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Home My WebLink About2010- 03 an Ordinance Amending Section 14-10-5, Building Materials and Design, Vail Town Code, Pursuant to Section 14-1-3, Administration of Standards for changes to the Solar Panel Regulations I r ORDINANCE NO. 3 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar energy devices consistent with the architectural and Ordinance No. 3, Series of 2010, 2 n° Reading 1 aesthetic character of the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building Materials and Design, in order to amend regulations for solar energy devices. (Text that is to be deleted is stfiskAn. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14 -2 -1 is hereby amended as follows: Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Section 3. Section 14 -10 -5 is hereby amended as follows: H. Solar energy devices should be installed on building roofs and facades and oriented for energy production. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar energy devices may be installed within the required setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into the setback. Solar energy devices shall not be included in calculation of building height. No portion of any solar energy device shall project more than eight (8) feet from the roof plane or fayade to which the panel is attached. Solar energy devices shall not be installed within two (2) feet of a roof ridge or roof eave. Solar energy devices shall not extend higher than the existing adjacent ridgeline on roofs with pitches of 3:12 or greater. On roofs with pitches less than 3 :12, the Design Review Board shall make a determination that the solar panels are installed to minimize excessive visual impact. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the discretion of the Design Review Board. See Figures 1, 2, 3 and 4 for visual explanation of regulations. Ordinance No. 3, Series of 2010, 2 "' Reading 2 r Figure 1: R equired Distances of Solar Ener Devices from Roof Edge EL 1. 2 7 i 1 1.: f S , ? t. V C, 1- :IF 'tui 1 11111, Figure 2: Regulations Applied to a 8:12 Roof Panels shall not exceed ridgeline �'o• --------------------- - ----- - - - / ------------- — ------- . .i j . ' — PI Ordinance No. 3, Series of 2010, 2 Reading 3 r 4 Figure 3: Regulations Applied to a 3:12 Roof Panels shall not exceed ridgeline ----------------- ---- '------------ i Figure 4: Regulations applied to a Flat Roof � r Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or Ordinance No. 3, Series of 2010, 2 Reading 4 superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of February, 2010 and a public hearing for second reading of this Ordinance set for the 4th day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ` Richard D. Cleveland, Mayor AT l lei onaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of May, 2010. Richard D. Cleveland,- Mayor ATTEST: l relei onaldson, Town Clerk r OF • Vq�� •� % A'tA M OLd� Ordinance No. 3, Series of 2010, 2 n° Reading 5