HomeMy WebLinkAboutORDINANCE 07-10(C)ORDINANCE NO.07-10 1)
AN ORDINANCE AMENDING THE
)ESTES VALLEY DEVELOPMENT CODE,
SECTION 5.2 ACCESSORY USES AND ACCESSORY STRUCTURES TO INCLUDE SMALL
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
_____
DAY OF ,2010.
TOWN OF ESTES PARK,COLORADO
By:
__________________________________
Mayor
AHEST:
Town Clerk
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Exhibit B:Small Wind
The following language reflects changes requested by the Town Board at the
January 26,2010 public hearing:operating condition (“safe”or “inoperative’);
electrical connections below ground.
FORMAT:
1)Existing text in black font.
2)Proposed text in blue underlined text.
3)Text to be removed in ced—stcike4hroug1.
§5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND
ACCESSORY STRUCTURES
A.General Standards.
[No ChangesJ
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 RiJ E-I E R R-I
[
R-2 j RM Requirements
Small Wind Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.h
Energy
Conversion
Systems
2.Additional Requirements for Specific Accessory Uses/Structures
Permitted in the Residential Zoning Districts.
h.Small Wind Energy Conversion Systems (SWECS,or “system”,
including micro-wind).
c.
Exhibit B —Small Wind 1
Q C
(1)Size.The swept area of any individual small-wind enerv
conversion system shall not exceed four hundred (400)square
feet.
(2)Height.Height shall be measured from original natural grade to
the highest point of the SWECS structure moving or fixed,
whichever is greatest,and shall not exceed thirty (30)feet.
(3)Setbacks.
a.Setbacks from property lines shall be five times the structure
height.For example:a thirty (30)foot tall system shall have a
minimum setback of 150-feet from the nearest property line.
b.This setback requirement shall also apply to public or private
roads that serve more than four adiacent 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.
(4)Ridgeline Protection Areas.
a.SWECS shall not be permitted on land designated as a
ridgeline protection area.
b.If the site contains an identified ridgeline protection area,the
Applicant may,by site-specific analysis,demonstrate that the
location of the proposed system is not on a ridgeline.
c.This shall require development plan review and approval of
the Estes Valley Planning Commission.
d.The development plan application shall include a visual
analysis,including photographic simulations,from viewpoints
as determined by Staff.
e.In determining the system is not on a ridgeline,the Planning
Commission shall find the system has been sited to avoid the
visible intrusion of the structure above the designated
ridgelines or above existing ridge-top trees or vegetation,and
thus preserve identified scenic views across or through the
site.Compliance with this standard requires siting the
structure such that the highest point is below a ridgeline so
there is a solid,mountain backdrop behind the structure.
(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
Exhibit B —Small Wind 2
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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 shaH lighting be
located in such a manner to illuminate the structure.
(7)Operating Condition.All systems shall be kept in safe operating
condition.
a.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 Lahmer
County,shall be subject to emergency enforcement
processes set forth in Section 12.6.
b.Inoperative systems shall be repaired within three (3)
months of becoming inoperative,or be subseguently entirely
removed by the owner,at the owners expense,within six (6)
months of becoming inoperative.If the installation ceases to
function as intended and designed by the manufacturer it
shall be deemed inoperative.
(8)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.
(9)Blade Speed.Systems shall be equipped with controls to limit
the rotational speed of the blade within the design limits of the
rotor.
(10)Permit Reguired.A building permit shall be reguired for the
installation of all Small Wind Energy Conversion Systems.
(11)Limit on Number.There shall not be more than one (1)system
on a lot.
(12)Swept Area shall mean the largest vertical cross-sectional area
of the wind-driven parts as measured by the outermost
perimeter of blades.
(13)Electrical Connections.Electrical connections and lines shall be
placed below ground.
Exhibit B —Small Wind 3
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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 Additional
Accessory Use A
[
A-I_j_CD CO 0 CH I-I Conditions
Small Wind Energy Yes Yes Yes Yes Yes Yes Yes 5.2.B.2.h
Conversion
Systems
D.General Dimensional and Operational Requirements.The following
standards shall apply to all accessory uses and structures in all zoning
districts,except for (1)Satellite antenna dishes accessory to residential
uses that are one (1)meter or less in diameter;and (2)Satellite antenna
dishes accessory to nonresidential uses that are two (2)meters or less in
diameter.(Ord.15-03#1)
1.Time of Establishment.No accessory use shall be established and no
accessory structures shall be allowed on the subject parcel until after all
required permits and approvals for the principal use or activity have been
obtained.(Ord.15-03#1)
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 subiect to setback requirements set forth in
Section 5.2.B.(Ord.15-031*1)
3.Setbacks from Easements.No accessory structure shall be located
within any platted or recorded easement or over any known utility.(Ord.
15-03 #1)
4.Maximum Building or Structure Size for Nonresidential Uses.[No
Changes]
Exhibit B —Small Wind 4
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5.Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses (ç ,.)
in Accessory Buildings,Accessory Sfructures and/or Principal Buildings
for Residential Uses.[No Changes]
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.
7.Building or Structure Height.The height limitations set forth in the
underlying zoning districts shall apply to all accessory buildings and
structures located therein.(Ord 15-03#1)
8.Dwelling Unit Prohibited.[No Changes]
9.Operations.Accessory structures,buildings and uses shall be
constructed,maintained and conducted to avoid production of noise,
vibration,concussion,dust,dirt,smoke,odors,noxious gases,fly ash,
heat or glare from artificial illumination or from reflection of natural light.
10.Limits on Mobile Homes/RVs.[No Changes]
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 less than
400 square feet,including appurtenant equipment which has a rated
capacity of not more than 25 kW 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.
Exhibit B —Small Wind 5