HomeMy WebLinkAboutORDINANCE 29-780 0,
ORDINANCE NO.29 -78
AN ORDINANCE AMENDING SECTIONS 1.04.020,
17.08,17.24.020,17.28.020,17.32.020,
17.36.020 and 17.48.020 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 1.04.020 of the Municipal Code
of the Town of Estes Park,Colorado,is amended by deleting the
following:
31.“Amusement”means an establishment or enterprise
which attracts people for the purpose of amusing or entertaining
them;provided,however,the fact that the attraction of any such
enterprise or establishment may also be educational,or the fact
that a retail business,including but not limited to the sale of
souvenirs,may be conducted on the same premises within the same
structure or in conjunction with said attraction,shall not except
the enterprise or business from being an amusement.
Section 2.Section 17.08 of the Municipal Code of the
Town of Estes Park,Colorado,is amended by adding the following
section:
17.08.350 Amusements.“Amusements”mean an establish
ment or enterprise for the purpose of amusing or entertaining per
sons,including by way of example,but not in limitation,museums,
bowling alleys,pool halls,arcades,dance halls,puppet shows,
theaters,cinemas,concerts,stage shows,roller and ice skating
rinks,sport facilities,and recreational facilities,whether such
establishments be indoor or outdoor,for profit or not for profit,
or in conjunction with another use on the premises.This section
shall not inc1ue devices for amusement and entertainment,in
cluding by way of example,but not in limitation,jukeboxes,pool
tables,coin operated games,pinball machines,television and
radio,where such devices are clearly incidental and subordinate
to the principal use of the enterprise or establishment.
Section 3.Section 17.24.020 1.of the Municipal Code of
the Town of Estes Park,Colorado,is amended to read as follows:
17.24.020 1.any use permitted by right in the R-l
residential district;
Section 4.Sections 17.28.020 1.and 2.of the Municipal
Code of the Town of Estes Park,Colorado,are amended to read as
follows:
17.28.020 1.any use permitted by right in the R-l
residential district;
2.any use permitted by right in the R-2
multiple family residential district;
(Th
Section 5.Section 17.32.020 1.and 3.of the Municipal
Code of the Town of Estes Park,Colorado,are amended to read as
follows:
1.Any use permitted by right in the C-2 restricted
commercial district;
3.Uses permitted by special review:
a.Places for amusement;
b.Pet stores,small animal hospitals and
kennels;
c.One-family dwellings,two-family dwellings,
and guest dwellings;
d.Nursing homes;
e.Carillons and electronic instruments
imitating a carillon;
f.Self—storage warehouses;
g.Massage parlors.
Section 6.Section 17.36.020 1.,2.and 4.of the Munici
pal Code of the Town of Estes Park,Colorado are amended to read
as follows:
1.Any use permitted by right in the R-2 multiple-
family residential district,except one-family dwellings,two-
family dwellings and guest dwellings;provided,that guest dwell
ings shall not be construed to be tourist accomodations or to
prohibit such a use in this zoning district;and provided that
amusements are restricted as hereinafter set forth;
2.Tourist accomodations,business and services cus
tomarily required and used by tourists,including the following
and none other:automobile parking areas,boarding houses and
rooming houses,curio,art,gift and antique shops,gasoline ser
vice stations,greenhouses,grocery stores,hotels and motels,
including incidental business sales within the principal building,
medical and dental clinics,membership clubs,establishments
serving food and beverages,drive—in restaurants,provided that
alcoholic liquor or fermented malt beverages,as defined by state
law,are not sold on such drive—in premises,private schools,
public schools,professional offices and country clubs.
4.Uses permitted by special review:
a.Places for amusement;
b.Pet stores,small animal hospitals and
kennels;
c.One-family dwellings,two-family dwellings
and guest dwellings;
d.Nursing homes;
e.Carillons and electronic instruments
imitating a carillon;
f.Self—storage warehouses.
Section 7.Section 17.36.020 5.of the Municipal Code
of the Town of Estes Park,Colorado,is amended by deleting the
following:
5.Anything to the contrary contained in Section
1.04.020 of the code notwithstanding,the term “amusement”as used
in this section means an outdoor function or endeavor of any
nature whatsoever which attracts people for the purpose of amusing
or entertaining them,including by way of example but not in limi
tation,rock concerts and outdoor broadcasting emitting audible
sounds.The fact that any such function or endeavor may also be
educational,or the fact that a retail business,including but not
in limitation a hotel or motel,may be located or conducted on the
same premises,or in conjunction with such function or endeavor,
shall not except the function or endeavor from being an amusement
under this section.
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Section 8.Section 17.48.020 1.of the Municipal Code
of the Town of Estes Park,Colorado,is amended to read as
follows:
17.48.020 1.Any use permitted by right in C-l
commercial district;
Section 9.The Board of Trustees of the Town of Estes
Park,Colorado,herewith finds,determines and designates that
this Ordinance is necessary for the immediate preservation of
the public peace,health and safety for zoning affects the public
peace,health and safety;and whereas,in the opinion of the
Board of Trustees,an emergency exists,this Ordinance shall take
effect and be in force after its final passage,adoption and the
approval and signature of the Mayor.
PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING
THIS 14th DAY OF November ,1978.
‘ayor
I hereby certify and attest that the above Ordinance was
introduced and read at a regular meeting of the Board of Trustees
on the 14th day of November ,1972,and published in a
newspaper of general circulation in the Town of Estes Park,
Colorado,on the 17th day of November ,1972,all as re
quired by the Statutes of the State of Colorado.
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