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HomeMy WebLinkAboutORDINANCE 115-47I!. ‘ ORDINANCE NO.________ AN ORDINANCE ZONING 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 Estee Park;of encouraging the moat appropriate use of land throughout the Town;of lessening congestion in the streets;of avoiding undue ooncenration 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 securing safety from nrc,panic and other dangers;by making regulations in accordance with a comprehensive plan for the use and development of all property throughout the Town; THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: SECTION 1.DIFINITIONS 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’building”includes the word ‘structure”;the term “used’includes the words ‘arranged,design ed,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. Buildiflg:A structure for the support,shelter,or enclosure of persons,animals or chattels. -1— jin,One—Family;Two—Family:A detached building de signed for,or occupied by,one or two families respectively. Garage,private:Abuild.ing designed and used for the hous ing of not more than three motor—propelled vehicles. Garage,?ublio 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. —conforming A use of land or building that does not conform with any use authorized by the use regulations of the dist rict in which it is situated. Structure:Anything 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 lot 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 flue of the building. -2— .:(J!C SECTION II.ZONING DISTRICTS In order to regulate and restrict the location of trades, callins,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 regulate and limit the density of population,The Town of Estes Park is hereby divided into the following zoning districts: fl—i RESIDENCE DISTRICT C—i CO1flCIAL DI3RiCT U UNCLAS3IFIED DISTRICT The boundaries of these Zoning Districts shall be as follows: R-l RESIDENCE DIRICT: Included in the fl-i Residence District shall be the following described lands; A.All the land included in Little Prospect Nountain Addition, except lots 31,32,33,34,3,36,37 38,39,40,4l 42 43,44,4,and 46; B.All the land included in Stanley Heights Addition B; C.All the land Included in Lake View Tracts Subdivisions except lot 2; D.All the land included in the First Resubdivision of 33uenna Vista Terrace,except the following lots, Lots 1 A through 17 A inclusive and Lot 5. —3— C.-i-COMMERCIA ISTRICT:Included in the C—i Commercia]strict shall be the following described lands: A.All the lands located within the Fire Limits,as described by Ordinance No.ill of The Town of Estee Park,except the rear fifty feet of lots 10 and 11,Block 5; B.Lot 25,Lake View Tracts; C.Lots 31 through 40,Little Prospect Mountain Addition. 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 Estee Park that are not included in R—l Residential District or the C—i Commercial District. EXCEPT AS HEREINAFTER PROVIDED;No building shall be erected,reconstructed, or structurally altered,and no building or land shall be used for any pur pose other than is permitted in the zoning district in which such building or land fe 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 build ing is located.No yard or other open space provided about any building for the purpdee of complying with this Ordinance shall be considered as pro viding a yard or other open space for any other building. SECTION III.R —1 RESIDENCE DISTRICT Use:No building or premises shall be used and no building shall hereafter 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 V 4 Accessory buildings 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 —4— n 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 •n each side of the building of not less than ten (10)feet. Area er Family:For every one—family dwelling there shall be provided a minimum lot area of_9’Oc square feet,and for every two—family dwelling a minimum lot area of/&10o0_squar. feet per family. SECTION IV C—i COMMERCIAL DISTRICT 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—l Residence District. 2.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. 3.All other regular,normal retail business,wholesale business,and service establishments,EXCEPT a public auction,livery stable,shooting gallery,games of skill or chance,open—air photo or artist shops,exhibitions, 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 public street lines,for sidewalk purposes. SECTION V U —tINCLASSIFIED DISTRICT USE:Buildings and land may be used for any purpose whatsoever, not in conflict with any Ordinance of the Town of Estes ?ark and not constituting a nuisance. / SECTION Vt (6)ACCESSOBY 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 involving the conduct of a trade or business on the premises shall be considered 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 priviate 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 Sesidense 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. SECTION VII NON1-.CONFORMING USES 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 hereafter be changed,any then—existing,non—conforming use in such changed district may be continued,In accordance with the above. SECTION VIII ADMINISTRATION Administrative Officer: ThIs Ordinance shall be enforced by the Building Inspector.The V Building Inspector,or his Deputy,shall have authority to issue building permits and certificats of occupancy.The Building in spector shall have 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 —6— Building inspector or on the part of any official or employee of The Town of Estee 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 Boerd of Adjustment herein after provided.Appeal rrom the decision of the Board of Adjustment aI may be made to the Board of Trustees of The Town of Estee Park. BUILDING PEPJ4ITS: No permit shall be issued by the Building Ispector for the construction alteration,or moving of any building or part thereof,or for the use of any premises unless the plane 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 authorized by appeal. 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 isnued 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. SECTION IX BOARD OF ADJUSTMENT A Board of Adjustment is hereby established,to consist of five members 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 adjustment under Chapter 182,Session Laws of Colorado of 1923. SECTION X CHANGES AND AMENDMENTS The Board of Trustees may,from time to time,on its own motion,or on petition,after public notice and hearings as provided by law, amend,supplement,or change the boundaries or regulations herein provided or subsequently established. —7., a a _.-,-- d Section XI VIOLATION AND PENALTY Any person,firm,or corporation violating,disobeying,omitting, neglecting,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 Dollars nor more than One Hundred Dollars, for each offense.Each day that a violation is permitted to exist shall 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 thie-J’day of At’&orl947 Approved: e Yr Attest: