NOTICE OF PUBLIC HEARINGS REGARDING UTILITY-SCALE SOLAR ENERGY SYSTEMS IN THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT

NOTICE REGARDING PUBLIC HEARINGS
BEFORE THE WOODBURY COUNTY BOARD OF SUPERVISORS

FOR THE CONSIDERATION OF ZONING ORDINANCE TEXT AMENDMENTS TO

 ADDRESS THE REGULATIONS FOR “UTILITY-SCALE SOLAR ENERGY SYSTEMS (US-SES) CONDITIONAL USE” IN THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT

The Woodbury County Board of Supervisors will hold public hearings on the following item of business, hereafter described in detail, on Tuesday, April 23, 2024 at 4:45 PM, Tuesday, April 30, 2024 at 4:50 PM and Tuesday, May 7, 2024 at 4:45 PM or as soon as possible thereafter as the matter may be considered.  Pursuant to Iowa Code Section 331.302, the second and third public hearings may be waived by the Board of Supervisors.

Said hearings shall be held at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, in the Board of Supervisors’ meeting room in the basement of the courthouse.  Persons wanting to participate in the public hearings may attend in person during the meetings to comment.

Copies of said item may now be examined in the Woodbury County Auditor’s office in said Courthouse by any interested persons.  You may forward your written comments by mail or email to: Woodbury County Community and Economic Development, 6th Floor, Woodbury County Courthouse, 620 Douglas St., Sioux City, IA 51101; Emails should be sent to Daniel Priestley at: dpriestley@woodburycountyiowa.gov.  Only signed comments will be considered and should be received no later than 10:00 AM on Tue., Apr. 23, 2024.

All persons who wish to be heard in respect to this matter should appear to participate in the aforesaid hearing.

Item One (1)

SUMMARY OF ZONING ORDINANCE TEXT AMENDMENTS FOR PROPOSED UTILITY-SCALE SOLAR ENERGY SYSTEMS (US-SES) CONDITIONAL USE IN THE WOODBURY COUNTY ZONING ORDINANCE.

SUMMARY: Amendment #1 – To add “Section 5.08. Utility-Scale Solar Energy Systems (US-SES) Conditional Use…83” on Page iii of the Woodbury County Zoning Ordinance in the “Table of Contents” under the “ARTICLE 5 SUPPLEMENTAL REQUIREMENTS” heading after Section 5.07. Special Event – RAGBRAI and Special Event – RAGBRAI with Alcohol…81.”

SUMMARY: Amendment #2 – To add a new section to the Woodbury County Zoning Ordinance beginning on page 83 entitled “Section 5.08: Utility-Scale Solar Energy Systems (US-SES) Conditional Use” to regulate the conditional use permitting of “Utility-Scale Solar Energy Systems” within the General Industrial (GI) Zoning District.  The purpose of this Section is to regulate the construction, installation, and operation of Utility-Scale Solar Energy Systems (US-SES) in Woodbury County, in a manner that promotes economic development, protects property values, and ensures the protection of health, safety, and welfare while also avoiding adverse impacts to important areas such as agricultural lands, conservation lands, and other sensitive lands.  This Ordinance and its provisions shall not apply to those properties or projects occurring within the incorporated cities of Woodbury County.  The ordinance sets the requirements for the conditional use permitting of the US-SES including subsections that include Applicability, Conditional Use Permit (CUP), Application Materials, Requirements, Permitting Process, US-SES Building Permit Requirement, Woodbury County Road Use and Repair Agreement, Woodbury County Public Drainage System Protection Agreement, Operation and Maintenance Plan, Decommissioning, Abandonment, Financial Security, and Site Restoration Plan, Soil Erosion and Sediment Control Plan, Emergency Response Plan, Future Operators, Enforcement, Penalty, Severability, and Effective Date.

SUMMARY: Amendment #3 – Following the addition of Section 5.08, to appropriately renumber the subsequent page numbers for the “ARTICLE 6. DEFINITIONS” and Section 6.01: Construction of Terms. and Section 6.02: Definitions and to appropriately change the page numbers in the Table of Contents on page iii to the correct page numbers.

ENFORCEMENT PROVISIONS:

Section 5.08

16. Enforcement

A.         Violations

(1)        It shall be unlawful to locate, erect, construct, reconstruct, alter, repair, convert, or maintain any building, land, or structure, or use any land, building or sign in violation of any regulation in, or any provisions of, this Section, or any amendment or supplement thereto, lawfully adopted by the County Board of Supervisors; or to fail to comply with any requirement or condition imposed by the Board of Adjustment.

(2)        Any person, firm or corporation found to be in violation of any provision of this Section shall be served written notice by the Zoning Director or designee stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such person shall, within the period of time stated in the notice, take all necessary action to correct the violation and shall permanently cease such violation.

(3)        Each day during which the violation continues shall be a separate violation.

(4)        A Notice of Violation may be served as a first attempt to gain compliance. If compliance is not met with the sending of a Notice of Violation then a Citation shall be served on the property owner. The offender shall be provided a reasonable time, (not to exceed) thirty (30) days in which to correct the violation. A violation which occurs for a short period of time is observed and there is no other reasonable means for ensuring compliance, be served a citation immediately upon observation of a violation.

(5)        If the violation is not corrected, Woodbury County may seek such remedies, civil or criminal as are authorized by law.

17.        Penalty

A.         The Zoning Director or designee may assess the maximum civil penalty per day for each violation allowed upon each violation, as outlined in the Woodbury County Zoning Ordinance that continues to exist.

B.         Remedies

(1)        If work is being done in violation of any provision of this Section and continues beyond the date of notice and the work is not being done to correct a violation, an immediate stop-work order shall be issued by the Zoning Director. Such order shall be given to the owner of the property, the authorized agent(s), or the person or persons in charge of the activity on the property and shall be posted upon the property. The stop work order shall state the conditions under which work may be resumed.

(2)        Violations by an individual or property owner will prohibit any additional permits for that property or other properties to be issued unless said permits will remedy abatement of the violation. Stop work orders will be placed on any work on other property in which the violator is operating or owns.

(3)        If the Zoning Director determines that a violation is an immediate threat to public safety or welfare and the property owner or operator has failed to take corrective action within the time period stated in the notice provided, Woodbury County may take such remedial action as is necessary to protect the public safety or welfare. Such remedial action may include entering the property where a violation is present, correcting the violation, and placing a lien on the property to secure payment and reimbursement of any and all expenses incurred by Woodbury County to correct such violation.

(4)        Woodbury County may seek other such remedies, civil or criminal as are authorized by law.

EFFECTIVE DATE:

This Ordinance shall be in effect after its final passage, approval, and publication as provided by law.