§ 35.58

This Chapter identifies the types of cogeneration facilities that are allowed and the zones in which they are allowed, determines the required types of permits, and provides regulations for their operation. These provisions are intended to encourage cogeneration facilities development while protecting public health and safety.

The regulations contained in this Chapter shall apply to cogeneration facilities where allowed in compliance with Section 35.58.030 (Allowed Zones and Permit/Plan Requirements) except for cogeneration facilities that are ancillary to the following land uses:

A.

Oil drilling and production subject to a Drilling and Production Plan approved in compliance with Section 35.52.050 (Oil Drilling and Production).

B.

Treatment and processing facilities approved in compliance with Section 35.52.060 (Treatment and Processing Facilities).

C.

Refining facilities approved in compliance with Section 35.52.070 (Refining).

D.

Oil and gas pipelines approved in compliance with Section 35.52.080 (Oil and Gas Pipelines).

35.58.030 - Allowed Zones and Permit/Plan Requirements

A.

AG-I, AG-II, and M-1 zones. Cogeneration facilities may be allowed in the AG-I, AG-II, and M-1 zones subject to a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

B.

M-2 zone. Cogeneration facilities may be allowed in the M-2 zone subject to a Development Plan in compliance with Section 35.82.080 (Development Plans) except when located within 1,000 feet of another zone, in which case a Conditional Use Permit shall also be required in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

C.

M-CR zone. Cogeneration facilities may be allowed in the M-CR zone subject to a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), except when located within 1,000 feet of another zone, in which case a Conditional Use Permit shall first be required in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

In addition to the regulations of the applicable zone in which the cogeneration facility is located, the following noise mitigation regulations shall apply to cogeneration facilities:

A.

Facilities adjacent to noise sensitive locations. Measures to reduce adverse noise or vibration impacts to the maximum extent feasible shall be used for facilities adjacent to noise sensitive locations as identified in the Noise Element of the Comprehensive Plan.

B.

Facilities adjacent to occupied residence. Operation of facilities within 1,000 feet of an occupied residence shall be conducted to ensure that the noise generated is reduced to an outside nighttime level of 50 dB(A) at the impacted residence.

Applications for Conditional Use Permits, Development Plans and Land Use Permits for cogeneration facilities shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

The following post-approval procedures shall apply:

A.

Procedures and requirements in Chapter 35.84 (Post Approval Procedures).

B.

Procedures and requirements in Chapter 35.102 (Appeals).

CHAPTER 35.59 - UTILITY-SCALE PHOTOVOLTAIC FACILITIES