ORDINANCE NO. BL2008-283

An Ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 the Metropolitan Code, Zoning Regulations, pertaining to small wind energy systems, all of which is more specifically described herein (Proposal No. 2008Z-071T).

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 17.04.060 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding the following new definitions:

“Meterological tower (Met Tower)” means the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

“Rotor diameter” means the cross sectional dimension of the circle swept by the rotating blades of a small wind energy system.

“Small wind energy system” means a wind energy system that:
1. Is used to generate electricity;
2. Has a rated nameplate capacity of 50 kilowatts or less; and
3. Has a total height of 150 feet or less.

“Total height” means, for purposes of a small wind energy system, the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

“Wind energy system” means equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system.

“Wind energy system owner” means the individual that owns, or intends to own, the property upon which Small Wind Energy System will be operated in accordance with Section 17.16.340.

“Wind generator” means blades and associated mechanical and electrical conversion components mounted on top of the wind tower.

“Wind tower” means the monopole, freestanding, or guyed structure that supports a wind generator.

Section 2. That Section 17.08.030, of the Code of The Metropolitan Government of Nashville and Davidson County, District Land Use Tables, is hereby amended by adding “Small wind energy systems” as an accessory (A) use in all zoning districts.

Section 3. That Chapter 17.16 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Article IV by adding the following new Section 17.16.340:

17.16.340 Small wind energy systems.

A. Applicability. In order to properly integrate all regulating provisions affecting Small Wind Energy Systems, and to regulate such systems in an orderly and comprehensive manner, it is hereby provided that Small Wind Energy Systems are subject to the regulations as set forth herein. The purpose of this section is to oversee the permitting of Small Wind Energy Systems, and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a Small Wind Energy System. These provisions shall apply to all Small Wind Energy Systems located within the area of the metropolitan government.
B. Standards. A Small Wind Energy System shall be an accessory use in all zoning districts subject to the following requirements:
1. Setbacks: A wind tower for a Small Wind Energy System shall be set back a distance equal to its total height plus an additional 20 feet from:
(a) any state or metropolitan government right-of-way;
(b) any right of ingress or egress by another on the owner’s property;
(c) any overhead utility lines;
(d) all property lines; and
(e) any existing guy wire, anchor, or small wind energy tower on the property.
2. Access.
(a) All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b) The wind tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 8 feet above the ground.
3. Electrical Wires. All electrical wires associated with a Small Wind Energy System, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
4. Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the Small Wind Energy Systems, such as appurtenant structures, shall be limited to that required for safety purposes, and shall be reasonably shielded from abutting properties.
5. Appearance, color and finish. The wind generator and wind tower shall remain painted or finished the color or finish that was originally applied by the manufacturer.
6. Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a Small Wind Energy System visible from any public road are prohibited.
7. Code Compliance. A Small Wind Energy System including wind tower shall comply with all applicable building, construction and electrical codes.
8. Utility notification and interconnection. Small Wind Energy Systems that connect to the electric utility shall comply with all applicable Nashville Electric Service regulations.
9. Small Wind Energy Systems shall not be attached to any building, including guy wires.
10. Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a Small Wind Energy System.

B. Abandonment.
1. A Small Wind Energy System that is out-of-service for a continuous 12 month period will be deemed to have been abandoned. The Zoning Administrator may issue a Notice of Abandonment to the owner of a Small Wind Energy System that is deemed to have been abandoned. The owner shall have the right to respond in writing to the Notice of Abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of the notice. The Administrator shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the Wind Energy System has not been abandoned.
2. If the Small Wind Energy System is determined to be abandoned, the owner of a Small Wind Energy System shall remove the wind generator from the wind tower at the owner’s sole expense within 3 months of the date of Notice of Abandonment. If the owner fails to remove the wind generator from the wind tower, the Administrator may pursue a legal action to have the wind generator remove at the owner’s expense.

C. In addition to the requirements of this section, any property owner seeking to construct a Small Wind Energy System shall comply with all applicable state law requirements for the location, siting and construction of small wind energy systems.

D. Variances. Variances to the distance requirements and other requirements and standards contained in this section are not permitted.

E. Noise. All Small Wind Energy Systems shall comply with the limitations contained in Section 11.12.070 of the Metropolitan Code.

F. Violations. It is unlawful for any person to construct, install, or operate a Small Wind Energy System that is not in compliance with this Article or with any condition contained in a building permit issued pursuant to this Article.

Section 4. This ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Mike Jameson