HomeMy WebLinkAboutORDINANCE 15-80ORDINANCE NO.
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AN ORDINANCE ANENJDING CHAPTER 17.68 OF
THE MUNICIPAL CODE OF THE TOWN OF ESTES
PARK,COLORADO,THE SAME PERTAINING TO
ZONING
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
Section 1.That Section 17.68.010 of the Municipal Code
of the Town of Estes Park,Colorado is amended to read as follows:
17.68.010 Defined.A.A “nonconforming use”includes any
legally existing use whether within a building or on a tract of
land,which does not conform to the use regulations of this title
for the zoning district in which such nonconforming use is
located either at the effective date of this title or as a result
of subsequent amendments which may be incorporated into this title.
B.A “nonconforming building”includes any legally existing
building which does not conform to the applicable regulations of
this title for the zoning district in which such “nonconforming
building”is located,either at the effective date of this title
or as a result of subsequent amendments which may be incorporated
into this title.
Section 2.That Section 17.68.020 of the Municipal Code of
the Town of Estes Park,Colorado is amended to read as follows:
17.68.020 Continuation of Use.A nonconforming use may be
continued and a nonconforming building may continue to be occupied
except as both of the foregoing are otherwise provided for in
this chapter.
Section 3.That 17.68.030 of the Municipal Code of the
Town of Estes Park,Colorado is amended to read as follows:
17.68.030 Change of Use.A nonconforming use may be changed
to a conforming use.
Section 4.That 17.68.040 of the Municipal Code of the
Town of Estes Park,Colorado is amended to read as follows:
17.68.040 Abandonment of Use.If operation of a nonconforming
use is discontinued for a period of one (1)year,the building,
other structure or tract of land where such nonconforming use pre
viously existed shall thereafter be occupied and used only for a
conforming use.Intent to resume active operation shall not affect
the foregoing.
Section 5.That 17.68.050 of the Municipal Code of the
Town of Estes Park,Colorado is amended to read as follows:
17.68.050 Restoration.A nonconforming building or a
building or structure containing a nonconforming use which has
been damaged by fire or other causes to an extent greater than
a
‘0
fifty percent f 50%)of the fair market value of said building
or structure on the date of said damage may be restored to its
original condition provided such work is started within six (6)
months of said damage and completed within one (1)year of the
date of said damages.
Section 6.That 17.68.060 of the Municipal Code of the
Town of Estes Park,Colorado is amended to read as follows:
17.68.060 Enlargement of a Building Containing Nonconforming
Use.A building containing a nonconforming use shall not be
enlarged or extended.
Section 7.That Chapter 17.68 of the Municipal Code of
the Town of Estes Park,Colorado is amended by adding thereto a
new Subsection 17.68.070 as follows:
17.68.070 Alteration of Nonconforming Building.A nonconform
ing building shall not be structurally altered,enlarged or extended.
Section 8.That Chapter 17.68 of the Municipal Code of
the Town of Estes Park,Colorado is amended by adding thereto a
new Subsection 17.68.080 as follows:
17.68.080 Repairs and Maintenance.Ordinary repairs and
maintenance of nonconforming buildings and structures containing
nonconforming uses shall be permitted.
Section 9.That Chapter 17.68 of the Municipal Code of
the Town of Estes Park,Colorado is amended by adding thereto a
new Subsection 17.68.090 as follows:
17.68.090 Minimum Areas.Where an individual lot,parcel
or tract of land was held in separate ownership from adjoining
lands,or land was platted into lots,parcels or tracts,and
the plat thereof was recorded in the records of the clerk and
recorder of Larimer County,Colorado,prior to August 30,1971,
or the preliminary plat thereof was approved by the town plan
ning commission prior to August 30,1971,and the final plat
thereof was approved by the board of trustees,and recorded
in the records of the clerk and recorder of Larimer County,
Colorado,prior to January 1,1972,such lots,parcels or
tracts of land may have the following minimum areas and they
shall have no minimum lot width requirement:
Property Zoned Minimum Area
E-1 estate district One acre
E-2 estate district Two acres
R residential district One—family dwelling,
9,000 square feet
R—1 residential district One-family dwelling,
9,000 square feet;
Two-family dwelling,
13,500 square feet
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0
Property Zoned Minimum Area
R-2 multiple family resi-One family,two family,or multi—
dential district family dwelling 7,000 square feet
for a one family or two family
dwelling,plus 1,000 square feet
for every dwelling unit in excess
of 2;uses 3a 7,000 square feet
plus 1,000 square feet for each
dwelling unit in excess of 2;35
16,000 square feet plus 1,000 square
feet for each tourist accommodation
unit in excess of 2;uses 4 and 5
16,000 square feet
R-3 mobile home park R-l and R-2 district use same as
the districts.Mobile home parks
as provided elsewhere in this code
C—2 restricted commercial R—1 and R—2 district use same as
the districts.Other uses,none
C-l commercial district Same as C—2
I—i restricted industrial Same as C—2
district
Where an individual lot,parcel or tract of land was held in
separate ownership from adjoining lands,or land was platted into
lots,parcels or tracts and the plat thereof was recorded in the
records of the clerk and recorder of Larimer County,Colorado,
prior to August 1,1947,and such lots,parcels or tracts of land
have a total area less than the minimum areas set forth above,
such lots,parcels or tracts of land may be used for a one—family
dwelling.In addition,the side yard requirements for such lots
may be reduced one and one—half feet from the side yard requirements
of the zoning district in which they are located for each one thou
sand square feet or difference between the actual lot area and seven
thousand square feet.
The provisions of this section shall not apply to lots,
parcels or tracts of land which are reduced in total area after
August 30,1971.
Section 10.The Board of Trustees of the Town of Estes Park,
Colorado,herewith finds,determines and designates that this
Ordinance is necessary for their immediate preservation of the public
peace,health and safety,in order to provide for uniform zoning
regulations;and whereas,in the opinion of the Board of Trustees,
an emergency exists,this Ordinance shall take effect •and be in
force immediately after its passage,adoption and signature of the
Mayor.
A’ayor
I hereby certify that the above ordinance was introduced
and read at a regular meeting of the Board of Trustees on the
—3—
_____
day of
________________,
1980,and published in a newspaper
of general circulation in the Town of Estes Park,Colorado,on
the
____
day of
_____________,
1980,all as required by the
Statutes of the State of Colorado.
i\Tow Clerk
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