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HomeMy WebLinkAboutORDINANCE 152-55ORDINANCE NO.iZ AN ORDINANCE ZONING THE TOWN OF ESTES PARK,COLORADO,AND RE1ALING ORDINANCES NUMBER li5,117,121,127 and 140 OF THE TOWN OF ESTES PARK, COLORADO For the purpose of promoting the public health,safety,morals,order, convenience,happiness,prosperity,and general welfare;of conserving the value of property within the Town of Estes Park;of encouraging the most appropriate use of land throughout the Town;of lessening congestion in the streets;of avoiding undue concentration of population;preventing the over crowding of land;of facilitating the adequate provision of transportation, water,sewage,schools,parks,and other public requirements;and of secur ing safety from fire,panic and other dangers;by making regulations in accordance with a comprehensive plan for the use and develomient of all property throughout the Town; THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: SECTION 1.DEFINITIONS For the purpose of this Ordinance certain terms and words are herewith defined as follows: Words used in the present tense include the future;words in the singular number include the plural,and words in the plural number include the singular;the word “buildingt’includes the word tistructurell;the tera “used”includes the words “arranged,designed,or intended to be used”;the term “occupied”includes the words “arranged,designed,or intended to be occupied”;the word “shall”is mandatory and not directory. Accessory Building:A subordinate building or portion of main building the use of which is incidental to that of the main building. Building:A structure for the support,shelter,or enclosure of persons,animls or chattels. Dwelling,One—Family;Two—Family:A detached building designed for, or occupied by,one or two families respectively. —1— ‘‘•E. Garage,Private:A building designed and used for the housing of not more than three motor—propeiled vehicles. Garage,Public:A garage other than a private or storage garage,where motor vehicles are housed,equipped for operation,repaired,or kept for remuneration,hire,or sale. Non—conforming use:A use of land or building that does not conform with any use authorized by the use regulations of the district in which it is situated. Structure:Any-thing constructed or erected,the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. Structural Alteration:Any change in the supporting members of a building,such as bearing walls,columns,beams,or girders. Yard:The open space of a lot not occupied by the building or buildings. Yard,Front:A yard extending across the width of the 1t and measured from the front line of the lot to the nearest line of the building. Yard,Rear:A yard extending across the width of the lot and measured from the rear line of the lot to the nearest line of the building. Yard,Side:A yard on each side of the building extending from the front yard to the rear yard and measured from the side line of the lot to the nearest line of the building. SECTION II.ZONING DISTRICTS In order to regulate and restrict the location of trades,cailings, industries,and other uses,and the location of buildings designed,erected, altered or occupied for specified purposes,the percentage of lot that may be occupied,the size of yards,courts and other open spaces,and to regu late and limit the density of population,The Town of Estes Park is hereby divided into the foliowing zoning districts: R—l RESIDENCE DISTRICT R—2 MULTIPLE—FAMILY RESIDENCE DISTRICT . C—2 RESTRICTED COMMERCIAL DISTRICT . C—i COI’4MERCIAL DISTRICT U UNCLASSIFIED DISTRICT The boundaries of these Zoning Districts shail be as foilows: •.• I . I V •• -••• - V 4V •• —2— • V All the land included in Little Prospect Mountain Addition to the Town of Estes Park,including all lands included in Reclamation Subdivision, a subdivision of a portion of Little Prospect Mountain Addition to the Town of Estes Park,except Lots 41,42,43,L4,45;also except Block 1 and Lots 7,,9,10 and 12 of Block 2,Reclamation Subdivision;and also except that portion of Lots 1 and 2 of Little Prospect Mountain Addition to the Town of Estes Park,lying Easterly of the Westerly 75 feet of Lot 2 and lying Northerly and Easterly of the Southwesterly 125 feet of said Lots 1 and 2,thich 125 feet is along Stanley Circle Drive. 3.All the land included in Stanley Heights Addition B C.All the land included in Lake View Tracts Subdivision,except Lot 25; 0.AU the land included in the First Resubdivision of Thienna Vista Terrace,except the following lots:Lots lÀ through 17A inclusive, and Lot 5; E.All lands included in Bonnie Brae Addition. F.All that part of Al Fresco Place,Town of Estee Park,Colorado,lying North of the center line of Valley Road in said Town. G.AU the land included in Lots 12,13,14,19,20,21,23,24.,25,26, 39,4.0,4.1,42,43,44,47,4B,49 and 50,of Grand Estates Addition to the Town of Estes Park,Colorado. H.AU the land included in Lots 10,14,15,16,South Saint Vram Addition to the Town of Estes Park,Colorado. I.AU the land included in Dannels Addition to the Town of Estes Park. R—2 MULTIPLE—FAMILY RESIDENCE DISTRICT: A.AU the lands included in Lots No.3 through No.l through 29,inclusive,Lots 32 and 33 Place Addition; B.AU the lands included in Country Club Manor Addition,except the •following:Out Lot No.1;Lots 1 through 6,inclusive,Block U;all lots in Blocks 1 through 5,inclusive;Lot 1,Block 6;Lots 1 and 3%, - •t L R—1 RESIDENCE DISTRICT:• Included in the R—1 Residence District shall be the following described lands:•-• A. 15,inclusive,and Lots of hjte Meadow View -. -3- •-• •.-.“+•.. Block 7;Lots 1 and 20,Block 8;Lots 1 and 19,Block 9;and Lots 1 and 20,Block 10; C.AU the lands included in Lots 12 through 31,inclusive,and Lots 37 through 41,inclusive,of Riverside Subdivision,as shown by the second amended plat of said Town; D AU the lands included in Mocas sin Addition,except Lot 12; E.Lots 123,124,125,143 and )J4 of Al Fresco Place,which includes Tenbrook Resubdivision;all that part of the SW of the 5F of Section 24,Township 5 North,Range 73 West of the 6th P.M.,lying West of MacGregor Lane;ail of Block 10,Town of Estes Park,Colorado,according to the Second Amended Plat thereof (including Piltz Resubdivision, Webster Resubdivision and Bauer Subdivision)except Lot 27 of said Block 10 and except Lot 7 of Piltz Resubdivision of Lot 23,Block 10; F..AU the lands included in Mount View Park; G.AU the lands included in Wheelock Subdivision; H.Al].the lands included in The South Saint Vram Addition to the Town of Estes Park,except lots 10,11,12,14,15 and 16. I.All the land included in the Country Club Addition to the Town of Estee Park,Colorado. C—2 RESTRICTED COMMERCIAL DISTRICT: Included in the C—2 Restricted Conuaercial District shail be the following described lands: A.AU the lands included in Lots 41,42,43,and 44,of Little Prospect Mountain Addition;aU lands included in Block 1,and Lots 7,8,9,10, and 12 of Block 2,of Reclamation Subdivision,a subdivision of a portion of Little Prospect Mountain Addition;all of Lots 1 and 2 of Little Prospect Mountain Addition,except the We3terly 75 feet of Lot 2,and except the Southwesterly 125 feet of said Lots 1 and 2, which 125 foot strip is adjacent to Stanley Circle Drive. B.AU the lands included within Lots 1,2,16,17,30,31,34,35,36 and 37,of White Meadow View Place Addition. C.AU the lands included the Manford Addition to The Town of Estee Park. -4- ‘“ 0.AU the lands in Block 12,Town of Estes Park,together with all the land in Block 1 and 2,of Birch Addition to Town of Estes ?ark. F.All the lands included in Lots 1,2,3,4,5,6,7,B,9,10,U,15, 16,17,1B,22,27,2B,29,30,31,32,33,34,35,36,37,3B,45, 46,and 51 of Grand Estates Addition to the Town of Fates Park, Colorado0 C—i COMMERCIAL DISTRICT: Included in the C—i Commercial District shall be the following described lands: A.AU the lands located in Blocks 1,2,3,4,5,6,7,B,9,and U,Town of Fates Park,Colorado,according to the Second Amended Plat thereof, except the rear 50 feet of Lots 10 and U,Block 5;Lot 27 of Block 10, Town of Fates Park,Colorado,according to the Second Amended Plat thereof;that certain tract of land platted on the Second Amended Plat of the Town of Fates Park,Colorado,as a park;also,that unnamed tract of land located in the Town of Fates Park,Colorado,bounded on the West by the Easterly line of Block 11,on the South by Elithorn Avenue,and on the North and East by the corporate limits of the Town of Fates Park;also,that unnamed tract of land located in the Town of Estes Park,Colorado,bounded on the West by the East line of Block 4,on the North by Elithorn Avenue,on the South by the Big Thompson River,and on the East by the intersection of Elkhorn Avenue with the Big Thompson River,all as shown by the Second Amended Plat of the Town of Fates Park,Colorado;also,Lots 1,2,3,4,5,6,7,B,9,10 and U,and Lots 34,35 and 42,of Riverside Subdivision of the Town of Fates Park,Colorado,as shown by the Second Amended Plat of said Town; Lots lÀ,2k,3k,4k,5k,6k,7k,BA,9k,10k,ilk,12k,13k,14A,15k, 16k,17k,and Lot 5,of First Resubdivision of Buenna Vista Terrace,in the Town of Fates Park,Colorado,as shown by the recorded plat thereof; Lot 25,Lake View Tracts; All of the following described lands in Country Club Manor Addition: Out Lot No.1;Lots 1 through 6,inclusive,Block 11;all lots in Blocks t —ç — - - 3. C. 1 through 5,inclusive;Lot 1,Block 6;Lots 1 and 14,Block 7;Lots 1 and 20,Block B;Lots 1 and 19,Block 9;and Lots 1 and 20,Block 10; D.Lot 12,Moccasin Addition; E.All the lands in Lee and Alps Addition; F.Lot 7,Piltz Resubdivision of Lot 23,Block 10. U UNCLASSIFIED DISTRICT: Included in the U Unclassified District shall be the following described lands: All the lands within the corporate limits of the Town of Estos Park that are not included in R—l Residential District,R—2 Multiple—Family Residence District,C—2 Restricted Commercial District,or the C—i Commercial District. CCEPT AS HEEINAF’TER PROVIDED;No building shall be erected,recon structed,or structurally altered,and no building or land shall be used for any purpose other than is permitted in the zoning district in which such building or land is located.No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed herein,nor shall the lot area be reduced in any manner except in conformity with the area regulations herein established for the zoning district in which such building is located.No yard or other open space provided about any building for the purpose of complying with this Ordinance shall be considered as providing a yard or other open space for any other building. SECTION III A.R—l RIDENCE DISTRICT USE:No building or premises shall be used and no building shall here after be erected or structurally altered,unless otherwise provided herein, except for one or more of the following uses: 1.One—family dwelling. 2.Two—family dwelling. 3.Public Parks and Churches. 4.Accessory buildings. —6— 5°Uses customarily incidental to any of the above uses,when located on the same lot and not involving the conduct of a business on the premises; provided,however,that the office of a physician,dentist,artist or musician be allowed when situated in the same dwelling. YARDS:For every building there shall be a front yard and a rear yard of not less than fifteen (15)feet and a side yard on each side of the building of not less than ten (10)feet. LOT AREA PER FAMILY:For every one—family dwelling there shall be pro vided a minimum lot area of 9,000 square feet,and for every two—family dwelling a minimum lot area of 10,000 square feet per family. 3.R—2 MULTIPLE FAMILY RESIDCE DISTRICT USE:No building or premises shall be used, hereafter erected or structurally altered,unless except for one or more of the following uses: 1.Any use permitted in the R—1 Residence District. 2.Multiple—family dwellings. 3.Tourist Accommodations required and used by tourists,including the following and none other:Tourist automobile camps,rental cabins,lodges, tourist homes,board and lodging accommodations,but not including public restaurants. YARDS:For every building there shall be a front yard of not less than 10 feet,a side yard on each side of the building of not less than 5 feet, and a rear yard of not less 1han 5 feet. SECTION IV A.C—2 RESTRICTED C0!4MERCIAL DISTRICT USE:No building or premises 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—1 Residence District. 2.Tourist Acconodations’Business and services customarily required and used by tourists,including the following and none others:Tourist automobile camps,cabins,lodges,tourist homes,hotels for board and lodging, p and no building shall be otherwise provided herein, —7— gasoline filling stations,public garages and automobile repair shops,res taurants and eating places,grocery stores and merchandise stores conducted chiefly for the use and convenience of the public. YARDS:For every building there shall be a front yard and a rear yard of not less than ten feet,and a side yard on each side of the building of not less than ten feet. For commercial use enough parking area shall be provided on the premises to accommodate all motor vehicle parking resulting from the operation of a business in which lodging is provided. B.C—i COMMERCIAL DISTRICT No building or promises shall be used and no building shall be here after erected or structurally altered,unless otherwise provided herein,ex cept for one or more of the following uses: 1.Any use permitted in the R—l Residence District, 2.Any use permitted in the C—2 Restricted Commercial District. 3.Office buildings,banks,theaters,community buildings,bottling works,dry—cleaning establishments,ice and cold storage business,laundries, sale and processing of dairy and poultry products,storage warehouses,liquor stores,public parks and parking lots. 4.All other regular,normal retail business,wholesale business,and service estaJlishments,EXCEP1 a public auction,livery stable,shooting gallery,genes of skill or chance,open—air photo or artist shops,exhibi tions,or any type of amusement other than theaters. YARDS:No yards shall be required except a set back of five feet from all property lines that are common with pi.thlic 5treet lines,for sidewalk purposes. SECTION V U —UNCLASSIFIED DISTRICT USE:Buildings and land may be used for any purpose whatsoever,not in conflict with any Ordinance of the Town of Estes Park and not constituting a nui5aflce, —a— .VV V.V•V •V •V V •V• V V’•f V. VV.V..,V - ‘a V ‘a1 :; SECTION VI.ACCESSORY USES A use customarily incidental to a use permitted in any district shall be permitted in any district,provided it is located on the same lot. Home occupations engaged in by the occupants of a dwelling not in volving the conduct of a trade or business on the premises shall be con sidered an accessory use. The letting of rooms and the providing of table board in a private dwelling,shall be permitted as an accessory-use. A private garage shall be an accessory use. A commercial billboard or advertising sign shall in no case be con strued as an accessory use in the R—1 Residence District;however,a sign not exceeding an area of twelve square feet pertaining to the lease,sale, construction or improvement of a lot or building shall be permitted thereon. A commercial or advertising sign in the Commercial District shall be at least nine feet above the sidewalk level and shall not extend into the street beyond the street or curb line. The stabling,pasturing or keeping of horses shall not be an accessory use.‘hereunder and is hereby forbidden. SECTION VII NON—CONFORMING ES The lawful use of land or of a building at the time of the passage of this Ordinance,may be continued,although such use does not conform with the provisions of this Ordinance,and such use may be extended throughout, the building.Whenever a non—conforming use has been discontinued,it shall not again be permitted to be non—conforming.Whenever a district shall here after be changed,any then—existing,non—conforming use in such changed dis trict may be continued,in accordance with the above. SECTION VIII AtMINISTRATION ‘‘ AININISTRATIVE OFFICER: This Ordinance shall be enforced by the Building Inspector.The Building Inspector,or his Deputy,sha]1 have authority to issue building permits and certificates of occupancy.The Building Inspector shall have 1. $—9— •‘. ., I;. I SECTION IX -• BOARD OF ADJUSTMENT A Board of Adjustment is hereby established to consist o five mem— hers appointed by the Board of Trustees of the Town of Estee Park.Said Board shall exercise all the powers and authority given to boards of ad justment under Chaptel?182,Session Laws of Colorado of 1923. V:A I I I authority to make inspections and to make all decisions necessary for the proper carrying out of the provisions of this Ordinance,No oversight or dereliction on the part of the Building Inspector or on the part of any official or employee of The Town of Estes Park shall legalize,authorize or excuse the violation of any of the provisions of this Ordinance.Appeal from the decision of the Building Inspector may be made to the Board of Adjustment hereinafter provided.Appeal from the decision of the Board of Adjustment may be made to the Board of Trustees of The Town of Estee Park. BUILDING PERMITS: No permit shall be issued by the Building Inspector for the con— struction,alteration,or moving of any building or part thereof,or for the use of any premises unless the plans and intended use indicate that the building and premises are to conform in all respects to the provisions of this Ordinance,or unless such proposed building or use is duly auth orized by aea1. A record of the applications shall be kept in the Town Hall,and a duplicate copy shall be kept at the building at all times during con— struction. No land shall be used or occupied,and no building hereafter structurally altered or erected or changed in use until a certificate of occupancy shall have been issued by the Building Inspector or his Deputy. A record of all certificates of occupancy shall be kept on file in the Town Hall.A fee of One Dollar shall be charged for a certificate of occupancy for a new building.-V V.V.V&•V V V• 10— :- •.VV_IVVVS•bV 4, I .5’ •. I. 4 ‘5. -.5 .2 -5’•_••-•‘5_S -.5 5.’ SECTION X CHANGES AND AMENDMENTS ..1: The Board of Trustees may,from time to time,on its own otion,or on petition,after public notice and hearings as provided by law,amends supple ment,or change the boundaries or regulationB herein provided or subsequently established. SECTION II -- VIOLATION AND PENALTY Any person,firm,or corporation violating,disobeying,omitting,neg lecting,or refusing to comply with,or resisting the enforcement of any of the provisions of this Ordinance shall,upon conviction,be fined not less than Ten Doilars nor more than One Hundred Dollars,for each offense •Each day that a violation is permitted to exist shail constitute a separate offense. Any building,erected,raised,or converted,or land or premises used in violation of any provision of this Ordinance,is hereby declared to be a common nuisance and such common nuisance may be abated according to law. Passed and adopted this _______ day of /eflYc/43L.,_‘?JThE. Approved: __ Mayor Attest: .5.4 t,. 5,.- .5, t 4 -. t t N —11 — . ••l.•,.