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Home My WebLink AboutORDINANCE 11-100 _0 ORDINANCE NO.11-10 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, SECTION 5.2 ACCESSORY USES AND ACCESSORY STRUCTURES TO INCLUDE MICRO WIND ENERGY CONVERSION SYSTEMS WHEREAS,the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code,Section 5.2 Accessory Uses and Accessory Structures and WHEREAS,said amendments to the Estes Valley Development Code are set forth on Exhibit “A”attached hereto and incorporated herein by this reference;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, Section 5.2 Accessory Uses and Accessory Structures set forth on Exhibit “A”and recommended for approval by the Estes Valley Planning Commission be approved. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit “A”. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS 3zs’-DAY OF N—cQe ,2010. TOWN OF ST ARK,COLO DO ATTEST:-Z Zc,—ne.ac-n Tov Clerk 0 0 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 3&i—day of ________________ 2010 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the 2’day of _________________ 2010,all as required by the Statutes of the State of Colorado. k..s....N 0 aJacWilliamson,Town Clerk 0 C Exhibit A:Micro Wind FORMAT: 1)Existing text in black font. 2)Proposed text in blue underlined text. 3)Text to be removed in red-strikethrough. §5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTURES A.General Standards. [No Changes] B.Accessory UseslStructures Permitted in the Residential Zoning Districts. 1.Table of Permitted Accessory Uses and Structures. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District ‘Yes”=Permitted “No”=Not Permitted Additional Accessory Use RE-I RE F-I F R R-I R-2 RM Requirements Micro Wind Yes Yes Yes Yes Yes Yes Yes Yes 5.2.B.2.g Energy Conversion Systems 2.Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. ci.Micro Wind Energy Conversion Systems. (1)Size.The swept area of any individual micro wind energy conversion system shall not exceed fifteen square feet. Micro wind Turbines -ORDINANCE -EVDC -MICRO WIND TURBINE Final Adoption Page 1 C (2)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. (3)Setbacks.Micro wind energy conversion systems shall be subiect to setback requirements set forth in Chapter 4. (4)Ridge/The Protection Areas.Micro wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in Section 7.2. (5)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. (6)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. (7)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 Ladmer County,shall be subiect to emergency enforcement processes set forth in Chapter 12. (8)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. (9)Permit Required.A permit shall be reguired for the installation or modification of any micro wind energy conversion system that: a.Is connected to the Town of Estes Park Liaht and Power Distribution System,or; b.Has a height of fifteen feet or more. Micro Wind Turbines -ORDINANCE -EyDC -MICRO WIND TURBINE Final Adoption Page 2 0 0 (10)Limit on Number.Multiple systems may be installed on a lot,but shall not exceed a cumulative aggregate swept area of forty-five square feet. (11)Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades. (12)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-I CD Co 0 [ CH I-I Additional Conditions Micro Wind Energy Yes Yes Yes Yes Yes Yes Yes 5.2.B.2.g Conversion Systems Chapter 13 -Definitions Section 13.3 •Micro Wind Energy Conversion System (MWECSL A wind energy conversion system consisting of a wind turbine with a swept area not to exceed fifteen (15) square feet,including appurtenant equipment,and 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. Micro Wind Turbines -ORDINANCE -EVDC -MICRO WIND TURBINE Final Adoption Page 3 3c4QRECEPTION#:201000!’,06/O2I2010 at 03:08:50 PM1 I OF 5,R $0.00 TO Pgs: Scott Doyle,Larimer County,CO RESOLUTION AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING MICRO WIND TURBINES WHEREAS: I.The Larimer County Planning Division in cooperation with the Estes Park Community Development Department has proposed amendments to amend Section 5.2 of the Estes Valley Development Code to allow Micro Wind Energy Conversion Systems. 2.Public Hearings to consider the proposed amendments were held as follows: Estes Valley Planning Commission:March 16,2010,December 15,2009, November 17,2009,and November 12,2009 Estes Park Town Board:March 30,2010 and February 23,2010,January 26,2010 Larimer County Board of County Commissioners:April 19,2010 3.The Town Board of the Town of Estes Park approved the proposed changes on March 30, 2010. 4.“Micro wind”is part of an overall discussion regarding wind turbine regulation within the Estes Valley.The installation of four turbines in Estes Park during 2009 initiated this discussion. The Estes Valley Development Code currently does not include specific regulations pertaining to wind turbines, 5.The initial concept was to address wind turbines as one issue.At its February hearing,the Town Board felt that micro wind —defined as smaller than 15 square foot swept area -should be treated differently from “small wind”(larger than micro but still residential in scale).The Town Board remanded turbines to the Planning Commission with direction to separate the two types of turbines.The idea is to allow micro wind as a use by right in any zone district,and to re-examine small wind to as a “special review.” 6.At its March hearing,the Planning Commission separated the two types of wind turbines, and made a recommendation of approval for micro turbines. 9.The Board of County Commissioners of Larimer County finds that adoption of the proposed amendments is in the best interests of the citizens of the Estes Valley and would promote the health, safety and welfare of the citizens. Return 10 Planning tO-ePoo%O 0 0 NOW,THEREFORE,BE IT RESOLVED: That the amendments to the Estes Valley Development Code shown on Exhibit “A”attached hereto shall be and are hereby adopted.Said amendments shall be effective on April 20,2010. BOARD OF COUNTY COMMISSIONERS OF LARI R COUNTY,COLO DO Chair ATTEST: C C Exhibit A:Micro Wind FORMAT: 1)Existing text in black font. 2)Proposed text in blue underlined text. 3)Text to be removed in red-stcikethmugli. §5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSoRY STRUCTURES A.General Standards. [No Changesj B.Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1.Table of Permitted Accessory Uses and Structures. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District “Yes”=Permitted “No”=Not Permitted ____Additional Accessory Use RE-I RE E-l E R R-I R-2 RM Requirements Micro Wind Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.q Energy Conversion Systems 2.Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. p.Micro Wind Energy Conversion Systems. (1)Size.The swept area of any individual micro wind energy conversion system shall not exceed fifteen square feet. Micro Wind Turbines -Micro Wind -Exhibit A.doc Page 1 0 0 (2)Height Height shall be measured from original natural arade to the highest point of the structure moving or fixed,whichever is greatest. and shall not exceed thirty (30)feet. (3)Setbacks.Micro wind energy conversion systems shall be subject to setback requirements set forth in Chapter 4. (4)Ridgeline Protection Areas.Micro wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in Section 7.2. (5)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. (6)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. (7)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 Chapter 12. (8)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. (9)Permit Required.A permit shall be reguired for the installation or modification of any micro wind energy conversion system that: a.Is connected to the Town of Estes Park Light and Power Distribution System,or; b.Has a height of fifteen feet or more. Micro Wind Turbines -Micro Wind -Exhibit A.doc Page 2 0 C (10)Limit on Number.Multiple systems may be installed on a lot,but shall not exceed a cumulative aggregate swept area of forty-five square feet. (11)Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades. (12)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 Accessoty Use A Al CD [co 0 CH I-I Additional Conditions Micro Wind Energy Yes Yes Yes Yes Yes Yes Yes 5.2.B.2.g Conversion Systems Chapter 13 -Definitions Section 13.3 .Micro Wind Energy Conversion System (MWECS).A wind energy conversion system consisting of a wind turbine with a swept area not to exceed fifteen (15) square feet.including appurtenant equipment,and 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. Micro Wind Turbines -Micro Wind -Exhibit A.doc Page 3