HomeMy WebLinkAbout0684 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
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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
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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
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