Memorandum 16-054 Small Wind Energy Systems and Towers

Memorandum 16-054

TO:                       MAYOR WYTHE AND HOMER CITY COUNCIL

THROUGH:       KATIE KOESTER, CITY MANAGER

FROM:                 RICK ABBOUD, CITY PLANNER

DATE:                  March 17, 2016

SUBJECT:         DRAFT ORDINANCE AMENDING HOMER CITY CODE 21.03.040, DEFINITIONS USED IN ZONING CODE, HOMER CITY CODE 21.05.030, MEASURING HEIGHTS, AND HOMER CITY CODE 21.70.010, ZONING PERMIT REQUIRED; REPEALING HOMER CITY CODE CHAPTER 21.58, SMALL WIND ENERGY SYSTEMS; AND ENACTING HOMER CITY CODE CHAPTER 21.58, TOWERS AND RELATED STRUCTURES.

 Introduction

After two-years of work we now have a draft tower ordinance to present to the City Council.

Current state of tower regulation.

Currently, a communication facility falls under Public Utility Facility and Structures in Homer City Code (HCC) by definition this includes Telecommunications Tower or Antenna, neither of which have any further definition.  Public Utility Facility and Structures fall under general Conditional Use Permit (CUP) procedures. This is problematic for several reasons (besides the debate on what is considered “public”). With no definition of what constitutes a tower, staff is left to recommend permits and conditions as they see fit. This has meant that only very large towers or those that constitute the primary use of a lot were getting CUP’s. It also meant that issues unique to towers were identified by staff and commissions and not found in code. Some concerns might only be explored after public testimony. This could leave an applicant uncertain of what they might have to address in a meeting and could cause delays when a commission discovered they wished to address items which the applicant had not prepared.

Ordinance review

This ordinance provides definition of towers, information needed for application, and the standards for operation. In some instances towers will be exempt from regulation.   For example, no addition permits will be necessary for equipment placed on a building up to ten feet above an existing roof line or for independent towers not exceeding 35 feet.  Federal regulation guides opportunities for existing towers to expand. This ordinance sets maximum heights within each district for which a Conditional Use Permit is not required. If an applicant wishes to exceed the maximum height, they must go through a public meeting process (similar to box stores) and submit a CUP. This is to help encourage towers in place and manner where they may be most appropriate. Below is a summary of the ordinance:

Definitions unique to towers. Lines 17-47.
Exemptions including equipment not more than 10ft. above and existing structure, amateur radio, lighting rods, temporary uses, and colocation/replacement as outlined.   Lines  58-124.  
Tower heights by district. Towers at or under these heights in the respective districts would be permitted through the Planning Office. These are not subject to public notice and CUP requirements but still are subject to all other application requirements/standards unique to towers.   Lines 132-146.
Application requirements. This includes site plan requirements, an explanation of why the location is necessary, an explanation of why a colocation is not possible, proof that the tower is at minimum height necessary, a map of existing and proposed towers, a detailed list of components, an analysis of visual impacts, a certificate that the tower is designed to recognized industry standards, evidence that the tower meets FCC and FAA standards, and public hearing material when necessary.   Lines 148-186. *This section is admittedly the most challenging for the planning office to review especially considering if a tower is the minimum height necessary. It will be up to the City Planner when or if to use outside review, as we do not have someone on city staff that is trained to definitively verify all of these conditions. The cost of outside review will may exceed the cost of the current commercial permit. Future consideration might be for an appropriate fee when outside consultation is required.
Tower standards. General site standards are designed to address safety and visual concerns. This includes tower setbacks of 1.1 times its total height of the tower to the lot line that contains a dwelling or place of public assembly as listed.  Lines 189-228. *This setback was debated at length by the Planning Commission. They hold that it is a paramount requirement to ensure safety of those dwelling or assembling near these structures. It also avoids what might be considered an encumbrance of the enjoyment of private property (used for the listed purposes) found within the 1.1 fall zone.
Towers that need a CUP will require a neighborhood meeting prior to the CUP hearing. This is similar to the process for large retail.  Lines 230-252.
Review criteria for the application. This requires that the application needs to comply with the requirements of this code and provides the federally mandated timeline for acting upon an application. Lines 255-281.
Removal requirements. This requires removal of a tower when it is abandoned or presenting a safety hazard. Lines 284-290.
Article II. This is a housekeeping procedure that moves the current code related to Small Wind Energy Systems. No change in this code is proposed. Lines 283-359.
Exemption from zoning permits for towers under 35ft. and amateur radio towers. Lines 373-374.

Recommendation:

The Homer Advisory Planning Commission recommends that the Homer City Council adopt this draft Ordinance.

Attachments

Draft Ordinance and backup material from Planning Commission.