The O-1 district is created to provide areas for a compact, pedestrian oriented, high density center near the ski area with a mix of employment, business, retail and multi-family uses. (Ord. 2002-02, 1-17-2002)

All R-3 permitted uses and all C-1 provisions (except as noted in the development standards). (Ord. 2015-01, 11-17-2015)

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2013-07, 8-13-2013; amd. Ord. 2024-04, 12-24-2024)

   A.   Minimum Lot Area: No minimum required. Lot area must comply with minimum state requirements for water and wastewater standards.

   C.   Minimum Floor Area: One thousand two hundred (1,200) square feet for each building; minimum footprint is one thousand (1,000) square feet. No minimum required floor area for dwelling units.

      1.   Minimum Requirements:

 

 

      2.   Variances: Parking requirements may be varied in the O-1 district if a site plan is approved by the council with commission recommendation on construction projects of ten thousand (10,000) square feet or more. Variation may include locating the required parking to be at the perimeter of the development.

   H.   Drive-Up Facilities: Businesses with drive-up windows or other drive-up facilities shall provide a stacking lane ten feet (10') in width and one hundred feet (100') in length leading up to each drive-up window. Drive-up windows are not allowed on commercially zoned lots adjacent to residentially zoned lots.

   I.   Clear Sight Triangles: Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.

   J.   Recreational Vehicles: Recreational vehicles (RVs) shall not be parked in open, unscreened areas or on any public right of way overnight except within an approved RV park.

   K.   Surface Water Runoff:

   L.    Minimum Lot Width: Twenty five feet (25'). (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

   A.   Landscaping: See section 9-7-5 of this title.

   B.   Propane Tanks: See section 9-7-7 of this title.

   C.   Exterior Lighting: See section 9-7-8 of this title.

   D.   Fences And Walls: See section 9-7-10 of this title.

   E.   Architectural Appropriateness: See section 9-7-11 of this title.

   F.   Hazardous Activities: No hazardous activity shall be permitted. (Ord. 2002-02, 1-17-2002)

The O-2 district is created to provide areas for a compact, pedestrian oriented, high density center with a mix of employment, business, retail and multi-family uses. (Ord. 2002-02, 1-17-2002)

All R-3 permitted uses and all C-1 provisions (except as noted in the development standards).

Planned unit development (PUD).

Any permitted uses shall be acceptable so long as the use does not create unusual traffic hazard or any significant noise, dust, vapor, fumes, odors, smoke, vibration, glare, or industrial waste disposal problems. (Ord. 2002-02, 1-17-2002; amd. Ord. 2015-01, 11-17-2015)

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2024-04, 12-24-2024)

   A.   Minimum Lot Area: No minimum required. Lot area must comply with minimum state requirements for water and wastewater standards.

   B.   Setbacks:

      1.   Front Setbacks:

         a.   Minimum front setback: Five feet (5') from any frontage.

         b.   Maximum front setback: Twenty feet (20') from any frontage.

      2.   Minimum Side Setback: Ten feet (10') or zero lot line.

      3.   Minimum Rear Setback: Fifteen feet (15').

      4.   Minimum Setback From Mountain View Boulevard: Ten feet (10').

   C.   Minimum Floor Area: One thousand two hundred (1,200) square feet for each building; minimum footprint is one thousand (1,000) square feet. No minimum required floor area for dwelling units.

   D.   Accessory Buildings: No accessory buildings allowed.

   E.   Maximum Building Height: Forty-five feet (45').

   F.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered, and free of any building, structure, driveway, or parking area. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.

   G.   Off Street Parking Requirements:

      1.   Minimum Requirements:

 

 

      2.   Variances: Parking requirements may be varied in the O-2 district if a site plan is approved by the council with commission recommendation on construction projects of ten thousand (10,000) square feet or more. Variation may include locating the required parking to be at the perimeter of the development.

   H.   Drive-Up Facilities: Businesses with drive-up windows or other drive-up facilities shall provide a stacking lane ten feet (10') in width and one hundred feet (100') in length leading up to each drive-up window.

   I.   Clear Sight Triangles: Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.

   J.   Recreational Vehicles: Recreational vehicles (RVs) shall not be parked in open, unscreened areas or on any public right of way overnight except within an approved RV park.

   K.   Surface Water Runoff:

      1.   Private roadways and driveways shall not be constructed so as to drain onto the street.

      2.   The building and/or parking lot shall not adversely change water runoff onto adjacent lots or onto public rights of way.

   L.   Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

   M.   Minimum Lot Width: Twenty five feet (25'). (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

   A.   Landscaping: See section 9-7-5 of this title.

   B.   Propane Tanks: See section 9-7-7 of this title.

   C.   Exterior Lighting: See section 9-7-8 of this title.

   D.   Fences And Walls: See section 9-7-10 of this title.

   E.   Architectural Appropriateness: See section 9-7-11 of this title.

   F.   Hazardous Activities: No hazardous activity shall be permitted. (Ord. 2002-02, 1-17-2002)

The O-3 district is created to provide open areas, common benefit structures, and park areas as well as utility and ingress/egress easements. (Ord. 2002-02, 1-17-2002)

Outdoor recreational uses, with motorized vehicle usage limited to snowmobiles and ATVs. (Ord. 2002-02, 1-17-2002)

Buildings associated with the recreational use.

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2002-02, 1-17-2002; amd. Ord. 2024-04, 12-24-2024)

The O-4 District is created to provide areas for recreational use other than alpine skiing. (Ord. 2002-02, 1-17-2002)

Angel Fire Resort Fairgrounds.

Angel Fire Resort Golf Course.

Angel Fire Resort Membership RV Park and Stables.

Angel Fire Resort Monte Verde Lake.

Angel Fire Resort Olympic Park.

Village of Angel Fire Allen Fields Sports Facility. (Ord. 2019-04, 4-16-2019)

Outdoor recreational uses and associated activities. (Ord. 2019-04, 4-16-2019)

Buildings associated with recreation and outdoor activity, including shipping containers that are sided with wood, screened from view with trees or fences.

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2019-04, 4-16-2019; amd. Ord. 2024-04, 12-24-2024)

At each of the areas described in section 9-12D-2 of this article, the following freestanding monument signage shall be permitted:

   A.   Directional signs: A maximum of sixteen (16) square feet of face area, not to exceed a height of six feet (6').

   B.   Facility signs: A maximum of forty (40) square feet of face area, not to exceed a height of nine feet (9'). (Ord. 2012-01, 1-10-2012)

   C.   Freestanding entry sign: One freestanding sign per facility listed in section 9-12D-2 of this article with a maximum of seventy five (75) square feet of sign face area of which thirty three percent (33%) must be dedicated to identifying the area. Said sign shall not be higher than fifteen feet (15') from the ground and shall be designed and constructed to withstand a ninety five (95) mile per hour wind. Signs shall have all supports, frames and posts painted or otherwise finished. (Ord. 2013-03, 5-14-2013)

The ski area/recreational district is primarily for outdoor recreational use, including support facilities and associated commercial structures. Nonpublic structures that are not subject to state or federal regulation will be regulated by the village. All buildings for public use will conform to O-1 district regulations and the building and zoning codes. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

Accessory uses and buildings generally associated with a recreation or outdoor activity.

On premises signs as defined in section 9-12D-5 of this chapter.

Recreation or outdoor uses. Including summer recreation; hiking, mountain biking, zip lines, festivals and concerts and similar activities. (Ord. 2002-02, 1-17-2002; amd. Ord. 2012-01, 1-10-2012; Ord. 2013-07, 8-13-2013)

   A.   General Provisions: Any of the permitted uses listed in section 9-12E-2 of this article shall be conditional if the use does create unusual traffic hazard or any significant noise, dust, vapor, fumes, odors, smoke, vibration, glare, or industrial waste disposal problems. If one of these conditions exists, a conditional use permit shall be required.

   B.   Conditional Uses Enumerated:

   Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

   Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2002-02, 1-17-2002; amd. Ord. 2024-04, 12-24-2024)

Retail areas within this zone shall be landscaped as regulated by section 9-7-5 of this title. (Ord. 2002-02, 1-17-2002)

All public buildings and surrounding areas shall conform to the O-1 district requirements. (Ord. 2002-02, 1-17-2002)

The construction and operation of wind energy facilities in the village, subject to reasonable conditions that will protect the public health, safety and welfare.

   A.   Definitions:

    FACILITY OWNER: The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.

   HUB HEIGHT: The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

   OPERATOR: The entity responsible for the day to day operation and maintenance of the wind energy facility.

   TURBINE HEIGHT: The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

   WIND ENERGY FACILITY: An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

   WIND FIN: A wind energy conversion system that uses small scale (less than 10 kW) devices, generally mounted on the ground, rather than on tall towers, and uses a vertical method to turn the fins, rather than being mounted on tall towers or using large scale (greater than 10 kW) horizontal propeller type turbines.

   WIND TURBINE: A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.

   B.   Applicability:

      1.   This section applies to all wind energy facilities proposed to be constructed after the effective date hereof, except that this section is not intended to apply to stand alone wind turbines constructed primarily for residential or farm use.

      2.   Wind energy facilities constructed prior to the effective date hereof shall not be required to meet the requirements of this section; provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this section.

   C.   Permitted Use: A wind energy facility shall be considered a conditional use in the O-5 district.

   D.   Permit Requirement:

      1.   No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within Angel Fire unless a permit has been issued to the facility owner or operator approving construction of the facility under this title.

      2.   Any physical modification to an existing and permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this section. Like kind replacements shall not require a permit modification.

   E.   Permit Application:

      1.   The permit application shall demonstrate that the proposed wind energy facility will comply with this section.

      2.   Among other things, the application shall contain the following:

         a.   A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

         b.   An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

         c.   Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

         d.   A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

         e.   Documents related to decommissioning.

         f.   Other relevant studies, reports, certifications and approvals as may be reasonably requested by the village to ensure compliance with this section.

   F.   Design And Installation:

      1.   Design Safety Certification: The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

      2.   Uniform Construction Code: To the extent applicable, the wind energy facility shall comply with the New Mexico building codes.

      3.   Controls And Brakes: All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

      4.   Electrical Components: All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

      5.   Visual Appearance; Power Lines:

         a.   Wind turbines shall be a nonobtrusive color such as forest green or dark blue.

         b.   Wind energy facilities shall not be artificially lighted, except to the extent required by the federal aviation administration or other applicable authority that regulates air safety.

         c.   Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator, not to exceed ten (10) square feet.

         d.   On site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

      6.   Warnings:

         a.   A clearly visible warning sign concerning voltage must be placed at the base of all pad mounted transformers and substations.

         b.   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guywires and along guywires up to a height of ten feet (10') from the ground.

      7.   Climb Prevention/Locks:

         a.   Wind turbines shall not be climbable up to fifteen feet (15') above ground surface.

         b.   All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

   G.   Setbacks:

      1.   Occupied Buildings:

         a.   Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

         b.   Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five (5) times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

      2.   Property Lines: All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest property line.

      3.   Public Roads: All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right of way line of the nearest public road to the center of the wind turbine base.

   H.   Use Of Public Roads:

      1.   The applicant shall identify all state and local public roads to be used within the village to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

      2.   The village's engineer or a qualified third party engineer hired by the village and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again thirty (30) days after construction is complete or as weather permits.

      3.   The village may bond the road in compliance with state regulations.

      4.   Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

      5.   The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

   I.   Local Emergency Services:

      1.   The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

      2.   Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

   J.   Noise And Shadow Flicker:

      1.   Audible sound from a wind energy facility shall not exceed fifty (50) dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA standard 2.1 - 1989 titled "Procedures For The Measurement And Reporting Of Acoustic Emissions From Wind Turbine Generation Systems Volume I: First Tier".

      2.   The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

   K.   Waiver Of Noise And Shadow Flicker Provisions:

      1.   Property owners may waive the noise and shadow flicker provisions of this section by signing a waiver of their rights.

      2.   The written waiver shall notify the property owner(s) of the sound or flicker limits in this title, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limits in this title.

      3.   Any such waiver shall be recorded in the office of the Colfax County clerk. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limits shall run with the land and may forever burden the subject property.

   L.   Signal Interference: The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.

   M.   Liability Insurance: There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Certificates shall be made available to the village upon request.

   N.   Decommissioning:

      1.   The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within twelve (12) months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.

      2.   Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty six inches (36"), and any other associated facilities.

      3.   Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

      4.   An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the village after the first year of operation and every fifth year thereafter.

      5.   The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than twenty five percent (25%) of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the village.

      6.   Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the village.

      7.   If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection N1 of this section, then the landowner shall have six (6) months to complete decommissioning.

      8.   If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsections N1 and N7 of this section, then the village may take such measures as necessary to complete decommissioning.

      9.   The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.

   O.   Public Inquiries And Complaints:

      1.   The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

      2.   The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints. (Ord. 2006-15, 12-12-2006)

The Girl Scout Ranch, Recreational District is primarily for outdoor recreational use, including support facilities and associated commercial structures. Nonpublic structures that are not subject to State or Federal regulation will be regulated by the Village. All buildings for public use will conform to O-1 District regulations and the Building and Zoning Codes. (Ord. 2019-08, 7-30-2019)

Accessory uses and buildings generally associated with a recreation or outdoor activity.

Lodging.

On premises signs as defined in section 9-12D-5 of this chapter.

Recreation or outdoor uses. Including summer recreation; hiking, mountain biking, zip lines, festivals and concerts and similar activities. (Ord. 2019-08, 7-30-2019)

   A.   General Provisions: Any of the permitted uses listed in section 9-12F-2 of this article shall be conditional if the use does create unusual traffic hazard or any significant noise, dust, vapor, fumes, odors, smoke, vibration, glare, or industrial waste disposal problems. If one of these conditions exists, a conditional use permit shall be required.

   B.   Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small non-illuminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2019-08, 7-30-2019; amd. Ord. 2024-04, 12-24-2024)

Retail areas within this zone shall be landscaped as regulated by section 9-7-5 of this title. (Ord. 2019-08, 7-30-2019)

All public buildings and surrounding areas shall conform to the O-1 District requirements. (Ord. 2019-08, 7-30-2019)