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HomeMy WebLinkAboutORDINANCE 15-030 0 ORDINANCE NO.15-03 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, BLOCK SIX AMENDMENTS WHEREAS,the Estes Valley Planning Commission has recommended numerous amendments to the Estes Valley Development Code,Block Six;and WHEREAS,said amendments to the Estes Valley Development Code are set forth on Exhibit ‘A”attached hereto and incorporated herein by this reference;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, Block Six set forth on Exhibit A”and recommended for approval by the Estes Valley Planning Commission be approved. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit “A”. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF-TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS /d DAY OF ,2003. TOWN OF ESTES PARK,COLORADO By:/L ayor ATTEST:6/ Town Clerk I hereby certify that the above Ordinance wa,s introduced and read at a regular meeting of the Board of Trustees on the /0Z day of t&c,k-,2003 and published in a newspper of general circulation in the Town of Estê Park,Colorado,on the /,S--day of tütat 2003,all as required by the Statutes of the State of Colorado. 6 _________________ Vickie O’Connor,Town Clerk 0 0 EXHIBIT A”Amendments to the Estes Valley Development Code,Block Six Estes Park Community Development Department Municipal Building,170 MacGregor Avenue ____________ P0 Box 1200 ____________ Estes Park,CO 80517 Phone:970-577-3721 Fax:970-586-0249 www.estesnet.com ITEM 1 -ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTURES §5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTURES A.General Standards. 4.All accessory uses and structures shall comply with the following conditions: a.The accessory use or structure shall be clearly incidental and customarily found in connection with the principal use;and b.The accessory use or structure shall be conducted and/or located on the same lot as the principal use;and c.The principal use and accessory use shall be under the same ownership. B.Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1.Table of Permitted Accessory Uses and Structures. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts t Rcsidcntial Zoning District “Ycs”=Pcrinittcd “No”=Not PirmittidAdditional Accessory Use RE-I RE E-1 E J R R-1 R-2 RM Rcquircmciits Accessory Dwelling Yes Yes Yes Yes Yes No No No §5.2,B.2.a Unit 1.33 times minimum lot area required Barns and Stables Yes Yes Yes No No No No No 2.Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. c.Garages and Off-Street Parking Areas. (1)Such accessory use shall serve only the residents of the property,and shall not be used for commercial purposes. —— I C 0 a.No more than thirty-two (32)linear feet of garage door(s)shall be orientated towards a front lot line;and b.No more than twenty-two (22)linear feet of garage wall,without architectural openings such as windows and doors,shall be oriented towards a front lot line. d.Home Occupations (1)Size/Area:A home occupation shall not exceed twenty percent (20%)of the principal building floor area,excluding garage space. (2)Location:Home occupations shall be integrated within the principal building in all zoning districts that allow home occupations.Except that on lots equal to or greater than one and a half acres (1.5)in size,home occupations may be detached from the principal building. (3)Employees:No one other than a resident of the dwelling shall be employed on-site,report to work at the site,or pick up supplies or products on-site in the conduct of a home occupation.This prohibition also applies to independent contractors. f.Storage or Parking of Vehicles,Recreational Equipment and Recreational Vehicles. (1)Only vehicles,recreational equipment and recreational vehicles owned by an occupant of a principal residential building may be parked or stored. (2)Parking or storage shall occur on the same lot as the principal residential use.Vehicles,recreational equipment and recreational vehicles that are on a lot are considered parked or stored. (3)Recreational equipment and recreational vehicles shall have no fixed connections to electricity,water,gas or sanitary sewer facilities,nor shall they be used for dwelling,business or commercial purposes or for any accessory uses in any zoning district. (4)Recreational equipment and recreational vehicles may be parked or stored outside if all of the following requirements are satisfied: (a)Recreational equipment and recreational vehicles may be parked no closer to the street than behind the front setback in a side yard. (b)Recreational equipment and recreational vehicles may be parked no closer than three (3)feet to a side or rear yard lot line. (5)Limit on Parked or Stored Recreational Equipment and/or Recreational Vehicles on a Lot. (a)Applicability.This Section applies to all recreational equipment and recreational vehicles that are not parked or stored in a fully enclosed garage. (b)As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of two (2)pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot of two (2)acres or less.No more than a total of three (3)pieces of recreational equipment and/or recreational vehicles shall be 7 C)0 two (2)acres or less.No more than a total of three (3)pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot greater than two (2)acres,but less than five (5)acres.No more than a total of four (4)pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot greater than five (5)acres. (c)As Accessory to Town Home or Multi-Family Principal Uses:No more than one (1)piece of recreational equipment or one (1) recreational vehicle shall be parked or stored for every ten (10) dwelling units. (6)Limit on Number of Parked or Stored Vehicles.,Not Including Recreational Equipment and Recreational Vehicles,on a Lot. (a)This applies to all vehicles that are not parked or stored in a fully enclosed garage. (b)As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of four (4)vehicles shall be parked or stored on a lot of two acres or less.No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres,but less than five (5)acres.No more than a total of six (6) vehicles shall be parked or stored on a lot greater than five (5) acres.No more than a total of eight (8)vehicles shall be parked or stored on a lot greater than five (5)acres. D,General Dimensional and Operational Requirements.The following standards shall apply to all accessory uses and structures in all zoning districts, except for:(1)Satellite antenna dishes accessory to residential uses that are one (1)meter or less in diameter;and (2)Satellite antenna dishes accessory to nonresidential uses that are two (2)meters or less in diameter. 1.Time of Establishment.No accessory use shall be established and no accessory structures shall be allowed on the subject parcel until all required permits and approvals for the principal use or activity have been obtained. 2.Setbacks.No accessory use,structure or activity,except for permitted fences or walls shall be located or take place within a required setback.On residential lots of less than one acre all accessory buildings,excluding detached garages,shall be located no closer to the front property line than the residential dwelling. 3.Setbacks from Easements.No accessory structure shall be located within any platted or recorded easement or over any known utility. 4.Maximum Building or Structure Size for Non-Residential Uses.Except as otherwise expressly limited or allowed in this Section,and except for structures containing accessory nightly rentals and for accessory recreational facilities including swimming pools,freestanding accessory buildings and structures shall not be larger than one thousand (1,000) square feet of gross floor area. 5.Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory Buildings,Accessory Structures and/or Principal Buildings for Residential Uses.See Accessory Uses Table j 0 Maximum cumulative gross floor area for all accessory uses,excluding accessory nightly rentals,in accessory buildings,accessory structures and/or principal buildings shall not exceed the largest computation of the following: a.One thousand two hundred (1,200)square feet of gross floor area; b.Fifty percent (50%)of the gross floor area of the principal building, excluding the attached garage floor area; c.For lots with a net land area greater than one half (1/2)acre and less than or equal to one (1)acre:500+[1 ,000(a)}*. d.For lots with a net land area greater than (1)acre:1 ,400+[400(a)J*. Where “a”=net land area in acres ACCESSORY USES Maximum Square Footage Allowed for Uses Accessory to a Principal Residential Use -Based on Net Land Area and Principal Building Size Net Land Net Land Principal Building Size (Sq Ft) Area Area Excluding Space In Principal Building Devoted to Accessory Uses (acres)(sq ft) 1,000 2,000[3,000 4,000 5,000 10,000 0.25 10,690 1,200 1,200L 1,500 2,000 —— 0.50 21,780 1200 1,200 1,500 2000 2,500 5,000 1.00 43,560 1,500 1,500 1,500 2,000 Hg,soO 5,000 1.50 65,340 2,000 2,000 2,000 2,000 2,500 5,000 2.00 87,120 2,200 2,200 2,200 2,200 2,500 5,000 2,50 108,900 2,400 2,400 2,400 2,400 2,500 5,000 3.00 130,680 2,600 2,600 2,600 2,600 2,600 5,000 3.50 152460 2,800 2,800 2,800 2,800 2,800 5,000 4.00 174,240 3,000 3,000 3000 3,000 3,000 5,000 5.00 217,800 3,400 3,400 3,400 3,400 3,400 5,000 7.00 304,920 4,200 4,200 4,200 4,200 ?%%200 5,000 9.90 431,244 5,360 5,360 5,360 5,360 5,360 5,360 10.00 435,600 5,400 5,400 5,400 5,400 5,400 5,400 15.00 653,400 7,400 7,400 7,400 7,400 7,400 7,400 20.00 871,200 9,400 9,400 9,400 9,400 9,400 9,400 40.00 1,742,400 17,400 17,400 17,400 17,400 17,400 17,400 4 0 0 6.Maximum Number of Freestanding Accessory Buildings and Structures, Including Detached Garages,Per Single-Family Residential Lot.No more Than one (1)accessory building or structure less than or equal to one hundred and twenty (120)square feet and no more than two (2)accessory buildings or structures greater than one hundred and twenty (120)square feet shall be allowed on a lot of two and half (2.5)acres or less. 7.Building or Structure Height.The height limitations set forth in the underlying zoning districts shall apply to all accessory buildings and structures located therein. §13.3 DEFINITIONS OF WORDS,TERMS AND PHRASES 110.Garage shall mean an accessory building or a portion of the principal building,including carports,for the private accessory use of the owner or occupant of a principal building intended for storage of motor vehicles and equipment with no facilities for mechanical service or repair of a commercial or public nature.All area within the walls enclosing the garage shall be considered garage space.For carports,all area under the roof shall be considered garage space. Carport shall mean a garage that is open on at least two sides. 196.Recreational Vehicle shall mean a wheeled vehicle,required by the State to have a vehicular registration,built on a chassis that can be towed,hauled or driven and primarily designed as a temporary dwelling for recreation,vacation and travel use,including,but not limited to,travel trailers,truck campers,tent trailers,pick-up campers,camping trailers and self- propelled motor homes. Home Occupation shall mean a business,profession,occupation or trade that is conducted for gain as an accessory use within a dwelling unit7 or accessory building by a resident of the dwelling unit. Recreational Equipment shall include,but is not limited to,the following:boats;golf carts;all terrain vehicles;snowmobiles;horse trailers;and jet skis. ITEM 2-EMPLOYEE HOUSING §5.2.C ACCESSORY USES AND STRUCTURES PERMITTED IN THE NONRESIDENTIAL ZONING DISTRICTS 2.Additional Requirements for Specific Accessory Uses in the Nonresidential Zoning Districts. a.Employee Housing. (1)Defined.Accessory dwelling unit(s)for an owner,operator or employee of the principal use or business located on the site (shall include “caretakers quarters”). (2)Standards.Employee housing shall be subject to the following development and operational standards: 5 C C (a)Dwelling units used for employee housing shall comply with all applicable provisions of this Code. (b)Only one (1)unit of employee housing per principal use shall be allowed for the purpose of providing caretaker quarters. (c)The twenty-five (25)percent increase in the floor area ratio permitted in §5.2.C.2.a.(3)shall only be used for employee housing. (d)Except in the CD zoning district,a minimum of one (1)off-street parking space shall be provided for each employee housing unit containing eight hundred square feet of gross floor area or less and two (2)off-street parking spaces for each employee unit greater than eight hundred square feet,in addition to the required parking for the principal use or business. (e)Employee housing shall be occupied only by the owner,operator,caretaker or an employee of the principal use,plus his or her immediate family. (f)Employee housing shall not be occupied or rented for a term of tenancy less than thirty (30)days. (g)Employee housing shall not be rented to the general public (non-employees)for accommodation or residential purposes,except that where employee housing has been provided for a seasonal summer work force,such housing may be used for residential purposes only (not accommodations)during the off-season with approval of Staff. (3)Formula for the Provision of Employee Housing.The amount of employee housing shall be allowed as follows: (a)Commercial/Retail/Industrial/Recreation Uses:One (1)unit of employee housing per the first one thousand five hundred (1,500)square feet of gross floor area of the principal use(s).One additional employee housing unit per each additional two thousand two hundred fifty (2,250)square feet of gross floor area of the principal use(s). (b)Accommodation Uses:One (1)unit of employee housing per seven (7)guest rooms or units. (c)In no case,however,may the total actual density or intensity of the project, including the employee housing,exceed one hundred twenty five percent (125%)of the maximum density or commercial intensity (FAR)permitted by the zoning district regulations. ITEM 3-HOUSING IN THE “CD”DOWNTOWN COMMERCIAL §4.4.NONRESIDENTIAL ZONING DISTRICTS §4.4.C.DENSITY AND DIMENSIONAL STANDARDS 6 a C Table 4-5:Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts Minimum.Land Minimuni Building/Structure Area per 41piinirnum_Lot Size lI Setbacks [41 Max. Accommodation or Building Max.Lot Zoning Residential Unit Area Width Front Side -Rear Height Max.Coveragc District (sq.ft.perunlt)-(sqft)(ft.)(ft.)(ft.)(ftj (ft.)FAR (%) Accommodation I Units Only 1,800;abutsSF&2-Family SF &2 a(stand-alone)=Family resi-If lotooo(stand ‘‘Accommo Mini-den-abuts a .alone)dation uses 75 mum =S tial residential CD Dwelling Units (I’1 =20,000 MF’&Maxi-prop-property =30 2.0 wa Floor)I unit per All other s an mum =eny =10;alonc) •2.20 square feet uses =a1a 16 10;All other of gross land area ‘All cases =0 !All other Dwelling Units uses =a1a other(d Floor)No cases minimum gross =0 land area per unit 7