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0684 Power Generating Windmill 2010CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 684 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 18.12.070, POWER GENERATING WINDMILL; PROVIDING SUPPLEMENTAL CONTROLS AND GUIDELINES RELATING TO THE ISSUANCE OF A CONDITIONAL USE PERMIT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 18.12 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following Section 18.12.070 is added to the Chubbuck Municipal Code: Power generating windmills also known as wind turbines shall be conditionally permitted in all areas within the City, subject to the following: The windmill shall be of a monopole design and shall not utilize guy wires for stability or safety. A proper building permit for the construction of the base shall be required and appropriate engineering data furnished by the applicant and/or the provider of the unit to assure adequate safety and stability of the pole. 2. The maximum height of the zone as set forth in Section 18.08.040(B) shall apply to the height of the highest point of the unit whether the highest point of the pole or the highest point of the blade. The waivers provided in Section. 18.12.020(E) shall not apply. 4. The maximum noise level at the property line between the property upon which the unit is located and adjacent property shall not exceed 55 dBA. 5. The set backs from the unit to the property line upon which the unit is located shall not be less than the maximum height of the unit as built. 6. The distance between the ground and the lowest point of any portion of the blade on the unit, while operating, shall not be less that ten feet (10'). 7. The unit shall be a nonobtrusive color such as white, off-white or gray; shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable Ordinance - Page 1 ch ubbuck122309win m it to r. wpd 11� authority and shall not disly ay advertising including flags streamerb r decorative items except for the identification of the manufacturer, facility owner and operator. 8. No ladder or other means of climbing the unit shall exist permanently between the ground and the lowest eight feet (8') of the unit so children may not readily climb the unit. 9. The installation and design of the unit shall conform to applicable industry standards, including those of the American National Standards Institute, if applicable and shall take into account local conditions. 10. All structural, electrical and mechanical components of the unit shall conform to relevant and applicable local, state and national codes. 11. If any unit is not used to generate electricity for a continuous period of 180 days, the owner of the property shall have 180 days from the expiration of the 180th day of non-use to decommission the unit which includes removing the turbine, pole and all components. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13"' day of April, 010. even M. England, ay ATTEST: Ron Conlin, City Clerk Ordinance - Page 2 ch u b b u ck 122309 wi n m i l l o r. wpd SUMMARY OF ORDINANCE NO. 684 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding section 18.12.070, Power Generating Windmill; providing supplemental controls and guidelines relating to the issuance of a conditional use permit; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 18.12 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 684 and that the summary provides adequate notice to the public of the contents of this ordinances DATED this ( day of April, 2010. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. _- Page 1 ch u bbuck04l 510ordsu m684p owergenwi ndmi I I.wpd