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HomeMy WebLinkAbout2009-10 ORDINANCE NO. 2009-10 AN ORDINANCE SETTING FORTH AN AMENDMENT OF THE MOHAVE COUNTY ZONING ORDINANCE, TO CREATE A NEW SECTION 12.3, ENERGY OVERLAY ZONE, A NEW SECTION 27.X, ENERGY PROJECTS, GENERAL PROVISIONS, AND AMEND RELATED PORTIONS OF SECTION 12, ESTABLISHMENT OF ZONES, AND SECTION 27.S,INDUSTRIAL PERFORMANCE STANDARDS. AMEND THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS Section 12 ESTABLISHMENT OF ZONES A. Zones. In order to classify and segregate the uses of land buildings, the following zones are hereby established: A General A-D Airport Development Zone A-R Agricultural Residential R-E Residential-Recreation R-1 Single Family Residential R-2 Single Family Medium Density/Multi- Family Low Density R-MH Residential Manufactured Homes R-TT Residential-Manufactured Home and Travel Trailers R-M Multiple-Family Residential R-M-2 Multiple Family Residential 2 R-O Single Family Residential/Manufactured Homes Prohibited R-0/A SFR/Manufactured Homes Prohibited/Limited Animal Privileges S-D Special Development C-1 Neighborhood Commercial C-2 General Commercial C-2H Highway Commercial C-RE Commercial Recreation C-M Commercial Manufacturing C-MO Commercial Manufacturing-Open Lot Storage M General Manufacturing M-X Heavy Manufacturing R-P Regional Parks C-P Community Parks N-P Neighborhood Parks E Energy Overlay Section 12.3 REGULATIONS FOR ENERGY OVERLAY (E) ZONE A. General Provisions 1. The Energy Overlay zone is a combining zone that may be established through the Rezone process. The uses of the underlying zone may continue after approval of the Energy Overlay for the property, unless those uses are restricted by the Rezone to the Energy Overlay. Standards for development such as setbacks and heights, if different from those of the underlying zone, may be established upon approval of an Energy Overlay request, and will apply to the energy project in place of the standards of the underlying zone. For uses not a part of the energy project, the development standards for the underlying zone apply. The Energy Overlay zone may be used on properties zoned A (General), A-R (Agricultural-Residential), A-D (Airport Development) or M(General Manufacturing). 2. Purpose. The principal purpose of this zoning district is to provide for alternative energy projects in locations that are suitable and appropriate, taking into consideration land uses on adjacent or nearby properties, access to a major street or highway, rail service or other means of transportation, and the availability of utility interconnections. It is the intention of this provision to promote energy growth that will benefit the community and not subject it to unexpected hazards or other conditions that would affect adversely the public health, safety, and general welfare. 3. Type designation. In general an approval shall specify a type of project based upon the representation of the project provided in the public notice for the rezone. A change of type designation shall be processed as an amendment of the conditions of approval to ensure adequate notice to neighboring property owners. Approval of an E zone shall include one or more of the following types: a. E-SP (Energy-Solar Photovoltaic) b. E-SE (Energy-Sterling Engine) c. E-SC (Energy-Concentrating Solar Trough) d. E-ST (Energy-Solar Tower) e. E-W (Energy-Wind) f. E-M(Energy-Mixed Technologies) g. E-B (Energy-Biomass) h. E-O (Energy-Other proven technologies) i. E-X (Energy-Experimental) 4. Limitations: The Energy Overlay zone may not be used to establish conventional fossil fuel or nuclear power plants. B. Uses Permitted. 1. Buildings and equipment integral to the energy facility. 2. Accessory uses customarily incidental to the principal use. 3. Equipment storage and construction staging areas for the project. 4. Living quarters for on-site maintenance and security personnel. C. Uses Allowed With a Zoning Use Permit. 1. E-X(Energy-Experimental) projects. D. Height and Setback. Maximum height and minimum setbacks for an Energy Overlay zone will be determined by the type and class of the Energy zone requested, as appropriate to the development. E. Development and Performance Standards. 1. All applicable provisions of Sections 25,26 and 27, and the Mohave County Outdoor Light Control (Dark Sky) Ordinance shall apply in this zone. 2. Equipment and reserve parts shall be stored in a centralized location and view- obscured. Disabled equipment and scrapped materials shall not be allowed to accumulate on the site but may be temporarily stored in a view-obscured location pending disposal, not to exceed one (1) year. 3. Projects in the vicinity of an airport or landing field shall comply with any applicable regulations of the Federal Aviation Administration. 4. An applicant shall demonstrate that neighboring uses will be adequately buffered. Section 27.X ENERGY PROJECTS—GENERAL PROVISIONS X. General Provisions 1. Definitions a. Central generation: For purposes of this Ordinance, means electricity production that is directly interconnected to a utility transmission system at transmission voltage, generally more than 60 kV. b. Distributed generation: For purposes of this Ordinance, means electricity production that is directly interconnected to a utility distribution system at distribution voltage, generally less than 60 kV. c. Isolated generation: For purposes of this Ordinance, means electricity production that is used on-site and is not interconnected to a utility distribution or transmission system, or that is net-metered at secondary voltage. 2. Isolated generation systems that serve a single property or facility may be constructed in any zone with an approved building permit subject to: a. Solar panels mounted on a building may not exceed the maximum building height for the zone. Solar panels mounted on poles or on the ground may not exceed 400 square feet. b. Wind turbines may exceed the maximum building height for the zone, but must be placed on the property at a location more than 110% of the total height of the machine including the blade from the property line. c. Isolated generation systems shall meet all applicable codes. 3. Isolated generation systems not included in Paragraph 2 may be constructed after approval of a Zoning Use Permit. The Director may waive supplemental application requirements listed in Paragraph 5 upon request of the applicant. 4. Generation systems may be constructed: a. With an approved Zoning Use Permit where allowed by Section 27.A.7. b.. In an E (Energy Overlay)zone. 5. Application for E (Energy) Zone or Zoning Use Permit—Distributed Generation. a. Pre-application conference. Because additional information may be required for effective review, a pre-application meeting with a representative from the Department is recommended. The level of detail and analysis necessary is dependent on the type of project proposed, its location, and the currently available information relevant to the proposal. In general, smaller projects will require less analysis than larger more complex ones. b. Information meeting. For projects that can generate one (1) mW or more, the project applicant is responsible for holding at least one informal community meeting within the County, as near project location as is practicable, to inform the public about the proposed energy facility. The project applicant will provide public notice of the community meeting through written letter by first-class mail to owners of property within one (1) mile, electronic notification to persons who have placed their names on a notification list maintained by the Department, and by publication in a newspaper of general circulation in the community affected. The meeting may be held before the project application is deemed complete, and must be held a minimum of four weeks before the meeting at which the Planning and Zoning Commission hears the project proposal. The applicant will provide the Department a copy of the attendance list from the meeting and any written comments received by the applicant no more than five business days after the information meeting to be provided to the Commission in advance of the Commission hearing. A copy of written comments received by the applicant after the community meeting will be provided to the Department as soon after receipt as is practicable. c. Application. Minimum information to accompany an application for a rezone to an E zone or a Zoning Use Permit will be determined by the type and class of the Energy zone requested. The applicant shall provide a standard Rezone or Zoning Use Permit application accompanied by a narrative description sufficient to adequately describe the proposal and its impacts. The application package should include: 1. Existing power infrastructure. Identify the location of the proposed interconnection to a utility, the utility company to which the project will connect and voltage of the power line to which the project will connect. If the proposed interconnect site is not on the project property, the distance between the property and the interconnect site and whether there are existing utility lines or easements for that purpose. The applicant should provide a letter from the utility company indicating whether the proposed interconnect location is acceptable to the utility and whether the existing power lines are sufficient to carry the proposed production. If a letter from the utility company is not available an approval may be conditioned to require approval of the interconnection by the utility prior to issuance of any County permits. 2. Photographs or other graphic representations of the site as it presently exists and with the project superimposed from at least two perspectives. 3. A statement of the maximum megawatts proposed to be produced by the project, the total square footage of buildings to be constructed, and the maximum number of wind turbines, solar panels, or other production units. 4. Expected noise levels, the length of roads and power lines that will require construction or upgrading, and transportation impacts. 5. A list of all property owners within one (1) mile of the project, and within one-half(%) of a mile of the route of any power line necessary to make the interconnection. 6. A list of permits, approvals, or other actions that the applicant has requested or will request from other government agencies or from public or privately owned utility companies. If these approvals are unknown or not available at the time of application, an approval may be conditioned upon obtaining the required approvals prior to issuance of any permits. 6. Application for E (Energy) Zone or Zoning Use Permit—Central Generation. a. In addition to the requirements of Paragraph 7, the applicant shall provide: 1. For projects that are subject to the authority of the Arizona Power Plant and Transmission Line Siting Committee, the applicant should provide a letter or report of the Committee regarding the status of any review pending before that Committee. If a letter is not available, an approval may be conditioned to require approval of the interconnection by the Arizona Power Plant and Transmission Line Siting Committee, prior to issuance of any permits. 2. For projects that propose to connect to federally administered transmission lines, the applicant should provide a letter or report from the responsible agency regarding the status of any review pending before that agency. If a letter is not available, an approval may be conditioned to require approval of the interconnection by the transmission line administrator, prior to issuance of any permits. 7. Avoidance of duplication. An applicant may incorporate, by reference, any information developed or submitted in any other application, if the applicant submits a copy of the referenced material, identifies the proceeding in which it was submitted as well as the outcome of that proceeding if concluded, and explains the relevance of the information. 8. Development standards and conditions —general a. National Codes and Standards. To address safety and power quality issues, national codes and safety organizations have developed guidelines for equipment manufacture, installation and operation. The major code and safety organizations that apply to generation projects are the National Fire Protection Association (NFPA), Underwriters Laboratories (UL) and Institute of Electrical and Electronics Engineers (IEEE). Each of these organizations covers different aspects of the development in the context of their organizational missions. Energy projects must comply with these and any other applicable national codes and standards in effect at the time the project is constructed, unless more stringent standards are required by the utility receiving the generated energy. b. The provisions of Section 27.S, Industrial Performance Standards apply. c. Height and Setbacks. Due to the variety in size and type of projects, the maximum height and setbacks for a project shall be determined based on the project design, subject to the provisions of Section 27.S, Industrial Performance Standards. d. Grading of a project site may not commence until required State and Federal approvals are in place and assurances for site restoration are provided. 9. Decommissioning a. Prior to commencement of construction the applicant shall submit a decommissioning plan,to include: 1. The anticipated life of the project. 2. The estimated decommissioning costs, less salvage value in current dollars. 3. The method of ensuring that funds will be available for decommissioning and restoration. 4. The anticipated manner in which the project will be decommissioned and the site restored. b. If a project ceases to perform its intended function for more than 12 consecutive months, the project shall be removed and the site restored in accordance with the decommissioning plan. Section 27.S INDUSTRIAL PERFORMANCE STANDARDS - GENERAL PROVISIONS A. Purpose. The purpose of these standards is to ensure that industrial development benefits Mohave County without subjecting its conditions that adversely affect the public health, safety and general welfare. Residential zones and uses should experience minimal affects from industrial uses. These standards apply to C-M (Commercial Manufacturing), C-MO (Commercial Manufacturing-Open Lot Storage), E (Energy Overlay), M (General Manufacturing) and M-X (Heavy Manufacturing). • 1111 If R 'MlyIRIVRAli II I PAGE: 1 of 10 FEE p 2009070636 B : 7634 P : 5 7 OFFICIALN` RECORDS ��I!��� OF MOHAVE COUNTY :: g CAROL MEIER, 3 COUNTY RECORDER 11/18/2009 04:10 PM Fee: $0.00 DOC TYPE: GRES PAID BY:MOHAVE CTY BD OF SUPERVISORS RESOLUTION NO. 2009-294 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 2009-10, AN AMENDMENT OF THE MOHAVE COUNTY ZONING ORDINANCE, TO CREATE A NEW SECTION 12.3, ENERGY OVERLAY ZONE, A NEW SECTION 27.X, ENERGY PROJECTS, GENERAL PROVISIONS, AND AMEND RELATED PORTIONS OF SECTION 12, ESTABLISHMENT OF ZONES, AND SECTION 27.S, INDUSTRIAL PERFORMANCE STANDARDS. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on November 16, 2009, a public hearing was conducted to determine whether approval should be granted to create a new Section 12.3, Energy Overlay Zone, a new Section 27.X, Energy Projects, General Provisions, and amend related portions of Section 12, Establishment of Zones, and Section 27.S, Industrial Performance Standards, as requested by the Mohave County Development Services Department, and WHEREAS, the State of Arizona and Mohave County have taken the position that development of alternative energy programs is an important goal, and the Department has been directed to identify changes to County Ordinances and Regulations necessary to accommodate this type of development. Amendments to the Mohave County Zoning Ordinance (the Ordinance) were approved by the Board of Supervisors on June 1, 2009, with BOS Resolution No. 2009-139, to allow alternative energy projects with a Zoning Use Permit. The current amendments propose to establish a new Energy Overlay Zone classification, and other related amendments necessary to implement it, and WHEREAS, the Ordinance was originally written at a time when alternative energy projects were not considered feasible. The provisions originally contained in the Ordinance that deal with power generation were written for fossil fuel power plants and require M-X (Heavy Industrial) zoning. The M- X zone is appropriate to those more traditional power generation facilities. However, unless the zoning is further limited, the M-X zone would allow many types of industrial projects that are inappropriate in the areas where alternative energy projects are likely to occur. Objections have been raised in conjunction with previous requests for M-X zoning for wind and solar energy projects because of the other types of uses allowed in the M-X zone that might be proposed once the M-X zoning is in place, and WHEREAS, the nature of alternative energy projects requires the use of substantially larger acreages with less density of development than conventional fossil fuel power plants, and the use of the property for other purposes such as livestock grazing may continue, particularly in the case of wind energy projects, and RESOLUTION NO. 2009-294 PAGE 2 WHEREAS, the Department has studied the possibility of creating a new zoning classification specifically for alternative energy projects. After considering a number of alternatives, the Department has concluded that an overlay zone would be best suited to this type of proposal. An overlay zone can be tailored to the specific project, and would not allow the conversion to other industrial purposes except with another rezone action for that purpose. If the project is not constructed or when the plant is decommissioned there would be no need to rezone the property since the base zone would still underlie the overlay zone, and WHEREAS, if the Energy Overlay zone is adopted, the Zoning Use Permit provision would still be useful for projects where a hard rezone to the new zone might not be appropriate. Further, the option for a rezone to M-X would be available, although not favored by the Department, and WHEREAS, to implement the new Energy Overlay zone, Section 12, Establishment of Zones, is amended to include the Energy Overlay zone in the list of established zones and the addition of a new section 12.3, Regulations for Energy Overlay(E) Zone. A new Section 27.X, Energy Projects, is created to establish general requirements for the Energy Overlay zone and for Zoning Use Permits for such projects. Section 27.S Industrial Performance Standards - General Provisions is amended to include the Energy Overlay zone among those requiring compliance with industrial performance standards, and WHEREAS, the language to be added has been bolded. The language to be deleted has been struck, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on October 14, 2009, the Commission recommended APPROVAL for the amendment contained in the attached Ordinance, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on November 1, 2009, and was posted on October 30, 2009, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, November 16, 2009, ADOPTED Mohave County Ordinance No. 2009-10, amending the Mohave County Zoning Ordinance to create a new Section 12.3, Energy Overlay Zone, a new Section 27.x, Energy Projects, General Provisions, and amend related portions of Section 12, Establishment Of Zones, and Section 27.s, Industrial Performance Standards as recommended by the Mohave County Planning and Zoning Commission and outlined herein. � OW t S E 1 MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST ;�s0, i Tom Sockwell, Chairman J iy�` ., r 00(3,4„...Age Barbara Bracken, Clerk'%,*\,„- u !� � } �.