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HomeMy WebLinkAboutORDINANCE 20-710 ORDINANCE NO.20-71 AN ORDINANCE AHENDING SECTIONS 12.9-1, 12.10-1,12.10-A I-i and 12.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,RELATING TO ZONING AND SPECIAL REVIEW PROCEDURES. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 12.9-1,paragraphs 3 and L1., of the Municipal Code of the Town of Estee Park,Colorado are amended to read as follows: 12.9-1 Use Restrictions. 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 properties because of excessive noise,odors,dust,fumes,smoke,vapor or vibration;and which operates independently of extensive loading docks and heavy equipment. L.Uses permitted by special review: Places for amusement and recreation;pro vided that the principal activity for such uses is carried on outside of a building,such asgoif,tennis,swimming and boating (the foregoing being illustrative and not exclusive). Pet stores,small animal hospitals and kennels. Section 2.That Section 12.10-1 of the Municipal Code of the Town of Estes Park,Colorado is amended by adding thereto the following: C 12.10-1 Use Restrictions. 3.Uses permitted by special review: Pet stores,small animal hospitals and kennels. 0 Section 3.That Section 12.10-A I-i of the Municipal Code of the Town of Estes Park,Colorado is amended by adding thereto the following: 12.10-A I-i Use Restrictions. )4.Uses permitted by special review: Pet stores,small animal hospitals and kennels. Section 1i•That Section 12.12 of the Municipal Code of the Town of Estes Park,Colorado is amended to read as follows: 12.12 Supplementary Regulations.Regulations specified in other sections of this ordinance shall be subject to the following interpretations,exceptions and additions: 12.12-1 (1)Accessory Use.Any use customarily incidental to a use permitted in any district shall be per mitted in such district,provided it is located on the same lot as the principal use.A home occupation shall be con sidered as an acceptable accessory use provided suchhDme occupation is contained principally within a dwelling;is carried on by the inhabitants thereof;is clearly incidental and secondary to the use of the dwelling for dwelling purposes; and does not change the character thereof;and provided that no article is sold or offered for sale on the premises except such as may be produced by members of the immediate family residing on the premises. The letting of rooms and the providing of table board may be permitted in a private dwelling provided the number of persons thus cared for does not exceed five persons per private dwelling in an R-l Residence District. A private garage shall be an accessory use. A commercial billboard or advertising sign shall,in no case,be construed as an accessory use in the R-l Residence -2- C District;however,a sign not exceeding an area of 12 square feet pertaining to the lease,sale,construction or improve ment of the lot or building,shall be permitted thereon. The stabling,pasturing or keeping of horses shell not be an accessory use hereunder and is hereby forbidden. 12.12-1(2)Uses Permitted Special Review.Uses permitted by special review may be allowed in the designated districts upon approval by the Board of Trustees following recommendation from the Torn Planning Commission. A.Application. (1)All requests for a use permitted by special review shall be submitted in writing to the Town Clerk at least twenty days before a regular Planning Commission meeting,on an application furnished by the Town Clerk. (2)The application shall be filed in duplicate,and shall be signed by the owner or owners of the real property described in the application.There shall be filed with the application three (3)copies of a site plan prepared by a surveyor who is duly licensed by the State of Colorado as a land surveyor. The site plan shall show the location of all buildings and other improvements to be placed on the real property; off-street parking areas;location and course of all ways for ingress and egress to all buildings or structures;and,all off-street loading areas,service and refuse areas,major screening proposals, signs,outdoor lighting and pedestrian -3- 0 0 areas,ii any.The site plan shall also show thereon the date or dates that each phase of the devàlopment included in the site plan will be completed. There shall also be filed with the site plan three (3)written copies of all proposed landscaping,if any.The land scaping may be shown on the site plan in lieu of the foregoing written proposal. (3)The Planning Commission shall review the request in relation to the date or dates for completion of all improvements, character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influences that might result from its location,and,in general,compliance with the intent of this chapter. (Lv)The Planning Commission shall make a recommendation to the Board of Trustees, including such safeguards and revisions considered necessary to protect the health,safety and welfare of the community,and the date or dates which all improvements on the property are to be completed. ()The Board of Trustees shall then con sider the request and the Planning Commission’s recommendation and shall make a final decision whether or not to grant the application,and if the application is granted,the Board of Trustees shall 0 0 set the date or dates within which all improvements shall be completed. (6)Before reviewing any request filed as provided in this section the Planning Commission shall have a notice published once,at least seven (7)days before the hearing on the application by the Plan ning Commission,in the manner as is required for amendments to ordinances, and the Planning Commission shall have a notice posted on the property to which the request pertains at least seven (7) days prior to the date the request will be considered by the Commission.The notice shall contain the following information:The use to be permitted by special review;the date and place the request will be considered by the Planning Commission;and the location where additional information may be obtained. (7)All persons filing requests as herein provided shall be charged a fee of $25.00 to cover the cost of advertising and processing. Section 5.The Board of Trustees 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 affects the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,this ordinance shall -5- 0 0 take effect and be in force five (5)days after its final passage,adoption and publication. 75 Mayor ATTEST: Town Clerk -6-