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Home My WebLink AboutMINUTES Estes Valley Planning Commission 2010-05-18 exhibit A Planning Commission, May 18: Small Wind 2 Exhibit A: Small Wind FORMAT: 1) Existing text in black font. 2) Proposed new text in underlined text. 3) Changes since April 20. § 2.1 CODE ADMINISTRATION AND REVIEW ROLES B. Table 2-1: Code Administration and Review Roles. REVIEW AND DECISION-MAKING AUTHORITY PROCEDURE Staff EVPC Boards [1] BOA [1] Location and Extent Review R DM [3] DM A [3] A --- Conditional Use Permit R DM A --- R = Review Body (Responsible for Review and Recommendation) DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny) A = Authority to Hear and Decide Appeals of Decision-Making Body’s Action--See also §12.1, “Appeals.” § 3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE F. Summary Table—Standard Development Review Process by Application Type. Step 1 Pre-Application Conference Step 2 Application/ Completeness Certification Step 3 Staff Review & Report Step 4 EVPC Action Step 5 Board Action Location and Extent Review M A A A APP Conditional Use Permit M A A A APP "V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable"APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text) § 3.16 CONDITIONAL USE PERMIT A. Procedures for Approval of Conditional Use Permit. Applications for approval of a Conditional Use Permit shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications. B. Standards for Review. All applications for a Conditional Use Permit shall demonstrate compliance with all applicable criteria and standards set forth in Planning Commission, May 18: Small Wind 3 Chapter 5.2, “Accessory Uses and Accessory Structures,” of this Code and the following requirement: The application for the proposed Conditional Use Permits mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. C. Lapse. 1. Failure of an Applicant to apply for a building permit and commence construction or operation with regard to the conditional use permit approval within one (1) year of receiving approval of the conditional use permit, or as otherwise explicitly provided for with original approval, shall automatically terminate the conditional use permit. 2. If a legally established conditional use permit is abandoned or discontinued for a period of one (1) consecutive year or more, then the decision originally approving such conditional use permit shall automatically terminate. 3. Prior to expiration of a conditional use permit, the property owner may file for a one year extension. Such extension may be granted by the Community Development Director upon determination that there have been no changes to the Estes Valley Development Code that would affect the approved conditional use permit or conditions of approval. § 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES A. General Standards. [No Changes] B. Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1. Table of Permitted Accessory Uses and Structures. Planning Commission, May 18: Small Wind 4 Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District "Yes" = Permitted "No" = Not Permitted “CUP” = Conditional Use Permit Accessory Use RE-1 RE E-1 E R R-1 R-2 RM Additional Requirement s Small Wind Energy Conversion Systems CUP CUP CUP CUP CUP CUP CUP CUP §5.2.B.2.h 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. h. Small Wind Energy Conversion Systems (SWECS, or “system”). (1) Conditional Use Permit. a. A conditional use permit shall be required for all systems. b. The purpose of the conditional use permit is ensure the system mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. This may require the system be located and sized such that optimal performance is limited to lessen the impacts (such as to principal view corridors) on nearby land uses and properties. (2) Waiver. The requirement for a conditional use permit shall be waived for systems setback from property lines or easements, as described below, at least four times the height. Properties within mapped ridgeline protection areas shall not be eligible for this waiver. Waiver to the conditional use permit does not exempt any other requirements. (3) Building Permit Required. A building permit shall be required for the installation of all Small Wind Energy Conversion Systems. (4) Limit on Number. There shall not be more than one (1) system on a lot. Planning Commission, May 18: Small Wind 5 (5) Size. The swept area of any individual system shall not exceed one hundred and twenty-five (125) square feet. (6) Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades. (7) Height. Height shall be measured from original natural grade to the highest point of the structure moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet. (8) Setbacks. a. Setbacks from all property lines shall be at least twice the structure height. For example: a thirty (30) foot tall system shall have a minimum setback of 60-feet from the nearest property line. b. This setback requirement shall also apply to public or private roads that serve more than four adjacent or off-site lots, and shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. (9) Ridgeline Protection Areas. Small wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in Section 7.2.C. (10) Noise. All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended). All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park. (11) Lighting Prohibited. Lighting, graphics, signs and other decoration are prohibited on the system, nor shall lighting be located in such a manner to illuminate the structure. (12) Operating Condition. All systems shall be kept in safe operating condition. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in Section 12.6. Planning Commission, May 18: Small Wind 6 (13) Safety Regulations. All micro-wind energy conversion systems shall provide means of protection from any blades or moving parts by either: a. Ground Clearance. The minimum distance between the ground and any blades or moving parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area, or; b. Enclosures. Blades and moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds or any combination thereof. (14) Electrical Connections. Electrical connections and lines shall be placed below ground. C. Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts. 1. Table of Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts. Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District “Yes” = Permitted “No” = Not Permitted Accessory Use A A-1 CD CO O CH I-1 Additional Conditions Small Wind Energy Conversion Systems CUP CUP CUP CUP CUP CUP CUP 5.2.B.2.h D. General Dimensional and Operational Requirements. 2. Setbacks. No accessory use, structure or activity, except for permitted fences or walls shall be located or take place within a required setback. On residential lots of less than one (1) acre all accessory buildings, excluding detached garages, shall be located no closer to the front property line than the residential dwelling. Small Wind Energy Conversion Systems shall be subject to setback requirements set forth in Section 5.2.B. (Ord. 15-03 #1) Planning Commission, May 18: Small Wind 7 6. Maximum Number of Freestanding Accessory Buildings and Structures, Including Detached Garages, Per Single-Family Residential Lot. No more than one (1) accessory building or structure less than or equal to one hundred twenty (120) square feet and no more than two (2) accessory buildings or structures greater than one hundred twenty (120) square feet shall be allowed on a lot of two-and-a-half (2.5) acres or less. Small Wind Energy Conversion Systems and “micro-wind” systems shall be exempt from this limitation. Chapter 13 - Definitions Section 13.3 · Small Wind Energy Conversion System (SWECS). A wind energy conversion system consisting of a wind turbine with a swept area greater than 15 square feet and less than 125 square feet, including appurtenant equipment, which is intended to primarily reduce on-site consumption of utility power. Such systems are accessory to the principal use or structure on a lot.