§ 17.16.100. Utility uses.

(Refer to zoning district land use table)

A.

Power/Gas Substation.

1.

Setback. All buildings and vehicle loading areas shall be located a minimum of fifty feet from any residential zone district or district permitting residential use.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied.

3.

Street Standard. On minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block.

B.

Reservoir/Water Tank.

1.

Setback. Where such facilities abut a residential zone district or district permitting residential use, a minimum setback of fifty feet shall be provided.

2.

Landscape Buffer Yard. Landscape buffer yard Standard D shall be applied within the above setback.

C.

Wind Energy Facility (small).

1.

Applicability. The wind energy facility shall comply with the standards of this title; however, where a facility cannot comply, the applicant shall be required to submit for a special exception permit. The special exception permit request shall be accompanied by a written document that identifies and describes the facility's compliance with the standards. Where compliance is not possible, the document will detail why the standards cannot be met, and what alternative standards are proposed by the applicant.

2.

Height. The height of any facility, whether building or tower-mounted, shall not exceed fifteen feet above the maximum building height allowed for the primary use in the subject zoning district as provided in this title.

3.

Setback. The facility shall not be sited within (a) a distance equal to the height of the facility from any occupied buildings, or private ways that are not part of the wind energy facility; or (b) one point five times (1.5×) the facility's height from the nearest property line, whichever is greater.

4.

Guy Wires. No guy wire anchors shall extend closer than five (5) feet to the property line. All outer and innermost guy wires must be must be marked and clearly visible to a height of six (6) feet above the guy wire anchors.

5.

Signs and Advertising. An information sign identifying the facility owner, facility manufacturer, and a 24-hour emergency contact phone number, along with warning sign(s) shall be required on the facility. In addition, an educational sign may be provided about the facility and the benefits of renewable energy. All such signs shall comply with the base zoning district's sign regulations for a non-residential use as provided in this title. No other advertising signs shall be allowed on or around the facility.

6.

Lighting. No lighting of the facility shall be permitted, except warning lights as required by state or federal law.

7.

Appearance. All components of the facility shall be in a neutral, non-reflective exterior color designed to blend with the surrounding environment.

8.

Noise. The facility shall not generate noise in excess of 60 decibels (dBA) measured at the closest neighboring occupied building, except during short-term events such as utility outages and severe windstorms.

9.

Separation Distance. The facility shall be located a minimum of 1,000 feet from any other wind energy facility.

10.

Shadow, Blade Glint, and Flicker. The facility shall be sited to minimize shadow, blade glint, and flicker impacts on any property within a minimum distance of 600 feet of the site property line.

11.

Utility Notification Plan. No wind energy facility shall be installed until the Nashville Electrical Service approves the applicant's site plan.

12.

Emergency Plan. The facility shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

13.

Site Plan. No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first undergoing site plan review and obtaining a building permit. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Tennessee as a mechanical, structural, or civil engineer. The required site plan shall show, identify, display, dimension, and/or demonstrate the following:

a.

All property lines and existing buildings/structures on site and within 600 feet of the site. For buildings/structures, the purpose of each will be labeled on the plan as well as the distance of each from the facility.

b.

Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment on the site parcel and within 600 feet of its boundary.

c.

Any existing overhead utility lines;

d.

Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a distance, measured from the wind turbine foundation, of 1.2 times the height of the wind turbine;

e.

Location of each existing wind energy facility, regardless of size or operational condition that are within 2,000 feet of the proposed facility.

f.

Proposed changes to the landscape of the site, grading, screening, vegetation clearing and planting, any required FAA lights;

g.

Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Tennessee as a mechanical, structural, or civil engineer demonstrating the facility is designed to meet the most stringent wind requirements;

h.

A statement by an engineer licensed in the State of Tennessee certifying that the proposed wind turbine will meet the noise standard established by this section. The engineer shall be certified by the Institute of the Noise Control Engineering of the USA (INCE/USA).

i.

One or three line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

j.

Documentation of the wind energy facility's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

k.

Photo visualizations of the facility pre- and post-construction shall be provided by the applicant in color showing how the facility will look, once installed. The visualizations will be from a minimum of three sight lines, including the nearest occupied building with a view of the wind facility, excluding buildings owned by the applicant or property owner.

l.

An operation and maintenance plan shall be submitted for the facility.

(Amdt. 1 to Ord. BL2009-477 § 3, 2009; Ord. BL2009-477 § 3, 2009; Ord. 96-555 § 4.2(H), 1997)