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N. Warren Town and County News
Norwalk, Iowa
May 26, 2011     N. Warren Town and County News
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May 26, 2011

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Page Six N/Warren Town and County News Thursday, May 26, 2011 OFFICIAL PUBLICATION City of Norwalk ORD NO, 11-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORWALK, IOWA, CHAPTER 175, BY ADDING A NEW SECTION REGULATING SMALL WIND ENERGY CONVERSION SYSTEMS BE IT ENACTED by the City Council of the City ot Norwalk, Iowa: SECTION 1. NEW SECTION. The Code of Ordinances of the City of Norwalk, Iowa, Chapter 175 is amended by adding a new Section 17.04.370, entitled SMALL WIND ENERGY CONVERSION SYSTEMS, which is hereby adopted to read as follows: 17.04.370 SMALL WIND ENERGY CONVERSION SYSTEMS A. Intent: The intent of {his section is to balance the need for clean, renew- able energy resources and the necessity to protect the public health, safety and welfare of the community.The City finds these regulations are necessary to en- sure that small wind energy conversion systems are appropriately designed, sited and installed. B. Definitions Height, Total System: The height above grade of the system, includ- ing the generating unit and the highest vertical extension of any blades or rotors. " J" Height, Tower: The height above grade of the fixed portion of the tower, excluding the generation unit and attached blades or rotors. Off Grid: An electrical system that is not connected to a utility distri- bution grid. Shadow Flicker: Changing light intensity caused by sunlight through the moving blades of a wind energy conversion system. Small Wind Energy Conversion System, Building Mounted: An SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turnfastened to the principal building. Small Wind Energy Conversion System, Horizontal Axis: A small wind energy conversion system that has blades which rotate through a horizon- tal plane. Small Wind Energy Conversion System (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to fifteen (16) kilowatts for residential uses and districts and which is incidental and subordi- =,,.pmate to a principal use on the same parcel. A system is considered an SWECS only if it supplies electrical power solely for use by the owner on the site, except that when a parcel on which the system is installed also received electrical power supplied by a utility company, excess electrical power gener- ated and not presently needed by the owner for on site use may be used by the utility company in accordance with section 199, chapter 15.11 (5) of the Iowa Administrative Cede, as amended from time to time. Small Wind Energy Conversion System, Vertical Axis: A small wind energy conversion system that has blades which rotate through a vertical plane. Tower: The vertica} component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. Wind Energy Conversion System (WECS): An aggregation of parts including the base, tower, generator, rotor, blades, supports, guywires and ac- cessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electncal energy, e.g., wind charger, windmill or wind turbine. Wind Tuie (ereraior:The component of a wind energy conver- sion-system tha  trom the wind into electrical energy. C. General Regulations: 1. Special Use: A small wind energy conversion system (SWECS) shall be allowed only as a special accessory use to a permitted principal use or ap- proved permitted special principal use, 2. Permit Required: a. It shall be unlawful&apos;to construct, erect, install, alter or locate any SWECS within the city of Norwalk, unless a permitted special use permit has been obtained from the boaof adjustment. The permitted special use permit may be revoked by resolution of the board of adjustment any time the approved system does not comply with the rules set forth in this chapter and the condi- tions imposed by the board of adjustment. The owner/operator of the SWECS must also obtain any other permits required by other federal, state and local agencies/departments prior to erecting the system. 3.Tower: Only monopole towers shall be permitted for freestanding SWECS. Lattice, guyed or towers of any other type shall not be considered to be in com- pliance with this section. 4. Instailatioh: Installation must be done according to manufacturer's recom- rnendations. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. w-', 5. Number of Systems Per Zoning Lot:. No more than one SWECS may be placed on any residential estate or'single-family residential zoned lot. Building mounted SWECS shall be prohibited on any parcel or lot containing a one- or two-family use. 6. Engineer Certification: Applications for any SWECS shall be accompa- nied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineedng analysis of the tower showing compli- ance with the applicable regulations and certified by an Iowa licensed profes- sional engineer shall also be submitted. 7. Location: a. No part of an SWECS shall be located within or over drainage, utility or other established easements, or on or over property lines. b. A SWECS shall be located entirely in the rear yard. c. A SWECS shall not beJooats<Hn any required setback. d. A SWECS shall be located in compliance with the guidelines of applicable federal aviation administration (FAA) regulations as amended from time to time. e. No SWECS shall be constructed within twenty feet (20") laterally of an overhead electrical power line (excluding secondary elec'trk service lines or service drops.) The setback from underground electric distribution lines shall be at least five feet (5'). 8. Color: The SWECS shall be a neutral color such as white or light gray. ll=Oher colors may be allowed at the discretion of the board of adjustment. The • . surface shall be nonreflective. 9. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure. 10: Lighting: No lights shall be installed on the tower, unless required to meet FAA regulations• 11. Signage: No signage or advertising of any kind shall be permitted on the tower or any associated structures. 12. Climbing Apparatus: All climbing apparatus shall be located at least ten feet (10') above ground, and the tower must be designed to prevent climbing within the first ten feet (10'). 13. Maintenance: Facilities shall be welt maintained in an operational condi- tion that poses no potential safety hazard. 14. Displacement Of Parking Prohibited: The location of the SWECS shall not result in tle net loss .of required parking as specified in Chapter 17/40 of this Zoning Code of Ordinances. 15. Utilii, Notification: No SWECS shall be installed until evidence has been given that ,-e ility company has been informed of the customer's intent to - install an in1:rconnected customer owner generator. Off grid systems shall be exempt fr.or '.hi. equirement. 16. I nte,::,' ection: The SWECS, if interconnected to a utility, system, shaJI meet the rer, i- rents for interconnection and operation as set forth by the util- tt,j=and the I, r, ttilities board. 17, Restriotion On Use of ElectdcityGenerated: An SWEC, S shall Je used exclusively to supply electrical power generated by the SWECS and not pres- ently needed for on site use may be used by the utility company in accordance with section 199, chapter 15.11 (5) of the Iowa Administrative Code. 18. Noise: Except during short term events including utility outages and se- vere wind events, an SWECS shall be designed, installed and operated so that the noise generated does not violate noise levels as defined in 40 of the Norwalk Code of Ordinances. 19. Safety Controls: Each SWECS shall be equipped with an automatic and manual braking, goveming, or feathenng system to prevent uncontrolled rota- tion, over speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid. 20. Shutoff: A clearly marked and easily accessible shutoff for the wind tur- bine will he required as determined by the fire marshal. 21. Electromagnetic Interference: All SWECS shall be designed and con- structed so as not to cause radio, wireless internet, cellular phone and television intederence, ff it is determined that the SWECS is causing electromagnetic in- terference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the apprepdate city authority. A permit granting an SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. 22. Wind Access Easements: The enactment of this section does not consti- tute the granting of an easement by the city. The owner/operator shall acquire covenants, easements, or similar documentation to assure sufficient wind to operate the SWECS unless adequate accessibility to the wind is provided by the site. 23. Insurance: The owner/operator of an SWECS must demonstrate liability insurance of not less than one million dollars ($1,000,000.00) coverage. 24. Compliance With National Electnc Code: Applications for SWECS shall be accompanied by a line drawing of the electrical components in sufficient de- tail to allow for a determination that the manner of installation conforms to the national electrical code. 25. Removal: If the SWECS remains nonfunctional or inoperative for a con- tinuous period of one year, the system shall be deemed to be abandoned. The owner/operator shall remove the abandoned system at their expense• Removal of the system includes the entire structure, transmission equipment and fencing from the property excluding foundations. Non function or lack of operation may be proven by reports from the interconnected utility. For off grid systems the city shall have the right to enter the property at is sole discretion to determine if the off grid system is generating power. Such generation may be proven by use of an amp meter. The owner/operator and successors shall make available to the director of development services or their designee all reports to and from the purchaser of energy from the SWECS if required, the director of development services or designee shall notify the owner/operator in writing. 26. Right of Entrance: As a condition of approval of a permitted special use permit an applicant seeking to install SWECS shall be required to sign a petition and waiver agreement which shall be recorded and run with the land granting permission to the city of Norwalk to enter the property to remove the SWECS pursuant to the terms of approval and to assure compliance with the other con- ditions set forth in the permit. Removal shall be at the expense of the owner/ operator and the cost may be assessed against the property. D. Bulk Regulations: 1. Setbacks:The minimum distance between any'SWECS and any property line shall be a distance that is equivalent to one hundred fifty pement (150%) of the total system hight.The setback shall be measured from the property line to the point of the SWECS closest to the property line. 2. Minimum Lot Size: The minimum lost size for an SWECS shall be one acre. 3. Maximum Height: Height shall be measured from the ground to the top of the tower, including the wind turbine generator and blades. Manmads earth berms, terraces, and retaining walls that elevate the wind turbine shall be considered a part of the turbine. a. For lots of more than one and fewer than three (3) acres, the maximum height shall be sixty five feet (65'). b. For lots of three (3) to seven (7) acres, the maximum height shall be eighty feet (80'). c. For lots of more than seven (7) acres the maximum height shall be one hundred feet (100'). 4. Maximum Blade Diameter: The maximum diameter of the blades for an SWECS shall be twenty feet (20'). 5. Clearance Of Blade: No portion of a horizontal axis SWECS blade shall extend within thirty feet (30') of the ground. No portion of a vertical axis SWECS shall extend within ten feet (10') of the ground. No blades may extend over park- ing areas, ddveways or sidewalks. No blade may extend within twenty feet (20') of the nearest tree, structure or aboveground utility facilities. E. Application Required: 1. Application for SWECS shall be made on forms provided by the city of Norwalk. No action may be taken regarding requests for SWECS until completed applications have been filed and fees paid. SECTION 2. SEVERABILITY CLAUSE. ff any section, provision or part of this ordinance in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILFrY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section, prevision or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 21 day of Apdl, 2011, and approved this 21 day of Apdl, 2011. /slDoug Pierce, Mayor ATTEST Jeff Rosien - City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 351-Z AN ORDINANCE AMENDING N COUNTY ZONING ORDINANCE TO AMEND THE CODE OF ORDINANCES IS AS FOLLOWS. BE IT AND IT IS HEREBY ENACTED by the Warren County Board of Supervi- sors: ARTICLE L PURPOSE: The purpose of this Ordinance is to amend the Warren County Zoning Ordinance as indicated, ARTICLE II. AMENDMENT: The amendment is as follows: WARREN COUNTY, IOWA CHAPTER 47 TITLE V-PROPERTY AND LAND USE CHAPTER 47 HISTORIC PRESERVATION 47.11 HISTORIC PRESERVATION OVERLAY DISTRICT REGULATIONS. The H PD Oveday Districts (Historic Prese .nr_'_ation and Devalopment Oveday Districts) are intended to protect and preserve areas and structures that have been deemed historically signifcant in unincorporated areas of the County. 1 Overlay District Regulations Defined. An overlay district regulation imposes additional regulations on preexisting district regulations as found in this Ordi- nance, and restricts such preexisting regulations. 2 Hist0ricaUv Significant Areas and Structures Defined. For the purposes of this Ordinance, a structure or area is deemed to be historically significant if: A. The area or structure has been found to be a "Historic District" or a"Historic Landmark" as defined by Ch.pters 47.02(8) and 47.02(9) of the Warren County Zoning Ordinance, by a study undertaken by the Warren County Histodc Preser- vat/on CO (HPC) upon its own initiative, as permitted by Chapter 47.04(1) of the Warren County Zoning Ordinance. . Pdncioal permitted Uses. In addition to uses permitted by prior applicable zoning regulations, only the use of structures or land listed in this section shall be permitted in the HPD Oveday Districts: those areas and structures deemed historically significant in unincorporated areas of the County. These include, but are not limited to, the following: A. Structures, such as churches, homes, or buildings, which have been deemed histodcally significant by the HPC. B. Land that has been declared a "Historic District" as defined by Chapter 47.02(8) of the Warren CountyZoning Ordinance. C. Land that has been declared a =Historic Landmark" as defined by Chapter 47.02(9) of the Warren County Zoning Ordinance. . Permitted AccassoW Uses. A. Uses of land or structures customarily incidental and subordinate to one of the permitted pnncipal uses, unless otherwise excluded. B. Uses of land or structures permitted under any previous zoning classifica- tion, provided they do not interfere with the historic character or nature of the structure or area. _5.,. SPecial Use Permits HPD. The following uses may be permitted in the HPD Overlay Districts subject to approval by the Board of Adjustment after notice and public hearing and subject to the conditions in subsection 6 of this section: A. Any uses permitted under prior applicable zoning regulations subject to ap- proval by the Beard of Adjustment after notice and public hearing and subject to any conditions set forth in such regulations remain permitted in the HPD Overlay Districts. B. In addition, the following uses are permitted subject to approval by the Board of Adjustment after notice and public hearing by recommendation of the HPC and subject to any conditions set forth by the Board: 1. The demolition of any building or structure deemed histoncally significant by the HPC; 2. The renovation, reconstruCtion, alteration, addition, or any other conspicu- ous change, including general maintenance, of any building or structure deemed historically significant by the HPC; 3. The construction of a principal or accessory building on areas deemed his- todcally significant by the HPC. . Conditions for Snecial Use Permits. In its determination upon the particular use at the location requested, the HPC & the Board of Adjustment shall consider all of the following conditions: A. That the proposed location, design, construction and operation of the par- ticular use adequately safeguards the health, safety and general welfare of per- sons residing or working in adjoining or surrounding property; B. That such use shall not impair an adequate supply of light and air to sur- rounding property; C. That such use shall not unduly increase congestion in the streets or public danger of fire and safety; 13. That such use shall not diminish or impair established property values in adjoining or surrounding property; E. That such use shall not diminish the historically significant nature of the location requested; E That such use shall be in accord with the intent, purpose, and spirit of the Zoning Ordinance and the Comprehensive Land Use Plan of the County. 7. Applications for Special Use Permits. Applications for a special use permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for buildings and structures, the areas to be developed for parking, the locations of driveways and the points of ingress and egress, including access roads where required, the location and height of wails, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities. The application must also comply with all procedures, re- quirements and prerequisites set out in Chapters 47.05 and 47.06 of the Warren County Zoning Ordinance. Before issuance of a special use permit (or any ot the above buildings or uses, the Board of Adjustment shall review the conformity of the proposal and site plan with the standards for the Comprehensive Land Use Plan, and with recognized principles of engineering design, land use planning and landscape architecture. The Board may approve or disapprove the special permit as submitted or, before the Board deems necessary to the end that it preserve the intant and purpose of the Zonieg Ordinsnce to promote pablic health, safety and the general welfere. In the event a special use permit is granted under the terms of this section, any change thereafter in the approved sue or site plan shall be resubmitted and considered in the same manner as the original proposal. 8. Procedure for Obtainina HP Overlay Desianation. iareas or structures as HP Overlay Districts is to be obtained through  to the HPC. The HPC shall then serve notice and hold a public hent to § 331.305 of the Code of Iowa, after which it shall make a  to the Board of Supervisors. The Board of Supervisors shall then approvi.deny the HPC's recommendation after notice and public headng pursuant to1.305 of t code of iowa. ,• i ARTICLE III. ZONING ORDINANCE. That the Warren  (,ng Ordi- nance iS hereby repealed so as to change the reclassification as se above. • ARTICLE IV. WHEN EFFECTIVE. This Ordinance shall be in effect after its passage and approval and publication as required by law. Passed and approved this 15 = day of March, 2011. ATTEST: WARREN COUNTY BOARD OF SUPERVISORS /s/Traci VanderLinden Is/Douo Shull TRACi VANDERLINDEN DOUG SHULL, Chair AYE /s/Steve Wilson STEVE WILSON, Vice-Chair AYE IS/Dean Yordi DEAN YORDI Member AYE In-Floor ~ Geothermal Heating "Insured & Certified" (515) 989-0106 SALES - SERVICE ~ REPLACEMENT BATHROOM REMO;3EL