standards:
(a)
The rotor blade tip is no less than eight feet and no more than 15 feet from the highest point of the roof.
(b)
The rotor blade can be no more than 3.3 feet in diameter.
(c)
The SWES may be located on the primary building or an accessory building. However, no portion of the SWES shall encroach within 25 feet of the front property line, 15 feet of the rear property line and 10 feet of the side property lines.
(3)
For zoning districts other than the R-1, R-2 and TNR districts, a SWES system with more than one wind turbine may be allowed upon receiving a special property use permit per Chapter 19.12 LMC.
(Ord. 3245 § 1, 2013)
§ 19.79.080 Windmills used to pump water.
Windmills used to pump water are a permitted use in the R-1 residential district provided the windmill meets the standards in this chapter except for those standards specifically relating to the generation of electricity.
(Ord. 3245 § 1, 2013)
§ 19.79.090 Height limit – Windmills for aesthetic purposes only.
In all residential zoning districts, windmills constructed for aesthetic purposes only shall not exceed a total height of 20 feet.
(Ord. 3245 § 1, 2013)
§ 19.79.100 Abandonment requirements.
(1)
At any time a SWES is scheduled to be abandoned or is discontinued, as later described, the owner shall notify the director or designee by certified U.S. mail. Upon abandonment or discontinuation of use, the owner shall physically remove the SWES within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the discretion of the director or designee. The term "physically remove" shall include, but not be limited to:
(a)
Removal of the wind turbine and tower and related above grade structures.
(b)
Restoration of the location of the SWES to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(2)
In the event an owner fails to give such notice as required in subsection (1) of this section, the building official, code enforcement officer or designee may presume an SWES is abandoned or discontinued if it has been out-of-service, or not generating power, for a continuous six-month period. If any SWES is not operational for a period of six consecutive months, the director or designee may issue a notice of abandonment to the owner of the SWES. The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date. The building official, code enforcement officer or designee may withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides sufficient information to demonstrate that the SWES has not been abandoned.
(3)
If the owner fails to respond to the notice of abatement or if after review by the director or designee it is determined that the SWES has been abandoned or discontinued, the owner of the SWES shall remove the SWES at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the SWES after the notice of abandonment procedure, the city shall have the authority to enter the subject property and physically remove the SWES and to recover costs associated with that removal from the property owner.
(Ord. 3245 § 1, 2013)
