HomeMy WebLinkAboutORDINANCE 12-20ORDINANCE NO.12-20
AN ORDINANCE PROVIDING FOR ADMINISTRATIVE APPROVAL
OF SPECIAL EVENTS
WHEREAS,the Town supports organized special events including sidewalk sales
and desires to establish an administrative process for their approval.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:The Town of Estes Park Municipal Code is hereby amended by the
addition of section 9.12.030,to read as follows:
9.12.030.Special events.
(a)The Events and Visitor Services Director may approve permits on public
and private property for special events.
(b)Scope.Special events may include:
(1)temporary events or promotions,including a sidewalk sale or
block party,that uses a barricade,booth,table,rack,structure,
cart,or other display equipment;
(2)events in town parks,whether or not admission is charged;and
(3)occasions in which a group of persons collectively engage in a
sport or form of physical exercise which obstructs,delays or
interferes with the normal flow of pedestrian or vehicular traffic
and controls,including,but not limited to,bicycle and foot races.
(c)Before issuing a special event permit,the Events and Visitor Services
Director shall consult with the directors of all affected Town departments
or their designees,and shall condition the permit as necessary to protect
the public health,safety,and welfare,and the orderly flow of vehicular
and pedestrian traffic.Conditions may include,without limitation,
requirements for insurance and indemnity,security deposit,access and
traffic control plans,and maintenance of public property.
(d)Before granting a special event permit for a new event in Bond Park,the
Events and Visitor Services Director shall present the application to the
Town Board for review.
(e)No special event permit shall extend longer than twelve months.
(f)Approved special events are exceptions to the prohibitions of other
sections of this chapter,chapter 12.08 (excavations and obstructions),
section 4.4(D)(1)(a)of the development code,and development code
requirements for temporary use permits.
(g)The Events and Visitor Services Director may suspend or revoke a
special event permit at any time,effective immediately,upon
determining that such revocation is necessary to protect the public
health,safety,or welfare,or that the holder of the permit is not ensuring
compliance with permit conditions or federal,state,or local laws.
(h)Within ten days of the Town mailing or otherwise providing notice of
denial,approval with conditions,suspension,or revocation of a special
events permit to an applicant or permittee,the applicant or permittee
may appeal such denial or revocation to the Town Administrator by tiling
with the Town Clerk a written petition specifying the allegations of error
claimed.The Town Administrator or their designee shall conduct a
hearing complying with basic procedural due process to determine the
issues presented.
(i)Upon permit revocation or expiration,or suspension if required,the
permit holder shall promptly remove any associated structures,material
or equipment from the public property and restore the public property to
its prior condition.Upon reasonable advance notice and demand for
removal,if the permit holder fails to comply,the items shall be deemed
abandoned,the Town may remove and dispose of same,and the permit
holder shall be responsible to pay the Town all reasonable costs of
removal,storage and restoration.
(j)Violation of this section or any condition of a special event permit is
unlawful and punishable under chapter 1 .20 of this code.
Section 2:The Board amends Section 4.4(D)(1)(a)(3)of the Estes Park
Development Code by adding underlined material,to read as follows:
D.Additional Zoning District Standards.
Operational Requirements.
a.Outdoor Sales,Use,Storage and Activity in the CD Zoning District.
(1)Except as may be allowed in paragraph (3)below,all retail sales,displays and
activities and all other uses,storage and activity shall be wholly contained
within the interior of a building or permanent structure.
(2)Retail merchandise shall not be displayed in any way on doors that provide
customer access to a building or on windows that open out onto or over public
ways,including sidewalks,pedestrian paths/trails or permitted outdoor
eating/serving area.
(3)Exceptions.Notwithstanding paragraph (1)above,the following outdoor uses,
storage or activity shall be permitted within the CD zoning district:
(a)Municipal uses,provided that such municipal uses are approved by the
Board of Trustees.
(b)Permitted outdoor seating and dining areas (See §5.1 .M).
(c)Parking lots as a principal use or parking lots and loading areas as
permitted accessory uses,subject to screening,landscaping and other applicable
requirements set forth in this Code.
(d)Accessory refuse collection areas subject to screening and other
applicable requirements set forth in this Code.
(e)Automated Teller Machine (ATM)and/or interactive kiosks intended to
serve walk-up customers only.ATMs or kiosks shall not obstruct the movement of
pedestrians through plazas,along adjoining sidewalks or through other areas
intended for public usage.
(f)Outdoor mobile food vendor uses.
(g)Special events as approved under section 9.12.030 of the Estes Park
Municipal Code.
Section 3:All ordinances in conflict with this Ordinance are hereby repealed to the
extent of such inconsistency.To the extent that it is still in effect,Ordinance 15-91 is
hereby repealed.
Section 4:This Ordinance shall take effect and be enforced thirty (30)days after
its adoption and publication.
PASSED ND ADOPTED by the Board of Trustees of the Town of Estes Park
Colorado this \day of (*O2L1L ,2020.
TOWN OF ESTES PARK,COLORADO
ATTEST:
Tn Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of C’,k2e,#,2020 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the day
of t’Ck’±9p ,2020,all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
Town Attorney