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HomeMy WebLinkAboutORDINANCE 20-770 ORDINANCE NO.20 -77 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 17.36.020 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO RELATING TO PERMITTED USES IN A C-2 RESTRICTED COMMERCIAL DISTRICT. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 17.36.020 of the Municipal Code of the Town of Estes Park,Colorado,is hereby repealed and re—enacted as follows: Section 1.17.36.020 Permitted uses.No building,premises or land shall be used,and no building shall be hereafter erected or structurally altered,unless otherwise provided herein,except for one or more of the following uses: 1.Any use permitted in the R—2 multiple family residen tial district,except one—family dwellings,two—family dwellings and guest dwellings;provided that guest dwellings shall not be construed to be tourist accommodations or to prohibit such a use in this zoning district;and provided that amusements are restricted as hereinafter set forth; 2.Tourist accommodations,business and services customarily required and used by tourists,including the following and none other:automobile parking areas,boardinghouses and roominghouses, curio,art,gift and antique shops,gasoline service stations, greenhouses,grocery stores,hotels and motels,including inciden tal business sales within the principal building,medical and den tal clinics,membership clubs,establishments serving food and bev erages,drive—in restaurants,provided that alcoholic liquor or fer mented malt beverages,as defined by state law,are not sold on such drive—in premises,private schools,public schools,profes sional offices and country clubs;provided,however,amusements as hereinafter defined shall be allowed only by special review; 3.Any branch of trade,production or creative endeavor employing labor and capital in a light manufacturing process which does not involve the storage of merchandise outside of a building; which is not noxious,offensive or objectionable to abutting pro perties because of excessive noise,odors,di,fumes,smoke,vapor 0 or vibration;and which operates independently of extensive loading docks and heavy equipment; 4.Uses permitted by special review: a.Places for amusement and recreation, 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. 5.Anything to the contrary contained in Section 1.04.020 of the Municipal Code of the Town of Estes Park notwithstanding,the term amusement”as used in this Section (17.36.020)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 limitation,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 said function or endeavor, shall not except the function or endeavor from being an amusement under this section. Section 2.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 the regulation of zoning within the town 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 approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS 26th DAY OF July ,1977. Mayor Town of Estes Park,Colorado (SEAL) / _,//, u //i% Town Clerk —2—