Springtown City Zoning Code
CHAPTER 7
SPECIAL USE PERMITS
§ 38.1 INTENT.
A.
The intent of a special use permit is to authorize and regulate a use not normally allowable in a zoning district, but if controlled as to the number, area, location, duration, or relation to the neighborhood, and if made subject to adequate development standards and safeguards established for such use during the review of a special use permit application, would promote the health, safety, and welfare of the neighborhood and the community. These permits are issued based on the decision that the use is in general conformance with the Comprehensive Plan and contingent on such requirements and safeguards as necessary to protect the public health, safety, and welfare of the adjacent landowners and the city at large.
(Ordinance 614 adopted 5/24/07)
§ 38.2 HEARING AND PROCEDURE.
A.
A person having a proprietary interest in property may request the issuance or renewal of a special use permit for the property. A special use permit may only be granted following public hearings before the Planning and Zoning Commission and the City Council in accordance with the same notice, hearing, and voting requirements as required for zoning changes in Section 33 [5] of this code.
B.
Notwithstanding the provisions of Subsection A, if a special use permit is issued for a definite term, it may be renewed in accordance with this subsection.
1.
To prevent expiration of a special use permit before the renewal process can be completed, the applicant should apply for renewal at least ninety (90) days before the date of expiration.
2.
The Zoning Administrator shall place an item on the Planning and Zoning Commission agenda for consideration, following the same notice and hearing procedures as for the original application.
3.
The Planning and Zoning Commission shall recommend renewal or denial to the City Council and it shall be placed on the next City Council meeting agenda that allows sufficient time for notice. Before consideration at a City Council meeting, the item shall be advertised as required for the original application, and the City Council shall hold a public hearing before making a decision on the matter. The same notice, hearing, and voting procedures as required for the original application shall apply.
(Ordinance 614 adopted 5/24/07)
§ 38.3 GENERAL REQUIREMENTS.
A.
Any special use permit, which is approved, shall meet the minimum requirements provided in the zoning district in which it is located.
B.
A special use permit shall automatically expire if:
1.
A building permit is not issued and construction begun within one hundred eighty (180) days of the granting of the special use permit.
2.
The use has not begun operation (if no construction is required) within one hundred eighty (180) days of the granting of the special use permit.
3.
The use is abandoned (a use which is discontinued for a period of one hundred eighty (180) days is presumed to be abandoned).
4.
The term for which the special use permit was issued has expired and it has not been renewed.
(Ordinance 614 adopted 5/24/07)
§ 38.4 ADDITIONAL INFORMATION REQUESTS.
The Planning and Zoning Commission and the City Council, in reviewing an application for a special use permit, may require that the applicant supply additional plans, special information, expert evaluations, or other information deemed reasonable concerning the location, function, and characteristics of any building or use proposed. The City Council may, in the interest of public welfare and to insure compliance with this ordinance, establish conditions of operation, location, arrangement, and type and manner of construction of any special use permit. In authorizing the location of any special use permit, the City Council may impose such development standards and safeguards which it deems advisable to protect adjacent properties or the health, safety, morals, or welfare of the community.
(Ordinance 614 adopted 5/24/07)
§ 38.5 FACTORS TO BE CONSIDERED.
In granting or denying an application for a special use permit, the City Council shall take into consideration the following factors:
A.
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
B.
Safety from fire hazard and measures of fire control.
C.
Protection of adjacent property from flood or water damage.
D.
Noise producing elements and glare of vehicular and stationary lights and effects of such lights on established character of the neighborhood.
E.
Location, lighting, type of signs, and relation of signs to traffic control and adverse effect on adjacent properties.
F.
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site in the immediate neighborhood.
G.
Adequacy of parking, as determined by requirements of this Section, for off-street parking facilities for similar uses, location of ingress and egress points for parking and off-street loading spaces, and protection of the public health by all-weather surfacing on all parking areas to control dust.
H.
Compatibility of the proposed use with surrounding and adjacent properties and whether such use will adversely affect the use and enjoyment of the surrounding and adjacent properties.
I.
Such other measures as will secure and protect the public health, safety, morals, and general welfare.
(Ordinance 614 adopted 5/24/07)
§ 38.6 MAPPING OF SPECIAL USE PERMITS.
All special use permits approved in accordance with provisions of this Title [ordinance] shall be referenced on the official zoning map by designation and sequential numbers.
(Ordinance 614 adopted 5/24/07)
§ 38.7 TEMPORARY CONSTRUCTION YARDS, FIELD OFFICES, AND OTHER TEMPORARY STRUCTURES.
Permits for temporary construction yards, field offices, and other temporary structures may be approved as a special use permit in any zoning district. The term of the temporary use shall be indicated on the occupancy permit.
(Ordinance 614 adopted 5/24/07)
§ 38.8 WIND ENERGY SYSTEMS.
A.
Purpose:
The purpose of the City of Springtown’s Wind Energy Systems Overlay District is to promote the safe, effective, and efficient use of Wind Energy Systems installed for on-site production and personal consumption of electricity.
B. ANSI Certificate of Operation dB(A) dB(x) Decibel
Generator or Alternator: Inspection: Kilowatt-Hour: Sound Pressure Sound Pressure Level Threshold of Hearing or TOH Tower Height Turbine Utility Grid Wind Energy System1. 2. Watt-Hour:
Definitions:
means the American National Standards Institute. ANSI coordinates the development of voluntary consensus standards in the United States. The Institute oversees the creation, promulgation, and use of thousands of norms and guidelines that directly impact homes and businesses in nearly every sector.
is a document that is issued by the City’s Director of Public Works or their Agent that authorizes the applicant to operate their Wind Energy System.
means the sound pressure level in decibels. The (A) refers to the weighted response scale as defined by ANSI and designed as a method for weighting the frequency spectrum to mimic the human ear.
means the sound pressure level in decibels with a flat response from 10 Hz to 10,000 Hz. It is intended to measure those sounds outside of the dB(A) weighting scale that are still considered annoying to the resident, the community, or the potential safety of nearby residents. See table B-1 below.
is the sound intensity I expressed in decibels above the standard threshold of hearing (TOH) 10. The expression is and is used to express the magnitude or relative change in sound pressure and/or sound intensity referenced to an ambient or some baseline level.
A 3 dB change is a 2X (2 times) change in audio level. |
A 6 dB change is a 4X (4 times) change in audio level. |
A 9 dB change is an 8X (8 times) change in audio level. |
A. 10 dB change is a 10X (10 times) change in audio level. |
A. 20 dB change is a 100X (100 times) change in audio level. |
Usually but not limited to an electro-mechanical device sized for specific use and used for the production of electricity. See Turbine.
A regular and/or periodic assessment of the Wind Energy System for the purpose of code compliance, operation and safety.
The kilowatt-hour (symbolized kWh) is a unit of energy equivalent to one kilowatt (1 kW) of power expended for one hour (1 h) of time.
is the amplitude of the sound energy when transmitted through a unit area in a specified direction. The pressure of the sound can be measured using a receiver device such as a sound pressure meter.
means the sound pressure mapped to a logarithmic scale with reference to noises typically found within a community, and reported in decibels (dB). See Table B-2 below.
shall be the lowest audible signal perceptible by a person without the use of mechanical or electrical devices.
shall mean the sum of the height above grade of the fixed portion of the tower or structure or supporting method used to support the turbine, plus, the maximum vertical height of the wind turbine blades, casings, or vane, whichever is higher.
shall mean all the integral parts of a Wind Energy System used for the production of electricity, including the blades, generator or alternator, casings, governors, and vane.
shall mean a Wind Energy System that was designed, built and certified to transmit excess electricity back to the electric utility grid.
Type I - Residential Wind Energy System
shall mean a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower, and associated control or conversion electronics having a rated capacity of not more than that specified in Table E-1.
Type 2 - Commercial Wind Energy Systems
[means systems] designed to generate more electricity than permitted in Table E-1 or what is necessary for on-site consumption by the consumer.
The watt-hour (symbolized Wh) is a unit of energy equivalent to one watt (1 W) of power expended for one hour (1 h) of time. The power consumption of energy in homes and businesses is usually measured in kilowatt-hours. Each 1000 watt-hours of energy consumed is equal to one kilowatt-hour.
Table B-1. Sound Pressure Levels Relative to dB(x) flat response. |
|---|
 |
Editor’s note–Table B-1 was inadvertently omitted from the adopted ordinance. The table above was provided by the city for insertion into the Code of Ordinances.
Table B-2: Examples of Sound Pressure as related to familiar sounds. | |||
|---|---|---|---|
Example Noise Source | Intensity | Intensity Level | # of Times Greater Than TOH |
Threshold of Hearing (TOH) | 1*10-12 W/m2 | 0 dB | 100 |
Rustling Leaves | 1*10-11 W/m2 | 10 dB | 101 |
Whisper | 1*10-10 W/m2 | 20 dB | 102 |
Mosquito Buzzing | 1*10-8 W/m2 | 40 dB | 104 |
Normal Conversation | 1*10-6 W/m2 | 60 dB | 106 |
Busy Street Traffic | 1*10-5 W/m2 | 70 dB | 107 |
Vacuum Cleaner | 1*10-4 W/m2 | 80 dB | 108 |
Large Orchestra | 6.3*10-3 W/m2 | 98 dB | 109.8 |
Walkman at Maximum Level | 1*10-2 W/m2 | 100 dB | 1010 |
Front Rows of Rock Concert | 1*10-1 W/m2 | 110 dB | 1011 |
Threshold of Pain | 1*101 W/m2 | 130 dB | 1013 |
Military Jet Takeoff | 1*102 W/m2 | 140 dB | 1014 |
Instant Perforation of Eardrum | 1*104 W/m2 | 160 dB | 1016 |
C.
Specific Use Permit:
1.
Type 1:
Wind Energy Systems shall be permitted by Specific Use permit in all zoning classifications where residential structures are permitted, subject to the recommendations and regulations set forth in the Section D. The procedures for consideration of an application for a Specific Use permit shall be as specified in Section 8.5 [chapter 7] of the City’s Comprehensive Zoning Ordinance.
2.
Type 2:
Utility Grid Wind Energy Systems shall be permitted by Specific Use permit in all Commercial and Industrial zoning classifications where residential structures of any sort are not allowed. The procedures for consideration of an application for a Specific Use permit shall be as specified in Section 8.5 [chapter 7] of the City’s Comprehensive Zoning Ordinance.
D.
General Regulations and Requirements:
The following general regulations apply to all Wind Energy Systems located within any zoning district. Pre-existing Wind Energy Systems lawfully in existence at the time of the enactment of this Ordinance shall be required to meet the requirements established herein should any part of the pre-existing system require replacement.
1.
Wind Energy Systems.
“Type 1” Systems are permitted within residentially zoned areas of the City. “Type 2” Systems can be installed in Commercial or Industrial zoned areas of the City.
2.
Specific Use Permit Required.
A Specific Use permit must be obtained prior to the construction or installation of a Wind Energy System. An application for Specific Use permit must be accompanied by:
A.
The appropriate permit fee as established in the City of Springtown’s Code of Ordinances, Appendix “A” Fee Schedule.
B.
A professional fee of $1000 for the purpose of engineering review, construction compliance, safety, and Certificate of Operation as established in the City of Springtown’s Code of Ordinances, Appendix “A” Fee Schedule.
C.
A site plan of the proposed Wind Energy System at a scale of 1" = 30'. The site plan should be on a single 24" x 36" sheet and include:
(1)
A survey and legal description of the proposed Wind Energy System;
(2)
A site plan view layout of the proposed Wind Energy System clearly showing:
(a)
The proposed location of the System.
(b)
All components of the System including:
1)
Generation capability.
2)
Tower rating.
3)
Wind and ice loading ratings.
4)
Underwriter Laboratory Listing.
5)
National Electric Code compliant.
6)
Lightning Arrestor or Protection methods.
7)
Man traps.
8)
Kill switches.
9)
Manufacturers’ specifications for the system and the recommended application for same.
E.
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 National Electric Code. Note that manufacturer’s claims may be insufficient and additional compliance data or material may be requested at the discretion of the City.
F.
Standard installation drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower certified by a licensed professional engineer registered in the State of Texas showing compliance with the Uniform Building Code and structure integrity sufficient to survive Zone D wind and 1" radial ice loading shall also be submitted. Note that manufacturer’s claims may be insufficient and additional compliance data or material may be requested at the discretion of the City.
G.
Evidence of notice to utility company as required by Subsection 12 below.
3.
Construction Standards.
The Wind Energy System must be designed and installed according to the manufacturer’s recommendations that cover the range of winds and ice loads for this region, and include the seal of a professional engineer registered in the State of Texas. Additionally, all components, structures, and constituents of the Wind Energy System shall comply with applicable state and local building codes and the current edition of the National Electrical Code.
4.
Maximum Height.
The tower or supporting structure shall comply with the following:
A.
The maximum height shall not exceed 1:1 aspect ratio from all property lines, setbacks, easements, and commercial power lines. Specifically the tower or structure shall be set back at least 1 foot for each foot in height.
B.
Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the Wind Energy System.
C.
Within the FAA zone surrounding any airport within the city, no tower or structure may be taller than that specified by the FAA.
5.
Location and Setback.
The tower structure of a Wind Energy System must be at least 50 feet from any primary structure and may be no closer to the property line than the highest point of the system, including the maximum height of any blades when attached thereto. No part of the Wind Energy System, including blades or guy wire anchors, may extend closer than 10 feet to property line or within any required yard setback.
6.
Primary Structure Required on Lot.
A Wind Energy System may be erected on a lot only after a primary structure has been constructed on the lot. A Wind Energy System may not be constructed on a vacant lot.
7.
Sound Pressure Levels.
Sound Pressure Levels shall not exceed 40 decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m. and 30 decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m. as measured from the most offending property line (usually from a point downwind).
8.
Lights.
All lighting not required by the FAA is prohibited.
A.
When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency.
B.
A tower structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute.
C.
Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA type L-865 or L-866), high intensity flashing white lights (FAA type L-856 or L-857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used ONLY when the FAA specifies that the specific lighting pattern is the ONLY lighting pattern acceptable to promote aviation safety and refuses applicant’s request for authorization to use the lighting required by the City herein.
D.
Upward lighting, floodlights, seasonal lighting or other lighting not strictly required by the FAA is prohibited.
9.
Signs.
No advertising or other signs shall be allowed on a Wind Energy System.
10.
Prohibited in Easements.
No portion of a Wind Energy System shall be placed in easements unless authorized by the easement holder.
11.
Screening.
A Wind Energy System shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of at least six (6) feet.
12.
Notice to utility company on grid-interconnected systems.
A.
No grid-interconnected Wind Energy System shall be installed until evidence has been given that the appropriate utility company has been informed of and has conveyed a written consent with the customer’s intent to install a grid-connected customer-owned generator.
B.
Off-grid systems shall be exempt from this requirement. No off-grid system may go on grid without compliance with “12A” above.
13.
City Building Codes/Safety Standards.
To ensure the structural integrity of a Wind Energy System, the owner of such System must ensure that it is maintained in compliance with all provisions of the City of Springtown’s building code and zoning regulations. If, upon inspection, the City concludes that a Wind Energy System fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Wind Energy System:
A.
The owner shall immediately shut down the Wind Energy System;
B.
The owner shall have thirty (30) calendar days to bring such System into compliance with applicable standards and request an inspection;
C.
Failure to bring such System into compliance within 30 days shall constitute grounds for dismissing the Certificate of Operation. For a fee, the owner shall have up to 60 additional days to reapply;
D.
After 90 days, failure to bring such System into compliance shall constitute grounds for the removal of the Wind Energy System at the owner’s expense; and
E.
This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action.
14.
Insurance Required.
Owners of any Wind Energy System must show proof of a Personal Excess Liability or Umbrella policy of not less than $1,000,000 liability per turbine device, and, loss coverage insurance that covers the wind turbine and all other Wind Energy System components due to wind, hail, or accidental demise, and such insurance coverage must be maintained at all times. Proof of such insurance coverage must be provided to the City at the time application is made for a building permit.
15.
Contained on Property.
No part of a Wind Energy System may extend beyond the property lines or required building lines of the lot on which the Wind Energy System is located.
16.
State or Federal Requirements.
All Wind Energy Systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate Wind Energy Systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the Wind Energy System governed by this Ordinance shall bring such Wind Energy System into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
17.
Maintenance.
A Wind Energy System shall be maintained at all times, including, but not limited to, mechanical and electrical systems and subsystems, painting, fencing, structural integrity, and landscaping.
18.
Removal of Unsafe Wind Energy System.
Wind Energy Systems that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be shut down immediately upon notification. If the Wind Energy System is not made safe or removed within 60 days of notification from the City, the City may remove the Wind Energy System and place a lien upon the property for the costs of the removal. However, at the recommendation of the City Engineer, the Director of Public Works may order immediate action to prevent an imminent threat to public safety or property.
19.
Abandonment.
A.
At such time as an owner plans to abandon or discontinue, or is required to discontinue, the operation of a Wind Energy System, such owner must notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
B.
In the event that an owner fails to give notice of intent, the Wind Energy System shall be considered abandoned if not operated for a continuous period of twelve (12) months.
C.
Upon abandonment or discontinuation of use, the person who constructed the Wind Energy System or the person who operated the Wind Energy System or the property owner shall physically remove the Wind Energy System within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
D.
The owner of the Wind Energy System shall pay all site reclamation costs deemed necessary and reasonable to return the site to its pre-construction condition.
E.
If a party as stated in Subsection C herein fails to remove a Wind Energy System in accordance with this Section, the City shall have the authority to enter the subject property and physically remove the “System.” Costs for the removal of the “System” shall be charged to the landowner of record in the event the City must remove it and the City may place a lien on the property for such costs of removal.
F.
Failure to remove an abandoned Wind Energy System as required by this Section shall constitute a violation and be subject to the penalties prescribed herein.
E.
Wind Energy System Sizing Guidelines:
A Wind Energy System should be sized to meet the needs of the resident. A typical home may consume from 1000 kWh to upwards of 8000 kWh in a month, and is variable with the seasons, dependent on the construction methods used to build the home, and the consumer’s personal demand.
It is recommended that a Wind Energy System should be sized to meet no more than the average demand of the applicant. The applicant’s power bill or that of a neighbor can be used to baseline the monthly kWh average.
Sizing of the generator’s hourly output in kWh is determined by dividing the average monthly consumption by 720 (720 = 24 hours in a day times 30 days in a month). Proposed systems that are larger than what is recommended in Table E-1 may require consideration beyond a typically sized system. For this reason an applicant desiring to install a system that has a generation capability greater than 5000 kWh per month requires pre-approval by the City Engineer and Director of Public Works.
Table E-1: Relative power generation Capacity per hour for average need. | ||||
|---|---|---|---|---|
Resident Monthly Average Consumption in kWh | Capacity for 50% of residential average need kW | Capacity for 75% of residential average need kW | Capacity for 100% residential average need kW | Capacity for 150% of residential average need kW |
1000 | 0.7 | 1.0 | 1.4 | 2.1 |
2000 | 1.4 | 2.1 | 2.8 | 4.2 |
3000 | 2.1 | 3.1 | 4.2 | 6.2 |
4000 | 2.8 | 4.2 | 5.5 | 8.3 |
5000 | 3.5 | 5.2 | 6.9 | 10.4 |
Note: The Italicized ratings require pre-review and approval of the City Engineer prior to submission |
(Ordinance 614 adopted 5/24/07; Ordinance 680, sec. 1, adopted 1/22/09)