New Shoreham |
Code of Ordinances |
Part II. Revised Ordinances Of The Town Of New Shoreham |
Appendix E. Zoning Ordinance |
Article 3. Zoning Districts And Regulations |
§ 321. Public Utility Zone (PU Zone)
A. Purpose. The Public Utility Zone (PU Zone) comprises property which is limited in use to public works and public utility purposes, including the installation and operation of utility-sized wind turbines. In order to reduce the use of non-renewable fossil fuels, enhance and protect the environment, contain public utility rates, and maintain the public health, safety and welfare, the installation of utility wind energy conversion systems (WECS) (See Section 202 - Definitions) shall be permitted at an appropriate site, or sites, on Block Island. The PU Zone shall permit such utility wind turbines, as well as other public utility and public works facilities and accessory uses.
B. Designation of Zone. The PU Zone shall consist of that portion of Tax Assessor's Plat Lot 39 and Lot 40 which does not lie within the Coastal Zone. This parcel, which is used as the Town of New Shoreham's solid waste transfer facility, also has the following characteristics:
1. High annual wind power density, making it viable for commercial wind energy installation;
2. A location and elevation such that erection of a wind turbine would not conflict with aviation height restrictions associated with the Block Island state airport; and
3. A location that allows for the efficient and cost effective transmission of generated power back to the Block Island power plant and main distribution system.
C. Dimensional Standards.
Minimum Lot Area 240,000 square feet Minimum Lot Frontage 400 feet Minimum Setbacks Front 50 feet Side 50 feet Rear 50 feet Maximum Lot Building Coverage 15%* Maximum Lot Coverage 30%* Maximum Height for all Structures except Wind Turbines Main Structure 30 feet Accessory Structure 25 feet Maximum Height for Wind Turbines 265 feet** *Lot coverages shall be measured as a percentage of developable lot area.
**Wind turbine height is measured from finished grade to the tip of the rotor blade at its highest point.
D. Permitted Principal Uses.
WECS subject to Section 508 (Amended May 23, 2001).
E. Uses Allowed with Special Use Permit (See Article 4).
Public Works Facilities
Recreational Facility
Solid Waste Transfer Facility
Utility Facilities (See Section 417)
Waterfront Uses (See Sections 318, Waterfront Overlay and 415, Waterfront Uses)
WECS, Utility (See Sections 422, Utility WECS and 508G)
F. Permitted Accessory Structures and Uses.
Off-street parking and loading
All support facilities related to the maintenance and operation of the facility or utility
G. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures, installation of a utility wind turbine, or other site improvements shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in Section 704
1. Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:
a. An existing conditions plan prepared by a registered land surveyor or professional engineer which shows contours at two (2) foot intervals; all structures, travel lanes and parking areas; all street and lot lines, dimensions and property setbacks; and the location of wetlands, water bodies and coastal features on the property and the distance to the nearest coastal feature outside the boundaries of the property.
b. A site plan which indicates the intended location of the proposed building, utility structure or wind turbine, and all accessory structures, including locations of upgraded transmission lines if applicable, with all dimensions and setbacks indicated, and all site improvements, including proposed grading, parking areas, fencing and landscaping.
2. Planning Board Action. Final approval of the development plans by the Planning Board shall be subject to the issuance of a Special Use Permit by the Zoning Board of Review for the use or uses proposed. The Planning Board shall give an advisory opinion to the Zoning Board regarding the granting of the Special Use Permit which may be undertaken concurrently with the development plan review. The Planning Board shall review the plans in accordance with the following:
a. All applicable general site standards contained in Section 501 A.
b. A minimum setback for a utility wind turbine from any building which is equal to the total height of the turbine as measured in Section C. above plus ten (10) feet, in which case the Planning Board shall determine that meeting this setback requirement does not restrict the potential for constructing a legal and conforming building on any adjoining privately-owned lot.
c. Potential of the site for public access and passive use, with provisions made for such access or use if determined to be feasible and desirable.
d. All other applicable parking, landscaping and utility standards contained in this Ordinance.
(Section Added December 7, 2009))