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Home My WebLink About20083046.tiff '37 O; v( Q(t(h( 1171 ;cg WELD COUNTY CODE ORDINANCE 2008-16 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption , and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein . NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1 -90. Definitions. WIND GENERATOR: A generator specifically designed to convert the kinetic energy in wind into electric energy. A WIND GENERATOR may include a generator, tower, and associated control or conversion electronics . The height of a wind tower is measured at the hub of the generator. Add Sec. 23-3-30.N, 23-3-210.C.5, 23-3-220.C.5, 23-3-230.C.4, 23-3-240.C.8, 23-3-310.C.8, 23-3-320.C.7, and 23-3-330.C.7 to state the following: WIND GENERATOR(S), which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 12, of the Weld County Code. Add Sec. 23-3-40.DD, 23-3-210.D. 10, 23-3-220.D.8, 23-3-230.D.9, 23-3-240.D.4, 23-3-310.D.8, 23-3-320.D. 13, and 23-3-330.D.14 to state the following: WIND GENERATOR(S) requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 12, of the Weld County Code. 2008-3046 PAGE 1 ORD2008-16 ARTICLE IV Supplementary District Regulations Add Div. 6, as follows: Division 6 Wind Generators and Permitting Requirements Sec. 23-4-450 : Wind Generator Standards: WIND GENERATORS are allowed as accessory uses, subject to Zoning Permit for WIND GENERATOR requirements, or as a Use-by-Special Review Permit, per the height guidelines and maximum numbers for LEGAL LOTS, below. The height of a wind tower is measured at the hub of the generator: Lot Size (Gross Acres) Accessory Use Zoning Permit for Use-by-Special Review (Building Permit WIND GENERATOR Permit Required only) 1 Acre - 2.49 Acres Up to 40 feet and rotor 41 — 60 feet Above 60 feet, or more diameter 12-feet or less than 3 per LEGAL LOT 2.5 Acres — 4.99 Acres Up to 60 feet and below 61 -120 feet Above 120 feet, or and rotor diameter of more than 3 per 14-feet or less LEGAL LOT 5 Acres — 34.99 Up to 120 feet and 121 -180 feet Above 180 feet, or Acresand Above below and rotor more than 3 per diameter 25 feet or less LEGAL LOT All WIND GENERATORS are subject to the following standards: A. Up to three (3) WIND GENERATORS per LEGAL LOT are allowed . More than three (3) WIND GENERATORS on a LEGAL LOT shall require the issuance of a Use-by-Special Review Permit, pursuant to the requirements of Article II , Division 4 of this Chapter, or the issuance of a 1041 Permit, pursuant to the requirements of Article III , Chapter 21 of this Code. B. WIND GENERATORS requiring the issuance of a Zoning Permit for Wind Generator are subject to the application requirements of Section 23-4-980 of this Code. WIND GENERATORS requiring the issuance of a Use-by-Special Review Permit are subject to the application requirements of Section 23-2-260 of this Code. WIND GENERATORS requiring the issuance of a 1041 Permit are subject to the application requirements of Article III , Chapter 21 of this Code. C. All WIND GENERATORS must be setback from property lines, public rights-of-way, and access easements of a distance at least one ( 1 ) times the hub height of the generator. D. All WIND GENERATORS must be setback from any existing or planned overhead lines a distance of at least one ( 1 ) times the hub height of the generator. 2008-3046 PAGE 2 ORD2008- 16 E. No part of the system , including guy wire anchors, shall extend closer than 30 feet to the property boundary. F. WIND GENERATORS must be painted or coated a non-reflective white, grey, or other neutral color. G. WIND GENERATORS must not be artificially illuminated , unless required by Federal Aviation Administration ( FAA). H . Electrical controls must be wireless or underground , and power lines must be underground , except for and interconnection to an existing above ground power grid . I . WIND GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR): 1 ) Residential: 50 Decibels. 2) Commercial: 55 Decibels. 3) Light Industrial ( I-1 Industrial): 65 Decibels. 4) Industrial ( 1-2 and 1-3 Industrial): 75 Decibels. J . WIND GENERATORS are subject to applicable Federal Aviation Administration ( FAA) requirements and/or permits. K. WIND GENERATORS generating power as a commercial enterprise may be subject to regulation by the Colorado Public Utilities Commission . L. If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. M. WIND GENERATORS shall not create a detrimental effect on nearby properties through electromagnetic interference: Sec. 23-4-460. Zoning Permit for WIND GENERATOR permit application requirements. An application for a Zoning Permit for a WIND GENERATOR shall include the following : A. Name, address, and telephone number of the applicant. B. Name, address, and telephone number of the owner of the land, if different from subsection A, above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. 2008-3046 PAGE 3 ORD2008-16 E. If proposing to interconnect to a utility company, copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. F. Number of acres of the property. G. Elevation drawings of the proposed facility showing all towers, structures, and other improvements related to the facility, showing specific materials, placement, and colors. H . Weld County road access information sheet. I . A vicinity map showing adjacent properties, general land uses, zoning , and roadways: 1 . Within five hundred (500) feet of the proposed wind generator site. J . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet, or other suitable scale to show: 1 . The proposed location of the wind generator(s) and other support structures (guy wires), including distances from the property LOT lines, above ground power lines and other STRUCTURES on the property. 2 . Location and measurements of any easements or rights-of-way. 3. Amount of road frontages. 4. Identification of any county, state, or federal roads or highways. 5. Existing STRUCTURES on the property. K. An application fee. L. A certified list of the names, addresses, and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the wind generator(s) shall be placed . The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. M . Notification responses of at least thirty percent (30% ) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the WIND GENERATOR(S ). 2008-3046 PAGE 4 ORD2008-16 Sec. 23-4-470. Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a wind generator which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the wind generator. If opposed , the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the wind generator. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section , subsection , paragraph , sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph , sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid . 2008-3046 PAGE 5 ORD2008-16 The above and foregoing Ordinance Number 2008-16 was , on motion duly made and seconded , adopted by the following vote on the 8th day of December, A. D. , 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H . Jerke, Chair Weld County Clerk to the Board Robert D. Masden , Pro-Tern BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: David E. Long County Attorney Douglas Rademacher Publication : October 17, 2008 First Reading : October 27, 2008 Publication : November 7, 2008, in the Greeley Tribune Second Reading : November 17, 2008 Publication : November 28, 2008, in the Greeley Tribune Final Reading : December 8, 2008 Publication : December 19, 2008, in the Greeley Tribune Effective: December 24, 2008 2008-3046 PAGE 6 ORD2008-16 Hello