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1 ORDINANCE NUMBER 3443 AN ORDINANCE OF THE MISSOULA CITY COUNCIL REVISING THE MISSOULA CITY ZONING ORDINANCE, TITLE 20, CHAPTER 20.45 (ACCESSORY USES AND STRUCTURES), SECTION 20.45.080 REGARDING THE INSTALLATION OF WIND ENERGY CONVERSION SYSTEMS WITHIN CITY LIMITS. BE IT ORDAINED that the Missoula City Zoning Ordinance, Title 20, Chapter 20.45, Section 20.45.080 be amended and enacted to state as follows: 20.45.080 Small Wind Energy Conversion Systems A. Applicability Unless otherwise expressly stated, the regulations of this section apply to all ground-mounted small wind energy conversion systems. B. Definition A WECS as defined in 20.100.010 with a power-related capacity of no more than 25 kW that is primarily intended to produce power for on-site consumption, as a supplement to utility power or in lieu of utility power. Small wind energy conversion systems may also be connected to the electric utility for the purpose of “net metering.” C. Where Allowed 1. Small wind energy conversion systems are allowed as of right as an accessory use in all zoning districts except as otherwise expressly stated. 2. Only one small wind energy conversion system is allowed per lot, provided that up to 3 small wind energy conversion systems may be allowed on a single lot if approved through the conditional use process. Multiple small wind energy systems may not be approved on R-zoned lots of less than 80,000 square feet in area. D. Location, Setbacks and Height 1. Unless otherwise expressly stated, all small wind energy conversion systems shall be set back from all property lines by a distance at least equal to 1.1 times the overall height of the system, measured from existing grade to the highest point of the system structure, which includes the tip of the top blade when the blade is in its highest position. 2. Small wind energy conversion systems may not be located within drainage, utility or other established easements. 3. No portion of a system may extend on or over a property line. Blades may not extend over driveways, parking areas, sidewalks or trails. 4. The lowest point of any moving elements, such as blades or vanes, must be at least 20 feet above the ground beneath such feature for horizontal axis wind energy conversion systems and at least 10 feet above the ground beneath such feature for vertical axis wind energy conversion systems. 5. All power transmission and telemetry lines from the tower to any building or other structure must be placed underground. 6. Small wind energy conversion systems must comply with the height limits of the subject zoning district. Systems may exceed zoning district height limits by up to 33% if the system is setback from all property lines by a distance at least equal to 1.5 times the overall height of the system, measured from existing grade to the highest point of the system structure, which includes the tip of the top blade when the blade is in its highest position. A small wind energy conversion system ---PAGE BREAK--- 2 that exceeds the maximum height allowed in the subject zoning district shall only be approved through the conditional use procedure of 20.85.070. E. Operational and Performance Standards 1. Operational noise may not exceed 55dB at the property line except during short term high wind speed events such as storms. 2. All systems must be equipped with manual and automatic (mechanical or electrical) over-speed controls to limit the blade rotation speed to within the design limits of the system. 3. Towers, rotors and turbines may not be illuminated unless required by a state or federal agency, such as the FAA. F. Design 1. Lattice type towers and towers using guy wires are prohibited. 2. All structures and equipment must maintain factory colors or be finished in a non-reflective, matte finished, neutral color. 3. No commercial messages may be placed or painted on the tower, rotor, turbine, generator or tail vane that is legible from off-site. This provision is not intended to prohibit warning signs or manufacturer’s logos. 4. For horizontal axis wind energy conversion systems, all climbing pegs, ladders and similar apparatus on freestanding towers must be located at least 12 feet above the ground at the base of the structure. G. Building and Electrical Codes Small wind energy conversion systems are subject to Missoula building and electrical codes. H. Required Information The following information must be submitted with a zoning compliance permit (or conditional use) application for a wind energy conversion system: 1. A description of the system, including its maximum power-rated output capacity. 2. The make, model, an illustrative photograph or brochure, manufacturer’s specifications including noise data (decibels) for the proposed wind energy conversion system, the support structure, and method of attachment to the ground and/or structure. ---PAGE BREAK--- 3 3. Elevation drawing of the wind energy conversion system showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of climbing apparatus. 4. Site plan illustrating the property upon which the wind energy conversion system is proposed for construction, including the parcel dimensions, any existing structures, any required system or building setbacks, and any existing and/or proposed easements and/or rights-of way encumbering the property. 5. If the wind energy conversion system is not certified as meeting the IEEE 1547 standards (Institute of Electrical and Electronic Engineers), then an assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication is required (from an electrical engineer). I. Maintenance and Abandonment 1. Identification Tag: Any wind energy conversion system must have permanently affixed to it a permit identification tag. This tag must consist of such material that the tag itself and the identifying copy on it must remain permanent and legible. The tag must be of such size and affixed in such a location on the wind energy conversion system so as to allow inspection of the tag from the ground by the Building Official. The owner of the system is responsible for acquiring the ID tag and attaching it to the apparatus, as well as maintaining the tag as stated in 20.45.080(I)(2). 2. Maintenance: All wind energy conversion systems and their identification tags, supports, braces, mechanical and electrical equipment, and associated apparatus must be kept fully operable and maintained in a safe, neat, and clean condition. Any wind energy conversion system that is in a state of disrepair and a threat to public safety must be dismantled by the property owner at the discretion of the Building Official. Failure to comply with the maintenance provisions of this section constitutes a violation and is subject to enforcement proceedings under 20.95. 3. Abandonment: Any wind energy conversion system that is not operated within a continuous period of 12 months or more must be dismantled by the property owner at the discretion of the Building Official. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED BY a 11 Ayes, 0 Nays, 1 Abstain, 0 Absent, vote and APPROVED by the Mayor this 4th of October, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)