ORDINANCE NO. 2006-11

 

AN ORDINANCE TO PROHIBIT WIND ENERGY SYSTEMS WITHIN THE TOWN OF BLOWING ROCK’S PLANNING AND ZONING JURISDICTION

 

 

WHEREAS, wind energy is a growing source of sustainable energy that can help reduce dependence on fossil fuels and; and

 

WHEREAS, given the frequent high wind speeds and exposed mountain ridges, Western North Carolina has been identified as a prime area for harnessing wind energy; and

 

WHEREAS, the Planning Board and Town Council recognize the importance and global significance of renewable, sustainable energy sources and wind power technology, they also strive to protect property values and community character by adopting plans and regulating ordinances; and

 

WHEREAS, the Town of Blowing Rock is a recreation resort community with a tourism-based economy where picturesque viewsheds and the natural environment attract new visitors and contribute to the sense of place and community character; and

 

WHEREAS, at this time, the Town Council desires to prohibit the use of wind energy systems and associated towers and equipment in the Town of Blowing Rock’s planning and zoning jurisdiction.

 

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Blowing Rock, North Carolina, that:

 

Section 1.  The following definitions are hereby added to the Land Use Ordinance:

 

“Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.

 

Small Wind Energy System: A wind energy conversion system limited to generation of not more than 20 kW consisting of a wind turbine, a tower, and associated control or conversion electronics.

 

System Height:  With regard to a wind energy system, the tower height plus the blade length.

 

Tower Height: With regard to a wind energy system, the height above grade of the fixed portion of the tower, excluding the wind turbine itself.

 

Turbine: The parts of the wind energy system including the blades, generator and tail.

 

Wind Energy Tower: With regard to a wind energy system, the structure on which the wind system is mounted.”

 

 

 

Section 2.  Section 16-149 (C) of the Land Use Ordinance is hereby amended and will read as follows:

 

“(C)  Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

 

(1)  Use of travel trailer as a residence.

 

(2)  The use of any motor vehicle (as defined in Section 6-1 of the town code), parked on a lot, as a structure in which, out of which or from which any goods are sold or stored, any service is per­formed, or other business (as defined in Section 8-1 of the town code) is conducted, except that retail sales of food products and goods manufactured, created or produced by the seller shall not be prohibited by this subdivision.  Notwithstanding any other provision of this chapter, situations that exist on the effective date of this chapter that are in violation of this section shall not be regarded as lawful nonconforming situations thirty days after the effective date of this chapter.

 

(3)  The installation, erection, or use of a wind energy system, wind turbines, and/or associated towers for wind energy conversion.”

                       

Section 3. Severability; Conflict of Laws.  If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to that end, the provisions of this ordinance are declared to be severable.  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

 

Section 4.  Effective Date.  This ordinance shall be effective upon adoption.

 

Adopted this the _____ day of _______________, 2007

 

 

 

TOWN OF BLOWING ROCK

 

_________________________                       

 J.B. Lawrence, Mayor

 

ATTEST:  _________________________

      Sharon H. Greene, Town Clerk