81-8874 Wind GeneratorsORDINANCE NUMBER 81-8874
(Published in The Salina Journa]��e bfz 25 , 1981)
AN ORDINANCE ALLOWING WIND ENERGY CONVERSION SYSTEMS (WIND GENERATORS)
AS A PERMITTED ACCESSORY USE IN ALL ZONING DISTRICTS UNDER CERTAIN RESTRICTIONS,
AMENDING SECTION 36-402(1) OF THE SALINA CODE AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That Section 36-402(1) of the Salina Code is hereby
amended to read as follows:
"Sec. 36-402(1). Permitted accessory uses include, but are not
limited to the following:
(a) A structure for storage incidental to a permitted use,
provided no such structure that is accessory to a
residential building shall exceed one hundred sixty (160)
square feet in gross floor area, the use shall be in keeping
with the principal structure, and provided that no such
structure is located in the front yard setback;
(b) A child's playhouse, provided it shall not be more than one
hundred twenty (120) square feet in gross floor area;
(c) A detached garage, provided that no part of such structure
is located in the front yard setback;
(d) A private swimming pool and bathhouse, provided that no part
of such structure or use is located in the front yard
setback;
(e) In the RS District only, a guest house (without kitchen
facilities) or rooms for guests in an accessory building,
provided such facilities are used for the occasional housing
of guests of the occupants of the principal building, and
not as rental units, for permanent occupancy as housekeeping
units and provided that no part of such structure is located
in the front yard setback;
(f) Statuary, arbors, trellises, barbecue stoves, flagpoles,
fences, walls and hedges;
(g) Fallout shelters, provided that they shall not be used for
any principal or accessory use not permitted in the zoning
district and provided that no part of such structure is
located in the front yard setback;
(h) Signs, when permitted by Article IX of this chapter and by
the individual district regulations;
(i) Off-street parking and loading spaces, as permitted by
Article X of this chapter;
(j) Restaurants, drugstores, gift shops, clubs, lounges and
newsstands, when located in a permitted hotel, motel or
office building;
(k) Employee restaurants and cafeterias, when located in a
permitted business, manufacturing or industrial building;
(1) Outdoor storage or overnight parking, in a residential
district, of boats, boat trailers, or recreational vehicles,
provided such storage does not constitute a traffic or
safety hazard, and buses when associated with a church or
school and parked no closer than fifty (50) feet from any
adjacent residential district;
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1
(m) Wind Energy Conversion Systems (WECS) under the following
restrictions:
(1) The minimum distance from all zoning lot lines to any
tower, pole or other support base of the WECS shall be
determined by the following table:
Rotor Diameter (feet)
5
10
15
20
25
30
35
40
Setback Distance (feet)
100
165
220
270
310
340
365
385
Intermediate rotor size distances shall be interpolated.
The WECS shall not be located in any required yard.
(2) The WECS shall not cause interference to microwave
communications or radio and television reception in the
area. Noise levels measured at the lot line shall not
exceed 60 dBA in a residential zone.
(3) To limit climbing access to a WECS tower, or other support
structure, a six foot (6`) high fence with locking portal
shall be placed around the WECS support or if a tower is
utilized, the tower climbing apparatus shall be limited to
no lower than twelve feet (12') from the ground or the WECS
support may be mounted on a roof top.
(4) All blades of a WECS shall be constructed of non-metallic
substances. If the applicant can prove, in written form,
that no electromagnetic interference will result, a metal
content of up to 25% will be acceptable.
(5) The WECS shall be located in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport
approach (15.503) and clearance around VOR and DVOR stations.
(6) Height of the WECS shall not exceed the maximum height
restriction in the zone where it is located by more than
twenty feet (20'). The height of the WECS shall be measured
at the center of the blade diameter.
(7) Data pertaining to the WECS's safety and structural
integrity shall be certified by a licensed engineer and
filed with the building permit application. The tower or
support and top adaptor shall meet the restrictions specified
in the city's building code.
(8) The WECS, if interconnected to a utility system, shall meet
the requirements for interconnection and operation as set
forth in the electric utility's current service regulations
applicable to WECS.
(9) A plot plan shall be submitted with the application for
building permit showing the proposed location and height of
the WECS, fencing and all existing buildings within 200 feet
of the exterior lot lines.
(10) The owner/operator shall provide covenants, easements or
similar documentation to assure sufficient wind to operate
the WECS unless adequate accessability to the wind is
provided by the site.
(11) The owner/operator shall certify that the WECS does not
violate any covenants of record.
(12) The applicant shall provide a certificate of liability
insurance. Annually the owner/operator shall present
evidence to the Zoning Administrator that said liability
insurance is still in effect."
Section 2. That the existing Section 36-402(1) of the Salina Code is
hereby repealed.
Section 3. This ordinance shall be in full force and effect upon
adoption and publication once in the official city newspaper.
Introduced: August 24, 1981
(SEAL)
ATTEST:
D
a,,n_,1�tiiCti"'
D. L. Harrison, City Clerk
Passed: September 14, 1981
ti
Merle A. Hodges, M ., Mayor