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Home My WebLink About2011-05 Building Materials and Design Solar Energy Device Regulations22 ORDINANCE NO. 5 SERIES OF 2011 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 ENERGY DEVICE REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the members of the Planning and Environmental Commission of the Town have been duly appointed and qualified; 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; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 10, 2011 meeting, and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council 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; WHEREAS, the Vail Town Council finds that the proposed amendments further the general purpose of Title 14, Development Standards, Vail Town Code; WHEREAS, the Vail Town Council 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; 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 further the policy direction of the Vail Town Council for solar energy devices and will provide more appropriate, improved regulations for solar energy devices consistent with the architectural and aesthetic character of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 5, Series of 2011, second reading 1 Section 1. Section 14 -2 -1 is hereby amended as follows (Text that is to be deleted is sWskizP. Text that is to be added is bold. Sections of text that are not amended may be omitted.): 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 ee�e#s comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Section 2. Section 14 -10 -51-1 is hereby amended as follows (Text that is to be deleted is striskep. Text that is to be added is bold. Sections of text that are not amended may be omitted.): H. Solar Energy Devices: 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit the creation of a elevated perceived roofline by solar energy devices. 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by Section 14- 10 -5H -11 of this Code. in Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a 50 degree orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false fagade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four (4) feet into a required setback area. - installed the setbaelF 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 8. Solar energy devices shall project no further from the building fagade or roof plane than the minimum distance necessary to achieve up to a 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8) from the building fagade or roof plane of fasaEle to which the solar energy device del is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper, solar energy device shall extend no higher than one (1) foot above the ridgeline. 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. , gp Ordinance No. 5, Series of 2011, second reading 2 11. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the disGFetiGp No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building fagade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. Section 3. 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 4. 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 5. 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 superseded unless expressly stated herein. Section 6. 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. Ordinance No. 5. Series of 2011, second reading 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19' day of April, 2011 and a public hearing for second reading of this Ordinance set for the 3r day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. O; •,gj Richard D. ("t evelan �M�avor ATTEST: •. COD ;0 'v r �,( 4 Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3 day of May, 2011. r Richard D. evel , Mayor ATTEST: OF Vq LoreleV Donaldson, Town Clerk ' 'O COLO� Ordinance No. 5, Series of 2011, second reading 4