HomeMy WebLinkAboutORDINANCE 21-10AN 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”be approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
Section 1.
forth on Exhibit “A”.
The Estes Valley Development Code shall be amended as more fully set
Section 2.Ordinance No.20-10 which extended the temporary moratorium on the
processing and issuance of building permits for the installation of any small wind energy
conversion systems within the Town of Estes Park is repealed as of the effective date of this
Ordinance.
Section 3.
adoption and publication
This Ordinance shall take effect and be enforced thirty (30)days after its
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO,THIS DV’-DAY OF Stp-r-&p ,2010.
AHEST:
N
TØ&Clerk
C)
ORDINANCE NO.21-10 0
0
I hereby certify that the above Ordinance was introduced and read at a regular meeting of
the Board of Trustees on the Z-”day of Sacc.jap 2010 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the i day
of ocxop..ca.,2010,all as required by the Statutes of the State of Colorado.
U LN a eQJac5Williamson,Town Clerk
0 0
Exhibit A:Small Wind
FORMAT:
1)Existing text in black font.
2)Proposed new text in underlined text.
§2.1 CODE ADMINISTRATION AND REVIEW ROLES
B.Table 2-1:Code Administration and Review Roles.
REVIEW AND DECISION-MAKING AUThORIW
PROCEDURE
Staff EVPC Boards_[1]BOA [1]
Location and Extent Review R DM 131 DM A 131 —
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]The Staff shall have decision-making authority on development plan applications
specified for “Staff Review”in Table 3-3 of this Code.See Section 3.8 “Development
Plan Review.”The EVPC shall have decision-making authority on those
development plans specified for “EVPC Review”in Table 3-3 of this Code.Appeals
from Staff decisions on a development plan shall be to the EVPC.Appeals from
EVPC decisions on a development plan shall be to the respective Board.
§3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE
F.Summary Table—Standard Development Review Process by Application Type.
Step 2
StCD I Application!Stec 3
Pre-Application Completeness Staff Review &Sten 4 Step 5
Conference Certification Report EVPC Action Board ActionAandHAAAAPE
________
H A A A APE
V =Voluntary =Mandatory A”=Applicable N/K =Not Applicable”APP =
Appeals BOA”=Board of Adjustment SR”=Special Requirements (Refer to Text)
Exhibit A:Small Wind 1
a C
§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 aDDrOVaI 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
Chapter 5,“Use Regulations,”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 set forth in the 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.
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning
Districts
Exhibit A:Small Wind 2
C
2.Additional Requirements for Specific Accessory Uses/Structures
Permitted in the Residential Zoning Districts.
h.Small Wind Energy Conversion Systems (SWECS,or “system”).
a.Site olan.includina:
b.
property lines with distances and
including:manufacturer;model;rotor diameter and/or swept
area;structure height to highest point;and tower design.
Tower and foundation blueprints and drawings.
Electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to the
National Electric Code.
-I
C
fr
Residential Zoning District
“Yes”=Permitted
“No”=Not Permitted
Accessory “CUP”=Conditional Use Permit Additional
Use RE-I_[RE E-I E LR R
-Requirement
I R2 RM s
Small Wind CUP CUP
Energy
Conversion
Systems
CUP CUP CUP CUP CUP CUP §5.2.B.2.h
(1)Conditional Use Permit.
a.A conditional use permit shall be required for all systems.
b.The purpose of the conditional use permit is to ensure the
system mitigates,to the maximum extent feasible:potential
adverse impacts on nearby land uses,public facilities and
services,and the environment.
c.This shall require the system be located and sized to lessen
the impacts (such as to principal view corridors)on nearby
land uses and properties regardless of any associated
negative impacts on system performance.
(2)Submittal Requirements.
bearings;location and dimensions of existing structures on the
site;location of the proposed wind turbine and appurtenant
equipment;setback from property lines;rights-of-way or
easements for any adloining roads or drives;edge of any
adioining roads or drives;existing utilities and utility
easements;extent of shadow during winter solstice.
Small wind energy conversion system specifications,
C.
d.
Exhibit A:Small Wind 3
0 0
e.The site plan and foundation plan shall be stamped by a
professional engineer.
(3)Review Criteria.Through the Conditional Use Permit review
process,the small wind energy conversion system shall be
evaluated for compliance to review criteria including,but not
limited to:
a.Visual Impact.SWECs shall be sited and sized in a manner to
minimize visual impact to principal view corridors of adjoining
properties.The Planning Commission may reguire the
structure to be located outside of said principal view corridors.
Prindpal view corridors shall be those views from primary
living areas of the principal structure on a lot.
b.Noise.SWECS shall be sited to ensure compliance with
maximum noise levels set forth in the development code.
c.Shadow-flicker.SWECs shall be sited in a manner that does
not result in shadowing or flicker impacts on structures located
on adjoining properties.
d.Color.The color of the SWECS shall either be the stock color
from the manufacturer or painted with a non-reflective grey or
white color.
e.Design.All towers shall be freestanding.
f.Wildlife.SWECs shall be subiect to Wildlife Habitat Protection
standards set forth in Section 7.8.
(4)Building Permit Required.A building permit shall be reguired
for the installation of all Small Wind Energy Conversion
Systems.
(5)Limit on Number.There shall not be more than one (1)system
on a lot.
(6)Size.The swept area of any individual system shall not exceed
one hundred and twenty-five (125)square feet.
(7)Swept Area shall mean the largest vertical cross-sectional area
of the wind-driven parts as measured by the outermost
perimeter of blades or the largest cross-sectional area of any
shroud or cowling enclosing the wind-driven parts.
(8)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.
Exhibit A:Small Wind 4
C
(9)Setbacks.
a.Setbacks from all property lines shall be at least 2 times the
structure height.For example:a thirty (30)foot tall system
shall have a minimum setback of 6O4eet from the nearest
property line.
Li 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.
(10)Ridgeline Protection Areas.Small wind energy conversion
systems shall be subiect to Ridgeline Protection Standards set
forth in Section 7.2.C.
(11)Noise.All systems outside the Town limits of the Town of Estes
Park shall comply with the noise standards found in Ladmer
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.
(12)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.
(13)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 Section 12.6.
(14)Safety Regulations.All small-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;
Li.Enclosures.Blades and moving parts shall be enclosed with
either fencing,grilles,guards,screening,shrouds or any
combination thereof.
Exhibit A:Small wind 5
0 0
(15)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
“CUP”=Conditional Use Permit AdditionalUAA-I_]_CD Co 0 CH_J_I-I Conditions
Small Wind Energy CUP CUP QYE CUP CUP 2!?CUP 5.2.B.2.h
Conversion
Systems
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 subiect to setback requirements set forth in
Section 5.2.B.(Ord.15-03#1)
6.Maximum Number of Freestanding Accessory Buildings and Structures,
Including Detached Garages,Per Single-Family Residential LoL 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.
Exhibit A:Small Wind 6
0 0
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 one hundred and twenty-five (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.
Exhibit A:Small Wind 7