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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 as,,aa)o -oao .-cn..cC To 5rg 0 0 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 0 0 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 •0 0 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 0 0 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