HomeMy WebLinkAbout028407 ORD - 11/10/2009Page 1 of 22
ORDINANCE
AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING
NEW DEFINITIONS IN SECTIONS 3-1, BY REDESIGNATING
SUBSECTION 3-1.64.1 AS SUBSECTION 3-1.64.2, BY
REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS
SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3-1.65.2 AND 3-
1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION
29-3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW
STANDARDS FOR THE INSTALLATION AND SITING OF WIND
ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING
CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE
PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the development and use of renewable energy sources and investments in
energy efficiency will enhance energy productivity and security; offer clean, reliable, and
affordable energy technologies, and increase choices available to the City of Corpus
Christi residents;
WHEREAS, with proper notice to the public, a public hearing was held on Wednesday,
December 10, 2008, August 5, 2009, September 30, 2009, and October 14, 2009,
during meetings of the Planning Commission, and on Tuesday, October 27, 2009,
during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of
Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the City Council has determined that the adoption of this ordinance best
serves the general welfare of the City and its citizens by providing a regulatory base for
the construction and operation of wind energy units in the City of Corpus Christi, subject
to reasonable restrictions, which will preserve the public health and safety;
WHEREAS, the City of Corpus Christi will coordinate planning for wind energy projects
with public and privately -owned electric utility companies, with independent developers
and with state and federal agencies, including but not limited to, the Texas Public
Utilities Commission, Texas General Land Office, Texas Parks and Wildlife Department,
U.S. Fish and Wildlife Service, Army Corps of Engineers, and the Texas Natural
Resource Conservation Commission among others;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. Section 3-1 of the Corpus Christi Zoning Ordinance is amended by
redesignating subsection 3-1.64.1 as subsection 3-1.64.2, redesignating and revising
subsection 3-1.67.3 as subsection 3-1.67.4; adding new subsections 3-1.10.1, 3-1.23.1,
02840'
Wind Energy System Ordinance 10302009a
Page 2 of 22
3-1.32.1, 3-1.36.1, 3-1.48.1, 3-1.52.2, 3-1.58.4, 3-1.64.1, 3-1.64.7, and 3-1.67.3; and
revising subsections 3-1.65.2 and 3-1.65.5, to read as follows:
ARTICLE 3. DEFINITIONS
Section 3-1 Words used in the present tense include the future, words in singular
number include the plural number, and words in the plural number include the singular;
the word "building" includes the word "structure;" the word "shall" is mandatory and not
directory. In the interpretation of this Ordinance only, and no other certain terms and
words are hereby defined as follows:
3-1.10.1
3-1.23.1
Building/Structurally-Mounted Wind Energy Unit. A small wind energy
unit for permanent mounting and operating on a building or other
structure. Building or structurally -mounted units may not exceed 10 kW in
manufacturer rated power.
*
*
Fall Radius. The fall area for a wind energy unit is measured by using the
total height of the tower as the radius around the center point of the base
of the tower.
* * *
3-1.32.1 Grid System. The transmission and distribution system created to deliver
the supply and demand of electricity for consumers.
*
3-1.36.1 Horizontal Axis Wind Energy Unit. A wind energy unit that utilizes a
generator shaft that is horizontal (parallel) to the ground.
3-1.48.1
3-1.52.2
Medium Wind Energy Unit. A wind energy conversion unit consisting of
one wind turbine and designed to supplement other electricity sources for
existing buildings or facilities, from which the power generated is used for
on-site consumption. A medium wind energy conversion unit has a total
rated capacity of 20 kW to 100 kW.
* * *
Rated Capacity. The maximum rated output of electric power production
equipment. This output is typically specified by the manufacturer with a
"nameplate" on the equipment.
Wind Energy System Ordinance 10302009a
3-1.58.4
Page 3 of 22
Small Wind Energy Unit. A wind energy conversion unit designed to
supplement other electricity sources for existing buildings or facilities, from
which the power generated is used for on-site consumption. A small wind
energy conversion unit has a total rated capacity of up to 20 kW.
* * *
3-1.64.1 Survival Wind Speed. The maximum wind speed, as designated by the
wind energy unit manufacturer, at which a unit, in unattended operation
(not necessarily producing power) is designed to survive, without damage
to any structural equipment or components of the system, or Toss of the
ability to function normally.
3 1.64.1 3 1.64.2 Taverns, Lounges, or Bars. A use engaged in the retail sale of
alcoholic beverage, for on -premise consumption provided the
establishment derives more than 75 percent of the establishment's gross
revenue from the on -premise sale of alcoholic beverages. A tavern,
lounge, or bar may include entertainment providing such entertainment is
enclosed within the building structure.
3-1.64.7
* * *
Total Unit Height. The distance from the grade to the highest point on
the unit or tower, including the vertical length of any extensions, such as
the rotor blade:
a. For horizontal axis wind energy units, the distance between the
ground and the highest point of the rotor blade in its vertical, upright
position;
b. For vertical axis wind energy units, the distance between the
ground and the highest point of the shaft
* * *
3-1.65.2 Tower / Turbine, Guyed. Any telecommunications tower or wind energy
unit supported in whole or in part by cables anchored to the ground.
3-1.65.5
*
Tower, Self-supporting Lattice. A telecommunications or wind energy
unit which consists of an open network of metal braces forming a tower
which is usually triangular or square in cross-section.
* * *
Wind Energy System Ordinance 10302009a
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3 1.67.3 Wind Energy System. A wind energy conversion system or similar
3-1.67.3
3-1.67.4
rotors.
Vertical Axis Wind Energy Unit. A wind energy unit that utilizes a
generator and shaft that is positioned vertical (perpendicular) to the
ground.
Wind Energy Unit. A shaft, gearing belt, or coupling utilized to convert
the rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity producing device to convert the mechanical
energy of the surface area into electrical energy, and the associated,
tower, pylon, or other supporting structure, and rotor blades or other
device. Wind energy units may consist of several units forming a wind
energy system.
*
SECTION 2. The Corpus Christi Zoning Ordinance is amended by adding a new Article
27D to read as follows:
ARTICLE 27D WIND ENERGY CONVERSION UNITS
27D-1 Purpose. The purpose of this article is to facilitate the siting, installation, and
construction of small and medium wind energy conversion units within the City of
Corpus Christi, subject to reasonable restrictions, which will preserve the health
and safety of the public, ensure compatibility with surrounding land uses, and
provide guidelines in the protection of listed species.
27D-2 Applicability.
27D-2.1 The requirements of this article apply within the City of Corpus Christi
where all wind energy conversion units used to generate electricity or
perform work that may be connected to a utility grid, serve as an
independent source of energy, or serve as a hybrid system.
27D-2.2 Wind energy units in place prior to (EFFECTIVE DATE OF ORDINANCE)
are not required to meet the requirements of this article.
27D-2.3 However, any pre-existing wind energy unit that is not producing energy
for a continuous period of 6 months must meet the requirements of this
article prior to recommencing production of energy.
Wind Energy System Ordinance 10302009a
27D-2.4
27D-2.5
Page 5 of 22
Any physical modification to an existing and permitted wind energy unit
that materially alters the size, type, power output, or number of wind
energy units, or other equipment, requires a permit modification from the
City.
Accessory Use. Accessory use for this article refers to the stipulation
that the energy generated by a wind energy unit must be used onsite and
any additional energy produced above the total onsite demand can only
be sold to an electrical utility that normally provides electrical power to the
property.
27D-2.6 Wind Energy Farms. The leasing of land or establishment of wind
energy units on land for the commercial sale of wind energy is prohibited
within the City limits.
27D-3 Requirements for all Wind Energy Units.
27D-3.1
Certification. All wind energy units must be approved under an Emerging
Technology program, such as the California Energy Commission, IEC, or
any other small and medium wind certification program recognized by the
American Wind Energy Association (AWEA) or the U.S. Department of
Energy.
27D-3.2 Permits. All wind energy units require a Building Permit, Electrical Permit,
and Development Services review by the City.
27D-3.3 Inspection. All wind energy units must be inspected by the City's Building
and Electrical Inspectors.
27D-3.4 Permit Issuance. The Development Services review must be performed,
and the Building Permit, Electrical Permit, and if applicable, Special Use
Exception Permit, must be issued prior to the mounting, pouring of a
concrete pad, or construction and assembly of the wind energy unit.
27D-3.5 Agency Review. All wind energy units are subject to permit review and
consultation with all applicable State and Federal agencies having
jurisdiction and listed under Section 27D-6.
27D-3.6 Survival Wind Speed. All wind energy units and associated components,
including, but not limited to, generator, rotor blades, or other components
and covers, must be constructed of materials and be installed to meet or
exceed the minimum wind resistant construction standards of the Texas
State Department of Insurance Wind Load Factors for the Corpus Christi
area and the Corpus Christi Building Code.
Wind Energy System Ordinance 10302009a
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27D-3.7 Setbacks.
(A) All required setbacks are measured from the property line or utility
easement, if present and applicable, and subject to Section 27D-
4.4.
27D-3.8
(B) If an Applicant is able to present evidence that the proposed wind
energy system has been engineered with a break-point along the
tower, the City may determine that the measurement of the length
of the longest segment following a break at the break-point can be
used in determining the fall radius and setback.
Controls and brakes. All wind energy units must have automatic and
manual braking systems, that engage at the maximum wind speeds
allowable as designated for the type of wind energy unit installed, to
prevent uncontrolled rotation and excessive pressure on the tower
structure, rotor blades, turbine components, or supporting and mounting
structu res.
27D-3.9 Maintenance. The owner and operator of a wind energy unit must
maintain the unit to manufacturer standards. All required periodic
maintenance must be performed as recommended by the manufacturer.
27D-3.10 Appearance. All wind energy units must maintain a non -reflective finish.
27D-3.11 Signs. Advertising or identification of any kind on wind energy conversion
units is prohibited.
27D-3.12 Wiring.
(A) Storage. All electrical wires associated with a freestanding wind
energy conversion unit must be located on or within the tower or
supporting structure in a manner that minimizes their visibility, and
must be installed in compliance with the Corpus Christi Electrical
Code.
(B) Installation. All transmission wires must be installed underground
and comply with the City of Corpus Christi's Electrical Code.
27D-3.13 Lighting. Wind energy units may not be artificially lighted, unless
requested or required by the Federal Aviation Administration.
27D-3.14 Restrictive Covenants and Easements. Wind energy units may not be
located in violation of any restrictive covenants and private restrictions on
the properties where they are located.
27D-3.15 Flood Elevations. All electrical and mechanical equipment associated
with a wind energy unit must meet the Base Flood Elevation requirements
Wind Energy System Ordinance 10302009a
Page 7 of 22
of the "Flood Hazard Prevention Code" under the City's Chapter 14,
Development Services Code.
27D-4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits.
27D-4.1 Permitted Use/By Right.
(A) All applications for wind energy units as a Permitted/By Right use
are subject to permit review and the requirements of Sections 27D-
2, 27D-3, 27-D4.1, 27D-4.3, 27D-4.4, 27D-5, 27D-6, 27D-7, 27D-8,
and 27D-9.
(B) Wind energy units are allowed as an accessory use to a building or
structure requiring energy, and as a Permitted/By-Right use on
platted lots as follows:
1) Single -Family, Two -Family, and Townhouse Residential Use
Districts. The following standards apply to the single-family,
two-family, and townhouse residential uses in zoning
districts RE, RA, R -1A, R-1 B, R-1 C, R-TH, R-2, A-1, A -1A,
A-2, AB, B-1, B -1A, B-2, B -2A, B-4, or BD:
a) One building or structurally -mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines.
b) In addition to building or structurally -mounted units,
one small free-standing unit is permitted on any lot
originally platted as one acre (43,560 sq. ft.) in size or
greater, the total unit height of which may not exceed
55 feet above the natural grade, with a fall radius that
falls within the property lines.
2) Multiple -family Residential Use Districts. The following
standards apply to the multiple -family residential uses in
zoning districts A-1, A -1A, A-2, AT, AB, B-1, B -1A, B-2, B -
2A, B-4, or BD:
a) One buildinq or structurally -mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
Wind Energy System Ordinance 10302009a
Page 8 of 22
b) In addition to building or structurally -mounted units,
one small free-standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
3) Neighborhood Business and Light -Industrial Use Districts.
The following standards apply to the neighborhood business
and light -industrial uses in zoning districts AB, B-1, B -1A, B-
2, B -2A, B-3, 1-1, or 1-2:
a) One building or structurally -mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally -mounted units,
one small free-standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
4) Primary Business and Heavy -Industrial Use Districts. The
following standards apply to the general business, heavy -
industrial, and agricultural uses in zoning districts B-4, B-5,
B-6, or 1-3:
a) One building or structurally -mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally -mounted units,
one small free-standing unit is permitted on a platted
lot, the total unit height of which may not exceed 85
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
5) Agricultural Use Districts. The following standards apply to
the agricultural uses in zoning district F -R:
Wind Energy System Ordinance 10302009a
Page 9 of 22
a) One building or structurally -mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite. Each building that is at least
1,500 sq. feet that requires energy may have a
building or structurally -mounted unit.
b) In addition to building or structurally -mounted units,
two small free-standing units are permitted on a
platted lot, the total unit height of which may not
exceed 85 feet above the natural grade, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
27D-4.2 Special Use Exception Permit.
(A) All applications for wind energy units under a Special Use
Exception Permit are subject to permit review and the requirements
of Sections 27D-2, 27D-3, 27-D4.2, 27D-4.3, 27D-4.4, 27D-5,
27D-6, 27D-7, 27D-8, 27D-9, and 29-3.13. The Zoning Board of
Adjustment shall apply the following additional standards during
their review:
(B) All Special Use Exception Permits issued for a wind energy unit are
for the life of the system, and with the exception of the replacement
of parts for the repair of an existing unit, any replacement in the
model, height, or power output of the unit requires an amendment
to the existing Special Use Exception Permit.
(C) Wind energy units, which are in addition to any wind energy units
allowed by right under 27D-4.1, are allowed as an accessory use to
a building requiring energy on platted lots under a Special Use
Exception Permit as follows:
1) Single -Family, Two -Family, and Townhouse Residential
Use Districts. One small free-standing unit is permitted on
any lot platted as less than one acre (43,560 sq. ft.) in size,
provided that the total unit height may not exceed 55 feet
above the natural grade and the unit will fall within the
property lines, in the following zoning districts RE, RA, R -1A,
R-1 B, R-1 C, R-TH, R-2, A-1, A -1A, A-2, AB, B-1, B -1A, B-2,
B -2A, B-4, or BD, when the property is being used for single-
family, two-family, or townhouse residential uses.
Wind Energy System Ordinance 10302009a
27D-4.3
Page 10 of 22
2) Multiple -family Residential, Neighborhood Business,
and Light -Industrial Use Districts. One medium free-
standing unit is permitted on any lot platted as four or more
acres in size, provided that the total unit height may not
exceed 55 feet above the natural grade and the unit will fall
within the property lines, in the following zoning districts A-1,
A -1A, A-2, AT, AB, B-1, B -1A, B-2, B -2A, B-3, BD, 1-1, or 1-2,
when the property is used for multiple -family residential
uses, neighborhood business, and light -industrial uses.
3) Primary Business and Heavy Industrial Use Districts.
One medium free-standing unit is permitted on any lot
platted as four or more acres in size, provided that the total
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts B-4, B-5, B-6, or 1-3, when the property is
used for general business or heavy -industrial uses.
4) Agricultural Use Districts. Two medium free-standing
units are permitted on any lot platted, provided that the total
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts F -R, when the property is used for
agricultural uses.
Additional Unit Allowances. Additional wind energy units are permitted
on platted lots in the districts listed below through the Special Use
Exception permitting process. The Zoning Board of Adjustment shall
apply the following additional standards during their review:
(A) Requests for additional small or medium wind energy units on a site
above what is permitted in Sections 27D-4.1 and 27D-4.2 above,
can be considered as an accessory use by the City's Zoning Board
of Adjustment in the:
1) F -R, B-5, B-6, and 1-3 Zoning Districts.
2) A Planned Unit Development (PUD) with at least four
acres. The Assistant City Manager, Development
Services, or designee, shall submit a
recommendation on whether the application is
consistent with the plans for the PUD.
3) A platted development with at least four acres of
common areas, subject to the standards established
for the uses and underlying zoning districts under
Sections 27D-4.1 and 27D-4.2.
Wind Energy System Ordinance 10302009a
Page 11 of 22
(B) For all requests made for additional units for the uses and the
zoning districts listed under this section, the applicant must be able
to show that the additional unit or units are required to power the
buildings or facilities that the additional units are being requested
for, and the energy production of the additional units does not
exceed the building or facility electrical power demand onsite by
more than 50% of the peak annual demand.
(C) Additional units can be approved for those -the districts listed in
Section 27D -4.3(A). except F -R, at a ratio of one additional small or
medium unit for every additional four acres, and one additional
small or medium unit for every additional five acres for agricultural
uses in an F -R district.
27D-4.4
(D) Additional units granted by the Board of Adjustments must meet the
standards of this Article, and the review standards of Section 29-
3.13.
Additional Setbacks, Clearance, and Height Requirements. All wind
energy units must be located under the following setback and clearance
requirements, measured from the center of the supporting structure base:
(A) Yards. No wind energy unit may be located in any required front
yard, located between a principal building and a required front yard,
or located in front of the front building line of the principal
residential, commercial, agricultural, rural, or industrial building on
the lot served by the wind energy unit.
(B) Vertical Ground Clearance. The blade tip of any wind energy unit
at its lowest point, must have a ground clearance of no less than 12
feet for a vertical axis wind energy unit, and 25 feet for a horizontal
axis wind energy unit, as measured at the lowest point of the
turbine unit for a vertical axis unit, or lowest point of the arc of the
blades for a horizontal axis unit.
(C) Communication and Electrical Lines. Each wind energy unit
must be set back a minimum distance of 100% of the total unit
height from any right-of-way, or public or private easement where
above ground structures or utility lines exist, or are likely to exist,
without proof of the lawful consent of the easement owners.
(D) Professional Engineer Certification. The maximum height of any
structurally -mounted or freestanding wind energy unit will be
dependent upon the results of the structural engineering plans,
performed by a registered Texas State Engineer.
Wind Energy System Ordinance 10302009a
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(E) All Maximum Heights. Maximum heights for all wind energy units
may not exceed the manufacturer's height recommendations for the
unit.
27D-5 Prohibitions and Nuisance Abatement.
(A) Prohibited Models. The following wind energy units are prohibited
in all zoning districts:
(1) Guyed or latticed towers for small, or medium wind energy
units:
(2) Experimental, homebuilt, prototype models, or any model not
listed on the City's list of approved manufacturers and
models.
(B) Signal Interference.
(1) Prevention. The manufacturer or wind energy unit
representative must take into consideration the proposed
location of the wind energy unit and certify that the siting of
the wind energy unit will not interfere with any of the
following:
(a) Existing microwave communications links.
(b) Existing fixed broadcast, retransmission, or reception
antenna (including residential reception antenna) for
radio, television, wireless phone, or other personal
communication systems.
(c) Military or civil navigational or defense radar signals.
(2) Military Base Facilities. Wind energy units are prohibited
in areas deemed critical as navigational and defense radar
sensitive areas by any military facility or installation.
(3) Mitigation. Operation of wind energy units must be
discontinued if such interference occurs after the
construction, until such time as the interference is mitigated
for or eliminated.
+(C) Sound Emissions.
(1) The sound levels emitted by all wind energy units at all the
neighboring property lines may not exceed the sound levels,
or be in violation of, any of the standards established under
the City's Chapter 31 "Noise" Ordinance.
Wind Energy System Ordinance 10302009a
Page 13 of 22
(2) Sound Level Complaints. All noise nuisance complaints will
be processed by the City in accordance with the standards
and requirements of the City's Chapter 31 "Noise" Ordinance
and may require the owner of the wind energy unit to cease
operation of the unit until the complaint has been resolved
and the unit has been brought into compliance.
(€)�D1 Security.
(1) Ground Clearance. The bottom of a freestanding tower or
mounting structure, measured from ground level to 15 feet
above ground level, must be designed in a manner to
discourage unauthorized climbing.
(2) Access. All access doors to wind turbine towers and
electrical equipment must be lockable.
R(E) Enforcement.
(1) Safety. Any wind energy unit found to be unsafe by the
local Building Official must be repaired by the owner within
60 days of the Building Official's notice to meet Federal,
State, Local and manufacturer safety standards, and the
standards of this section.
(2) Notice. If any wind energy unit is not operated for at least a
continuous period of 6 months due to operational difficulties
or abandonment, the landowner shall provide the City the
reasons for the operational difficulty or abandonment and
provide a reasonable timetable for corrective action, or
removal of the wind energy unit as outlined under Section
27D-7.
(3) Resolution. If the Assistant City Manager, Development
Services or designee deems the timetable for corrective
action as unreasonable, the Assistant City Manager,
Development Services or designee, may notify the
landowner or operator, who shall remove the wind energy
unit within 6 months of receipt of notice from the Assistant
City Manager, Development Services or the designee.
27D-6 Agency Cooperation, Review, and Compliance. All proposed wind
energy units are subject to the following agency reviews during the siting,
application, site plan review, and permitting processes:
(A) Federal Aviation Administration (F.A.A.) Requirements. All
proposed wind energy units are subiect to the F.A.A.'s
requirements.
Wind Energy System Ordinance 10302009a
Page 14 of 22
(B) Naval Air Station (NAS) & Military Bases and Airports. Wind
energy units proposed within military Accident Potential Zones, Air
Installation Compatibility Use Zones, or that may interfere with
military or civilian Navaid or defense radar systems will require
review by the Federal Aviation Administration.
(C) State and Federally Protected Species and Wetlands. All
proposed wind energy units are subject to review by State and
Federal agencies responsible for the protection of listed species,
migratory bird species, wetlands, and state waters. Permit review
may require proof of consultation with jurisdictional agencies and
additional biological assessments may have to be performed on the
proposed site if it is determined by the reviewing agency that
protected species are likely to be impacted on the site.
(1) Sanctuaries. Any wind energy unit proposed within one
mile from desiqnated Bird Sanctuaries, Preserves, Wildlife
State or Federal Parks, or Wildlife Resource or Management
Areas, require consultation and review by the Texas Parks
and Wildlife Department and the U.S. Fish and Wildlife
Service and may require mitiqation or permitting measures
by the applicant.
(2) Protected Species. Any wind energy unit proposed within
an area inhabited by a protected species or their associated
rookeries, Ieks, breeding, or foraging grounds, require
consultation and review by the Texas Parks and Wildlife
Department and the U.S. Fish and Wildlife Service and may
require mitigation or permitting measures by the applicant.
(3) Wetlands. Wind energy units proposed within the
boundaries of any jurisdictional wetlands/waters require
consultation and review by the Army Corp of Engineers and
the Texas General Land Office.
(4) Utility Notification. No wind energy unit that has the ability
to be connected to a power grid may be installed until the
applicant has provided evidence of compliance with all State
laws and provides a copy of the "Application for
Interconnection and Parallel Operation of Distributed
Generation", as may be amended or replaced in the future,
that has been fully executed and approved by the electric
utility company.
(5) Permit Issuance. The applicant must show consideration
of, and proof of compliance with these agencies if required,
prior to receiving a Building Permit, Electrical Permit, or
Wind Energy System Ordinance 10302009a
27D-7 Decommissioning.
27D-7.1
27D-7.2
27D-7.3
Page 15 of 22
Special Use Exception Permit for the wind energy unit from
the City.
Useful Life. The wind energy unit is presumed to be at the end of its
useful life if no electricity is generated for a continuous period of 6=12
months.
Responsibility. The property owner or operator shall, at their sole
expense, complete decommissioning of the wind energy unit within 6
months from the time it is determined that the wind energy unit has met
the end of its useful life as outlined in -2-743-74A) 27D-7.1.
Required Action. Decommissioning must include removal of the entire
wind energy unit, including buildings, cabling, electrical components, and
any other associated facilities.
27D-7.4 Remediation. Disturbed earth must be graded and re -seeded.
27D-8 Application Requirements.
27D-8.1
An application for approval of a wind energy unit must include plans and
specifications sufficient to show that the proposed wind energy unit
complies with the standards under this article. An application may not be
deemed complete unless it includes the following items:
(A) Permit Application: Original signatures are required for the
applicant and all co -applicants applying for the Special Use
Exception Permit, Building Permit, and Electrical Permit. If the
applicant or co -applicant is represented by an agent, the original
signature of the property owner authorizing the agent to represent
the applicant and/or co -applicant is required. The following
information must be included on the application under the project
description:
(1) An estimate of the total on-site electrical demands and the
approximate generating capacity of the wind energy unit.
(2) The name of the certified manufacturer and model proposed
for use from the City's list of certified manufacturers and
models.
(3) The height of the wind energy unit to be constructed.
(4) The phone number and name of a responsible person for the
public to contact with inquiries and complaints throughout
the life of the project.
Wind Energy System Ordinance 10302009a
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(B) Site Plan. Two copies of a site plan submitted for a small or
medium wind energy unit submitted on a minimum size of 8W X
14" sheets, with the requirement that all of the submittal
requirements listed under this section are included on additional
site plan sheets. The site plan must include the following
information:
(1) Leqal description, including lot and block, metes and
bounds, and address of the project site.
(2) Adjacent land uses and zoning designations.
(3) The locations of all easements, rights-of-way, building, front,
side, and rear zoning lot setback lines, locations of all
existing buildings, fences, and overhead utility lines on the
property.
(4) The exact location and orientation of each wind energy unit
within the site and the direction of the prevailing winds.
(C) System Design Drawings. Certified and sealed engineered
drawings prepared by a professional Engineer registered in the
State of Texas are required, and must include the following
information:
(1) Engineering design specifications of the wind energy unit,
including the tower and supporting structure, base, footings,
and the unit components, showing compliance with the City's
Building Code.
(2) Drawings that indicate the total finished wind enerqy unit
heights from the grade level prior to any modifications,
including any engineered break points along the tower.
(3) The wind survival speed of the entire unit and supporting
structure, including turbine, rotor blades, covers, and other
components.
(4) Data pertaining to the tower or supporting structure's safety
and stability, including any safety results from test facilities.
(5) A copy of the manufacturer's installation instructions.
(6) Building or Structurally -Mounted Systems.
(a) The certified and sealed engineering plans prepared
by a professional Engineer registered in the State of
Texas must show how the wind enerqy unit will be
Wind Energy System Ordinance 10302009a
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installed for the portions of the structure proposed for
use in the mounting of the unit.
(b) The engineering plans must state and show that the
proposed wind energy unit is compatible with the
portions of the mounting structure proposed for use.
(D) Written Statements and Additional Documentation. In addition
to the site plan, applications for all wind energy units must include
proof of the following in the form of written statements:
(1) A statement verifying that the small or medium wind energy
conversion unit will be used solely for on-site consumption of
electricity, and any additional energy produced above the
total onsite demand can only be sold to an electrical utility
that normally provides electrical power to the property.
(2) A statement indicating what safety precautions and
emergency plan the applicant proposes to utilize in a storm
event greater than Category I (74 mph winds).
(3) A statement from any architectural review board, property
owners', or homeowners' association that the proposed unit
complies with association requirements and restrictions if
applicable.
(4) A statement that the project site is, or is not, within a
protected area surrounding an airport or air installation
where air traffic may be a consideration affecting the
installation of the unit, if required. (The applicant shall
provide evidence of compliance with any applicable aviation
regulatory requirements).
(5) Copies of any City, State, Federal, or Military reviews,
permits, licenses, biological opinions,
biological/environmental assessments, records of decision,
memoranda of understanding, exemption, variance, or other
authorization or approval related to the proposed wind
energy project, if required.
(6) Copy of the manufacturer's scheduled maintenance
requirements for the proposed unit.
(E) Grid -tied systems. For wind energy units that will be connected to
an electrical grid, a copy of the fully executed "Application for
Interconnection and Parallel Operation of Distributed Generation" is
required, as described in 27D -6(C1(4) above, approved by the
electric utility service provider that serves the proposed site
Wind Energy System Ordinance 10302009a
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indicating that the applicant has been approved for the installation
of a wind energy conversion unit.
27D-9 Review Standards.
27D-9.1
SECTION 3.
follows:
29 3.13
The applicant's submittal for a Building Permit, Electrical Permit, and
Special Use Exception Permit must demonstrate compliance with the
following standards under this section, in addition to the Special Use
Exception Permit review standards under Section 29-3.13(C)(3).
(A) Public Safety. The proposed wind energy unit must be designed
and operated to protect public safety by measures that may
include, but are not limited to, the following:
(1) The proposed wind energy unit must be designed,
constructed, and operated so the public cannot come within
close proximity to turbine blades and electrical equipment.
(2) The proposed wind energy unit must be designed, sited,
constructed, operated, and maintained to prevent the
structural failure of the system or blades that could endanger
the public's safety.
(B) Other Properties. The wind energy unit may not adversely affect
the uses of adjoining and adjacent properties.
(C) State, Federal, Military, and Civil Requirements. The proposed
wind energy unit has been designed, sited, and will operate in
compliance with the regulations, codes, statutes, and laws of all
Local Government, Military, State, and Federal agencies.
Section 29-3.13, Corpus Christi Zoning Ordinance is revised to read as
Wind energy systems are applicable in any zoning district providing the
(1) Wind energy systems shall be located on a parcel that is, at a
(2) The total system height of a wind energy item may not exceed a
maximum height of one hundred and ten (110) feet measured at the top of
the blade.
Wind Energy System Ordinance 10302009a
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utilized on a wind energy system shall be twenty five (25) feet, as
measured at the lowest point of the arc of the blades.
be a one hundred and ten (110) foot separation between each, measured
at the base of the structure.
measured at the closest property line.
ORhundred MO) mph.
(8) Roof top mounted wind generators are prohibited.
(9) The wind energy system will not adversely affect the uses of adjacent
29-3.13 Wind Energy Conversion Units. The review process for a Special Use
Exception for a wind energy unit is as follows:
(A) Concurrent Site Plan Submittal.
(1) The application for a Special Use Exception for a wind
energy unit must include a site plan as outlined under
Section 27D-8.1.
(2) The Board of Adjustment may not approve, approve with
conditions, or deny a Special Use Exception application until
after the site plan has been reviewed by the City's
Development Services Department.
(B) Development Services Review.
(1) The City's Development Services Department must review
the application and, considering the review criteria under this
article, make a recommendation to the Board of Adjustment.
(2) The Assistant City Manager, Development Services or
designee shall be responsible for making a recommendation
in the event an agreement on a recommendation from the
development review committee cannot be reached.
Wind Energy System Ordinance 10302009a
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(C) Board of Adjustment Action.
(1) The Board of Adjustment must take final action on the
Special Use Exception for a wind energy unit within 45 days
from the date the recommendation of the Director of
Development Services is made.
12) In the event the Board of Adjustment fails to act within 45
days, the application for the Special Use Exception for a
wind energy unit shall be deemed, in all things, denied.
(3) Review Standards for a Wind Energy Unit Special Use
Exception. In determining whether to approve, approve with
conditions, or disapprove a Special Use Exception for a wind
energy unit, the Board of Adjustment must consider and
make a specific finding on each of the following criteria:
(a) The use conforms in all respects to the regulations
and standards found in the City's Zoning and Platting
Ordinances.
(b) The impact of the use on public infrastructure, such
as roads, natural gas, water, storm water, and
wastewater systems, and on public services, such as
police and fire protection and solid waste collection,
can be minimized without negatively impacting
existing uses in the area and in the City.
(c) The physical appearance, hours of operation, and
conduct of the use does not generate excessive
noise, dust, smoke, glare, spillover lighting, or other
forms of environmental or visual pollution, or
otherwise detrimentally affect the residential character
of the area or adjacent areas.
(d) The use takes adequate measures to control or
eliminate smoke, dust, gas, glare, hazardous
materials, noise, or vibration caused by operations.
(e) The use complements and is compatible with the
surrounding uses and community facilities.
(f) The use does not substantially affect adversely the
uses of adjacent and neighboring property.
(g) The use is not detrimental to the public's health,
safety, or general welfare.
Wind Energy System Ordinance 10302009a
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SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of
August, 1973, as amended from time to time, except as changed by this ordinance and
any other ordinances adopted on this date, remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning
Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive
Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by
this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it may not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 8. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35-3, Corpus Christi Zoning
Ordinance.
SECTION 9. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 10. This Ordinance shall take effect upon and after publication of this
Ordinance.
Wind Energy System Ordinance 10302009a
Page 22 of 22
That the foregoing ordina ce was read for the first time and passed to its second
reading on this the ,. %day of .4 ,i let, , 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Priscilla Leal
John E. Marez
Nelda Martinez
Larry R. Elizondo, Sr. --- Mark Scott
Kevin Kieschnick
That the Vregoing or inanceVwas read for the second time and passed finally on this
the % day of NVi. , 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED this the /Olay of M4/€04be,C) , 2009.
ATTEST:
Armando Chapa
City Secretary
Joe Adie
Mayor
APPROVED: 3rd day of November, 2009:
R. ay eining
First Assistant City Attorney
For City Attorney
Wind Energy System Ordinance 10302009a
' 8 4 0 7
EFFECTIVE DAT
Wovuc&r 167 4006/