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HomeMy WebLinkAboutPACKET Town Board Study Session 2026-07-28Informal discussion among Trustees and staff concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m. Town Board of Trustees Study Session Tuesday, July 28, 2026, from 4:30 p.m. – 6:45 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live and available on the Town YouTube page. Click on the following link for more information on Digital Accessibility. Public Comment Public comments are not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a majority of the Board. Agenda 4:30 p.m. Development Code Update 50% Draft Review Presented by Eric Krohnhold, Design Workshop [ Break for Dinner 5:15 p.m. ] 6:00 p.m. Public Safety Facility Financing Presented by Director Zimmerman 6:35 p.m. Trustee and Administrator Comments and Questions 6:40 p.m. Future Study Session Agenda Items 6:45 p.m. Adjourn for the Town Board Meeting The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Steve Careccia, Director Department: Community Development Date: July 28, 2026 Subject: Development Code Update 50% Draft Review Purpose of Study Session Item: Eric Krohngold, Principal, with Design Workshop (consultant for the Development Code update) will provide an overview of the 50% draft of the Development Code. Town Board Direction Requested: Town Board direction is requested on the 50% draft of the Development Code. Present Situation: The Development Code update started in February 2025. Since then, extensive public outreach efforts were conducted, including completion of two open houses, several pop- up events, a community-wide survey, several public dialogues, and two public deliberations. Upon completion of this first phase of public engagement, the consultant and staff have drafted and reviewed updated code provisions, culminating in this 50% draft. Proposal: Design Workshop will provide an update on the overall code update process and overview of the 50% draft of the Development Code, including a description of several code update priority areas. The draft is currently in review with staff. The 50% draft has been placed on the Town’s website, which also includes a survey opportunity for providing public comment. An open house was held on Tuesday, July 21, and additional community deliberations are planned to be held in August. Advantages: Some advantages of an updated Development Code include: • A more search- and user-friendly document; • Modernization and incorporation of current best practices; • Increased efficiency in the development review process; • Incorporation of newer development concepts and standards; • Improved aesthetics; and, • Implementation and alignment with the Estes Forward Comprehensive Plan. Disadvantages: There are no disadvantages to discussing this study session topic. Finance/Resource Impact: Financial impacts have been accounted for with this year's budget. Level of Public Interest: Public interest has been and will continue to be high. Attachments: 1. 50% draft of the Development Code 2. Presentation Estes Park, Colorado, Development Code CHAPTER 1. GENERAL PROVISIONS OF THE CODE Estes Park, Colorado, Development Code Page 1 of 14 CHAPTER 1. GENERAL PROVISIONS OF THE CODE § 1.1 TITLE The regulations of this Land Development Code shall be officially known and cited as the "Land Development Code of the Town of Estes Park, Colorado," although it may be referred to hereafter as the "Estes Park Development Code," "EPDC," or "this Code." § 1.2 AUTHORITY AND JURISDICTION This Code is authorized by the Colorado Constitution and the applicable laws and statutes of the State of Colorado. § 1.3 APPLICABILITY A.Effective Date of Code. This Code will become effective on XX (the Effective Date). B.Effective Date of Future Amendments. After the Effective Date, each amendment of this Code shall become effective thirty (30) days after final action by the Town Board of Trustees, unless the Town Board specifies a different effective date. § 1.4 PURPOSE AND INTENT The regulations of this Code are intended to: A.Provide for coordinated, harmonious development of the Town of Estes Park, which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; B.Protect residents from fire, floodwaters, geologic hazards, and other dangers; C.Preserve and protect existing trees and vegetation, agricultural lands, floodplains, riparian corridors, wildlife habitat, and other sensitive environmental areas from adverse impacts of development; D.Facilitate the economic provision of adequate public facilities such as transportation, water supply, sewage disposal, drainage, electricity, public schools, parks, and other public services and requirements; E.Coordinate transportation and land use planning to provide a safe and efficient transportation system in Estes Park; F.Encourage innovative residential development so that growing demand for housing may be met by greater variety in type, design, and layout of dwellings, and by conservation and more efficient use of open areas ancillary to such dwellings; G.Encourage nonresidential development that preserves and protects the character of the community, including its natural and cultural landscape, and that minimizes objectionable noise, glare, odor, traffic, and other impacts of such development, especially when adjacent to residential uses or to the historic downtown core; H.Preserve and protect the architecture, history, and small-town character of Estes Park's historic downtown; I.Strengthen and improve downtown Estes Park as the primary government, cultural, office, financial, tourist, specialty shopping, and pedestrian district of Estes Park; J.Provide adequate building setbacks and height limitations; K.Encourage orderly and efficient distribution of the Estes Park population through land use regulations; DRA F T Attachment 1 Page 2 of 14 L. Encourage health and prosperity for all residents; M. Facilitate a year-round, diversified economy and social services for both residents and visitors; N. Promote good civic design and arrangement; O. Promote higher quality in site and land planning, conservation of open areas, and more efficient and attractive use of open areas; P. Advance environmental stewardship through the development of adaptive, resilient infrastructure that promotes sustainable and responsible use of natural resources; and Q. Implement the Estes Park Comprehensive Plan, as amended. § 1.5 APPLICABILITY The provisions of this Code shall apply to: A. All land and development located within the incorporated limits of the Town of Estes Park, as may be amended from time to time through annexation or other legal process. B. Use of all structures and land within the incorporated areas of the Town of Estes Park, as may be amended from time to time through annexation or other legal process. § 1.6 MINIMUM STANDARDS AND COMPLIANCE A. Minimum Standards. The provisions of this Code shall be considered the minimum requirements necessary for the promotion of the public health, safety, comfort, convenience, prosperity, and general welfare of Estes Park. B. Compliance. No structure or premises shall hereafter be used or occupied, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged, or altered in a manner contrary to the provisions of this Code. C. Nonconforming Uses, Structures, and Lots. See Chapter 5 for regulations regarding nonconforming uses, structures, and lots. § 1.7 RULES OF CONSTRUCTION AND INTERPRETATION A. Meaning and Intent. All provisions, terms, phrases, and expressions contained in this Code shall be construed according to this Code's stated purpose and intent. B. Text Controls. In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, or figure, the text shall control. C. Computation of Time. Unless the terms of a specific provision state otherwise, periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business/working days. D. Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the Town to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise. E. Technical and Nontechnical Words. Words and phrases not otherwise defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 3 of 14 not otherwise defined in this Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. Mandatory and Discretionary Terms. The words "shall" and “must” are always mandatory, and the words "may" or "should" are always highly desirable and strongly encouraged. G. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items, conditions, provisions, or events shall apply; and 2. "Or" indicates that one (1) or more of the connected items, conditions, provisions, or events shall apply. H. Tense and Usage. Words used in one (1) tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular. § 1.8 CALCULATIONS AND MEASUREMENTS A. Lot Area Measurement. Lot area refers to the total gross amount of horizontal land area within lot lines. Public and private rights-of-way and streets shall not be included in the calculation of lot area. No development plan, subdivision approval, building permit, or other land use approval shall be issued for a lot that does not meet the minimum lot area requirements of this Code, except as may be otherwise allowed in this Code. See Figure 1-1. B. Lot Width Measurement. Lot width refers to the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width shall be measured between the side lot lines along a line parallel to the front lot line and located at the minimum front setback distance from it. Lot width standards shall apply to lots that do not have a front lot line, i.e., lots that do not abut a street. In these cases, the Decision-Making Body shall determine where to measure lot width. See Figure 1-1. Figure 1-1 C. Density Calculation. 1. Net land area. Net land area shall be determined by subtracting from the gross land area the following: a. Eighty percent (80%) of land located within the 100-year floodplain as delineated on the most current FEMA Flood Insurance Rate Map (FIRM); DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 4 of 14 b. All land within a dedicated public right-of-way or a private street tract, including travel lanes, medians, turn lanes, roundabouts, and associated curbs, gutters, and sidewalks; c. All land located within a recorded utility easement, access easement, or trail easement that, by its terms, restricts surface development; and d. All land within a mapped geologic hazard area, including avalanche hazard zones, rockfall hazard areas, and landslide hazard areas, as identified on applicable state or county hazard maps. 2. Net density. Net density shall be calculated by dividing the net land area by the minimum lot area or land area required for each unit. 3. When applying a density standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number. 4. The number of dwelling or accommodation units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum density established for a zoning district (See Table 3.2 ) is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards. 5. The permitted dwelling on the land parcel shall follow the parcel setbacks as per the underlying zoning district and not cross the property line. 6. The permitted dwelling shall not cross any lot lines into adjacent parcels, except for townhomes. Refer to § 3.2 for further information. D. Setbacks—Building and Structure Setbacks. 1. Building and Structure Setbacks from Lot Lines. a. Measurement: Setbacks shall be measured as the distance between the nearest lot line and the furthest projection of a building or structure along a line at right angles to the setback line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this Section. See Figure 1-2. Figure 1-2 b. Features allowed within building setbacks include the following: DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 5 of 14 i. Cornices, canopies, eaves, or other similar architectural features, provided they extend no more than three (3) feet into a required setback or yard; ii. Driveways and sidewalks; iii. Fences or walls subject to height and other restrictions set forth in this Code; iv. Patios and decks, uncovered and at-grade, provided they are set back a minimum of five (5) feet from any lot line. See Figure 1-2; v. Steps to the principal entrance and necessary landings, together with railings that comply with the Building Code, provided they do not extend more than six (6) feet into the required setback and are uncovered; vi. Landscaping; vii. Recreational and playground equipment; viii. Trees, vegetation, or other features of natural growth; ix. Utility lines, wires, and associated structures within a utility easement; x. Signs that comply with the applicable sign setback and other sign siting regulations established in Chapter 11; xi. The placement of energy efficiency or renewable energy production systems and equipment, which are located adjacent to or independent of a building and in a setback area, shall be established by the Planning Commission pursuant to the procedures and criteria of Chapter 2. These systems are discouraged between any lot line adjacent to a street and any structure; xii. The minimum amount of equipment necessary for the functional operation of roof- mounted photovoltaic systems, provided that such equipment does not extend more than three (3) feet into the required setback and is located as far from adjacent lot lines as is reasonably practicable; xiii. Postal boxes; xiv. Parking lots that comply with landscaping standards set forth in §6.3.J, "Parking Lot Landscaping," and xv. Elements similar to the above, upon review and approval by the Community Development Director. c. Front Setbacks on Corner Lots and Double-Frontage Lots: For corner lots and double-frontage lots, all sides of the lot with street frontage shall be required to establish the applicable front yard setback. See Figure 1-2. d. Intersection and driveway sight visibility: Intersection and driveway sight visibility shall comply with the requirements of Appendix D, Section IV.C (Intersection and Driveway Visibility). 2. Development Setbacks from River and Stream Corridors and Wetlands. a. Stream and River Corridors. Development setbacks shall be measured as the distance between the delineated stream or river corridor, as set forth in §6.5.F.1, and the furthermost projection of a building or structure along a line at right angles to the setback line. See Figure 1-3. b. Wetlands. Development setbacks shall be measured as the distance between the delineated wetland edge, as set forth in §6.5.F.2, and the furthermost projection of a building or structure along a line at right angles to the setback line. See Figure 1-3. DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 6 of 14 Figure 1-3 E. Height. 1. Building Height Measurement. Building height means the vertical distance measured from the average finished grade around the perimeter of the building footprint to the applicable roof measurement point described below. The applicable roof measurement point is: a. Flat roofs. The top of the highest roof surface, excluding any parapet wall not used for occupancy or enclosure. b. Mansard roofs. The deck line of the mansard roof. c. Gable, hip, gambrel, and other pitched roofs. The midpoint between the top of the uppermost wall plate and the highest ridge of the roof, except that for any roof with a pitch of twelve-to-twelve (12:12) or steeper, height shall be measured to the highest ridge. d. Mixed or combined roof types. Where a building incorporates more than one roof form, each portion shall be measured using the applicable method above, and the greatest resulting height shall govern. 2. Average Grade. a. Average finished grade shall be calculated by establishing spot elevations at each point where the exterior building wall intersects the two-foot contour lines, using the lower of the existing natural grade or proposed finished grade at each such point, and averaging all such elevations. b. Where a building steps down a slope and contains distinct structural sections with separate rooflines, the average finished grade shall be calculated independently for each section. c. For purposes of calculating building height, neither natural grade nor finished grade shall be artificially altered through grading, filling, excavation, or other site work in a manner that has the effect of increasing the permitted building height beyond what would otherwise be allowed under the natural grade of the site. Where the Community Development Director finds that proposed or completed grading deviates materially from the natural grade of the site for reasons other than drainage, access, or structural necessity, the Community Development Director shall require that DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 7 of 14 building height be calculated from the natural pre-construction grade as established by a certified topographic survey prepared by a Colorado-licensed land surveyor prior to any site disturbance. 3. Rooftop Equipment — Height and Screening. a. For buildings with roof-mounted photovoltaic panels, mechanical equipment, or other rooftop appurtenances, building height shall be measured to the primary roof structure- meaning the structural roof deck or the highest point of the roof framing- rather than to the top of any such equipment or panel. b. Rooftop mechanical equipment, including but not limited to HVAC units, exhaust fans, vent stacks, and similar appurtenances, shall not project more than five (5) to six (6) feet above the primary roof structure. Rooftop photovoltaic panels shall not project more than three (3) feet above the primary roof structure on which they are mounted. c. All rooftop mechanical equipment visible from any public right-of-way or adjacent property at grade shall be screened by a parapet, enclosure, or architectural element that is integrated with the overall building design. Screening elements shall not themselves exceed the height limit established in subsection (b) above. All exposed rooftop equipment shall be painted, anodized, or finished in a matte, non-reflective color compatible with the primary building materials. 4. Line of Measurement. Height shall be measured along a vertical (plumb) line connecting the horizontal plane of roof height measurement to the horizontal plane of finished grade, as specified herein. See Figure 1-4. Figure 1-4 5. Exemptions from Height Standards. The following features shall be exempt from the maximum building height: a. Chimneys and Flues. Chimneys, flues, and associated spark arrestors, to the minimum height required by the applicable building and fire codes, plus no more than two (2) feet above that minimum. b. Skylights and Roof Monitors. Skylights, clerestories, and roof monitors, provided they do not project more than four (4) feet above the primary roof surface and do not enclose occupiable space. c. Parapet Walls. Non-occupiable parapet walls, provided they do not exceed four (4) feet above the primary roof surface. Parapets used to screen rooftop mechanical equipment shall comply with § 7.10.B.3. d. Cornices and Decorative Caps. Non-occupiable cornices, fascias, and decorative caps without windows, provided they do not project more than three (3) feet above the primary roof surface. DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 8 of 14 e. Cupolas and Widow's Walks. Decorative cupolas, widow's walks, and similar non-occupiable rooftop architectural features, provided they do not project more than eight (8) feet above the primary roof surface and the total footprint of all such features does not exceed ten percent (10%) of the total roof area of the building. f. Bell Towers, Clock Towers, and Spires. Unoccupied bell towers, clock towers, steeples, and spires associated with civic, institutional, or religious uses, provided they do not exceed fifteen (15) feet above the maximum building height of the applicable district. Such features shall require Design Review approval, and the Decision-Making Body shall find that the feature is integral to the building's architectural character and is not used to increase the building's occupiable floor area. g. Elevator Shafts and Stairwell Enclosures. Elevator shaft housings and stairwell enclosures required for rooftop access, provided they do not project more than ten (10) feet above the primary roof surface, are set back from all exterior building walls a minimum of five (5) feet, and are screened from view from adjacent public rights-of-way to the maximum extent practicable. h. Flagpoles. Flagpoles, provided they do not exceed ten (10) feet above the maximum building height, are not used for signage or commercial advertising and comply with any applicable design standards. i. Communications Antennas and Wireless Telecommunications Facilities. Communications antennas and wireless telecommunications facilities and structures, only to the extent permitted by Use Table 3.21 in Chapter 3 and §4.3 of this Code. Wireless telecommunications facilities shall additionally comply with all applicable federal requirements. § 1.9 OFFICIAL ZONING MAP A. Official Zoning Map. The location and boundaries of the zoning districts designated in Chapter 3 are hereby established as shown on the map entitled "Zoning District Map of Estes Park" and hereafter referred to as the Official Zoning Map, as may be amended. B. Incorporated by Reference. The Official Zoning Map and all notations thereon are hereby incorporated by reference and made part of this Code. The Official Zoning Map shall be maintained in a current, authoritative digital version by the Community Development Department using the Town's Geographic Information System (GIS). This version shall be updated to reflect all adopted amendments and shall be publicly accessible on the Town's website. C. Zoning District Boundaries. Unless otherwise specified, district boundaries are lot lines or the centerline of streets, rivers, or such lines extended. For example, where a lot located at the boundary between two (2) zoning districts abuts a street or road, the zoning district boundary shall be the centerline of such abutting street or road. D. Changes to Map. Changes made in district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with the provisions of this Code. Changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Trustees. No amendment to this Code that changes the Official Zoning Map shall become effective until after such change is entered on the map. E. Omitted Land. If any land subject to this Code has not been specifically included within any of the zoning districts shown on the official zoning map, such land shall automatically be classified in the RE Rural Estate zoning district. DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 9 of 14 § 1.10 CONFLICTING PROVISIONS AND RELATIONSHIP TO OTHER REGULATIONS, CODES, AND ORDINANCES A. Conflicts and Relationship with Other Regulations. 1. When the provisions of this Code are inconsistent with one another, or when the provisions of this Code conflict with provisions found in other ordinances, codes, or regulations adopted by the Town of Estes Park, the more restrictive provision shall govern unless the terms of the provisions specify otherwise. 2. It shall be the developer's or applicant's responsibility to determine and comply with all other applicable town, county, State, or Federal codes or regulations governing land development and land use activities. B. Relationship with Private-Party Easements, Covenants or Agreements. This Code is not intended to interfere with or abrogate or annul any easements, covenants or agreements between parties, provided that wherever this Code proposes a greater restriction upon the use of buildings or land, upon the location or height of buildings or structures, or upon requirements for open areas than those that are imposed or required by such easements, covenants or agreements between parties, the provision of this Code shall govern. In no case shall the Town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. C. Building Permit. A building permit shall be required prior to the construction, installation, modification, or change of use of any structure or improvement, including all accessory structures, energy systems, fences exceeding six (6) feet in height, swimming pools and spas with a water depth exceeding twenty-four (24) inches, and any work involving utility connections or changes of occupancy, in accordance with the International Building Code as adopted and amended by the Town. § 1.11 TRANSITIONAL PROVISIONS This Section governs the applicability of this Code, and any subsequent amendment thereto, to applications, approvals, and other matters pending as of the relevant effective date. A. Effective Date. For purposes of this Section, "effective date" means the effective date of this Code or of any specific amendment thereto, as applicable. See Chapter 13 for the definition of "effective date" and related provisions. B. Pending Applications — Vested Right to Prior Standards. An application determined to be complete prior to the effective date of this Code or any applicable amendment shall be reviewed and decided under the standards in effect at the time of that completeness determination, without regard to any time limit, provided that the application remains continuously active and is not withdrawn, abandoned, or otherwise terminated under the applicable review procedures of this Code. No time limit shall be imposed on the applicant's right to proceed under the prior standards solely by reason of the effective date of this Code or any amendment. C. Lapsed, Abandoned, or Terminated Applications. If an application subject to subsection (a) above is withdrawn by the applicant, deemed abandoned under the applicable provisions of this Code, or otherwise terminated prior to a final decision, any new or renewed application for the same or similar development shall be subject to the standards in effect at the time the new or renewed application is filed and determined complete. D. Lapsed or Expired Approvals. An approval granted under prior standards that lapses or expires pursuant to the applicable provisions of this Code, or that is voluntarily surrendered by the applicant, shall not retain the benefit of the prior standards. Any new or renewed application seeking to reestablish or replace such approval shall be subject to the standards in effect at the time of the application. DRA F T Created: 2025-10-20 16:51:47 [EST] (Supp. No. 23) Page 10 of 14 E. Violations Continue. Any violation of the Town's prior zoning regulations shall remain a violation under this Code and shall be subject to the penalties and enforcement measures set forth herein, unless the use, development, construction, or other activity is clearly consistent with the express terms of this Code. F. Completion of Development Plans Commenced or Approved Under Previous Codes. 1. Buildings or Developments with Previously Issued Building Permits. Any building or development for which a building permit was granted prior to the effective date of this Code shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Code. If construction is not completed and the intended use is not established in accordance with the applicable permit terms within 3 years of building permit issuance, the Estes Park Community Development Director may, for good cause shown, grant not more than one (1) extension of up to six (6) months. If the building or development is not completed within the 3-year period or any extension granted, the building shall be constructed, completed, used, or occupied only in compliance with the requirements of this Code. 2. Developments with Preliminary or Final Approval. Any development for which preliminary or final approval was granted prior to the effective date of this Code may be completed in accordance with the approved plat or plan and any other permits and conditions, even if such development does not conform to the provisions of this Code. 3. Developments with Applications for Approval Pending. Any development that has submitted a complete application that has been accepted by the Town prior to the effective date of this Code shall be exempt from complying with the provisions of this Code. The said application must be approved within six (6) months of the effective date of this Code. The Planning Commission may, for good cause shown, grant not more than one (1) extension of up to six (6) months. § 1.12 LIABILITY FOR DAMAGES This Code shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this Code. § 1.13 SEVERABILITY If a court of competent jurisdiction declares that any section, subsection, or provision of this Code is invalid, that ruling shall not affect the validity of any other part of this Code, which shall remain in full force and effect. § 1.14 RESPONSIBILITY FOR ENFORCEMENT A. Responsible Enforcement Entity. The Town of Estes Park Community Development Department, in coordination with the Town's Code Enforcement Division and the Estes Park Police Department, where applicable, shall be responsible for enforcing the provisions of this Code. B. Authorization for Inspections. Upon presentation of proper credentials, the Community Development Director or their designee may enter any building, structure, or premises solely to inspect work performed under an active building permit or to investigate a reported or observed potential violation of this Code. Such inspections shall be conducted during normal business hours. Entry without the consent of the property owner or occupant shall only be permitted pursuant to an inspection warrant issued in accordance with applicable law. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 11 of 14 § 1.15 VIOLATIONS It shall be a violation of this Land Development Code to undertake any of the following activities: A. Activities Inconsistent with Code. Erect, construct, reconstruct, remodel, alter, maintain, expand, move, or use any building, structure, or sign, or engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including all required approvals; B. Land Disturbing Activities Inconsistent with Code. Excavate, grade, cut, clear, or undertake any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations; C. Nonconforming Uses Inconsistent with Code. Create, expand, replace, or change a nonconforming use, structure, lot, or sign except in compliance with this Code; D. Making Lots or Setbacks Nonconforming. Reduce or diminish the lot area, setbacks, or open space below the minimum required by this Code; E. Increasing Intensity of Use. Increase the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code; F. Activities Inconsistent with Permit. Engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or G. Activities Inconsistent with Conditions of Approval. Failure to comply with any terms, conditions, or limitations placed by the Decision-Making Body upon any final development plan, subdivision plat, permit, or other form of authorization. § 1.16 REMEDIES AND ENFORCEMENT POWERS The Community Development Director and relevant Decision-Making Bodies shall have the following remedies and powers to enforce this Code: A. Civil Remedies and Enforcement Powers. 1. Deny/Withhold Permits. Deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or Applicant for the permit is responsible for the violation. Where the Community Development Director determines that an Applicant or Property Owner has an outstanding violation or violations of this Code, the Community Development Director shall be authorized to deny or withhold all permits, certificates, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. The provision shall apply whether or not the property for which the permit, application, or other approval is sought is the property in violation. The Property Owner or Applicant shall have the right to appeal the Community Development Director's determination that a violation of this Code exists to the Board of Trustees. The Board shall hold a hearing on the appeal as soon as practical and either uphold, reverse, or modify the determination of the Community Development Director as the Board deems appropriate. 2. Revoke Permits. Revoke any development permit or other authorization, after notice and a public hearing by the Decision-Making Body that originally granted final authorization or approval of the permit, when it is determined that either: DRA F T Created: XX (XX) Page 12 of 14 a. There is a departure from the approved plans, specifications, or conditions of approval; b. There is a violation of any provision of this Code; c. The development permit was obtained by false representation; or d. The development permit was issued in error. Written notice of revocation shall be served upon the owner, the owner's agent, Applicant, or other person to whom the permit was issued, or such notice may be posted in a prominent location at the place of the violation. No work or construction shall proceed after service of the revocation notice. 3. Stop Work Order. a. Issuance of Stop Work Order. With or without revoking permits, the Community Development Director may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of a permit or other form of authorization issued hereunder. The stop-work order shall specify the Code provisions allegedly violated. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order. b. Timing/Notice. The stop work order may be issued at the same time as the notice of the initial violation (see § 1.19), or subsequent to such notice. The stop-work order may also specify a shorter time than the fifteen-day period in §1.19 below. The stop work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as a penalty for the violation(s). 4. Injunctive Relief. Initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction against any person who fails to comply with any provision of this Code or any requirement or condition imposed pursuant to this Code. In any court proceeding in which the Town or the County seeks a preliminary injunction, it shall be presumed that a violation of this Code is a real, immediate and irreparable injury to the public; that the public will be irreparably injured by the continuation of the Code violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject Code violation. 5. Abatement. Seek a court order in the nature of mandamus, abatement, injunction, or other action to abate or remove a violation or to otherwise restore the premises to the condition that existed before the violation. 6. Guilty of Municipal Code Violation. A person shall be guilty of an Estes Park Municipal Code violation upon conviction in any case where a violation of this Code exists within the Town of Estes Park, where notice of violation, including any stop work order, has been properly served, and where such person fails to comply with such notice or stop work order. 7. Penalty. Persons found guilty of a violation pursuant to this Section, within the Town of Estes Park, shall be subject to the fines and penalties established in the Estes Park Municipal Code. B. Criminal Remedies and Enforcement Powers in the Unincorporated Larimer County. 1. Guilty of Misdemeanor. A person shall be guilty of a misdemeanor upon conviction in any case where a violation of this Code exists, where notice of violation, including any stop work order, has been properly served, and where such person fails to comply with such notice or stop work order. 2. Penalty. Persons found guilty of a misdemeanor pursuant to this Section shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment for each such violation. DRA F T Created: XX (XX) Page 13 of 14 § 1.17 CONTINUING VIOLATIONS Each day that a violation occurs or remains uncorrected after receipt of notice shall constitute a separate violation of this Code. § 1.18 REMEDIES CUMULATIVE The remedies provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. § 1.19 ENFORCEMENT PROCEDURES A. Nonemergency Matters. In the case of a violation of this Code that does not constitute an emergency or require immediate attention, written notice of the nature of the violation shall be given to the property owner, agent, or the Applicant for any relevant permit or registration. Notice shall be given in person, by certified U.S. Mail, or by contact via the website contact. The notice shall specify the Code provisions allegedly in violation, and—unless a shorter time frame is allowed by this Chapter—shall state that the individual has a period of fifteen (15) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Code. The Board of Trustees may grant an extension of the time to cure a violation, up to a total of ninety (90) days, if the Board finds that, due to the nature of the violation, it reasonably appears that it cannot be corrected within fifteen (15) days. B. Emergency Matters. In the case of violations of this Code that constitute an emergency as a result of safety or public concerns, or violations that will create increased problems or costs if not remedied immediately, the Community Development Director may use the enforcement powers available under this Chapter without prior notice, but he or she shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or the Applicant for any relevant permit. C. Options Upon Noncompliance. In the event a person fails to comply with a notice of violation or stop work order, or to remedy the violation to the satisfaction of the Community Development Director within the required time period, then the Community Development Director, in consultation with the Town Attorney, shall determine whether to subject the violator to the civil remedies listed in §1.15.A to criminal liability pursuant to §1.15.B above, or to any other equitable or other remedy available. § 1.20 NONLIABILITY OF THE TOWN This Code shall not be construed to hold the Town of Estes Park, or any of its employees or officials acting within the scope of their employment, in any manner responsible or liable for any damages to persons or property resulting from: A. Any inspection, enforcement, or review as authorized by this Code; or B. Any failure to inspect or enforce; or C. The issuance or denial of any permit or other form of authorization under this Code; or DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 14 of 14 D. The institution or failure to institute any civil or criminal enforcement remedy as herein authorized or required. In enacting this Code, the Board of Trustees intends to preserve all its rights, the rights of its agency and departments, and the rights of its elected and appointed officials and employees to immunity from liability as set forth in the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. § 1.21 CONTINUATION OF PRIOR ENFORCEMENT ACTIONS Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations. DRA F T Estes Park, Colorado, Development Code CHAPTER 2. PROCEDURES AND ADMINISTRATION Created: 2024-09-16 09:26:50 [EST] (Supp. No. 22) Page 1 of 27 CHAPTER 2. PROCEDURES AND ADMINISTRATION § 2.1 GENERAL PROVISIONS The following general provisions shall apply to all applications under this Code: A.Authority to File Applications. An application for development review or approval under this Code shall be filed by the record owner(s). The Board or the EPPC may initiate Code amendment action under this Code with or without an application from property owner(s) who may be affected. B.Applications. Applications required under this Chapter shall be submitted in the form and manner established by the Community Development Department. Applications shall be accompanied by a nonrefundable fee established by the Board to defray the costs of processing applications and by any required escrow funds. C.Concurrent Submittal and Timing of Reviews. At the election and risk of the Applicant and with the approval of the Department, applications for different types of development approvals may be processed concurrently to expedite the total review and processing time for a project. D.Application Processing Schedule. The Department may establish and publish a processing schedule for each application. E.Permitted Scope of Action by Decision-Makers. The Decision-Making Body may approve the application, approve it with conditions, or deny it. For applications requiring a public meeting or hearing, the decision shall be reflected in the official record of that proceeding. The Decision-Making Body shall provide written notice of the decision to the Applicant in accordance with the notification requirements of this Chapter. F.Continuation of Hearings. A public hearing may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continued hearing is set for a specific date and time. No public hearing on a planned unit development application shall be continued for more than forty (40) days without the written consent of the Applicant as per C.R.S. § 24-67-104(1)(e). § 2.2 CODE ADMINISTRATION AND REVIEW ROLES A.Relevant Administrating Bodies. The following entities shall have roles in administrating the provisions of this Code: 1.The Town of Estes Park Board of Trustees (referred to as "the Board"); 2.The Estes Park Planning Commission ("EPPC"); 3.The Estes Park Board of Adjustment (BOA); and 4.Staff of the Community Development Department of the Town of Estes Park (referred to as "Department"). 5.Director of the Community Development Department (referred to as “Community Development Director”) DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 2 of 27 B. Table 2.1: Code Administration and Review Roles. R = Recommendation Body (Responsible for Review and Recommendation) DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny) A = Authority to Hear and Decide Appeals of Decision-Making Body's Action—See also §2.4, "Appeals." PROCEDURE REVIEW AND DECISION-MAKING AUTHORITY Department EPPC Board BOA Administrative Appeals (§2.4) [1] R - - DM Amended Plats (§ 9.2 ) DM - - A Annexations (§ 10.4 ) R R DM - Code Interpretation DM - - A Code Text Amendments (§ 2.5 ) R R DM - Comprehensive Plan Adoption/Amendment R DM - - Development Plans (§ 2.6 )[2] Major Adjustment Review R DM A - Minor Adjustment Review R DM A - - Fees and Charges - - DM - Location and Extent Review (§ 2.7 ) R DM DM A - - Minor Amendment (§ 2.8 ) DM DM A A - Minor Modification (§ 2.9 ) R DM A - - PUD Final PUD Plan (§ 8.4 ) R - DM*[4] - Preliminary PUD Plan (§ 8.4 ) R R DM - Separate Lot Determinations (§ 2.10 ) DM - A - Subdivision Plat [3] Administrative Subdivisions (§ 9.2 ) DM - - - Final Subdivision Plat (§ 9.2 ) R - DM*[4] - Minor Subdivisions (§ 9.2 ) R R DM - Preliminary Subdivision Plat (§ 9.2 ) R R DM - Use Classification (§ 4.2 ) DM - A - DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 3 of 27 NOTES TO TABLE 2.1: 1) The Board shall have authority only for appeals taken from the EPPC (not Department) action on applications for minor modifications. 2) The Department shall have decision-making authority on development plan applications specified for "Department Review" in Table 2.1 of this Code. See §2.6 "Development Plan Review." The EPPC shall have decision-making authority on those development plans specified for "EPPC Review" in Table 2.1 of this Code. Appeals from Department decisions on a development plan shall be to the EPPC. Appeals from EPPC decisions on a development plan shall be to the Board. 3) Land Consolidation Plats shall not be subject to review by the Planning Commission. 4) Applications shall be approved by Consent Agenda rather than a public hearing. § 2.3 STANDARD DEVELOPMENT REVIEW PROCEDURE All development applications are subject to the following standard review procedure, unless variations or exceptions to the standard procedure are expressly provided for in the particular development application requirements set forth in this Chapter. Table 2.2 Standard Development Review Process Step 1 Pre-Application Conference Step 2 Neighborhood and Community Meeting Step 3 Application/Completeness Certification Step 4 Department Review and Report Step 5 Estes Park Planning Commission Action or Recommendation Step 6 Board of Trustees Review and Action A. Step 1: Pre-Application Conference. 1. Purpose. The purpose of the pre-application conference is to provide an opportunity for the Applicant and the Department to discuss the review process, schedule, and submittal requirements, the project scope, and compliance with this Code. 2. Exceptions. A pre-application conference is not required for the following: a. Zoning text amendments; and Use Review Conditional Use Review (§ 2.11 ) R DM A - Special Use Review (§ 2.12 ) R R DM - Temporary Use and Sign Permits (§ 2.13) DM - - - Variances (§ 2.15 ) R - - DM Zoning Map Amendments (Rezoning)(§ 2.16 ) R R DM - DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 4 of 27 b. Any application for which the Community Development Director has granted a waiver pursuant to subsection 3 below. 3. Waiver. The Community Development Director may waive the pre-application conference requirement upon the Applicant's written request demonstrating that the proposed development is straightforward, that the applicable standards are clear, and that a pre-application conference would not materially advance the review process. A waiver granted under this subsection shall be documented in writing and placed in the application file. 4. Applicable Application Types. Without limiting the general applicability of subsection 1, mandatory pre-application conferences include but are not limited to the following application types: a. Special review uses; b. Development plans; c. Zoning map amendments; d. Preliminary subdivision plats; e. Minor subdivisions; f. Preliminary PUD plans; g. Variances; h. Annexations; and i. Location and extent reviews. B. Step 2: Neighborhood Meeting. 1. Purpose. To facilitate community participation early in the development review process, certain development applications are required to hold a neighborhood meeting prior to submission of the application in Step 3. The purpose of the outreach is to inform neighbors and interested members of the public about the project, to receive comments, to address concerns about the development proposal, and to resolve conflicts and outstanding issues, where possible. 2. Applicability. a. Mandatory. A neighborhood meeting is required for all development applications that require a public hearing under this Code. b. Voluntary. For applications that do not require a public hearing, a neighborhood and community meeting is encouraged but not required. c. Community Development Director Authority. The Community Development Director may require a neighborhood and community meeting for any application where additional public outreach is warranted, or may require more than one meeting for complex or high-impact proposals. The Community Development Director may direct the time, place, and manner of any such required meeting. 4. Procedure. If a neighborhood meeting is held by the applicant, it shall comply with the following procedures: a. Time and Place. The meeting shall be held at a publicly accessible location within or reasonably near the notification area, such as a school, library, or community center. Meetings shall be scheduled after 5:00 p.m. on a weekday or at any time on a weekend. Virtual meeting options may be offered at the applicant's discretion or as directed by the Department. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 5 of 27 b. Written Notification. The applicant shall provide notice of the meeting at least fifteen (15) business days in advance by: i. Publishing notice in a newspaper or publication of general circulation in the Estes Valley; and ii. Mailing notice to all owners and occupants within the notification boundary, using the most recent property owner records provided by the Town. iii. Notice shall state the purpose, time, place, and format of the meeting. c. Posted Notice. The applicant shall post notice on the subject property at least fifteen (15) days prior to the meeting using a standard sign in the format and materials determined by the Department. The following requirements apply: i. Posted notices shall be legible from a public street or right-of-way under clear weather conditions, consistent with the noticing standards in this chapter, §2.14.D. ii. Properties abutting more than one public street or right-of-way shall post one sign per abutting street or right-of-way. iii. Posted signs shall remain in place through the close of the meeting, including any continuance or postponement. iv. Proof of posting shall be submitted to the Department prior to the meeting. v. Removal, damage, or destruction of a properly posted notice by weather or other natural occurrence shall not constitute a failure to comply with this Section. d. Conduct of Meeting. The applicant shall explain the development proposal, describe the review process, and respond to questions and comments from attendees. The applicant shall make a good-faith effort to identify and address conflicts raised during the meeting. e. Department Attendance. The Town Department may attend to advise attendees on applicable Code provisions, but shall not serve as facilitators or participate in negotiations. f. Written Summary. Following the meeting, the applicant shall submit to the Department a written summary, which shall be included in the application and made available for public inspection. The written summary shall include: i. A list of attendees; ii. A summary of issues and comments raised regarding the development proposal; and iii. Any other information the applicant deems relevant. g. Response to Summary. Any attendee may submit a written response to the applicant's summary, including their own account of the issues discussed and any comments they deem relevant. Such responses shall be included in the application record. C. Step 3: Application Timing and Certification of Completeness. 1. Determination of Completeness. Applications shall be reviewed for completeness upon submission to the Community Development Department. a. If the Community Development Director determines that the application is complete, the application shall then be processed. If the application is determined to be complete, the Community Development Director shall notify the applicant. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Title, and it shall not preclude a request for additional information or materials in the future to DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 6 of 27 complete the review of the application. Upon a determination of completeness, the applicant may be asked to submit additional copies of relevant documents. b. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. No further processing of the incomplete application shall occur until the deficiencies are corrected. Any application not accompanied by the required fee shall be deemed incomplete. Fees shall not be required for applications initiated by the Department, the Planning Commission, or the Board. D. Step 4: Department Review and Report. The Department shall refer the development application to the appropriate review agencies, review it, and prepare a Department report. No changes to the development application or any accompanying plans or information shall be permitted after submittal, except for any changes or additional information agreed upon or requested by the Department during their review. E. Step 5: Estes Park Planning Commission Action or Recommendation. 1. Public Hearings or Meetings Required. a. General Rule. Upon certification of a complete application and receipt of applicable referral comments, the Community Development Department shall schedule the application for review by the Estes Park Planning Commission (EPPC) in a timely manner, consistent with the EPPC's regularly scheduled meeting calendar and the Department's capacity to complete a Department review prior to the scheduled meeting. b. Authority to Defer Scheduling. When an extraordinary volume of applications prevents the Department from completing adequate staff review prior to the next regularly scheduled EPPC meeting, the Department may defer scheduling of the application to the next available meeting at which the Department review can be completed. Once an application is placed on the official EPPC agenda, all other applicable time requirements for review and action under this Chapter shall apply. c. All Public Meetings shall be noticed, as required in §2.14, General Notice Provisions. 2. Compliance with EPPC's Conditional Approvals. a. EPPC Final Actions. When the EPPC is the Decision-Making Body, approval shall be by motion and vote at the hearing, recorded in the official minutes, and shall be final and appealable from the date of the vote. Acceptance of all conditions of approval and compliance, where feasible (e.g., required revisions to plans and drawings), shall be completed by the Applicant within thirty (30) days of the EPPC's action. b. EPPC Recommended Actions. When the EPPC is the recommending body, the EPPC shall, by motion and vote at the hearing, forward a recommendation of approval, approval with conditions, or denial to the Town Board. The recommendation shall be recorded in the official minutes. The Town Board shall serve as the final Decision-Making Body and shall consider the EPPC's recommendation, including any recommended conditions of approval, prior to taking final action. (For Town Board review procedures, see step 6 below) F. Step 6: Board Review and Action. 1. Public Notice. All Public Meetings shall be noticed, as required in §2.14, General Notice Provisions. 2. Board Action Required. The Board shall hold a public hearing in a timely manner, consistent with the Board’s regularly scheduled meeting calendar. At the hearing, the Board shall consider the development application, the Department report, the Planning Commission's recommendation, and the evidence from any public meeting. The Board shall take final action by either approving, approving with conditions, or denying the application based on its compliance with the appropriate review DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 7 of 27 standards. The Board may also continue an application if additional information is needed before taking final action. 3. Compliance with Board's Conditions. Where the Board's approval is subject to conditions requiring revisions to plans, drawings, documents, or other application materials, the Applicant shall submit revised materials to the Department in conformance with the time frames established by such conditions. Conditions requiring physical improvements or on-site actions, such as landscaping, construction, or infrastructure installation, shall be governed by the terms of the approval and any associated development agreement and are not subject to this Section. G. Summary Table—Standard Development Review Process by Application Type. Table 2.3 PROCEDURE Step 1 Pre- Application Conference Step 2 Neighborhood & Community Meeting Step 3 Application Completeness Step 4 Department Review & Report Step 5 EPPC Action Step 6 Board Action Annexations (§ 10.2) M M M M - A Code Text Amendments - - - M M M Development Plans (§ 2.6 ) Planning Commission Review M M M M M A Department Review O O M M - - Location and Extent Review (§ 2.7 ) M O M M M, A A Amended Plat and Land Consolidation Plat (§ 9.3 ) O O M M - A Minor Amendment (§ 2.8 ) O O M M A - Minor Modification (§ 2.9 ) O O M M M, A A PUD Final PUD Plan (§ 8.4 ) O O M M - M Preliminary PUD Plan (§ 8.4 ) M M M M M M DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 8 of 27 PROCEDURE Step 1 Pre- Application Conference Step 2 Neighborhood & Community Meeting Step 3 Application Completeness Step 4 Department Review & Report Step 5 EPPC Action Step 6 Board Action Separate Lot Determinations (§ 2.10 ) O - M M - A Subdivision Plat Administrative Subdivisions (§ 9.2 ) - - M M - - Final Subdivision Plat (§ 9.2 ) O O M M - M Minor Subdivisions [4] (§ 9.2 ) M O M M M - Preliminary Subdivision Plat (§ 9.2 ) M M M M M M Use Classification (§ 4.2 ) O O M M - A Use Review Conditional Use Review (§ 2.11 ) O O M M M A Special Use Review (§ 2.12 ) M M M M M M Temporary Use and Sign Permits (§ 2.13 ) O - M M - - Variances (§ 2.15 ) M O M M - A Zoning Map Amendments (Rezoning) (§ 2.16 ) M M* M M M M "O" = Optional "M" = Mandatory "-" = Not Applicable "A" = Appeals "BOA" = Board of Adjustment "M*" = Mandatory for Private-Party-Initiated Zoning Map Amendment DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 9 of 27 H. Flow Chart of Standard Development Approval Procedure. § 2.4 APPEALS A. Appeals from Final Decisions by the Board. A party-in-interest may appeal a final decision made by the Board of Trustees pursuant to this Code. All such appeals shall be taken to a Colorado court of competent jurisdiction. B. Appeals from Final Decisions by the Estes Park Planning Commission. A party-in-interest may appeal a final decision made by the Estes Park Planning Commission pursuant to this Code. All such appeals shall be taken to the Board of Trustees, as applicable. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 10 of 27 C. Appeals from Final Decisions by the Department. A party-in-interest may appeal a final decision made by the Department in administrating or interpreting this Code. All such appeals shall be taken to the Board of Adjustment, except that appeals from the Department decisions on use classifications and separate lot determinations shall be taken to the Board of Trustees, as applicable. D. Appeals from Final Decisions by the Estes Park Board of Adjustment. A party-in-interest may appeal a final decision made by the Estes Park Board of Adjustment. All such appeals shall be taken to a Colorado court of competent jurisdiction. E. Appeals from Enforcement Actions. Appeals from the issuance of a notice of violation or stop work order shall be taken to a Colorado court of competent jurisdiction. F. Timing of Appeals. Unless a different time frame is set forth in a specific provision of this Code or in applicable provisions of the Colorado Revised Statutes, all appeals shall be in writing and filed within thirty (30) days after the final action or decision being appealed. There shall be no right to appeal any action or decision if a written notice of appeal has not been filed within said thirty-day period. G. Filing of Appeals. Written notice of appeals shall be filed as follows: 1. Appeals to the Town Board of Trustees shall be filed with the Town Clerk. 2. Appeals to the Estes Park Planning Commission shall be filed with the Estes Park Community Development Department. H. Hearing of Appeals. The hearing before the Estes Park Planning Commission or Board of Trustees shall be held within sixty (60) days of filing the written notice of appeal, or as soon thereafter as is practical under the circumstances. I. Form of Appeal. Each written notice of appeal shall state specific grounds for the appeal and cite all relevant Sections of the Estes Park Development Code. The Board shall only consider those matters specified in the written notice of appeal. § 2.5 CODE TEXT AMENDMENTS A. Initiation. Applications for text or Official Zoning Map amendments may be initiated by the following: 1. By motion of the Estes Park Planning Commission; 2. By request of the Board; C. Procedures for Approval. All applications for text amendments shall follow the standard development approval process set forth in §2.3 of this Chapter. D. Standards for Review. All applications for text amendments shall be reviewed by the EPPC and Board for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. 1. The amendment is necessary to address changes in conditions in the areas affected; 2. The Town, or other relevant service providers, shall have the ability to provide adequate services and facilities that might be required if the text change were approved. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 11 of 27 § 2.6 DEVELOPMENT PLAN REVIEW A. Purpose. The purpose of the development plan review process is to ensure compliance with the zoning standards and provisions of this Code, while encouraging quality development in Estes Park that reflects the goals, policies, and objectives set forth in the Comprehensive Plan. B. Applicability. 1. Except as otherwise provided herein, all development set forth in Table 2.4 shall be required to submit a development plan for review in accordance with the procedures and standards of this Section. A development plan shall not be required for the following: a. Single-family detached or duplex dwelling units, except where an adaptable use approval is required pursuant to §2.11; b. Interior tenant improvements that do not result in a change of use; c. Routine building or site repairs and maintenance; d. Landscape maintenance or modification that does not result in noncompliance with an approved landscape plan; e. Exterior building modifications that do not increase building floor area or relocate public entrances; f. Development for which the Community Development Director determines that a development plan is not necessary to evaluate compliance with the requirements of this Code. 2. Notwithstanding the foregoing, a development plan shall be required for all development on land with slopes greater than thirty percent (30%) or within designated ridgeline protection areas, pursuant to §6.1.B. 3. No development, excavation, site preparation, or construction activity, including grading or vegetation removal, shall occur on any property subject to this Section until a required development plan has been approved. Table 2.4 Development Plan Review Requirements Determining Factor Department Review EPPC Review number of parking spaces, the configuration of parking, or water, sewer, or drainage on the premises. the number of parking spaces, the and/or RV pad/campsites and/or RV pad/campsites DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 12 of 27 C. Development Plan Approval Procedures. Applications for the development plan shall follow the standard development approval process set forth in §2.3 of this Chapter. Approval of a development plan may include conditions necessary to ensure compliance with this Code. Failure to comply with an approved development plan, including any conditions of approval, shall constitute a violation of this Code and shall be subject to enforcement pursuant to Chapter 1. D. Standards for Review. The recommending and decision-making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standards set forth in this Code; and 2. The development plan is consistent with the policies, goals, and objectives of relevant land use, parks and trails, capital improvements, and other similar plans. E. Modifications to In-progress Development Plans. In cases where development plan applications are modified between the preliminary and final steps, such applications shall be reviewed through one of two pathways based on the scope, character, and impacts of the proposed changes or development. 1. DEPARTMENT-LEVEL REVIEW (Minor Alterations) a. Applicability. Department-level review is appropriate for applications involving routine modifications, technical adjustments, or changes that do not substantially alter the character, intensity, or impact of a development or use. b. Review Standards. Applications appropriate for Department-level review typically exhibit the following characteristics: c. The modification does not fundamentally change the nature or character of the approved use or development. d. The change maintains existing impact levels or demonstrably reduces impacts on adjacent properties. e. There is no material increase in traffic generation, parking demand, noise, lighting, or other operational impacts. f. The change is consistent with the intent and findings of any previous land use approval. g. The modification does not undermine conditions of approval or mitigation measures. h. The change maintains full compliance with all applicable development standards. i. The change is unlikely to generate public controversy or neighborhood concern. 2. PLANNING COMMISSION REVIEW (Major Alterations) a. Applicability. Planning Commission review is required for applications involving substantial modifications, material changes in use or intensity, or proposals that warrant public input and deliberation. b. Review Standards. Any application that does not clearly meet all standards of a minor change subject to Department-level review shall be processed through Planning Commission review. F. Effect of Approval and Lapse. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 13 of 27 1. Expiration Prior to Vesting. If an Applicant fails to obtain a building permit or commence construction or operation pursuant to an approved development plan within three (3) years from the date of approval, the development plan shall expire and become null and void, unless a longer vested rights period has been approved. 2. Vesting Upon Permit or Construction. Upon issuance of a building permit and diligent pursuit of construction, or commencement of an approved use, the development plan shall be considered vested for the duration of the building permit and any authorized extensions thereof, and shall not be subject to expiration under Subsection (1). 3. Extensions. Prior to the expiration of a development plan under Subsection (1), the property owner may apply for a one-time extension of up to one (1) year. The Community Development Director may approve such extension upon a finding that there have been no changes to this Code that would materially affect the approved development or any conditions of approval. 4. Applicability. These provisions shall apply to all development plans approved on or after the effective date of this Code. G. Expedited Review for Affordable Housing 1. Applicability. This section is adopted to be in accordance with the requirements of C.R.S. 29-32-101. It shall apply to any building permit or other development application required under this Code, excluding applications that include Subdivisions, Rezonings, or Annexations, for any project for which fifty percent (50%) or more of the residential units in the development constitute "affordable housing" under C.R.S. 29-32-101. a. Any applicant qualifying for this expedited review may opt out at any time by written notice to the Department. 2. Review Process and Timelines. The review process for development applications subject to Expedited Review shall follow the steps as established in §2.6.The applicable decision-making body shall make its final decision on application approval, approval with conditions, or denial, not more than ninety (90) calendar days after submission of a complete application as identified in §2.3. For the purposes of calculating the timelines in this section, the date the Department determines in writing that the application is complete shall be the date of submittal of the complete application. a. Extensions. Extensions of the ninety (90) day timeframe are permitted in the following circumstances, and in accordance with C.R.S. Section 29-32-105. b. Extensions by Applicant. An applicant may request a one-time extension, in writing, for an additional ninety (90) days in order to comply with state law or court order, or for a review period required by another local government, or agency within or outside the County, for any component of the application requiring that government’s or agency’s approval. Extensions by the Town. The Town of Estes Park may implement a (30) calendar day extension to work with an applicant to address comments or revisions to an application. Each extension period shall not exceed the time between the request made by the Town and the applicant’s response to such request, plus thirty (30) days. The applicant shall provide the requested information or revisions promptly and, whenever possible, respond to the extension with acknowledgment within five (5) business days. c. The ninety (90) day timeline shall apply to each application type. For example, a development plan review is subject to a ninety (90)- day timeline, a subsequent Development Agreement is subject to a separate ninety (90)- day timeline, and a building permit is subject to a ninety (90)- day timeline. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 14 of 27 § 2.7 PUBLIC FACILITY/USE LOCATION AND EXTENT REVIEW A. Purpose. This Section implements C.R.S. § 31-23-209, and is intended to provide an opportunity for review of the location and extent of specified public facilities and uses sought to be constructed or authorized within Estes Park, particularly as to whether such public use is consistent with the Estes Park Comprehensive Plan and this Code. B. Applicability. 1. Applicable to Specified Public Uses. a. Location and extent review shall apply to the construction or authorization of all public schools, public safety facilities, trail heads, major utilities (whether publicly or privately owned), and all other public uses not specifically exempt from this Section. These public uses are listed in Chapter 3, "Zoning Districts, (Table 3.21), with the notation under the "additional regulations" column that Public Facility/Use Location and Extent review may be applicable. b. Location and extent review shall also apply to the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale, lease, or acquisition of any land for any public use subject to this Section. 2. Exemption for Town Public Uses Located Within Town Limits. Location and extent review shall not apply to the following projects when constructed, financed, or owned by the Town of Estes Park on property within the Town's jurisdictional limits: a. Public roads, streets, and rights-of-way; b. Public parks, trails, open spaces, and grounds; c. Public utilities and utility infrastructure; and d. Any other public facility or use not involving a permanent building or structure. C. Procedure for Location and Extent Review. 1. Public Uses. a. A proposed development plan shall be submitted to the EPPC for approval, pursuant to the development plan approval process set forth in §2.6 of this Chapter, prior to the construction or authorization of any public use that is subject to location and extent review. b. If the EPPC disapproves of the development plan, it shall communicate its reasons to the Board of Trustees, depending on the location of the proposed project. The Board is authorized to overrule such disapproval by a majority vote of its entire membership. Upon overruling, the Board may proceed with construction or authorization of the project, as applicable. c. If the project is not required to be authorized or financed by the Board of Trustees, the EPPC's disapproval may be overruled by the body or official having jurisdiction over the authorization and financing of the project. A vote to overrule by such a body shall be by a majority vote of its entire membership. In the case of a utility owned by an entity other than a political subdivision, the EPPC's disapproval may be overruled by the Public Utilities Commission by a majority of its entire membership. 2. Public Notice. All Public Meetings shall be noticed, as required in §2.14, General Notice Provisions. D. Standards for Review. The EPPC and Board shall review the extent and location of the proposed public use to determine its consistency with the goals, policies, and objectives stated in the Comprehensive Plan and its compliance with this Code. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 15 of 27 § 2.8 MINOR AMENDMENTS A. Applicability. 1. Minor Amendments to Approved Final Plans. The Department may review and approve minor amendments to approved development plans, final PUD plans, and final subdivision plats. For purposes of this Section, a minor amendment is an amendment that does not materially alter the approved development and maintains consistency with the intent, layout, and impacts of the approved plan. In evaluating whether a proposed amendment is minor or major, the Department shall consider whether the proposed modification: a. Increases overall project density or intensity of development; or b. Decreases the approved lot size or materially alters the approved lot configuration; or c. Changes approved uses or the mix of uses; or d. Increases building height or massing beyond that approved in the final plan; or e. Expands established limits of disturbance or materially alters grading, drainage, or site circulation patterns; or f. Materially affects approved infrastructure, including access, utilities, fire access, or stormwater facilities; or g. Substantially modifies open space, landscape areas, or environmental protection areas; or h. Otherwise, results in a material deviation from the approved development plan, as determined by the Community Development Director. 2. Major Amendment to Approved Final Plans. A proposed amendment shall be considered a major amendment if it materially alters the approved development, is inconsistent with the intent, layout, or has a major deviation from the approved plan. 3. Any modification meeting the definition and thresholds of a minor amendment may be approved administratively by the Department. Where the Department determines that a proposed amendment meets the thresholds of a major amendment, the application shall be referred to the EPPC for review and decision in accordance with the procedures set forth in Table 2.3 of this Code. 4. In granting such minor amendments, the Department or the EPPC may require conditions that will secure substantially the objectives of the standard, so varied or amended, and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties, including but not limited to additional landscaping or buffering. 5. Existing luminaires may undergo certain minor amendments without coming into compliance with this standard. Minor lighting amendments may include replacing a light source within a luminaire with a similar one, replacing a cracked lens or glass enclosure, or repainting, provided the luminaire's location is not changed. Once amendments affect 50% of the lumen output permitted to the property under §6.8.E, the site must come into compliance. § 2.9 MINOR MODIFICATIONS A. Applicability. 1. Minor Modifications from General Development and Zone District Standards. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 16 of 27 a. Authority to Grant Minor Modifications. The Department may grant minor modifications up to a maximum of ten percent (10%), and the EPPC may grant minor modifications up to a maximum of twenty-five percent (25%), from the following general development and zone district standards set forth in Subsections (i) through (v) below, provided that the Department finds that such modifications advance the goals and purposes of this Code and either result in less visual impact, more effective environmental or open space preservation, or relief from practical difficulties in developing a site. The Department may refer any request for a minor modification to the EPPC for review and action. i. Dimensional requirements; or ii. Yard and building setback requirements; or iii. General development standards set forth in Chapter 6; or iv. Subdivision design standards set forth in Chapter 9; or v. Platting requirements b. Exceptions to Authority to Grant Minor Modifications. In no circumstance shall the Department or EPPC approve a modification of a general development or zone district standard that results in: i. An increase in overall project density; or ii. A change in permitted uses or mix of uses; or iii. An increase in building height. c. In determining "practical difficulties," the Department and the EPPC shall consider and apply the factors set forth in §2.15 of this Code. d. In granting such minor modifications, the Department or the EPPC may require conditions that will secure substantially the objectives of the standard so varied or modified, and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties, including but not limited to additional landscaping or buffering. 2. Modifications and Waivers. The Community Development Director, or designee, shall have authority to grant modifications and/or waive standards set forth in this Chapter in conjunction with an Amended Plat, Boundary Adjustment, or Land Consolidation Plat, so long as the following conditions are met. a. Advances the goals and purposes of this Code; b. Either results in less visual impact, more effective environmental or open space preservation, relieves practical difficulties in developing a site, or results in the use of superior engineering standards than those required by this Code; c. There will be no increase in the intensity of use; d. There will be no increase in development and/or demand for services that necessitates compliance with EPDC standards. B. Procedure for Approval of Minor Modifications. 1. Minor Modifications from General Development or Zone District Standards. a. EPPC-Approved Minor Modifications. Minor modifications to general development or zone district standards may be considered by the EPPC in conjunction with a development application, subject to its review. Any such minor modification shall be approved or denied as part of the EPPC’s final action on the application. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 17 of 27 b. Noted Pending Application. The Department shall specify any approved minor modification from development or zone district standards and the justifications for such modifications in the written decision document (e.g., resolution, record of decision, or approval letter) for the pending development application for which the modifications were sought and, as applicable, shall require such modifications to be clearly depicted or annotated on the approved plans. § 2.10 SEPARATE LOT DETERMINATIONS A. Purpose 1. A Legal Lot Determination is a written administrative finding by the Community Development Department establishing the legal status of a lot, parcel, or tract of land within the Town of Estes Park. Legal lot status is a prerequisite for the issuance of a building permit and for the legal transfer of title. No building permit shall be issued for a lot that has not been legally created in accordance with the standards set forth in this Section. 2. This Section shall be used to review all questions or disputes regarding separate lot determinations based on the definition set forth in §13.3.150.b. In determining whether or not the individual parcel was intended at the time of its creation to be separately owned, developed, and otherwise used as a separate developable unit, the standards for review set forth below shall be considered, in addition to other relevant factors. B. Applicability. A Legal Lot Determination shall be required: 1. Prior to the issuance of a building permit for any lot not located within a platted subdivision of record, and 2. Whenever the legal status of a lot, parcel, or tract is in question during the review of a development application. The Department may require a Legal Lot Determination for any application in which the legal status of the subject property has not been established or is otherwise unclear. C. Procedures for Separate Lot Determination: See §2.3 for procedures for a separate lot determination. D. Standards for Review. In determining whether or not the individual parcel was intended at the time of its creation to be separately owned, developed, and otherwise used as a separate developable unit, the following factors shall, where relevant, be considered, in addition to other relevant factors: 1. Recorded Plat. The lot was created by a subdivision plat approved by the appropriate governing authority and properly recorded in accordance with the subdivision regulations in effect at the time of approval; 2. Pre-Regulation Conveyance. The lot was created by a legal conveyance with a legal description matching the current legal description of the property, executed prior to the applicable subdivision regulations; 3. Other Legal Creation. The lot was created by another method recognized as legally valid under Colorado law and the regulations in effect at the time of creation. E. Factors for Determining Intent of Separate Development. In determining whether a parcel was intended to be separately owned, developed, and used as an independent unit, the Department shall consider the following factors where relevant: 1. Shape, size, and physical character of the parcel. For example, if the parcel in question will comply with the adequate public facilities requirements set forth in §6.11 of this Code and a principal structure can be built meeting all applicable setbacks, the individual parcel may have been intended to be separately owned, developed, and otherwise used as a separate developable unit. Also, for example, if the shape, size, or physical character of the parcel in question is not similar to lots in the same neighborhood, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 18 of 27 a separate developable unit. Also, for example, if the shape of the parcel indicates that it was intended to be used for physical access or for the provision of utilities, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as a separate developable unit; 2. Historic use of the parcel in question. For example, if a principal structure was built over the boundary line in question, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as a separate developable unit; 3. Historic property ownership patterns. For example, if no portion of the parcel in question has been individually deeded into separate ownership from the remaining portion of the parcel at any time prior to May 5, 1972, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as a separate developable unit; 4. Private restrictions in effect at the time the parcel was created. For example, if private covenants in effect at the time of conveyance prohibited the creation of more than one (1) lot, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as a separate developable unit; 5. Tax Assessment History. If no portion of the parcel in question was ever taxed separately by the Larimer County Tax Assessor, the individual parcel may not have been intended to be separately owned, developed, and otherwise used as a separate developable unit; 6. Boundary Divisions. If the parcel in question is divided by a municipal or county boundary line, the individual parcel may have been intended to be separately owned, developed, and otherwise used as a separate developable unit; and 7. Unrecorded Plats. If the parcel in question was delineated on an unrecorded subdivision plat and created in conformance with the applicable subdivision and zoning regulations, if any, in effect at the time of creation, the individual parcel may have been intended to be separately owned, developed, and otherwise used as a separate developable unit. F. Official Record of Separate Lot Determinations. An official record of separate lot determinations shall be kept on file in the Community Development Department. The record shall be available for public inspection in the Community Development Department during normal business hours or through the Public Records Portal. § 2.11 CONDITIONAL USE PERMIT A. Procedures for Approval of a Conditional Use Permit. Applications for approval of a conditional use permit shall follow the standard development approval process set forth in §2.3, except for the following modifications. The review procedure provides an opportunity to allow the use when impacts are limited, or to deny the use if findings establish that the use is not appropriate. B. Standards for Review. 1. Burden of Proof. The Applicant bears the burden of demonstrating compliance with all applicable standards. The Decision-Making Body shall not approve a conditional use unless it makes affirmative findings on each of the standards set forth in this Section based on evidence in the record. 2. Use-Specific Standards. Where Chapter 4 (Use Regulations) or Chapter 12 (Wireless Communication Facilities) establishes standards specific to the proposed conditional use, the application shall demonstrate full compliance with those standards in addition to the general standards set forth in this Section. Where no use-specific standards exist, the general standards of this Section shall serve as the sole evaluation criteria. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 19 of 27 3. General Evaluation Criteria. All conditional use applications shall demonstrate compliance with the following general criteria: a. Consistency with the Comprehensive Plan. The proposed use is consistent with the goals, policies, and future land use designations of the Estes Park Comprehensive Plan. b. Compatibility with Zone District. The proposed use is appropriate in the zone district in which it is located and is consistent with the purpose and intent of that district. c. Compatibility with Site Design and Development Standards. The proposed use complies with all applicable development standards of this Code, including but not limited to setbacks, height, landscaping, parking, signage, and lighting. d. Compatibility with Surrounding Uses. The proposed use is compatible with existing and anticipated land uses in the surrounding area, taking into account scale, intensity, hours of operation, noise, lighting, traffic generation, and other operational characteristics. e. Adequate Public Facilities and Services. The proposed use will be adequately served by public infrastructure and services, including water, sewer, transportation, stormwater, emergency services, and other utilities, without imposing an undue burden on existing systems or requiring premature extension of public facilities. f. Environmental Protection. The proposed use will not result in significant adverse impacts on environmentally sensitive areas, including floodplains, wetlands, steep slopes, wildlife habitat, or other natural features identified in the Comprehensive Plan or this Code. g. Nuisance Prevention. The proposed use will not create nuisance conditions, including excessive noise, odor, glare, vibration, or visual impacts, that would unreasonably interfere with the use and enjoyment of adjacent properties. h. Mitigation of Adverse Impacts. Any potential adverse impacts on nearby land uses, public facilities, and the environment have been mitigated to the maximum extent feasible through site design, operational limitations, or conditions of approval. 4. Non-Transferability. Approval of a conditional use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific location. A conditional use approval shall not run with the land for a different use and shall not be transferable to another location. 5. Conditions of Approval. The Decision-Making Body may impose conditions reasonably necessary to ensure compliance with the standards of this Section, protect adjacent properties and the public, and mitigate potential adverse impacts. Conditions shall be: a. Directly related to a standard or impact identified in the review; b. Proportionate in scope to the nature and intensity of the proposed use; and c. Capable of being monitored and enforced by the Department. C. Lapse. 1. Failure of an Applicant to apply for a building permit or commence operation with regard to the conditional use approval within one (1) year of the approval of the conditional use shall automatically render the decision null and void unless a longer period is approved by the decision-making body as a condition of approval. 2. If a legally established conditional use permit is abandoned or discontinued for a period of one (1) consecutive year or more, then the decision originally approving such conditional use permit shall automatically terminate. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 20 of 27 3. Prior to the expiration of a conditional use permit, the property owner may file for a single one-year extension. Such an extension may be granted by the Community Development Director upon determination that there have been no changes to this Code that would affect the approved conditional use permit or conditions of approval. § 2.12 SPECIAL USE REVIEW A. Procedures for Approval of Special Use Review. Applications for approval of a special review use shall follow the standard development approval process set forth in §2.3 of this code. Uses that require a Special Review and are subject to the regulations of this section are listed in the use tables in Table 3.21: Permitted Uses: Zoning Districts. Special Review Uses, meaning uses that may be appropriate in a given zoning district upon mitigation of certain impacts, shall be reviewed through a Special Review Permit procedure. The review procedure provides an opportunity to allow the use when there are limited impacts, to allow the use but impose mitigation measures to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved. B. Standards for Review. All applications for a special review use shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 4, "Use Regulations," of this Code. 1. Burden of Proof. The Applicant bears the burden of demonstrating compliance with all applicable standards. The Decision-Making Body shall not approve a special use unless it makes affirmative findings on each of the standards set forth in this Section based on evidence in the record. 2. Use-Specific Standards. Where Chapter 4 (Use Regulations) establishes standards specific to the proposed special use, the application shall demonstrate full compliance with those standards in addition to the general standards set forth in this Section. Where no use-specific standards exist, the general standards of this Section shall serve as the sole evaluation criteria. 3. General Evaluation Criteria. All special use applications shall demonstrate compliance with the following general criteria: a. Consistency with the Comprehensive Plan. The proposed use is consistent with the goals, policies, and future land use designations of the Estes Park Comprehensive Plan. b. Compatibility with Zone District. The proposed use is appropriate in the zone district in which it is located and is consistent with the purpose and intent of that district. c. Compatibility with Site Design and Development Standards. The proposed use complies with all applicable development standards in this Code, including, but not limited to, setbacks, height, landscaping, parking, signage, and lighting. d. Compatibility with Surrounding Uses. The proposed use is compatible with existing and anticipated land uses in the surrounding area, taking into account scale, intensity, hours of operation, noise, lighting, traffic generation, and other operational characteristics. e. Adequate Public Facilities and Services. The proposed use will be adequately served by public infrastructure and services, including water, sewer, transportation, stormwater, emergency services, and other utilities, without imposing an undue burden on existing systems or requiring premature extension of public facilities. f. Traffic and Access. The proposed use will not generate traffic volumes or patterns that exceed the capacity of adjacent streets and intersections and will provide safe and adequate access to the site. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 21 of 27 g. Environmental Protection. The proposed use will not result in significant adverse impacts on environmentally sensitive areas, including floodplains, wetlands, steep slopes, wildlife habitat, or other natural features identified in the Comprehensive Plan or this Code. h. Nuisance Prevention. The proposed use will not create nuisance conditions, including excessive noise, odor, glare, vibration, or visual impacts, that would unreasonably interfere with the use and enjoyment of adjacent properties. i. Mitigation of Adverse Impacts. Any potential adverse impacts on nearby land uses, public facilities, and the environment have been mitigated to the maximum extent feasible through site design, operational limitations, or conditions of approval. 4. Non-Transferability. Approval of a special use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific location. A special use approval shall not run with the land for a different use and shall not be transferable to another location. 5. Conditions of Approval. The Decision-Making Body may impose conditions reasonably necessary to ensure compliance with the standards of this Section, protect adjacent properties and the public, and mitigate potential adverse impacts. Conditions shall be: a. Directly related to a standard or impact identified in the review; b. Proportionate in scope to the nature and intensity of the proposed use; and c. Capable of being monitored and enforced by the Department. d. Address substantive concerns raised during the public hearing process, regarding potential impacts on quality of life, property values, and neighborhood character; C. Lapse. 1. Failure of an Applicant to apply for a building permit or commence operation with regard to the special review use approval within three (3) years of the approval of special review shall automatically render the decision null and void unless a longer period is approved by the decision-making body as a condition of approval. 2. If a legally established special review use is abandoned or discontinued for a period of one (1) consecutive year or more, then the decision originally approving such special review use shall automatically lapse and be null and void, unless a longer period is approved by the decision-making body as a condition of approval. 3. Prior to the expiration of the special review use, the property owner may file for a single one-year extension. Such extension may be granted by the Community Development Director upon determination that there have been no changes to this Code that would affect the approved special review use or conditions of approval. § 2.13 TEMPORARY USES AND STRUCTURES A. Applicability. All temporary uses and structures shall obtain a Temporary Use Permit pursuant to the procedures set forth in this Section. B. Procedures for Approval of Temporary Uses and Structures. The procedure for an application for a temporary use or structure shall be as set forth in §2.3 of this Chapter. C. Standards for Review. The Department shall review an application for a temporary use or structure and evaluate it for compliance with the general standards and specific use standards (as applicable) set forth in §4.6, "Temporary Uses and Structures," and, in addition, all of the following standards: DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 22 of 27 1. The proposed site for the temporary use or structure is adequate in size and shape to accommodate the temporary use; 2. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate; 3. Adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations; and 4. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. 5. Temporary event lighting must comply with the first two items of §6.8.D.1. 6. Temporary construction lighting must comply with the first two items of §6.8.D.1. D. Conditions of Approval. In approving a Temporary Use Permit, the Department may impose conditions, including but not limited to control of nuisance factors (e.g., glare, noise, smoke, dust), provision of security and safety measures, and limitations on hours of operation, storage, and parking, provided that such conditions are necessary to: 1. Achieve the general purposes of this Section and the specific purposes of the zoning district in which the temporary use will be located, or be consistent with the Comprehensive Plan; 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. E. Time Limits on Permits. Temporary Use Permits shall be valid for a specified period of time, not to exceed ninety (90) days, unless otherwise expressly provided for in §4.6 of this Code. The Community Development Director may grant extensions to the permit. § 2.14 GENERAL NOTICE PROVISIONS A. Newspaper Notice of Public Hearings. Publication of notice shall occur at least fifteen (15) days prior to the scheduled hearing in one or more newspapers of general circulation in Estes Park. Published notice shall specify the date, time, and place of the hearing and the specific nature of the matter to be heard. B. Digital Notice. Posting of digital notice shall occur at least fifteen (15) days prior to the scheduled hearing on the Town's official website and, where practicable, through other official Town digital communication channels. Digital notice shall include the same information required under subsection A and, where feasible, a direct link to the Department report or application materials available for public review. C. Written Notice of Public Hearings. 1. Whenever a public hearing is required by this Code for any specific property(s), the Community Development Department shall be responsible for mailing written notice at least fifteen (15) days before the scheduled meeting to all property owners within a specified boundary perimeter as required in this Section. 2. Failure to send or receive this written notice shall not affect the review and decision concerning the development application. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 23 of 27 3. Written notice shall be sent by regular USPS mail in a standard business envelope, and shall include the type of review (such as rezoning, Special Review, etc.), the location of the property(s) proposed for review, identification of the body conducting the public hearing, the date, time and location of the public hearing, a notice that written comment may also be submitted for the hearing record at any time prior to the hearing's close, the Department contact information, and a procedure for obtaining additional information if desired. 4. The boundary perimeter within which written notice is to be mailed shall be determined to include properties in whole or in part, less than or equal to five hundred (500) linear feet from the outermost boundaries of the subject property(s). D. Posted Notice of Public Hearings. Required posted notice requirements shall be on a standard Town sign provided by the department. The following additional requirements shall apply to posted notices pursuant to this Section: 1. Any posted notice shall be legible from a public street or public right-of-way in clear weather conditions. The posting shall measure twenty-four (24) inches by thirty-six (36) inches, and all text shall be at least one (1) inch in height. "Legible" means meeting the legibility requirements in Chapter 11 (Signage). 2. Projects abutting more than one public street or public right-of-way shall be required to post one (1) additional notice for each additional abutting public street or public right-of-way. 3. Posting of all notice(s) required by this Section shall take place no later than fifteen (15) days prior to any given Public Hearing for which the posting is required, and the posted signage shall remain until the close of any such public hearing, including the closing dates of any public hearing that may be continued or postponed. 4. A project with multiple required public hearing dates (for example, a project with a Planning Commission Public Hearing followed by a Town Board Public Hearing) may retain the same posted notice(s) throughout the cycle of public hearings, provided the posted notice(s) remain in reasonable repair and continue to be legible per the requirements of §2.14. 5. Proof that the property was posted in accord with this Section shall be provided to the department prior to the opening of any public hearing. 6. Removal, obstruction, damage, or destruction of a properly posted notice by weather or other natural occurrence shall not be construed as failure to comply with the public-notice provisions of this Code. § 2.15 VARIANCES A. Applicability. The BOA shall hear requests for variances where it is alleged that the provisions of this Code inflict unnecessary hardship and practical difficulties upon the Applicant. B. Procedure for Approval of Variances. Applications for approval of variances shall follow the standard development approval process set forth in §2.3 of this Chapter. C. Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth below: 1. Burden of Proof. The Applicant bears the burden of demonstrating that all applicable standards are met. The Board of Adjustment (BOA) shall not grant a variance unless it makes affirmative findings on each of the standards set forth in this Section based on evidence in the record. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 24 of 27 2. Required Findings. To approve a variance, the BOA shall find that all of the following standards are satisfied: a. Unique Physical Hardship. Strict application of the standard from which relief is sought would cause a practical difficulty or unnecessary hardship attributable to unique physical characteristics of the property, such as its topography, shape, size, or configuration, that are not shared generally by other properties in the same zone district. Financial hardship, personal circumstances of the Applicant, or conditions created by the Applicant or a prior owner shall not constitute grounds for a variance. b. Not Self-Created. The hardship is not the result of the Applicant's own actions, including the Applicant's purchase of the property with knowledge of the applicable regulations. c. No Reasonable Alternative. The Applicant cannot achieve a reasonable beneficial use of the property through some means other than a variance, including redesign, reconfiguration, or alternative development approaches. d. Minimum Relief Necessary. The variance requested represents the least deviation from the applicable standard that will afford relief. The BOA shall not grant a variance greater in scope than the minimum necessary to eliminate the demonstrated hardship. e. Consistency with Intent. The variance will not nullify or impair the intent or purpose of the specific standard, this Code, or the Comprehensive Plan. f. No Substantial Detriment. The variance will not cause substantial detriment to adjacent properties, substantially alter the essential character of the surrounding neighborhood, or adversely affect the delivery of public services, including water, sewer, transportation, and emergency services. g. Not Generally Applicable. The conditions giving rise to the hardship are not so general or recurrent as to warrant the formulation of a general code amendment as a more appropriate remedy. Where the BOA finds that a hardship is widely shared, it may refer the matter to the Community Development Department for consideration as a code amendment rather than granting individual variances. 3. Prohibited Variances. No variance shall be granted that would result in any of the following: a. Authorization of a use that is not permitted, or that is expressly or by implication prohibited, in the zone district applicable to the subject property; b. An increase in the number of lots in a subdivision beyond the number otherwise permitted under the applicable zone district regulations; c. An increase in the number of accommodation units beyond the number otherwise permitted; or d. The effective rezoning of a property by circumventing the zone district amendment process. 4. Practical Difficulty Factors. In evaluating whether a practical difficulty exists under subsection 2, the BOA shall consider the following factors, no single one of which is determinative: a. Whether any reasonable beneficial use of the property exists without the variance; b. Whether the variance requested is substantial in relation to the applicable standard; c. Whether the hardship is attributable to physical characteristics of the property rather than personal or financial circumstances of the Applicant; d. Whether the Applicant acquired the property with knowledge of the applicable regulations; DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 25 of 27 e. Whether alternative development configurations could eliminate or reduce the need for a variance; and f. Whether the hardship results from the Applicant's own actions or decisions. 5. Conditions of Approval. In granting a variance, the BOA may impose conditions reasonably necessary to secure the objectives of the standard being varied, protect adjacent properties, and mitigate potential adverse impacts on the surrounding neighborhood or public services. Conditions shall be proportionate to the scope of the variance granted. D. Lapse 1. General Rule. A variance approval shall lapse and become null and void if the Applicant fails to obtain a building permit and commence construction or other authorized action within [two (2) years] of the date of approval. Lapse shall be automatic and shall not require further action by the Board of Adjustment. 2. Administrative Extension. The Community Development Director may grant one administrative extension of the lapse period of up to one (1) year upon the Applicant's written request, provided the request is submitted prior to the expiration of the original approval period. The Community Development Director shall grant the extension upon a finding that: a. The Applicant has demonstrated good cause for the delay, such as permitting complexity, financing, or other circumstances beyond the Applicant's reasonable control; and b. The conditions under which the variance was originally approved have not materially changed. § 2.16 ZONING MAP AMENDMENT (REZONING) A. Initiation. Applications to amend the text of this Code or to amend the Official Zoning Map (rezoning) may be initiated by the following: 1. By motion of the Estes Park Planning Commission; 2. By request of the Board of Trustees; or 3. By application for a rezoning by the owner(s) of the property for which the rezoning is requested. 4. By application for a rezoning by a designated Owner’s Representative of the property for which the amendment is requested B. Private-Party-Initiated Applications for Rezonings. All applications for rezoning initiated pursuant to this chapter shall comply with the following requirements: 1. Development Plan Required. All applications seeking to amend this Code to change a property's zone district classification shall be accompanied by a conceptual plan sufficient to demonstrate that the proposed district is appropriate for the site and that adequate services and infrastructure can reasonably support the proposed development. The conceptual plan shall be submitted in the form and manner established by the Department 2. Contents of Development Plan. Refer to the Department list for submittal requirements. C. Procedures for Approval. All applications for rezoning shall follow the standard development approval process set forth in §2.3 of this Chapter. D. Standards for Review. All applications for rezoning shall be reviewed by the Planning Commission (EPPC) and Board of Trustees for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 26 of 27 1. The amendment is consistent with and furthers the goals, policies, and Future Land Use Plan of the Comprehensive Plan, as amended, and other policies and plans adopted by the Town. If the amendment is not consistent with the Comprehensive Plan, then the amendment must show either; a. It is necessary to address a change in conditions or circumstances in the immediate vicinity of the amendment area; or b. It will correct a technical error in the Official Zoning Map. 2. Potential adverse impacts to surrounding properties and the community, including but not limited to impacts related to environmental conditions, building design and placement, wildlife, access, traffic, emergency services, utilities, parking, noise, glare, odor, or similar factors, have been or shall be adequately addressed and mitigated, to the maximum extent practicable, through compliance with this Code, enforceable agreements, and/or conditions of approval. Such mitigation measures may include, but are not limited to, the following: a. Reduction in the number and type of permitted uses; b. Reduction or other regulations on permitted density or intensity of development; c. Reduction or other regulations on building or structure massing, height, and/or design; d. Provision of additional open space; e. Increased buffers and/or building setbacks; and f. Consistency with concept plans, architectural plans, landscape plans, and other site plans submitted as part of the amendment application. 3. The Town, County, and/or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the amendment were approved. E. Applications for Building Permits During Consideration of Application for Amendment to this Code. 1. Whenever an ordinance or resolution has been introduced before the Board that involves a change in zoning from a less restricted district to a more restricted district, or to set forth prohibited uses in any existing zone district, or an increase in the permitted density or intensity of development, no building permit shall be issued for a period not to exceed 120 days from the date of the introduction of such zoning amendment, when such building permit would authorize the construction of a building or the establishment of a use that would become nonconforming under the contemplated zoning amendment. § 2.17 VESTED RIGHTS A. Purpose. This Section is intended to implement the provisions of Article 68 of Title 24, C.R.S., as amended, establishing a vested property right to undertake and complete development and use of real property under the terms and conditions of an approved site-specific development plan. B. Site Specific Development Plan Approval. 1. Site-Specific Development Plan Defined. Final approval of a final subdivision plat (including a minor subdivision plat), final PUD plan, development plan and special review shall be considered approval or conditional approval of a "site specific development plan," as defined in §24-68-101 et seq., C.R.S., and shall result in a vested right for a period of three (3) years as provided in §24-68-101 et seq., C.R.S. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 27 of 27 2. Hearing Required. No site-specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice shall be published at the time and in the manner required by §2.14, and may be combined with any other required notice. 3. Notice of Approval. a. Each map, plat, or special review constituting a site-specific development plan shall contain the following language: "Approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." b. In addition, a notice describing generally the type and intensity of the use approved, the specific parcel or parcels of property affected, and a statement that a vested property right has been created shall be published once, not more than fourteen (14) days after final approval of the site-specific development plan, in a newspaper of general circulation within Estes Park. 4. Amendments to Site Specific Development Plans. In the event amendments to a site-specific development plan are approved pursuant to this Chapter, the effective date of such amendments, for purposes of the duration of a vested property right, shall be the date of the approval of the original site- specific development plan, unless the Decision-Making Body specifically finds otherwise and incorporates such finding in its approval of the amendment. C. Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and/or use of the property. D. Limitations. Nothing in this Chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of such article or a judicial determination that such article is invalid or unconstitutional, this Chapter shall be deemed to be repealed, and the provisions hereof shall no longer be effective. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 1 of 31 CHAPTER 3. ZONING DISTRICTS § 3.1 ESTABLISHMENT OF DISTRICTS The following zoning districts are hereby established. They may be referred to by their name or their district letter abbreviations. A.Residential Zoning Districts. 1.RE Rural Estate 2.E-1 Estate 3.E Estate 4.R Residential 5.R-1 Residential 6.R-2 Two-Family Residential 7.RM Multi-Family Residential B.Accommodations/Tourist Zoning Districts. 1.A Accommodations/Highway Corridor 2.A-1 Accommodations/Low Intensity C.Commercial Zoning Districts. 1.CD Downtown Commercial 2.CO Commercial Outlying 3.O Office 4.CH Commercial Heavy D.Industrial Zoning Districts. 1.I-1 Restricted Industrial E.Mixed-Use Zoning Districts. 1.MU Mixed-Use F.Public Facilities and Open Space Zoning Districts. 1.PF Public Facilities 2.OS Open Space, and Natural Areas G.Special Purpose and Overlay Zoning Districts. 1.FP Floodplain Overlay Zone 2.SH Stanley Historic Overlay District DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 2 of 31 § 3.2 ZONING DISTRICTS STANDARDS A. Density/Dimensional Standards for Residential Zoning Districts: RE, E-1, E, R, R-1, R-2, RM 1. Density Calculation. (See also Chapter 1, §1.8) a. Net land area. Net land area shall be determined by subtracting from the gross land area the following: i. Eighty percent (80%) of land located within the 100-year floodplain as delineated on the most current FEMA Flood Insurance Rate Map (FIRM); ii. All land within a dedicated public right-of-way or a private street tract, including travel lanes, medians, turn lanes, roundabouts, and associated curbs, gutters, and sidewalks; iii. All land located within a recorded utility easement, access easement, or trail easement that, by its terms, restricts surface development; and iv. All land within a mapped geologic hazard area, including avalanche hazard zones, rockfall hazard areas, and landslide hazard areas, as identified on applicable state or county hazard maps. b. Net density. Net density shall be calculated by dividing the net land area by the minimum lot area or land area required for each unit. c. When applying a density standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number. d. The number of dwelling or accommodation units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum density established for a zoning district (See Table 3.1 below) is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards. e. The permitted dwelling on the land parcel shall follow the parcel setbacks as per the underlying zoning district and not cross the property line. f. The permitted dwelling shall not cross any lot lines into adjacent parcels, except for townhomes. Refer to §9.6 for further information. 2. Table of Dimensional Standards by Zoning District. Table 3.1 below lists the dimensional standards that apply within the residential zoning districts. These are "base" standards and do not guarantee that stated minimums or maximums can be achieved at every site. Other regulations of this Code or site- specific conditions may further limit development on a specific site. 3. Maximum Number of Principal Structures Permitted Per Lot or Development Parcel. Except in the non-residential zoning districts, only one (1) principal structure shall be permitted per lot or development parcel. 4. Attainable Housing. All developments in the RM District shall be subject to the attainable housing limitations for rental and owner occupancy set forth in §3.3.A.7. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 3 of 31 Table 3.1 Zoning District Area (sq ft.) Minimum Lot Width (ft.) Minimum Front Setback (ft.) Minimum Side Setback (ft.) Minimum Rear Setback (ft.) Maximum Building Height (ft.) 2.5 Ac. 200 50 50 50 30 1 Ac. 100 25 25 25 30 E 0.25 Ac. 60 10 15 30 streets R 7,200 60 10 15 30 streets R-1 R-2 = 4,000 60 25-arterials 15-other streets 5 10 30 8,000 RM ft./unit 60 Lots Greater than 100,000 sq. ft.: 200 25-arterials 15-other streets 10 10 30 Institutional Living Uses: ½ Ac. B. Density and Dimensional Standards for Nonresidential Zoning Districts: A, A-1, CD, CO, O, CH, I-1, MU, PF, OS 1. Table of Dimensional Standards by Zoning District. Table 3.2 below lists the dimensional standards that apply within the nonresidential zoning districts. These are "base" standards, not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Code or site-specific conditions may further limit development on a site. 2. Minimum Land Area Requirements for Accommodation and Residential Uses in the Nonresidential Zoning Districts. Table 3.2 below includes a standard for "minimum land area per accommodations (guest) or residential unit," which applies only in the A, A-1, CD, AND MU zoning districts. The "minimum land area" necessary to meet this standard shall be measured using the net land area definition set forth in §1.8. When applying the minimum land area standard to a parcel's net land area, all resulting fractions shall be rounded up to the next whole number. 3. Maximum Units/Density Not Guaranteed. The number of dwelling or guest units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum residential or accommodation density established for a zoning district does not guarantee that such densities can be achieved, nor does it provide a valid justification for varying other dimensional or development standards. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 4 of 31 4. Conflict with standard yard setbacks. Where the application of the wildfire setback would require a structure to be set back further from a property boundary than the standard front, rear, or side yard setback of this district, the wildfire setback governs. Where the wildfire setback would effectively render a legally conforming lot undevelopable, the Applicant may apply for an administrative waiver, provided that the Applicant demonstrates that compensatory fire mitigation measures per Colorado Wildfire Resiliency Code Chapter 4 are incorporated into the development. Table 3.2 District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size Minimum Building/Structure Setbacks Max. Bldg. Height (ft.) Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.)Side (ft.)Rear (ft.) A Accommodati on Unit =1,800 40,000 100 Arterial street = 25 All other streets = 15 15 10 30 80 Residential Units: SF = 9,000 Residential Units: 2F = 6,500 Residential Units: MF = 5,400 A-1 11,000 15,000 50 street = 25 All other streets = 15 15 10 30 30 CD Accommodati on Units Only = 1,800 Accommodati on uses = 5,000 25 Minimu m = 0 Maximu m = 16 If lot abuts a SF residenti al property = 10 If lot abuts a SF residenti al property = 10 42 Buildin gs higher than 30 feet are subject - (standalone) = 9,000 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 5 of 31 Zoning District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size Minimum Building/Structure Setbacks Max. Bldg. Height (ft.) Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.)Side (ft.)Rear (ft.) square feet of gross land area All other uses = n/a All other cases = 0 All other cases = 0 §3.4.F.8 (2nd floor or higher floors) = No minimum gross land area per unit CO - Lots fronting arterials = 25,000 Fronti ng arteria ls = 100 All other lots = 50 Arterial street = 25 All other streets =15 15 15 30 80 Commercial Recreation/ Entertainmen t = 30,000 = 15,000 O Residential Units (2nd Floor) = 1 unit 2,500 sq. ft. GFA of principal use 15,000 Fronti ng arteria ls = 200 All other lots = 50 Arterial = 25 All other streets = 15 15 15 30 80 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 6 of 31 Zoning District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size Minimum Building/Structure Setbacks Max. Bldg. Height (ft.) Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.)Side (ft.)Rear (ft.) I-1 - 15,000 Fronti ng arteria ls = 200 All other lots = 50 Arterial = 25 All other streets = 15 10 10 30 80 MU (1st Floor) = 1 unit per 1,500 sq. ft. of gross land area 10,000 Fronti ng arteria ls = 200 All other lots = 50 Minimu m = 15 Maximu m = 25 If lot abuts a SF residenti al property = 10 All other cases = 0 If lot abuts a SF residenti al property = 10 All other cases = 0 30 - (2nd Floor or higher floors) = No minimum gross land area per unit PF - 10,000 Fronti ng Arteria ls = 200 All other lots = 50 Arterial = 25 All other streets = 15 15 15 30 80 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 7 of 31 § 3.3 INDIVIDUAL ZONING DISTRICTS List of Districts & Specific Purposes. A. Residential Zoning Districts 1. RE Rural Estate Zoning District. a. Purpose. This district is established to permit relatively low-density single-family residential development in areas of Estes Park where this is the predominant land-use pattern. New residential development is encouraged to incorporate rural residential conservation designs, such as clustering and other open-space preservation techniques, to preserve the existing rural character and limit development in sensitive environmental areas, such as steep-sloped areas. b. Dimensional Standards. Refer to Table 3.3 and Graphic 3.1 below. Table 3.3 Graphic 3.1 ZONING DISTRICT RE (A)2.5 Acre (B)200 ft (C)30 ft (D)50 ft (E)50 ft (F)50 ft 2. E-1 Estate Zoning District. a. Purpose. This district is intended to support the historically lower-density single-family residential development established in Estes Park. b. Dimensional Standards. Refer to Table 3.4 below. Table 3.4 ZONING DISTRICT E-1 (A)1 Acre (B)100 ft (C)30 ft (D)25 ft (E)25 ft (F)25 ft 3. E Estate Zoning District. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 8 of 31 a. Purpose. This district is established to encourage moderate-density single-family residential uses in Estes Park, conveniently located near services and key highway corridors. District regulations are intended to maintain the predominant single-family detached use while, whenever possible, providing for additional parks, open space, and trail/bikeway linkages to Downtown Estes Park and existing systems. b. Dimensional Standards. Refer to Table 3.5 Table 3.5 ZONING DISTRICT E (A)0.25 Acre (B)60 ft (C)30 ft Minimum Front Setback (D) 25 ft- Arterials 15 ft- Other streets Minimum Side Setback (E) ft Minimum Rear Setback (F) 5 ft 4. R Single-Family Residential Zoning District. a. Purpose. This district is established to preserve and encourage relatively high-density single- family residential uses primarily within the Town of Estes Park. District regulations are intended to maintain the predominant single-family detached use while providing for additional open space and trail/bikeway linkages to Downtown Estes Park and to existing systems whenever possible. b. Dimensional Standards. Refer to Table 3.6 and Graphic 3.2. Table 3.6 Graphic 3.2 ZONING DISTRICT R (A)7,200 sq ft (B)60 ft (C)30 ft Minimum Front Setback (D) 25 ft- Arterials 15 ft- Other streets Minimum Side Setback (E) ft Minimum Rear Setback (F) 5 ft 5. R-1 Single-Family Residential Zoning District. a. Purpose. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 9 of 31 b. Dimensional Standards. Refer to Table 3.7 Table 3.7 ZONING DISTRICT R-1 (A)5,000 sq ft (B)50 ft (C)30 ft (D)15 ft (E)10 ft (F)15 ft 6. R-2 Two-Family Residential Zoning District. a. Purpose. This district is established to encourage the development of relatively denser residential housing, including two-family dwellings (duplexes) and single-family detached housing. b. Dimensional Standards. Refer to Table 3.8 and Graphic 3.3 below. Table 3.8 Graphic 3.3 ZONING DISTRICT R-2 Minimum Lot Area (A) 4,000 sq ft- Single Family 8,000 sq ft- Duplex Minimum Lot Width (B) 0 ft Maximum Building Height (C) 30 ft Minimum Front Setback (D) 25 ft- Arterials 15 ft- Other streets Minimum Side Setback (E) ft Minimum Rear Setback (F) ft 7. RM Multi-Family Residential Zoning District. a. Purpose. This district is established to provide opportunities for multi-family residential development. b. Dimensional Standards. Refer to Table 3.9 and Graphic 3.4 below. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 10 of 31 Table 3.9 Graphic 3.4 ZONING DISTRICT RM Minimum Lot Area (A) 3,600 sq ft- Single Family 0.5 Acre- Senior Institutional Living Uses Minimum Lot Width (B) 60 ft 200 ft- Lots greater than 100,000 sq ft Maximum Building Height (C) 30 ft Minimum Front Setback (D) 25 ft- Arterials 15 ft- Other streets Minimum Side Setback (E) ft Minimum Rear Setback (F) ft c. Incentives for Permanently Attainable Housing Units in the RM District: Building Height. i. Purpose. This Section is intended to create an incentive to provide attainable housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 3.9) for multi-family buildings, such as apartments and townhomes, in the RM District. ii. Eligibility. All multi-family dwelling buildings incorporating attainable housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. iii. "Attainable" Defined. For purposes of this Code and Chapter, "attainable housing units" is defined in §13.3.21 iv. Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as attainable housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in §1.8 of this Code. v. Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service. vi. Short-Term Rentals Prohibited. Attainable housing units designated in compliance with this height incentive shall not be rented, leased, or occupied for tenancies of less than thirty (30) days (see §4.3). vii. Deed Restriction Required. Attainable housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the attainability guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 11 of 31 d. Incentives for Workforce Housing Units in the RM District: Building Height. i. Purpose. This Section is intended to create an incentive to provide workforce housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 3.9) for multi-family buildings in the RM District. ii. Eligibility. All multi-family dwelling buildings incorporating workforce housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. iii. "Workforce Housing Unit" Defined. For purposes of this Section and Code, "workforce housing unit" is defined in §13.3.281. iv. Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as workforce housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in §13.1 of this Code. v. Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service. vi. Short-Term Rentals Prohibited. Workforce housing units designated in compliance with this height incentive shall not be rented, leased, or occupied for tenancies of less than thirty (30) days (see §4.3). vii. Deed Restriction Required. Workforce housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the workforce guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town. B. Accommodations Zoning Districts. 1. Accommodations/Highway Corridor Zoning District. a. Purpose. This district applies primarily in highway-oriented commercial areas of Estes Park and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars, and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses are located inside the same structure as the principal use. Stand-alone commercial or retail uses are not permitted in this accommodations district; instead, such uses may be developed in other commercial zones. b. Dimensional Standards. Refer to Table 3.10 and Graphic 3.5 below. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 12 of 31 Table 3.10 Graphic 3.5 ZONING DISTRICT A (A)40,000 sq ft (B)100 ft Maximum Building Height (C)30 ft Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G)80% Minimum Land Area per Accommodation or Residential Unit 1,800 sq ft- Accommodation Unit 9,000 sq ft- SF Residential Unit 6,750 sq ft- 2F Residential Unit 5,400 sq ft- MF Residential 2. A-1 Accommodations/Low-Intensity Zoning District. a. Purpose. This district applies primarily in highway-oriented commercial areas of Estes Park and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars, and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses are located inside the same structure as the principal use. Stand-alone commercial or retail uses are not permitted in this accommodations district; instead, such uses may be developed in other commercial zones. b. Dimensional Standards. Refer to Table 3.11. Table 3.11 ZONING DISTRICT A-1 (A)15,000 sq ft (B)50 ft (C)30 ft Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per 10,890 sq ft DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 13 of 31 C. Commercial Zoning Districts. 1. CD Commercial Downtown Zoning District. a. Purpose. This district is established to provide a wide variety of retail and commercial services of relatively high intensity within Downtown Estes Park, serving both residents and visitors. This district is intended to encourage a mix of compact and pedestrian-scale retail, service, and office uses in the Downtown core. Residential uses, especially employee housing or when mixed with commercial or retail uses, are also encouraged within the district to provide diverse housing choices for the Town’s workforce. It is the intent that Downtown continue to serve as the Town's focal point for tourism-based shopping and entertainment. This area is also a key economic engine for the Town; therefore, future sales-tax generating uses are strongly encouraged. It is also the intent of this district that new development be integrated with, and even enhance, the qualities of the streams, rivers, topography, and other natural assets of the area. b. Dimensional Standards. Refer to Table 3.12 and Graphic 3.6 below. Table 3.12 ZONING DISTRICT CD Minimum Lot Area (A) 5,000 sq ft- Accommodation Uses Minimum Lot Width (B) Maximum Building Height (C) Minimum Front Setback (D) 0 ft Minimum Side Setback (E) 0 ft Minimum Rear Setback (F) 0 ft Maximum Lot Coverage (G) Minimum Land Area per Accommodation or Residential Unit 1,800 sq ft- Accommodation Units 9,000 sq ft- SF and 2F Residential Units Dwelling units (1st Floor) = 1 unit per 2,250 square feet of gross land area Dwelling units (2nd floor or higher floors) = No minimum Graphic 3.6 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 14 of 31 c. Building height in the CD zoning district i. Purpose. This Section is intended to provide clear and transparent design guidelines for projects seeking to build above thirty (30) feet in height in the CD Zoning District through the construction of new buildings or additions to existing buildings. The section is also intended to encourage reinvestment in downtown buildings and encourage upper-story workforce housing in a walkable, mixed-use context. ii. Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are eligible to build to a maximum height of forty-two (42) feet, if consistent with the guidelines of this Section. This Section's height allowance for downtown residential projects shall not be available or applied in any zoning district other than the CD zoning district. d. Short-Term Rentals Prohibited. Housing units approved under the provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days (See §4.3). This prohibition shall be memorialized in a note on the face of any development plan approved pursuant to this Section. 2. CO Commercial Outlying Zoning District. a. Purpose. This zoning district is established to encourage the development of a wide variety of commercial and retail uses along the major corridor entryways into the Town of Estes Park. This district should accommodate most of the larger freestanding commercial and retail buildings to meet future community demand. b. Dimensional Standards. Refer to Table 3.13 Table 3.13 ZONING DISTRICT CO Minimum Lot Area (A) 40,000 sq ft- Lots fronting Arterials and Outdoor Commercial Recreation/Entertainment Minimum Lot Width (B) DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 15 of 31 Maximum Building Height (C) Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per - 3. Office Zoning District a. Purpose. This zoning district is established to support the development of office and office- related land uses within Estes Park. The intensity of future office development will be controlled through district standards. b. Dimensional Standards. Refer to Table 3.14. Table 3.14 ZONING DISTRICT O (A)15,000 sq ft Minimum Lot Width (B) 200 ft- Fronting Arterials Maximum Building Height (C) Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per Accommodation or Residential Unit Maximum Residential Units: 1 unit for every 2,250 sq. ft. of 4. CH Commercial Heavy Zoning District. a. Purpose. This zoning district is intended to provide for heavy commercial uses, including vehicle repair services, construction trades, and bulk-goods retailing. It shall be limited to areas within the Town that already contain some of these types of heavy commercial uses, and shall not include areas fronting highways or arterial streets. b. Dimensional Standards. Refer to Table 3.15. Table 3.15 ZONING DISTRICT CH (A)6,000 sq ft DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 16 of 31 Minimum Lot Width (B) Maximum Building Height (C) Minimum Front Setback (D) Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per - D. Industrial Zoning District . 1. I-1 Restricted Industrial Zoning District. a. Purpose. This zoning district allows higher-impact industrial uses within the town. Permitted uses shall include a relatively wide variety of industrial uses, as reflected in the existing mix of industrial land uses. An important element of development in this industrial zone district shall be compliance with operational standards to protect adjacent uses from the adverse impacts of industrial development. Refer to §6.9 for operational standards. b. Dimensional Standards. Refer to Table 3.16 and Graphic 3.7 below. Table 3.16 ZONING DISTRICT I-1 (A)15,000 sq ft Minimum Lot Width (B) 200 ft- Fronting Arterials Maximum Building Height (C) Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per - Graphic 3.7 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 17 of 31 E. Mixed-Use Zoning District . 1. MU Mixed-Use Zoning District. a. Purpose. The district is intended to accommodate medium- to higher-density vertical and horizontal mixed-use development that integrates residential, commercial, and complementary civic or employment uses, generally located along major thoroughfares and key corridors. Permitted uses shall include a mix of residential and non-residential uses designed to increase business activity, support housing opportunities, and foster a more complete, walkable environment. Development within this district shall emphasize pedestrian-oriented design, with buildings oriented toward streets and featuring clearly defined, pedestrian-scale entrances. Parking areas should be minimized and, where feasible, located to the side or rear of buildings and divided into multiple areas to reduce visual impacts. An important element of development in this zoning district is encouraging enhanced multimodal connectivity, high-quality ground-level architectural design, and landscaping that contributes positively to the Town's overall character. b. Dimensional Standards. Refer to Table 3.17 and Graphic 3.8 below. Table 3.17 ZONING DISTRICT MU (A)10,000 sq ft Minimum Lot Width (B) 200 ft- Fronting Arterials Maximum Building Height (C) 30 ft 42 ft- Height Bonus for Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per Accommodation or Residential Unit Dwelling units (1st Floor) = 1 unit per 1,500 sq. ft. of gross land DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 18 of 31 Dwelling units (2nd Floor or higher floors) = No minimum Graphic 3.8 c. Number of Principal Uses Permitted Per Lot or Development Parcel. i. Maximum Number of Principal Uses Permitted. a) In the MU (Mixed-Use) district, any combination of uses permitted in the district may be established together on the same lot or parcel. ii. Permitted Mix of Uses. More than one principal use on a lot is allowed. The following combinations are permitted: a) Multiple Commercial or Industrial Uses. Two or more commercial, retail, or industrial uses allowed in the zone district may be located together on the same lot or within the same structure. b) Residential and Commercial Uses Combined. Residential and commercial/retail uses allowed in the zone district may be located together on the same lot or within the same structure. For example, a building in the CD (Downtown Commercial) district may have a restaurant on the ground floor and apartments on the second floor. When both uses are present, residential use cannot be located on the ground floor. c) Vertical Mixed-Use. Uses may be stacked on different floors of the same building — for example, retail or lodging on the ground floor with residential above. This arrangement is encouraged along pedestrian-facing street frontages. d) Horizontal Mixed-Use. Uses may be placed side by side in separate buildings or separate portions of the same building on the same lot. These developments should share access, parking, and site infrastructure where feasible. iii. All uses in a mixed-use development must individually meet the applicable standards of this Code and all other applicable ordinances, unless expressly provided herein, including provisions governing shared parking or other circumstances where combined or cooperative compliance is permitted. DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 19 of 31 F. Attainable/workforce housing density bonus 1. Purpose. This Section is intended to create an incentive to provide a variety of attainable and workforce housing for persons living and/or working in the Estes Valley. 2. Eligibility. All residential subdivisions and developments in the Mixed-Use zoning district are eligible for the attainable or workforce housing density bonus set forth in this Section. This Section's density bonus for attainable or workforce housing shall not be available and shall not be applied in any zoning district except the RM (Multi-Family Residential) zoning district and the Mixed-Use zoning district. 3. Workforce Housing. Housing units shall be eligible for the Maximum Permitted Density Bonus if at least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map. 4. Maximum Permitted Density Bonus. Subject to the standards and review criteria set forth in this Section and Chapter, attainable or workforce housing units are eligible for a density bonus of up to two (2) times (two hundred percent [200%]) of the base Max. Net Density standard set forth in the Estes Park Development Code. 5. Public Sewers and Water Required. All developments containing attainable or workforce housing units approved under the provisions of this Section shall be served by public central sewer service and public water service. 6. Short-Term Rentals Prohibited. Attainable or workforce housing units approved under the provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days (see §4.3). 7. Deed Restriction or Restrictive Covenant and Agreement Required. Attainable or workforce housing units developed pursuant to this Section shall use one of the two mechanisms below to assure the availability of the units for sale or rent to persons meeting the income or workforce guidelines and definition set forth. The Community Development Director shall determine which one of the two mechanisms below is applicable: 8. Deed Restriction. Attainable or workforce housing units shall be deed restricted. The deed restriction shall be for a time period of no less than fifty (50) years. The deed restriction governing the units shall be approved by the Town Attorney. 9. Restrictive Covenant and Agreement. A Restrictive Covenant and Agreement shall be executed by the property owner and the Town. The Restrictive Covenant and Agreement shall be for a time period of no less than fifty (50) years, shall run with the land, and shall be binding on the owner and all subsequent owners and successors. The Restrictive Covenant and Agreement shall be in a form acceptable to the Town Attorney. Upon approval by the Town Attorney, the Restrictive Covenant and Agreement shall be subject to review by the decision-making body with the associated preliminary subdivision, or, if no subdivision approval is required, with the associated development plan. The Restrictive Covenant and Agreement shall be properly executed and recorded. F. Public Facilities and Open Space Zoning Districts. 1. Public Facilities Zoning District a. Purpose. This zoning district allows public and quasi-public uses that serve the civic, institutional, and recreational needs of the town. Permitted uses shall include government buildings, schools and other institutional uses, and parks and recreation facilities, as reflected in the community's need for public services and open space. An important element of development in this district shall be DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 20 of 31 compatibility with surrounding uses through appropriate site design, landscaping, and buffering standards. Refer to §6.9 for operational standards. b. Dimensional Standards. Refer to Table 3.18 and Graphic 3.9 below. Table 3.18 ZONING DISTRICT PF (A)10,000 sq ft Minimum Lot Width (B) 200 ft- Fronting Arterials Maximum Building Height (C) Minimum Front Setback (D) 25 ft- Arterial Minimum Side Setback (E) Minimum Rear Setback (F) Maximum Lot Coverage (G) Minimum Land Area per - Graphic 3.9 2. OS Open Space and Natural Areas Zoning District. a. Purpose. The district is intended to preserve natural landscapes, scenic viewsheds, wildlife habitat, and environmentally sensitive areas while providing passive and active recreational opportunities for residents and visitors. Permitted uses shall primarily include public parks, trails, open space preserves, playgrounds, public water-use facilities, and environmental education facilities. New buildings and structures, if permitted, shall be accessory to park and open space uses and limited to those that support recreation, park operations, environmental stewardship, or low-impact agriculture, including restrooms, trailheads, picnic shelters, play equipment, signage, concessions, and maintenance facilities. b. Dimensional Standards. Refer to Table 3.19 Table 3.19 DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 21 of 31 ZONING DISTRICT OS (A)- (B)- (C)20 ft (D)0 ft (E)0 ft (F)0 ft (G)10 Minimum Land Area per - c. Development Standards. i. The standards above represent base requirements for the OS district. These standards do not guarantee that the maximum allowable building height, lot coverage, or impervious surface may be achieved on any site. ii. Structures within the OS district shall be limited to those accessory to park, recreation, conservation, or public use, including restrooms, pavilions, and trailheads. iii. Natural Open Space Preserve areas shall prioritize conservation of topography, wildlife habitat, riparian corridors, and scenic views. Development shall be limited to trails, interpretive features, and minimal infrastructure necessary for public access and safety. (See Chapter 6, Natural Resources Protection, §6.5) iv. Parking areas within the OS district shall be limited to the minimum necessary to serve the intended use and shall incorporate landscape buffering and low-impact development techniques to reduce stormwater runoff. (See Chapter 6, Landscaping, Buffering, and Tree Protection, §6.3) § 3.4 ADDITIONAL ZONING DISTRICT STANDARDS A. Pedestrian Amenities and Linkage Requirements. 1. Provision shall be made for pedestrian amenities and linkages in all zoning districts, including but not limited to sidewalks, pathways, and bikeways. 2. To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the decision-maker determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas, or other significant natural areas. 3. Sidewalks shall be provided as set forth in §9.5.D, "Sidewalks, Pedestrian Connections and Trails. 4. Provision shall be made for pedestrian amenities and linkages in the nonresidential zoning districts as shown in Table 3.20 below: DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 22 of 31 Table 3.20 Pedestrian Amenities and Linkage Requirements To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian, bikeway, or trail systems on adjoining properties, unless the Estes Park Planning Commission determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas, or other significant natural PROVISION OF PEDESTRIAN AMENITIES—GENERAL design of all developments for nonvehicular circulation systems, including but not limited to SIDEWALKS sidewalks shall be provided to provide public access and connection to adjacent properties. The minimum width of the sidewalk shall be 8 feet. The location of the sidewalk on a property will be determined on a case-by-case basis to account for, among other things, unique natural features and existing sidewalk location on adjoining properties; accordingly, in some instances, the sidewalk may be located outside of an existing right- be provided along the full length of a building facade that features a DRA F T Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 23 of 31 shall be designed to be visually attractive and distinguishable from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, brick, or scored concrete to enhance D. Operational Requirements. Provision shall be made for vehicular access and circulation in nonresidential zoning districts as set forth in §6.10.N. E. Vehicular Access and Circulation Requirements. Provision shall be made for vehicular access and circulation in nonresidential zoning districts as set forth in section §6.10.I. § 3.4 SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS A. Floodplain Overlay Zoning Districts. 1. Properties Located in the Town of Estes Park. All properties subject to the jurisdiction of the Town of Estes Park shall be subject to the floodplain regulations set forth in the Town of Estes Park Municipal Code, Chapter 17.28, "Floodplain Regulations." B. Stanley Historic Overlay District. 1. All development in the Stanley Historic Overlay District shall comply with the Stanley Historic District Procedures and Standards for Development, set forth in Chapter 17.44 of the Town of Estes Park Municipal Code, as amended from time to time. § 3.5 COMPLIANCE WITH DISTRICT STANDARDS A. Compliance Required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed in use except in accordance with all of the regulations established by this Code for the zoning district in which the land, building, or structure is located. B. Use Tables—Permitted Uses. Use Table 3.21 (below) sets forth the use classifications and specific uses permitted within the relevant zoning districts. 1. Permitted By-Right Uses (P). Permitted Uses are those uses allowed by-right in the zoning district and further the purpose of the zoning district. Permitted by-right uses are subject to all other applicable regulations of this Code, including the General Development Standards set forth in Chapter 6. 2. Conditional Uses (C). Conditional Uses are those that may be consistent with the purpose of the zoning district, but may have more impact on surrounding properties and the community than the Permitted Uses. Conditional Uses are reviewed in accordance with the procedures in §2.11 Conditional Use Review. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 24 of 31 3. Special Uses (S). Special Uses are those that may be consistent with the purpose of the zoning district but have greater impacts to surrounding properties and the community than Permitted or Conditional Uses. Special Review Uses are reviewed in accordance with procedures in §2.12 Special Use Review. 4. Uses Prohibited (-). A "—" in a cell indicates that a use classification is prohibited in the respective zoning district. 5. Unlisted Uses. If a proposed use is not specifically listed in Table 3.21, the Community Development Director shall determine whether the use is prohibited or not prohibited. This determination shall be based upon the similarity in nature and character to one or more uses that are listed in Table 3.21. a. In making this determination, the Community Development Director may consider whether the use has similar visual, traffic, environmental, parking, employment, and other impacts as an expressly listed use. b. The Community Development Director may also refer to empirical studies or generally accepted planning or engineering sources in making this determination. 6. Use Classifications/Specific Use Types. All of the use classifications listed in Table 3.21 are described and defined in Chapter 4, §4.3 of this Code. In some cases, specific uses are listed in the table's second column. Use classifications are intended to be mutually exclusive. This means that if a specific use is listed in the table, that specific use is only allowed in the zoning districts indicated for it, even if a broader use category might otherwise apply in other districts. C. Uses Not Listed as Permitted. Uses not specifically listed as permitted by- right, conditional, or by special use in a specific zoning district, as depicted in Use Table 3.21, are prohibited unless such use is subsequently permitted pursuant to the use classification procedure set forth in §4.2 of this Code, or the amendment procedure set forth in §2.5 of this Code. § 3.6 PERMISSIBLE USE TABLE Table 3.21 Permitted Uses: Zoning Districts RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Household Living Detached single- family P P P P P P P - - - - - - - - - - Duplex - C C C P P P - - P - - - - P - - Triplex - - C C P P P - - P - - - - P - - Townhomes - - S S P P P P P P - - - - P - - Cottage courts - - S S P P P P P P - - - - - - - Multi-family dwellings (Apartments and Condominiums) - - - - - - P P P S - - - - P - - home park and Mobile home - - - - - - S - - - S - - - - S - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 25 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Dormitory - - - - - - C C C - C - - - - - - Tiny Homes - - - - - - - - - - S - - - - S - Group Living Facility, Large - - - - - S C S S S C - - - - - - Group Living Facility, Small P P P P P P P C C C C - - - - - - RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 M-1 PF OS Civic, Social, or Fraternal Membership Clubs, Lodges, or Associations - - - - - - - P C C P - - - - - - Cultural Institutions - - - - - - - P C P P P - - P - - Day Care Center (Childcare) S S S S S S S P S S P P P P P - - Family Home Day Care, Small - - - - C C C C S S - - - - - - - Family Home Day Care, Large - - - - - - - C S S - - - - - - - Government Facilities Public safety facilities P P P P P P P P P P P P P P P P C Utility, Major - - - - - - - - - - S - S S - P - Utility, Minor P P P P P P P P P P P P P P P P - All other government facilities P P P P P P P P P P P P P P P P - Event Facility - - - - - - - S S S P - - - - - - Government Offices - - - - - - - P P P P P P P P P - Maintenance and Service - - - - - - - - - - - - C P - P - Park and Ride Facilities - - - - - - - P P C P P P P P P - Schools, Non-Public - - - - - - - S - S S S S S S P - Transportation Facility Without Repairs - - - - - - - - - P P P - - - S - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 26 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Senior Institutional Living Continuing care retirement - - - S S S S S - - - - - - - - - Congregate housing - - - S S S S S - - - - - - - - - Skilled nursing facility - - - - - - S S - - - - - - - - - Urgent Health Care - - - - - - - - - C P P P - P P - Emergency Health Care - - - - - - - - - C P C C - - P - Hospital - - - - - - S - - - S S S - - P - Religious Assembly P P P P P P P P P P P P P P P P - Vocational Training Facility - - - - - - - - - - S S S - - P - Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 M-1 PF OS Breakfast Inn: 8 and under P P P P P P P P P P - - - - - - - Low-Intensity Accommodatio ns Bed and Breakfast Inn: 9 and over S S S S S S P P P P - - - - - - - Vacation Home: 8 and under occupants P P P P P P P P P P P - - - - - - 9 and over S S S S S S S S S S S - - - - - - Hotel, small - - - - - - - P P P - - - - - - - Resort lodge/cabins, low-intensity - - - - - - - P P - - - - - - - - High-intensity Accommodatio ns Hostel - - - - - - - P - P - - - - - - - Hotel/Motel - - - - - - - P P P C - - - - - - Recreational vehicle park/ campground - - - - - - - S - - - - - - - - - Resort lodge/cabins - - - - - - - P - - - - - - - - - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 27 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Workforce - - - - - - S P P - - - - - - - - Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 M-1 PF OS Adult Businesses - - - - - - - - - - C - P P - - - Animal Sales/Service Dog Kennel & Daycare Facility - - - - - - - - - - C - C C - - - - - - - - - - - - P P - - - - - - Animal hospital - - - - - - - - - - C - - P - P - - - - - - - - - - C P - C - C - - Animal shows/sales - - - - - - - - - - P - P P - - - - - - - - - - - - - P C P - - - - Artist Studio S S S S S S S P P P P P P P P - - Bank or other financial - - - - - - - - - P P P C - P - - Building Materials/Servi - - - - - - - - - - P - P P - - - Business Service Establishment - - - - - - - - - P P P P - P - - Catering Service - - - - - - - - - - P S P P - - - Commercial Laundry - - - - - - - - - - - - P P - - - Construction Storage Yard - - - - - - - - - - - - P P - - - Eating/Drinking Establishments Bar/Tavern - - - - - - - P - P P - P P P - - Brewpub - - - - - - - P - P P P P P P - - Microbrewery/ micro- distillery/ microwinery - - - - - - - P - P P P P P P - - Restaurant - - - - - - - P P P P P P P P - - - - - - - - - P - P P P P P P - - Shop/Drink - - - S S S S - - P P C - - P - - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 28 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS With outdoor seating or food service - - - - - - - P - P P P P P P - - With drive- through service - - - - - - - - - - P - S P - - - Food/Beverage Sales Convenience stores - - - - - - - - - P P - P - C - - store with fuel - - - - - - - - - - P - S S - - - Convenience store with outdoor seating or food service - - - - - - - - - P P - P P - - - Grocery store - - - - - - - - - S P - S - C - - Liquor store - - - - - - - - - P P - - - C - - All other - - - S S S S - - P P C C - C - - Funeral Services - - - - - - - - - - P - P P - S - Crematory Services - - - - - - - - - - S - S S - S - Laboratory - - - - - - - - - P P P P P - - - Maintenance/ Repair Service - - - - - - - - - - P - P P - - - Office - - - - - - - - - P P P - - - - - Outdoor Sales - - - - - - - - - - S - P P - - - Personal Services - - - - - - - P - P P P P P - - - Plant Nurseries - - - - - - - - - - P - P P - - S Retail Establishments Retail establishments, large - - - - - - - - - P P - P P C - - Natural Medicine retail - - - - - - - - - C C - C C - - All other retail - - - - - - - - - P P - P P C - - Sightseeing/ Tour Vehicle - - - - - - - S - S S - - - - - - Vehicle Services, Limited Car wash (Single-lane) - - - - - - - - - - P - P P - - - Car wash (Full service) - - - - - - - - - - C - C C - - - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 29 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Quick lubrication - - - - - - - - - - P - P P - - - Gas station/ Fueling station - - - - - - - - - - P - P P - - - Vehicle/ Equipment Sales & Services Automobile rentals - - - - - - - S - - S - S - - - - Commercial parking facility - - - - - - - - - P P P - - - - - equipment - - - - - - - - - - P - P P - - - Vehicle/equipm ent repair - - - - - - - - - - P - P P - - - Vehicle/ equipment sales and rentals - - - - - - - - - - S - S S - - - Vehicle storage - - - - - - - - - - C - P S - - - Wireless Communication Facilities Base Stations, Alternative Tower Structures, Alternative Tower Structures within right-of- P P P P P P P P P P P P P P P P P All other towers S S S S S S S S S S S S S S S S S Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 M-1 PF OS Commercial Recreation or Entertainment Establishments, Indoor Limited - - - - - - - - - P P - - - - - - All other - - - - - - - - - P - - P P - - - Commercial Recreation or Entertainment Establishments, Outdoor Amusement Parks - - - - - - - - - - S - - - - - - Miniature Golf - - - - - - - - - - S - - - - - - academies, livery stables, roping or equestrian S - - - - - - S - - S - - - - - - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 30 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Artisan/Craft Production - - - - - - - C C P P C P P C - - Light Craft Manufacturing - - - - - - - C C P P C P P C - - Maker Space - - - - - - - C C P P C P P C - - All other - - - - - - - - - - S - - - - - - Entertainment Event, Major Indoor Facility - - - - - - - S - S S - - - - - - Outdoor Facility - - - - - - - - - - S - - - - - - Private- Membership Recreational Facility or Club - - - - - - - P - - P - - - - - - Golf Course S S S - - - - - - - - - - - - - S Park and Recreation - - - - - - C C C C P P P - P P - Park and Recreation Facilities- - - - - - - S S S S S S S - - P - Parks P P P P P P P P P P P P P P P P C Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 M-1 PF OS Industry Brewery/Distille ry/Winery - - - - - - - - - - C - C P S - - Custom - - - - - - - - - - - - P P - - - General - - - - - - - - - - - - - P - - - - - - - - - - - - - - - - P - - - Limited - - - - - - - - - - - - S C - - - Research and Development - - - - - - - - - - P P P P - - - Gravel Mining - - - - - - - - - - - - - P - - - Recycling Facility - - - - - - - - - - - - S P - - - Warehousing and Storage Bulk Storage - - - - - - - - - - - - - P - - - General - - - - - - - - - - - - - P - - - Mini storage - - - - - - - - - - P - P P - - - Limited - - - - - - - - - - S - S P - - - Small scale - - - - - - - - - - S - P P - - - DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 31 of 31 Use Classification RE E-1 E R R-1 R-2 RM A A-1 CD CO O CH I-1 MU PF OS Wholesale Sales and Distribution All other wholesale sales/ distribution - - - - - - - - - - - - S P - - - DRA F T Estes Park, Colorado, Development Code CHAPTER 4. USE REGULATIONS Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 1 of 45 CHAPTER 4. USE REGULATIONS § 4.1 LAND USE CATEGORIES A.Categorization. Uses are assigned to the category whose description most closely describes the nature of the primary use. The "Characteristics" subsection of each use category describes its attributes. Parcels in certain zone districts may have more than one primary use. Parcels in all zone districts may have one or more accessory uses. It is the intent of this Chapter to group similar or compatible land uses into specific land use categories. All Land Uses shall fall into one of the following categories: 1.Residential Uses 2.Institutional, Civic, and Public Uses 3.Accommodation Uses 4.Commercial and Retail Uses 5.Recreational Use 6.Industrial Use B.Interpretation. When a use’s category is not clearly identifiable, the Department is the Decision-making body to determine the applicable use category, and the Town Board can be approached for an appeal. Refer to §4.2 below for the criteria to consider to determine what use category a proposed use is in, and whether the activities constitute primary uses or accessory uses C.Additional Resources for the Interpretation of Land Uses. If the use cannot be located within one of the categories provided by this Section, the Department may, at their sole discretion, refer to appropriate outside sources, such as the Land-Based Classification Standards (LBCS) of the American Planning Association or the North American Industry Classification System (NAICS); however, the Town is not obligated to consider these sources and is not liable for any damages resulting from such use, or resulting from future amendments to the LBCS or NAICS. D.Developments with multiple primary uses. When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. For example, a development that contains a retail bakery and a cafe would be classified in the Retail category because all the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the applicable regulations for that category. Refer to §3.4.7 for the number of principal uses permitted per lot or development parcel. E.Accessory Uses. Accessory uses are allowed by right in conjunction with the use, unless otherwise stated in the code. Also, unless otherwise stated, they are subject to the same regulations as the primary use. Typical accessory uses are listed as examples with the categories. F.Use of examples. Within the definitions for each use category, there are examples. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a business named "The Candy Clinic" that sells candy to consumers would be included in DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 2 of 45 the Retail Sales category rather than the Personal Services category. This is because the site's actual activity matches the description of the Retail Sales category. § 4.2 USE CLASSIFICATION REQUESTS A. Purpose and Applicability. 1. The use classifications set forth in Chapter 3, "Zoning Districts," and defined in Chapter 13, "Definitions," describe one (1) or more uses having similar characteristics, but do not list every use or activity that may appropriately fall within the classification. This Section shall apply to determine all questions or disputes whether a specific use is deemed to be within a use classification permitted in a zoning district. 2. The provisions of this Section shall not apply to permit any specific use that is expressly prohibited in a zoning district. 3. If, pursuant to this Section, a specific use cannot be clearly determined to be in a use classification permitted in the applicable zoning district, such use may be incorporated into the zoning regulations by a Code Amendment, as provided in §2.5. B. Procedures for Use Classification Request. The procedure for an application to determine a use classification shall be as follows: 1. Step 1: Pre-Application Conference. A pre-application conference is voluntary for use classification requests. 2. Step 2: Department Review and Action. The Department shall: (a) review the application according to the standards set forth in this Section; (b) consult with other Department, as necessary; and (c) make a final determination as to whether the subject use shall be deemed to be within a use classification set forth in this Code and whether such use should be allowed in the applicable zoning district. 3. Appeals. Appeals from the Department's determination on a use classification request shall be made to the Board in accordance with §2.4. 4. Form of Determination. All final determinations by the Department or the Board shall be provided to the Applicant in writing and shall be filed on record as per the Department’s requirement. C. Standards for Review. The following considerations shall be used to determine what classification a use is in and whether it is appropriate to allow such use as a principal use in the applicable zoning district: 1. The actual or projected characteristics of the subject use compared to the stated characteristics of each use classification allowed in the zoning district (see §13.2, "Use Classifications/Specific Use Definitions and Examples"); a. The relative amount of site area or floor space and equipment devoted to the use; b. Relative amounts of sales from the subject use compared to other permitted uses; c. The relative number of employees in each use; d. Hours of operation; e. Building and site arrangement; f. Vehicles used for the use; g. The number of vehicle trips generated by the use; DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 3 of 45 h. Whether the use is likely to be found independent of other uses on the site (i.e., whether the use could viably exist as a standalone operation on its own lot, without reliance on co-located uses for customers, services, or operational support); i. Any other potential impacts of the subject use relative to other specific uses included in the classification and permitted in the applicable zoning district; and j. Whether the subject use is consistent with the stated intent and purposes of this Code and the zoning district in which it is to be located. D. Official Record of Use Classification Determinations. An official record of use classification determinations shall be kept on file in the office of the Town of Estes Park Community Development Director. The record shall be available for public inspection in the Estes Park Community Development Department during normal business hours. § 4.3 SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses by land-use types in Estes Park. A. Residential Uses 1. Cottage Courts. A cottage court is a cluster of small, detached or semi-detached single-family dwelling units arranged around a shared central open space or courtyard on a single lot or development parcel, or on individually platted lots, provided the shared open space is preserved through common ownership, a recorded easement, or equivalent legal mechanism. All cottage court uses shall comply with the following standards: a. A minimum of twenty percent (20%) of the total lot area shall be designated as shared common open space, accessible to all residents of the cottage court. b. Individual cottage units shall be sited and designed to maintain a strong relationship with the shared central open space. Primary entrances are encouraged to face the courtyard, but may be oriented otherwise where the design achieves equivalent pedestrian connectivity and visual engagement with the shared open space. c. Individual units shall not exceed the maximum square footage established in the applicable zone district (see Chapter 3- Table 3.2 and Table 3.3). d. Shared utility connections, stormwater management, and access shall be coordinated through a single Development Plan, applicable to the entire parcel, in accordance with §2.6. e. Where units are to be individually sold or conveyed, a condominium plat, in accordance with §2.6, shall be submitted. Each unit shall be served by individual utility meters for water, sewer, gas, and electric services, if applicable. 2. Duplex. A duplex is a structure containing two (2) residential dwelling units on a single lot, either stacked vertically or placed side by side, each with its own entrance. All duplex uses shall comply with the following standards: a. Both units shall be located on a single lot and shall be served by the same utility connections or individually metered connections as permitted by the applicable utility provider. b. Each unit shall have a separate, direct entrance accessible from the exterior or from a shared interior hallway, without passage through another dwelling unit. c. Building design shall be compatible in scale and character with the surrounding neighborhood. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 4 of 45 d. Accessory dwelling units (ADUs) shall not be permitted in addition to a duplex unless expressly authorized in the applicable zone district. 3. Mobile Home Park. All mobile home parks shall be subject to compliance with the regulations governing mobile home parks in §4.8 of this Code. 4. Townhomes. A townhome is a single-family dwelling unit that shares one (1) or more common walls with adjacent units, typically arranged in a row, where each unit has its own ground-level entrance. All townhome uses shall comply with the following standards: a. Each townhome unit shall be located on its own fee-simple lot or on a lot within a condominium or common-interest community, and shall have a separate, direct ground-level entrance. b. Building design shall be compatible in scale and character with the surrounding neighborhood. c. Common open space shall be provided where required by the applicable zone district or subdivision standards. d. Townhome developments of three (3) or more units shall be subject to Development Plan approval in accordance with §2.6. The Development Plan shall provide a unified landscaping and site design applicable to the development as a whole, and may be waived by the reviewing body where the development contains no common areas, shared amenities, or shared infrastructure. 5. Triplex. A triplex is a structure containing three (3) residential dwelling units on a single lot. All triplex uses shall comply with the following standards: a. All three (3) units shall be located within a single structure on a single lot and shall share or have individually metered utility connections. b. Each unit shall have a separate, direct entrance accessible without passage through another dwelling unit. c. A minimum of one (1) off-street parking space shall be provided per dwelling unit. d. Building design shall be compatible in scale and character with the surrounding neighborhood. B. Institutional, Civic, and Public Uses 1. Cultural Institutions. Cultural Institutions in residential districts shall be restricted to museums, libraries, and art galleries, as defined herein. Museums, libraries, and art galleries may be permitted with a special review approval on sites that meet one or more of the following requirements: a. The site and/or structure is identified with a person or entity who significantly contributed to the development, cultural, artistic, social, ethnic, economic, political, technological, or institutional heritage of Estes Park. b. The site and/or structure portrays one or more historic eras characterized by a distinctive design style. c. The site and/or structure embodies elements of design, detail, materials, or craftsmanship that have been formally recognized through listing on the National Register of Historic Places, the Colorado State Register of Historic Properties, or a locally adopted historic resource survey. 2. Day Care Centers and Large Family Home Day Care. Day care centers and large family home day care shall be subject to the following standards: a. Lot Area. No minimum lot area shall be required for day care centers in residential zoning districts beyond that established for the underlying zoning district, provided the site can accommodate required parking, outdoor play areas, and safe drop-off and pick-up circulation. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 5 of 45 b. Operational Compatibility. In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions related to location, configuration, and operational aspects of the center or home to ensure that the use is compatible with surrounding uses. This includes, but is not limited to, hours of operation, noise, lighting, and parking. c. Design. Day care centers and large family home day care shall be designed to be compatible with the surrounding neighborhood in terms of building mass, scale, and materials. In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions on the site design and structures to ensure compatibility with the character of the surrounding neighborhood in terms of building mass, scale, and design. d. Large family day care homes shall have direct access to a paved public street. e. Day care centers in the E, E-1, and RE residential zoning districts shall be adjacent to an arterial street. 3. Emergency Health Care. In the CD zoning district, the emergency health care service must be small-scale (not exceeding seven thousand five hundred [7,500] square feet). The applicant shall demonstrate that dedicated emergency vehicle access can be provided without interference to adjacent streets or surrounding uses, and shall submit an operational plan addressing vehicle routing, nighttime noise and lighting mitigation, and medical waste disposal. 4. Urgent Care. Urgent care facilities shall not exceed 5,000 square feet and shall be permitted in the applicable zoning districts as mentioned in §3.6, subject to the following standards: operations shall be limited to the hours of [7:00 a.m.] to [10:00 p.m.] unless otherwise approved; all parking and drop-off shall be accommodated on-site without street queuing; and facilities routinely receiving patients by ambulance or emergency response vehicle shall be reclassified as an emergency health care facility. 5. Group Living Facilities, Small; Group Living Facilities, Large; Senior Institutional Living Uses. All the above- listed uses shall be subject to the following standards: a. The number of residents occupying a facility at any one (1) time, including Department and family of Department, shall not exceed one (1) person per two hundred (200) square feet of living space. b. All structures shall be compatible in terms of building mass, scale, and design with the character of the surrounding neighborhood. c. Such use proposed to be sited in an existing structure and proposed to house more than five (5) clients or persons shall, to the maximum extent feasible, meet the requirements set forth in the current applicable Building and Fire Codes. d. Standards for All Senior Institutional Living Uses and Large Group Living Facilities. If active and continuous operations are not carried on for a period of twelve (12) consecutive months in a facility that was approved pursuant to this Code, the use shall be considered to be abandoned. As applicable, the use may be reinstated only after obtaining a new special review approval. 6. Caretaker Quarters. A single-family dwelling unit, located on the same lot as the religious assembly use and occupied by the facility's pastor, minister, rabbi, or similar leader, may be permitted as an accessory use to the facility. See §4.5.C.2 for additional regulations applicable to accessory caretaker quarters use. 7. Schools and Day Care Centers as Accessory Uses. Accessory schools and day care centers must comply with the specific use standards in §4.3.B.2. C. Accommodation Uses 1. Bed and Breakfast Inn. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 6 of 45 a. Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission and compliance, and a valid current business license shall be necessary elements in order for operation as a bed and breakfast inn to occur. b. Residential Character. i. Bed and breakfast inns shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following: ii. Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. iii. Guest rooms shall be integrated within the bed and breakfast inn. c. Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. d. Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. e. No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. f. Vehicular traffic and noise levels shall not be out of character with residential use. 2. Large Bed and Breakfast Inns. A residential structure with four (4) or more sleeping rooms may be permitted only by special review in accordance with the S2 procedure. The maximum occupancy in a nine- and-over occupant bed and breakfast inn shall be as specified in the special review approval granted by the Town Board; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and breakfast inn. Zoning approval of a large bed and breakfast inn does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to Chapter 5.20 of the Municipal Code in order to operate the property as a bed and breakfast inn. 3. Dormitory Housing. Dormitory housing is a residential facility that provides sleeping rooms or units with shared common areas, kitchens, bathrooms, and dining facilities, typically serving employees, seasonal workers, or other organized groups. Dormitory housing may be developed as a new land use or through the adaptive reuse of former accommodation and lodging facilities. All Dormitory Housing uses shall comply with the following standards: a. All sleeping rooms and sanitary facilities shall meet the minimum standards of the International Building Code and applicable Colorado housing statutes, as adopted and amended by the Town. b. Common areas, including at a minimum a full kitchen and a social or lounge space shall be provided for all residents. c. Dormitory housing shall not be used as a short-term rental or transient lodging facility, and occupancy shall be limited to occupants with a minimum stay of seven (7) consecutive days. d. In cases where dormitory housing is created through the adaptive reuse of a structure, the following standards shall also apply: i. Conversion of an existing structure to dormitory housing shall require, at a minimum, administrative development review. A full Development Plan shall be required where DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 7 of 45 the conversion involves exterior site modifications, changes to parking or access, or where the reviewing authority determines that neighborhood compatibility warrants additional review. Where no site modifications are proposed, and all applicable standards can be demonstrated through building permit submittals, the reviewing authority may authorize conversion through building permit review alone. ii. A site and building assessment prepared by a licensed architect or engineer shall be submitted with any application for conversion, demonstrating that the existing structure can meet applicable life safety, building code, and accessibility standards for the proposed residential occupancy. iii. Each sleeping room converted from a former motel or hotel guest room may be occupied by no more than two (2) residents, unless the room meets minimum square footage standards for additional occupants under the applicable building code. iv. Shared laundry facilities shall be provided on site at a ratio of not less than one (1) washer and one (1) dryer per twenty (20) residents. v. The exterior character and signage of the converted structure shall be updated to reflect its residential use. Former motel signage, drive-through canopies serving transient guests, and similar features shall be removed or modified to be compatible with the residential use. vi. A property management plan shall be submitted and approved as part of any development review, addressing occupancy management, maintenance, noise, parking, and community relations. 4. Hotels. All hotel uses shall be subject to the following standards: a. Up to fifteen percent (15%) of the gross floor area of a hotel may be in nonliving-quarter accessory uses, including management/employee offices, meeting rooms, banquet halls, retail services such as newsstands and gift shops, and similar accessory uses, provided that any incidental business is conducted primarily as a service to guests, and there is no entrance to such places of business except from inside the building. b. In zoning districts where eating and drinking establishments are not permitted as a principal use, up to an additional twenty-five percent (25%) of the gross floor area of a hotel may be devoted to eating and drinking establishments as an accessory use. 5. Primitive Campground. A primitive campground is a campground providing limited or no developed facilities, where individual campsites may not be individually designated and do not include individual utility hookups. All primitive campground uses shall comply with the following standards, as well as applicable Colorado Department of Public Health and Environment (CDPHE) campground regulations, 6 CCR 1010-9: a. Centrally located vault toilets or equivalent sanitary facilities shall be provided at a minimum ratio of one (1) per twenty-five (25) campsites or as required by CDPHE standards. Potable water shall be provided by a hand pump, water spigot, or clearly marked potable water source, or campers shall be notified in writing that no potable water is available. b. Solid waste receptacles shall be provided and emptied no less than once per week during the campground operating season. Refuse shall be disposed of at a lawful disposal site. c. Individual campsites shall be located and spaced to provide adequate separation for fire safety and to minimize impacts to vegetation and natural resources. d. The maximum length of stay per campsite shall not exceed fourteen (14) consecutive days. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 8 of 45 e. Campfires shall be limited to designated fire pits or rings. All fire facilities shall be located, constructed, and maintained to minimize fire hazard, consistent with applicable county and state fire regulations. f. All primitive campgrounds shall comply with the applicable Town’s land use, access, and environmental review requirements. 6. Resort Lodge/Cabins. A guest room or unit contained in a resort lodge/cabin accommodations use may contain full kitchen facilities instead of the otherwise required "limited kitchen facilities" (see definition of "guest room" in §13.3), provided that the following conditions are satisfied: a. A resort lodge/cabin use shall consist of a minimum of two (2) freestanding, detached cabin structures. A single detached cabin shall not qualify as a resort lodge/cabin use under this section. b. The guest room/unit is contained in a freestanding, detached "cabin" structure, and such structure contains no more than four (4) such guest rooms/units. c. For purposes of permitted density/intensity calculations, all guest rooms/units with full kitchen facilities shall comply with a minimum five-thousand-four-hundred-square-foot land area per unit requirement, in lieu of the one-thousand-eight-hundred-square-foot requirement for accommodations units set forth in Table 4.1 of this Code. d. All cabin structures and associated guest rooms or units comprising a resort lodge/cabin use shall be: i. Located on the same parcel or contiguous parcels under common ownership; ii. Held in common ownership and shall not be subdivided or individually conveyed; iii. Operated under a single, unified management entity. 7. Vacation Home. a. Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement for a property's use as a vacation home, nor shall absence of an operating registration for a vacation home constitute removal or abrogation of a property's zoning permissibility for use as a vacation home. However, both appropriate zoning permission and compliance, and a valid current business license shall be necessary elements in order for operation as a vacation home to occur. b. Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. Design shall be compatible, in terms of building scale, mass, and character, with low-intensity, low-scale residential use. c. Except as specifically provided for elsewhere in this Code, general development standards (Chapter 6) as required by the underlying zoning district shall be applicable to vacation homes. For structures that, in the absence of vacation home registration, would be classified in § 13.3 as single-family detached dwellings, development standards shall be those for single-family detached dwellings. For all other structures, development standards shall be those for "hotel, small." 8. Large Vacation Home Review (LVHR) for Nine-and-Over Vacation Homes in Residential Zoning Districts. a. The owner of record of a vacation home in a residential zoning district that has filed a complete application for an eight-and-under vacation home operating registration on or before March 31, 2017, may make application for large vacation home review (LVHR) under the procedures of this Section and Code to allow nine (9) or more individuals to occupy the vacation home, provided that: i. The vacation home for which a large vacation home review application is made has four (4) or more sleeping rooms as of March 31, 2017; and DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 9 of 45 ii. The vacation home is in compliance with all applicable Building, Health, and Fire Codes, or is brought into compliance with said Codes by the deadline dates as specified in accordance with the Codes. iii. The large vacation home review application shall be reviewed and may be approved by motion and affirmative vote of the Planning Commission. The Planning Commission's decision shall be final, except that an appeal by a party in interest of the Planning Commission's decision may be made to the Town of Estes Park Board of Trustees. b. Large vacation home review for a nine-and-over vacation home shall comply with the following policies and procedures: i. The procedure for application, review, and approval shall comply with the "Procedure Checklist for Large Vacation Home Review: Nine-and-Over Vacation Homes," enforced and maintained by the Community Development Department; ii. The required "Vacation Home Safety Inspection Report" and "Vacation Home Location Inspection Report" shall be provided to the Planning Commission prior to any Planning Commission approval of a large vacation home review; iii. The minimum lot size for a nine-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a lot size of less than one (1) acre is commensurate with large vacation home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the large vacation home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; iv. The minimum front, side, and rear setback from any lot boundary shall be twenty-five (25) feet or the setback under the zoning district, whichever is greater, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a setback of less than twenty-five (25) feet or less than the setback under the zoning district, whichever may be applicable, is commensurate with large vacation home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the large vacation home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; v. An approved large vacation home shall in no case be occupied by more than two (2) occupants per bedroom plus two (2) additional occupants. c. Denial of a large vacation home review zoning permission for use as a nine-and-over vacation home shall not void an existing license for an eight-and-under vacation home, nor shall such denial in itself void zoning permissibility for use as an eight-and-under vacation home; provided that eight-and- under vacation home zoning requirements in this Code and other applicable regulations remain applicable. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 10 of 45 d. Zoning approval of a large vacation home does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to Chapter 5.20 of the Municipal Code in order to operate the property as a vacation home. D. Commercial and Retail Uses 1. Adult Business. All adult business uses shall be subject to special review and shall also comply with the following standards: a. No adult business use shall be located within five hundred (500) feet of any residentially zoned or used property. b. No adult business use shall be permitted within five hundred (500) feet of any school, place for religious assembly, public park, playground, other adult business use or liquor store. c. Adult business use buildings, entries, windows, and other openings shall be located, covered, or screened to prevent a view into the interior from any public area, including sidewalks, bike/pedestrian paths, and streets. 2. Commercial Recreation or Entertainment Establishments. All commercial recreation or entertainment establishments shall be subject to the following standards: a. The use of firearms shall not be permitted as part of user activities, with the exception of establishments such as shooting ranges. b. A traffic impact study shall be submitted that assesses the impacts of the proposed use on existing roads, intersections, and circulation patterns, and that demonstrates compliance with the traffic facility standard set forth in §6.10 of this Code, and/or sets forth mitigation measures to eliminate or substantially reduce such impacts. c. In addition to the standards set forth in the paragraph above, riding academies, livery stables, and roping or equestrian areas shall be subject to the following standards: i. The minimum lot or parcel size for such uses shall be five (5) acres. ii. The Applicant shall submit a plan for the management of odor, dust, and waste as part of the application for special review or development plan approval. 3. Convenience Stores. If fuel is sold as part of the convenience store operation, the conditions for service stations listed in §4.3 below shall also apply. a. No drive-through food or beverage service shall be permitted as part of the operation of a convenience store. b. Outdoor seating areas may be permitted; see §4.3.D.6 "Outdoor Seating Areas or Food Service" use- specific standards below. 4. Dog Kennel and Day Care Facility. Dog kennels and dog daycare facilities shall be subject to the following standards: a. Dog kennels and dog daycare facilities shall not be permitted in residential zoning districts except as a home occupation in rural residential districts [E, E-1, RE], subject to the standards of this section and the home occupation provisions of §4.5. b. In approving dog kennel and dog daycare uses, the Decision-Making Body may impose conditions related to location, configuration, and operational aspects of the facility to ensure compatibility with surrounding uses. This includes, but is not limited to, hours of operation, noise, odor, lighting, and parking. c. Overnight Stays. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 11 of 45 i. Dog kennels, where overnight boarding of animals is proposed, shall be expressly designated as such and shall meet all applicable standards of this section. ii. Dog daycare facilities shall not permit overnight stays of animals. Operations shall be limited to daytime drop-off and pick-up only, with no animals remaining on-site outside of posted business hours. d. Outdoor runs, exercise yards, and dog play areas shall be fully enclosed with secure fencing and shall be set back a minimum of fifty (50) feet from all property lines abutting residentially zoned or used property. e. Outdoor runs and exercise areas shall not be used between the hours of 9:00 p.m. and 7:00 a.m. Indoor facilities shall be designed or soundproofed to minimize audible noise impacts on adjacent properties. f. All dog kennel and daycare facilities shall obtain and maintain a valid Pet Animal Facility license from the Colorado Department of Agriculture in compliance with the Colorado Pet Animal Care and Facilities Act (PACFA), C.R.S. § 35-80-101 et seq., prior to operation. (PACFA licensing applies to facilities boarding 4 or more animals at one time. Home-based dog daycare operating below this threshold may not be subject to state licensure.) g. Animal waste shall be collected and disposed of in compliance with all applicable county and state health and sanitation standards and shall not be discharged into any stormwater system. h. Direct access to a paved public street is recommended but shall not be required as an absolute condition of approval. 5. Outdoor Display/Sales and Storage. All uses with outdoor displays, sales, or storage shall be subject to compliance with the outdoor display/sales regulations in §4.6 of this Code. See also §4.6 for specific operation restrictions on outdoor displays and sales applicable in the CD Downtown Commercial zoning district. 6. Outdoor Seating Areas or Food Service (Convenience Stores or Eating/Drinking Establishments). a. Outdoor Seating Areas and Food Service. i. Eating and drinking establishments or convenience stores may provide outdoor seating areas, including tables and chairs, for the use of their customers. ii. The outdoor seating area shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks, or through other areas intended for public usage. iii. In approving outdoor seating areas, the Decision-Making Body may impose conditions relating to the location, configuration, and operational aspects (such as lighting, noise, hours, litter control) of such outdoor seating and food service areas to ensure that they are compatible with surrounding uses, are maintained in an attractive manner, and comply with applicable Building and Fire Codes. E. Recreational Uses 1. Park and Recreation Facilities. Park and recreation facilities shall be divided into two classifications: public and private, as defined in §13.3. a. Public park and recreation facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county, and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in §2.13. Public park and recreation facilities are DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 12 of 45 permitted in the Open Space Zone District as listed in §3.6. Public park and recreation facilities in non-residential zoning districts may have private concessions and rental arrangements for their use. A location and extent review is required to establish or define a public park and recreation facility. b. Private park and recreation facilities in residential districts, as standalone activities with permission of the property owner(s), shall be restricted to the following uses: i. Horseback Riding with ten or fewer participants per riding group; ii. Fishing (including fishing lessons on private ponds), with appropriate licensing or permitting; iii. Photography; iv. Hiking and climbing activities; v. Swimming; vi. Non-motorized boating, canoeing, kayaking (electric-assist boating shall be allowed); vii. Non-motorized cycling (electric-assist bicycling shall be allowed); viii. Sports courts and recreational fields, including but not limited to pickleball, tennis, basketball, volleyball, bocce, and similar court sports, and recreational fields for soccer, baseball, softball, and similar field sports; ix. Archery; x. Passive open space. F. Industrial Uses 1. Construction Storage Yards, Salvage Yards, Industrial Services (Repair or Storage). The following standards shall apply to all salvage yards and heavy equipment and industrial storage yards that abut an arterial street, a residential use, or a residential zone district boundary, unless the subject use and related activities are entirely enclosed within a building: a. Such uses shall be screened with a solid (100% opaque) wall or fence with a minimum height of eight (8) feet. b. No outdoor storage area shall be placed or maintained within a required building or yard setback. c. Stored items shall not project above the fence or wall used to screen the material. d. It shall be unlawful to store or otherwise have, maintain, or allow on a single parcel of land or on contiguous parcels under common ownership more than one (1) nonfarm vehicle not having current Colorado license plates or registration unless the vehicle is in an approved auto repair garage, body shop, gas station, or other similar use where vehicle storage is permitted. There shall be no limit on the number of active or serviceable agricultural vehicles on a parcel of land, regardless of whether such vehicles have current registration or license plates; however, the restrictions of one (1) vehicle per parcel of land shall apply to agricultural vehicles that are clearly abandoned or that are not, in their present condition, suitable for active agricultural use. § 4.4 PROHIBITED USES A. The following uses are specifically prohibited in all zoning districts: 1. Feedlots. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 13 of 45 2. Junkyards. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk. 3. NAICS Subsector 324. All establishments falling within the North American Industry Classification System (NAICS) Subsector 324, Petroleum and Coal Products Manufacturing, as identified in the North American Industry Classification System United States Manual (OMB 1997). 4. NAICS Subsector 331. All establishments falling within the North American Industry Classification System (NAICS) Subsector 331, Primary Metal Manufacturing, as identified in the North American Industry Classification System United States Manual (OMB 1997). 5. NAICS Industry 22111. All electric power generation facilities falling within the North American Industry Classification System (NAICS) Industry 22111, Electric Power Generation, as identified in the North American Industry Classification System United States Manual (OMB 1997). This prohibition shall not apply to: a. Residential-Scale Solar and Wind Energy Systems. Solar photovoltaic and small wind energy systems that are accessory to a principal use and sized primarily to offset on-site energy consumption shall be classified as accessory uses. b. Battery Energy Storage Systems. Battery energy storage systems (BESS) are used either as stand- alone systems or as accessories to solar or wind energy systems. 6. NAICS Industry Group 3116. All establishments falling within the North American Industry Classification System (NAICS) Industry Group 3116, Animal Slaughtering and Processing, as identified in the North American Industry Classification System United States Manual (OMB 1997). § 4.5 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES A. General Standards. 1. Accessory uses, structures, and activities identified in this Section are permitted in conjunction with any approved principal use unless specifically prohibited. 2. See also §13.2, "Use Classifications," wherein incidental or accessory uses are sometimes included in the description of a specific principal use. When a use classification or specific use type definition in §13.2 does include permitted accessory or incidental uses, such accessory or incidental uses shall be subject to the general standards set forth in this Section, as well as any use-specific standards set forth in §4.3 or this Section. 3. All accessory uses, structures, and activities shall be subject to the general, dimensional, operational, and use-specific regulations set forth in this Section, in addition to the same regulations that apply to principal uses in each district. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Code, the standards of this Section shall control. 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 located on the same lot/ development parcel as the principal use; and c. Accessory uses, structures, and activities shall maintain a functional relationship to the principal use and shall be clearly incidental and subordinate to it in scale and intensity. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 14 of 45 B. Accessory Uses Permitted in the Residential Zoning Districts. 1. Listed Accessory Uses/Structures. Table 4.1 below sets forth what types of accessory uses and structures are permitted in which residential zones. If a specific accessory use or structure is permitted in a residential zoning district, the column under that district will be marked "Yes." If the accessory use or structure is not permitted in a particular zoning district, the column will be marked with a "No." If there is a reference contained in the column entitled "additional requirements," please refer to the cited section(s) for additional standards that shall apply to the specific accessory use. 2. Unlisted Accessory Uses or Structures. If an accessory use or structure is not listed in Table 4.1 but satisfies all the conditions set forth in §4.5.A.4 above, it may be permitted subject to compliance with the general, dimensional, and operational standards set forth in this section and approval from the Community Development Director or their designee. Table 4.1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit RE E-1 E R R-1 R-2 RM depends on lot size as permitted religious small Home Occupation As accessory to a principal residential use only. At least one employee lives in street parking areas used to serve the residents of conversion systems and small wind energy DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 15 of 45 permitted religious assembly use only; mounted solar collectors shall be calculated as the area of the solar panels, trucks, cars, or major recreational equipment, including but not limited to boats, boat trailers, camping trailers, motorized C. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1. Garages and Off-Street Parking Areas. a. Such accessory use shall serve only the residents of the property and shall not be used for commercial purposes. b. For garages attached to or detached from a single-family dwelling: c. No more than thirty-two (32) linear feet of garage door(s) shall be oriented towards a front lot line; and d. 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. 2. Home Occupations. a. Size/Area: A home occupation shall not exceed twenty percent (20%) of the floor area of the building in which the home occupation is located, excluding garage space. This size/area requirement does not apply to family home day care. b. Location: Home occupations are permitted in both principal dwelling units and accessory dwelling units in all zoning districts that allow home occupations, though the home occupation must be integrated within the building of the related dwelling unit(s); except that on lots equal to or greater than one-and-one-half (1.5) acres in size, home occupations may be located in uninhabited accessory structures. c. Employees: No more than one (1) person who is not a resident of the dwelling shall be employed on site, report to work at the site, or pick up supplies or products at the site in the conduct of a home occupation. This limitation applies to independent contractors. Family home day care home occupations are exempt from this requirement. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 16 of 45 d. Operational: i. No retail merchandise or commercial inventory shall be stored or sold on site in connection with a home occupation, except for goods personally fabricated or handcrafted on site by an artist or artisan as part of the home occupation. ii. A home occupation shall be conducted entirely within a portion of a building not within a required parking area. Outdoor play areas are permitted in conjunction with family home day care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. iii. Vehicle or equipment sales, rentals or repairs shall not be conducted as a home occupation. iv. Personal and professional services shall be provided on an appointment-only basis. v. No home occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale or sold on the premises except by prior appointment. vi. There shall be no advertising of the address of the home occupation that results in attracting persons to the premises. vii. No kilns exceeding ten (10) cubic feet in size shall be permitted. viii. All home occupations shall comply with the performance standards prescribed by §6.9 of this Code. There shall be no electrical or mechanical equipment not normally found in a residential structure. ix. No home occupation shall be allowed that will create noise, dust, fumes, odors, smoke, glare, vibration, electrical hazards, fire hazards, or the storage of hazardous materials or any other nuisance to a greater degree than normally experienced in the residential district in which the permit is granted. e. Exterior Appearance and Outdoor Storage: i. No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. ii. No outdoor storage of materials or equipment associated with the home occupation shall be permitted, except on large lots. f. Parking/Vehicles/Traffic: i. Not more than one (1) light or medium-duty truck or van incidental to a home occupation shall be kept on site. All business-related vehicles shall be parked on site within a garage, carport, or approved parking area and shall not be parked on any public street. On lots of one (1) acre or greater, the reviewing authority may approve additional or larger vehicles where adequate screening from adjacent properties and public streets is demonstrated. ii. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than two (2). iii. A home occupation shall not generate pedestrian, automobile, or truck traffic significantly in excess of the normal amount associated with residential uses in the district. In no case shall a home occupation generate more than ten (10) vehicle trips or five (5) customer visits per day. Customer visits shall be limited to the hours of [8:00 DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 17 of 45 a.m.] to [6:00 p.m.], Monday through Saturday. No customer visits shall be permitted on Sundays or federal holidays unless specifically approved as part of a home occupation permit. iv. The Decision-Making Body shall review the proposed home occupation to ensure that safe and adequate access is provided for customers. At a minimum, the street or shared driveway providing access to a home occupation shall have a minimum width of eighteen (18) feet. 3. Storage or Parking of Vehicles, Recreational Equipment, and Recreational Vehicles. a. Only vehicles, recreational equipment, and recreational vehicles owned by an occupant of a principal residential building may be parked or stored. b. 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. c. 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. d. Guest Occupancy. Notwithstanding subsection (iii) above, a recreational vehicle owned by a visiting guest may be used for temporary sleeping accommodations on the same lot as the principal residential building, subject to the following: occupancy shall not exceed seven (7) consecutive days per visit or fourteen (14) total days per calendar year; no more than one (1) guest recreational vehicle shall be occupied at any one time; temporary electrical connections only are permitted during occupancy; and guest recreational vehicles shall not be used as a permanent residence or for short- term rental purposes. e. Recreational equipment and recreational vehicles may be parked or stored outside if all of the following requirements are satisfied: i. Recreational equipment and recreational vehicles may be parked no closer to the street than behind the front setback in a side yard. ii. Recreational equipment and recreational vehicles may be parked no closer than three (3) feet to a side or rear yard lot line. f. Limit on Parked or Stored Recreational Equipment and/or Recreational Vehicles on a Lot. i. Applicability. This Section applies to all recreational equipment and recreational vehicles that are not parked or stored in a fully enclosed garage. ii. 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 parked or stored on a lot greater than two (2) acres in size, 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 in size. iii. 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. g. Limit on Number of Parked or Stored Vehicles, Not Including Recreational Equipment and Recreational Vehicles, on a Lot. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 18 of 45 i. This Section applies to all vehicles that are not parked or stored in a fully enclosed garage. ii. 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 (2) 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 in size, but less than five (5) acres. No more than a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than, ten (10) acres. 4. Accessory kitchen. Approval of a kitchen accessory to a single-family dwelling shall not constitute approval of a second dwelling unit or accessory dwelling unit. The dwelling shall not be occupied by more than one (1) family unit, as defined in §13.3 "Household Living." a. The dwelling shall have only one (1) address. b. Interior access shall be maintained to all parts of the dwelling to ensure that an accessory dwelling unit or apartment is not created. c. Recorded Deed Restriction. Prior to issuance of a building permit, the property owner shall execute and record a deed restriction, prepared by the Community Development Department at the applicant's expense, stating that: d. The accessory kitchen does not constitute a separate dwelling unit or ADU; e. No portion of the dwelling containing the accessory kitchen shall be independently rented, leased, or conveyed; and f. The restriction runs with the land and is binding on all future owners. g. Land Use Affidavit. Where the accessory kitchen is located in a portion of the dwelling that also contains sanitary facilities, a Land Use Affidavit shall be prepared and recorded by the Community Development Department at the applicant's expense, concurrent with building permit issuance h. Outdoor kitchen. A single-family dwelling may have one (1) outdoor kitchen, either attached to the principal structure or detached, in addition to one (1) or more kitchens inside the principal structure, provided that: i. An outdoor kitchen shall be a minimum of ten (10) feet from the rear lot line and not closer to the side lot line than the required side yard setback of the applicable district. j. Cooking appliances in an outdoor kitchen shall maintain a minimum distance from combustible materials as recommended by the appliance manufacturer and as may be required under the applicable International Fire Code (IFC). 5. Micro Wind Energy Conversion Systems. a. Purpose. Micro wind energy conversion systems (micro-WECS) are intended to provide supplemental on-site renewable energy generation as an accessory to a principal use. No micro-WECS shall be operated as a commercial power generation facility. b. Size. The swept area of any individual micro-WECS shall not exceed twenty (20) square feet. Multiple systems may be installed on a lot, but shall not exceed a cumulative aggregate swept area of sixty (60) square feet. c. Height. Height shall be measured from the original natural grade to the highest point of the structure, moving or fixed, whichever is greatest, and shall not exceed thirty-five (35) feet. The reviewing DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 19 of 45 authority may reduce the maximum permitted height where the system is located within or adjacent to a ridgeline protection area, scenic corridor, or wildlife-sensitive area. d. Setbacks and Fall Zone. Micro-WECS shall comply with the setback requirements of Chapter 4. In addition, no micro-WECS shall be located closer to any property line, public right-of-way, or occupied structure than the total height of the system plus ten percent (10%), measured from the base of the tower to the nearest point of the structure or property line. This fall zone requirement shall supersede the standard setback where it results in a greater distance. e. Ridgeline Protection. Micro-WECS shall comply with the Ridgeline Protection Standards of §6.2. No micro-WECS shall be installed on or within a ridgeline protection area unless the applicant demonstrates that the system will not be visible from designated scenic corridors or public viewsheds, as determined by the reviewing authority. f. Noise. All micro-WECS shall not exceed fifty (50) decibels (dBA) as measured at the nearest property line or occupied structure on an adjacent lot, consistent with applicable Town and County noise ordinances. Systems located outside Town limits shall comply with Larimer County Ordinance 97-03, as amended. All systems within Town limits shall comply with the Municipal Code of the Town of Estes Park. g. Shadow Flicker. Micro-WECS shall be sited and designed to minimize shadow flicker impacts on adjacent occupied structures. Shadow flicker shall not exceed thirty (30) hours per year at any adjacent occupied structure. Where the reviewing authority determines that shadow flicker may be a concern, the applicant shall submit a shadow flicker analysis prepared by a qualified professional. h. Vibration. Micro-WECS shall not produce vibration perceptible beyond the property line of the lot on which the system is located. i. Lighting. Lighting, graphics, signage, and decorative elements are prohibited on or directed toward any micro-WECS. No exterior lighting shall be installed in a manner that illuminates the system. j. Safety Standards. All micro-WECS shall comply with the following safety requirements: i. Ground Clearance. The minimum distance between the ground and any blade or moving part shall be ten (10) feet, measured at the lowest point of the swept area; or ii. Enclosure. Where ground clearance cannot be achieved, blades and moving parts shall be fully enclosed with fencing, grilles, guards, screening, shrouds, or any combination thereof; and iii. Automatic Shutoff. All systems shall be equipped with an automatic shutoff or braking mechanism activated in high-wind conditions, as specified by the manufacturer. k. Operating Condition and Maintenance. All micro-WECS shall be maintained in safe operating condition in accordance with manufacturer specifications. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department or the Protective Inspection Division of the Town of Estes Park or Larimer County shall be subject to emergency enforcement procedures under Chapter 1. l. Decommissioning. Any micro-WECS that has not been in operational use for a continuous period of twelve (12) months shall be presumed abandoned and shall be removed by the property owner within ninety (90) days of written notice from the Town. All associated towers, foundations, and electrical connections shall be removed and the site restored to its pre-installation condition. Failure to comply shall authorize the Town to remove the system at the property owner's expense. m. Electrical Connections. All electrical connections and lines shall be placed underground. Grid- connected systems shall comply with the interconnection standards and requirements of the Town of DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 20 of 45 Estes Park Light and Power Department, as well as all applicable state and federal utility interconnection regulations. n. Permit Required. A building and electrical permit shall be required for the installation or modification of any micro-WECS that: i. Is connected to the Town of Estes Park Light and Power distribution system; or ii. Has a height of fifteen (15) feet or more. 6. Small Wind Energy Conversion Systems (SWECS or "system"). a. Conditional Use Permit. A conditional use permit shall be required for all systems. i. The purposes of the conditional use permit are to ensure the system mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. ii. This shall require the system to be located and sized to lessen the impacts (such as on principal view corridors) on nearby land uses and properties, regardless of any associated negative impacts on system performance. b. Submittal Requirements. i. Site plan, including: property lines with distances and bearings; location and dimensions of existing structures on the site; location of the proposed wind turbine and appurtenant equipment; setback from property lines; rights-of-way or easements for any adjoining roads or drives; edge of any adjoining roads or drives; existing utilities and utility easements; extent of shadow during winter solstice. ii. Small wind energy conversion system specifications, including: manufacturer; model; rotor diameter and/or swept area; structure height to highest point; and tower design. iii. Tower and foundation blueprints and drawings. iv. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. v. The site plan and foundation plan shall be stamped by a professional engineer. c. Review Criteria. Through the conditional use permit review process, the small wind energy conversion system shall be evaluated for compliance with review criteria, including but not limited to: i. Visual Impact. SWECS shall be sited and sized in a manner to minimize visual impact to principal view corridors of adjoining properties. The Planning Commission may require that the structure be located outside the principal view corridors. Principal view corridors shall be the views from the principal living areas of the principal structure on a lot. ii. Noise. SWECS shall be sited to ensure compliance with the maximum noise levels set forth in the Development Code. iii. Shadow-flicker. SWECS shall be sited in a manner that does not result in shadowing or flicker impacts on structures located on adjoining properties. iv. Color. The color of the SWECS shall be either the manufacturer's stock color or painted in a non-reflective grey or white. v. Design. All towers shall be freestanding. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 21 of 45 vi. Wildlife. SWECS shall be subject to Wildlife Habitat Protection standards set forth in §6.7. vii. Building Permit Required. A building permit shall be required for the installation of all small wind energy conversion systems. viii. Limit on Number. There shall not be more than one (1) system on a lot. ix. Size. The swept area of any individual system shall not exceed one hundred twenty-five (125) square feet. x. Swept area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades of the largest cross-sectional area of any shroud or cowling enclosing the wind-driven parts. xi. Height. Height shall be measured from the original natural grade to the highest point of the structure, moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet. d. Setbacks. i. Setbacks from all property lines shall be at least two (2) times the structure height. For example, a thirty-foot-tall system shall have a minimum setback of sixty (60) feet from the nearest property line. ii. This setback requirement shall also apply to public or private roads that serve more than four (4) adjacent or off-site lots, and shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement, or the property line, whichever produces a greater setback. e. Ridgeline Protection Areas. Small wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in §6.2. f. Noise. All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended). All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park. g. Lighting Prohibited. Lighting, graphics, signs, and other decorations are prohibited on the system, and lighting shall not be located in a manner that illuminates the structure. h. Operating Condition. All systems shall be kept in a safe operating condition. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in §1.19. i. Safety Regulations. All small wind energy conversion systems shall provide a means of protection from any blades or moving parts by either: j. Ground Clearance. The minimum distance between the ground and any blades or moving parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area; or k. Enclosures. Blades and moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds, or any combination thereof. l. Electrical Connections. Electrical connections and lines shall be placed below ground. 7. Office DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 22 of 45 a. Office permitted as an accessory use in RM Multi-Family Residential zoning districts upon S2 special review use approval by the Decision-Making Body, subject to the following requirements. b. No accessory offices shall cumulatively exceed twenty-five percent (25%) of the gross floor area of the principal structure. c. The accessory office use must be incorporated within the primary structure that exists at the time of special review approval. d. Off-street parking for an accessory office use must comply with §6.10 at one (1) space per two hundred (200) square feet of gross floor area. e. Should existing parking be insufficient, a development plan shall be required to accompany the S2 special review application prior to the installation of additional parking spaces. D. Accessory Uses Permitted in the Nonresidential Zoning Districts. 1. Listed Accessory Uses and Structures. Table 4.2 below sets forth what types of accessory uses and structures are permitted in which nonresidential zoning districts. If a specific accessory use or structure is permitted in a zoning district, the column for that district will be marked "Yes." If the accessory use or structure is not permitted in a particular zoning district, the column will be marked with a "No." If there is a reference contained in the column entitled "additional conditions," please refer to the cited section for additional conditions that shall apply to the specific accessory use. 2. Unlisted Accessory Uses and Structures. If an accessory use or structure is not listed in Table 4.2, but satisfies all the conditions set forth in §4.5.A.4 above, it may be permitted subject to compliance with the general dimensional and operational standards set forth in this section and approval from the Community Development Director or their designee. Table 4.2 Accessory Uses Permitted in the Nonresidential Zoning Districts Accessory Use Nonresidential Zoning District Additional Conditions "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit A A-1 CD CO O CH I-1 MU PF poultry raising a principal residential or accommodations dining halls and similar food services accessory to a permitted accommodation use only. •Such facilities shall be operated primarily for the convenience of DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 23 of 45 or visitors to the including space for the sale of golf or other sporting equipment, food and uses to golf courses or indoor recreational facilities only housing (Including caretaker accessory to a permitted religious assembly day care, small Occupations As an accessory to a principal residential use occupation Occupations As an accessory to a principal residential use rooms, banquet halls and similar group gathering spaces and uses a principal, accommodations are used only. Except in the A zone, shall be located inside the same building housing the principal use. Total gross floor area of the accessory use shall count toward any maximum FAR DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 24 of 45 energy conversion mobile food sales a principal retail sales/service or grocery store use greenhouses a principal residential use recreational facilities for use by residents, employees or schools) a permitted religious assembly bars, news stands, gift shops, clubs, managerial offices and lounges when inside the principal building containing a permitted principal hotel, motel, resort lodge or major entertainment an accessory use to artist and photography or photographs for sale shall be work product from the principal energy conversion ground-mounted DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 25 of 45 as the area of the solar panels, not the structure merchandise and nonhazardous materials when located in the same building as the principal pools and tennis courts on the same parcel of a permitted principal hotel or E. Additional Requirements for Specific Accessory Uses in the Nonresidential Zoning Districts. 1. Employee and Seasonal Workforce Housing. For purposes of this section, workforce housing shall be classified as follows: a. Employee Housing Units. Self-contained dwelling units with full kitchen and sanitary facilities, intended for year-round or long-term occupancy by employees of a principal use or employer located within the Estes Park area. Employee housing units may be rented or owned by qualifying employees, subject to the deed restriction requirements of subsection (d). b. Seasonal Workforce Housing. Dormitory-style or shared accommodations intended for seasonal or temporary employees, managed by an employer or property management entity. c. Development and Operational Standards. i. General Compliance. All employee and seasonal workforce housing shall comply with applicable provisions of this Code, the International Building Code, and all applicable Colorado housing statutes. ii. Unit Size. a) Employee housing units shall meet the minimum habitable area requirements of the applicable building code. No maximum unit size shall apply, provided the total square footage of employee housing does not exceed the limitations of subsection (c) below; b) Seasonal workforce housing sleeping rooms shall comply with the minimum square footage standards of the applicable building code. iii. Minimum Tenancy. a) Employee housing units shall not be rented for a term of less than thirty (30) days; DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 26 of 45 b) Seasonal workforce housing may be occupied on a shorter-term basis consistent with seasonal employment cycles, provided occupancy is managed by the employer or an approved property management entity under a recorded property management plan. iv. Occupancy Eligibility. Occupancy of employee and seasonal workforce housing shall be limited to: a) Employees of the principal use or an employer located within Larimer or Boulder County; and b) Members of the qualifying employee's immediate household. v. Formula for Provision of Employee Housing. a) Accommodation uses shall be permitted one (1) employee housing unit per seven (7) guest rooms or units. b) The total cumulative square footage of all employee housing units and their accessory use areas, including garages, carports, and decks, shall not exceed the gross floor area of the principal use. c) Parking required for employee housing units shall not exceed the total parking required for the principal use. d. Ownership and Deed Restriction. i. Rental Units. Employee housing units operated as rentals shall be deed-restricted for a minimum period of twenty (50) years. The deed restriction shall prohibit: a) Short-term rental of the unit for a period of less than thirty (30) days; and b) Rental to the general public outside of the qualifying employee pool. ii. Ownership Units. Employee housing units conveyed to qualifying employees shall be deed-restricted for a minimum period of twenty (50) years. The deed restriction shall require that: a) The unit must be owner-occupied by a qualifying employee; b) Upon resale, the unit shall be sold to another qualifying employee at a price not to exceed the appreciation cap established by the Town or, if no cap is established, at fair market value, subject to the right of first refusal by the Town; and c) Short-term rental of the unit is prohibited during the period of ownership. iii. Removal of Deed Restriction. Removal of a deed restriction prior to the expiration of the required period shall require: a) Approval by the Town Board of Trustees following a public hearing; b) A finding of exceptional practical difficulty or undue hardship demonstrating that continued restriction is not feasible; and c) Repayment to the Town of any public subsidy, fee waiver, or density bonus received in connection with the employee housing approval, as determined by the Town Attorney. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 27 of 45 iv. Form of Restriction. The deed restriction instrument shall be approved by the Town Attorney prior to recording and shall be recorded with the Larimer County Clerk and Recorder prior to issuance of a certificate of occupancy. F. 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 after 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 (1) acre, all accessory buildings, excluding detached garages, shall be located no closer to the front property line than the residential dwelling. Small wind energy conversion systems shall be subject to setback requirements set forth in §4.5.C.2.g. 3. 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 Nonresidential Uses. Except as otherwise expressly limited or allowed in this Section, and except 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. Maximum cumulative gross floor area for all accessory uses (excluding accessory kitchens and accessory nightly rentals in accessory or principal structures) 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 (½) 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)]*. *Where "a" = net land area in acres. 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 twenty (120) square feet and no more than two (2) accessory buildings or structures greater than one hundred twenty (120) square feet shall be allowed on a lot of two-and- one-half (2.5) acres or less. Small wind energy conversion systems and "micro-wind" systems shall be exempt from this limitation. 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. 8. Dwelling Unit Prohibited. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory structure or building. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 28 of 45 9. Operations. Accessory structures, buildings, and uses shall be constructed, maintained, and conducted to avoid the production of noise, vibration, concussion, dust, dirt, smoke, odors, noxious gases, fly ash, heat, or glare from artificial illumination or from reflection of natural light. 10. Limits on Mobile Homes/RVs. No mobile home or recreational vehicle (RV) shall be used for accessory uses. 11. Building Permit. A building permit shall be required prior to the construction, installation, modification, or change of use of any structure or improvement, including all accessory structures, energy systems, fences exceeding six (6) feet in height, swimming pools and spas with a water depth exceeding twenty-four (24) inches, and any work involving utility connections or changes of occupancy, in accordance with the International Building Code as adopted and amended by the Town. § 4.6 TEMPORARY USES AND STRUCTURES A. Permit Required. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in §2.13 of this Code. B. Permits. A temporary use permit authorizing a temporary use shall be reviewed in accordance with the provisions of §2.13, and shall be reviewed, approved, or revoked only in accordance with the regulations of this Section. C. General Standards. All temporary uses or structures shall meet the following requirements: 1. The proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the Comprehensive Plan and the provisions of this Code. 2. The proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. 3. The proposed temporary use complies with all applicable general and specific regulations of this Section and §2.13, unless otherwise expressly stated. 4. Permanent alterations to the site are prohibited. 5. Permanent signs are prohibited. All approved temporary signs associated with the temporary use shall be removed when the activity ends. 6. Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site. 7. Temporary uses shall comply with building/structure setbacks established for the zone district in which the temporary use is located. The department may waive or adjust this provision. 8. The temporary use regulations of this Section do not exempt the Applicant or operator from any other required permits, such as health department permits. D. Temporary Uses Allowed. 1. Temporary, Seasonal, and Holiday Sales. a. Holiday or seasonal sales activities, such as sales of Christmas trees or farm produce, shall be permitted as temporary uses in the following zoning districts: i. CO Outlying Commercial Zoning District. ii. I-1 Restricted Industrial Zoning District. b. The term of the temporary use permit shall not exceed sixty (60) days. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 29 of 45 c. Permitted sales activities may occur within required zone district setbacks, provided that the following conditions are satisfied: i. No activity or display shall encroach into a required setback by more than fifty percent (50%) of the required setback; ii. No activity or display shall be located within twenty-five (25) feet of an abutting residential lot; and iii. No activity, display, or related equipment shall be located within a required intersection or driveway sight triangle. d. Temporary seasonal and holiday sales shall not include retail sales of bulk household goods, such as furniture, carpets, artwork/paintings, or similar items, and shall not include retail sales of prepared or processed food products. e. The outdoor sales and storage area shall be limited to ten percent (10%) of the gross area of the lot. 2. Temporary Real Estate Sales Office. a. Temporary real estate sales offices shall be permitted in all zoning districts when incidental to a new residential development. b. Permitted temporary real estate sales offices shall be used only as temporary field offices and for storage of incidental supplies, and shall not be used as any type of dwelling. c. A real estate sales office shall not be moved, erected or established on a residential development site until the date on or after which construction actually commences. d. Use of the temporary real estate sales office for sales of residential sites or projects located off-site is prohibited. e. All temporary real estate sales offices shall be removed within thirty (30) days after the sale of the last dwelling unit in the development, even if the temporary use permit is still valid. 3. Contractor's Office/Temporary Construction Uses. a. Permitted in all Zoning Districts. The use of construction sheds or construction trailers in connection with site construction, or an area used for the temporary storage of building materials and equipment necessary for the construction of a permanent use, is a permitted temporary use in all zoning districts, subject to the following regulations and restrictions. b. Term of Permit. The term of a temporary use permit for construction uses shall automatically expire thirty (30) days after completion of construction, or upon cessation of construction for more than sixty (60) days, or one (1) year after issuance, whichever occurs first. The Decision-Making Body may grant up to three (3) six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision. c. Site Requirements. i. A temporary construction trailer, construction shed, or construction yard shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of any abutting residential lot. ii. Siting of a temporary construction yard shall provide adequate buffering for adjacent structures and uses. iii. A temporary construction yard shall be maintained in good condition during the time of its use. Construction yards and sites shall be regularly mowed, and weed growth shall be DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 30 of 45 controlled. Trash and rubbish barrels/receptacles shall be provided on-site, and trash pick-up and removal shall occur on at least a weekly basis. d. Dwelling Prohibited. A temporary construction trailer or construction shed shall be used only as temporary field offices and for storage of incidental equipment and supplies, and shall not be used as any type of dwelling. e. Commencement of Use. A temporary construction trailer or construction shed, or a temporary construction yard, shall be moved, erected, or established on a construction site no earlier than two (2) weeks prior to the date on which construction actually commences. If construction is interrupted and ceases for more than sixty (60) days, a construction trailer or construction shed shall be removed until actual construction commences again. f. Fire Hazards. No flammable materials shall be stored in a temporary construction trailer or construction shed. g. Trailer/Shed Requirements. i. All temporary construction trailers and construction sheds shall have at least ten (10) feet on all sides for clearance. ii. Every temporary construction trailer and construction shed shall be maintained in a clean and orderly condition. h. Completion of Temporary Use: Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties. 4. Natural Disasters and Emergencies. Temporary uses and structures needed as a result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency. No temporary use permit or other review shall be required. 5. Other Uses. Subject to this Section, the Decision-Making Body may approve other temporary uses and activities or special events if it is determined that such uses would not jeopardize the health, safety, or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. 7. Vehicle-Based Accommodations for Seasonal Employees (VBASE). a. Definitions. For the purposes of this paragraph (7), the following terms have the following meanings: i. Affiliate means a person (e.g., firm, company, entity, natural person) who directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the specific person, as determined explicitly in a temporary use permit. "Control", including the terms "controlling", "controlled by", and "under common control with", means the possession, direct or indirect, of the majority power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or non-management services, or otherwise. ii. Qualified Occupant means any person who resides in a VBASE unit and is employed as an employee or independent contractor for more than thirty (30) hours per week, on the same site as the property where a VBASE unit is located, or on another site owned either by the person who owns the property where the VBASE unit is located or by an affiliate of the owner. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 31 of 45 iii. Vehicle-Based Accommodations for Seasonal Employees (VBASE) Unit means a vehicular or portable unit designed to be mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, fifth wheel trailers, camping trailers, motor homes, or slide in truck campers which may be used as a temporary dwelling or sleeping place for qualified occupants. The following do not qualify as VBASE units: tiny homes, passenger vehicles, and truck toppers. b. Permit Required; Term; Fees. i. Any owner may, upon receipt of a temporary use permit for such purpose, enter into a private agreement with any qualified occupant to allow VBASE parking on the owner's private property for use as a temporary dwelling or sleeping quarters. ii. This VBASE permit shall issue and automatically renew monthly until such time as owner terminates the permit in writing or on the following November 1, whichever comes first. iii. The permit application fee shall be fifty dollars ($50.00). iv. The monthly permit fee shall be one hundred dollars ($100.00) paid to the Town without proration. The fee is for each calendar month. The permit fee is owed by each permittee whether a permitted spot is in use or not, and fees will not be reduced on a pro rata basis. For continuing permits, the permit fee is due and payable on the last business day of the prior month. v. The Town may accept advance payment of the monthly permit fees, but acceptance of such payment does not change the month-to-month permit status. The Town will not provide refunds on any advance payments. vi. This permit does not allow any material change to the interior or exterior of any premises to accommodate the VBASE unit that would require a building permit. c. Eligibility for Temporary Permit. i. Permit Required. An owner shall submit a completed permit application to the Town along with payment of the permit application fee. The permit application shall include a drawing showing the proposed location of the VBASE unit on the site to demonstrate conformance with all applicable regulations. d. On-Site Employment Required. The qualified occupant must either be employed on the same site as the owner's property or on another site owned by the owner or the owner's affiliate. e. Location. The VBASE unit must be placed entirely on private property and meet all setback requirements of the zoning district or any setback established by an approved variance. The VBASE unit shall not be located in any of the following places: i. Within the extended boundaries of a crosswalk; ii. Within ten (10) feet of the extension of any primary building entranceway, and or doorway; iii. In a location in which it may impede or interfere with or visually obstruct: iv. The safe movement of vehicular and pedestrian traffic; v. Parking lot circulation; vi. Required parking spaces; vii. Access to any public street, alley or sidewalk; or DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 32 of 45 viii. Fire lanes. f. Zoning and Land Use. The VBASE unit is only permitted to be located on properties zoned Accommodations (A and A-1), Commercial (CD, CO, CH, or O), or Industrial (I-1). A VBASE unit shall not be permitted on properties zoned Residential (R, RM, E, or E-1) or on properties on which the principal use is residential, regardless of zoning. g. Season. The VBASE unit is only permitted to be occupied from May 1 to October 31. The VBASE unit may be parked and/or stored on-site outside these dates in accordance with all requirements of the Municipal Code and Development Code. h. Surface. The location of the VBASE unit on the owner's private property must be on a rigid surface consisting of concrete, asphalt, chip seal, or pavers. A gravel surface is also acceptable provided it is designated and reserved for parking, but in no case shall a VBASE unit be placed upon any dirt, grass, landscaping, or other permeable surface. i. Electric. The qualified occupant must have access to electricity by either of the following: i. Power storage from a battery source, solar panel source, or a combination of self- contained sources (e.g., 12-volt DC power). ii. From an electricity source on the same parcel (e.g., 120-volt AC power). iii. The use of a generator is not allowed at any time. No air-conditioning or any other mechanized unit to cool air in a VBASE unit may operate after the hours of 8:00 p.m. or before 8:00 a.m. j. Water. The qualified occupant must have access to potable drinking water by either of the following: i. A food grade storage tank for potable drinking water; or ii. A food grade hose or other means of delivery from a structure located on the same parcel with an approved Town water tap or permitted well. k. Hoses and cords. Hoses and cords which cross real property lines or public property are prohibited. All hoses/cords need to be securely placed and covered as needed, to avoid being a trip hazard. l. Restroom. If the VBASE unit does not contain restroom facilities, the owner shall make restroom facilities available to the qualified occupant twenty-four (24) hours per day. Portable restroom facilities are not permitted. m. Sewer. No sewer hook-up for a vehicle is required; however, any black water holding tank in use must be regularly dumped at a permitted RV dump station. The owner is responsible for the appropriate management of a black water system if used on the property. n. Dumping of Black or Grey Water. In no case shall black or grey water tanks be dumped into any sewer system located on the premises unless an approved RV sewer connection is available. o. State of Good Repair. The VBASE unit must be maintained in a state of good repair and be equipped and licensed for travel on public roads. p. Life Safety. The VBASE unit must be equipped with an operable fire extinguisher, smoke detector, and carbon monoxide detector. q. Number of VBASE Units. No more than one (1) VBASE unit per parcel shall be permitted. In the [A, E, E-1, RE] zoning districts, parcels of [two (2)] acres or greater may be permitted up to two (2) VBASE units, and parcels of [five (5)] acres or greater may be permitted up to three (3) VBASE DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 33 of 45 units, provided all applicable dimensional, parking, and operational standards of this section are satisfied for each unit. r. Maximum Occupancy. Occupancy of any VBASE unit shall not exceed the manufacturer's rated sleeping capacity for the unit, or six (6) persons total, whichever is less. No more than three (3) adults over the age of eighteen (18) shall occupy any VBASE unit unless the manufacturer's rated sleeping capacity expressly accommodates additional adults. s. Term of Tenancy. The term of the tenancy between the owner and the qualified occupant shall end on the last day of each month at 11:59 p.m. This rental term shall be set forth in a written agreement signed by the owner and the occupant, with a copy provided to the Town Department prior to permit approval. t. Display of Permit. The permit shall be affixed to the VBASE unit so it is visible. u. Inspection. The owner and qualified occupant shall grant permission to Town Department to enter the property as an invitee to inspect the VBASE unit for permit compliance or to respond to complaints. v. Other Requirements. The permitted VBASE unit shall comply with all other restrictions and requirements imposed by local, state, or federal laws. w. Other Structures. Except for the VBASE unit, no permanent or temporary structures, including but not limited to decks and shade structures, shall be erected in connection with this permit. x. Insurance. The property owner must file with the Town a certificate evidencing valid and effective policies for real and personal property liability insurance at least to the limits required, with minimum limits of five hundred thousand dollars ($500,000.00) per occurrence, one million dollars ($1,000,000.00) in the aggregate. y. Signage. No temporary or permanent signage is permitted in conjunction with this permit. z. Businesses Prohibited. No business may be operated out of a VBASE unit. aa. Factors for Grant of Temporary Permit. No temporary use permit for a VBASE unit shall be granted unless the Town finds that the following criteria have been met: i. Compliance with all eligibility requirements contained herein. ii. No current nuisance or other continuing code violation as set forth under the Municipal Code exists on the real property where the VBASE unit will be located. iii. The VBASE unit location does not significantly adversely impact the surrounding area. iv. The real property parcel complies with all applicable Town zoning, Development Code, and building regulations and there are no open or continuing code violations. v. The issuance of the permit balances the safety of patrons, pedestrians, and traffic such that no group shall be subject to an unreasonable risk of harm if the permit is granted. bb. Repeal. This paragraph (7) on vehicle-based accommodations for seasonal employees shall automatically be repealed effective October 31, 2026. No temporary use permits for VBASE units shall be issued authorizing any such use after that date. The Board of Trustees may alter this repeal by ordinance. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 34 of 45 § 4.7 OUTDOOR MOBILE FOOD VENDING USES A. Business License Required. All outdoor mobile food vendors operating in the Town of Estes Park shall obtain an outdoor mobile food vending business license prior to commencing operation and continuing throughout the entire period(s) of operation. B. Operational Standards. All outdoor mobile food vendors shall meet the following requirements: 1. Outdoor mobile food vending uses shall not violate any applicable conditions of approval that apply to the principal use on the site. 2. Outdoor mobile food vendors shall be classified as accessory uses in the zone districts in which they are permitted provided they are on lots that contain a principal building where active operations are being conducted. 3. Outdoor mobile food vendors shall be prohibited on undeveloped lots. 4. Permanent signage shall be allowed only on the outdoor mobile food vendor vehicle. One temporary sign may be placed by the outdoor mobile food vendor on the site. The temporary sign shall comply with the applicable regulations in Chapter 11. 5. The outdoor mobile food vendor vehicles shall not be located in any of the following places: a. Within the extended boundaries of a crosswalk; b. Within ten (10) feet of the extension of any building entranceway, and/or doorway; c. In a location in which the vehicle may impede, interfere with, or visually obstruct; d. The safe movement of vehicular and pedestrian traffic; e. Parking lot circulation; or f. Access to any public street, alley, or sidewalk. 6. The outdoor mobile food vendor shall have available a suitable container for the placement of litter by customers and shall pick up and dispose of any paper, cardboard, wood, or plastic containers, wrappers, or any litter on site. 7. Each outdoor mobile food vendor shall not leave the outdoor mobile food vehicle unattended for more than fifteen (15) minutes at any one time while engaged in business operations. 8. Each outdoor mobile food vendor shall comply with the provisions of all applicable rules, regulations, and ordinances of the Town and County, as well as requirements of all state and federal laws, including, but not limited to, noise restrictions, sign regulations, limitations on discharge of liquid waste, sales tax requirements, food safety, wildlife protection, and other related requirements. 9. Outdoor mobile food vending operations shall not operate before [7:00 a.m.] or after [10:00 p.m.]. Where a mobile food vending unit is located within [300] feet of a residential zoning district or residential use, hours of operation shall be further restricted to [8:00 a.m.] to [9:00 p.m.]. The reviewing authority may impose more restrictive hours as a condition of approval where adjacent uses or neighborhood character warrant. § 4.8 MOBILE HOME PARKS A. Applicability. All mobile home park development shall be subject to the regulations in this Section. B. Purpose. The purpose of this section is to: DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 35 of 45 1. Make provision for an alternate choice in housing; 2. Encourage efficient and functional use of land for mobile homes; 3. Minimize potential impacts on surrounding land uses. C. Dimensional Regulations. 1. Maximum Density. a. RM District. The maximum number of mobile home lots shall equal the maximum number of dwelling units allowed under the RM zoning district requirements. See §4.3.B (Table 4.1). b. CO District. The maximum net density shall be eight (8) mobile home lots per acre in the CO zoning district. D. Minimum Park Size. A mobile home park development shall be a minimum of ten (10) acres in size. 1. Minimum Mobile Home Site Size. Each individual mobile home shall have an assigned site of at least four thousand five hundred (4,500) square feet, not including street areas, and each site shall have a minimum of twenty-five (25) feet of street frontage. 2. Setbacks. Table 4.3 From the perimeter property line 25 From internal mobile home site lines: front yard side yard 10 5 E. General Design Requirements. 1. Site Characteristics Requirements. Condition of the soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose that would expose persons or property to hazards. 2. Soil and Groundcover Requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, covered with stones or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. 3. Site Drainage Requirements. Mobile home parks shall comply with the requirements set forth in §4.8. 4. Nonresidential Uses. No part of any park shall be used for nonresidential purposes, except such accessory uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. However, nothing contained in this provision shall be deemed to prohibit the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. 5. Required Recreation Areas a. Every mobile home park containing more than fifty (50) mobile home spaces shall provide outdoor recreation areas having a minimum total area of two thousand (2,000) square feet, or one hundred (100) square feet for each mobile home space in excess of fifty (50) mobile home spaces, whichever area is the greatest. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 36 of 45 b. In the event that more than one (1) outdoor recreation area is provided within a mobile home park containing more than fifty (50) mobile home spaces, the minimum area for each outdoor recreation area shall be two thousand (2,000) square feet, regardless of whether the minimum total area provided for in paragraph 5.a above may thereby be exceeded. c. Outdoor recreation areas may include, but are not limited to, adult recreation and child play areas and swimming pools, but shall not include areas devoted to parking, utilities or drying yards. d. Outdoor recreation areas shall be located in such a manner as to be free from traffic hazards and excessive topography, and shall be centrally located to provide easy access to all park residents, provided that the topography and traffic of the park permit. F. Circulation System. 1. General Requirements. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot via private streets. Alignment and gradient shall be properly adapted to topography and shall provide good drainage. See Appendix D for applicable road standards. 2. Access. Access to mobile home parks shall be designed to minimize congestion and hazards at entrances and exits and to allow free movement of traffic on adjacent streets. The entrance road connecting the mobile home park interior streets with a public street or road shall have a minimum road pavement width of thirty-four (34) feet where parking is permitted on both sides, or a minimum road pavement width of twenty-seven (27) feet where parking is limited to one (1) side. 3. Internal Streets and Walkways. a. Street Width. Surfaced internal roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements: b. All streets, except minor streets: thirty-four (34) feet; c. Minor streets: i. Where parking is not allowed on either side of the street: twenty (20) feet; ii. Where parking is allowed on one (1) side of the street only: twenty-seven (27) feet, provided that the street is less than five hundred (500) feet long and serves fewer than twenty-five (25) mobile homes, or of any length if the street is one-way and provides access to abutting mobile home lots on one (1) side only. d. Dead-End Streets. Dead-end streets shall be limited in length to five hundred (500) feet and shall provide a turnaround at the closed end that has an outside paved roadway diameter of at least ninety (90) feet. e. Walkways. All mobile home parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets, and all community facilities provided for park residents. f. Illumination of Internal Streets and Walkways. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide illumination for the safe movement of pedestrians and vehicles, but in no case shall lighting be provided less than every four hundred (400) feet of street or walkway length. 4. Street Construction and Design Standards. a. Pavement. All streets shall be provided with a smooth, hard, and dense surface (asphaltic concrete or Portland cement concrete) which shall be durable and well-drained under normal use and weather DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 37 of 45 conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes, and other hazards. b. Design Standards. Design standards for all streets shall meet the requirements set forth in Appendix D. G. Mobile Home Stands. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation, and overturning. 1. The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the superstructure. 2. The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete "dead men" eyelets embedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home. 3. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand, and each shall be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds. 4. All mobile home parks or mobile homes located in the area of special flood hazard shall meet the requirements of the floodplain regulations as set forth in this Code. 5. All mobile home stands shall be visibly numbered. H. Other Development Requirements. 1. Utilities. All utility lines shall be underground. Utility easements shall be provided for as required by this Code or other applicable regulations. 2. Screening. All mobile home parks shall be screened from adjacent property with trees, shrubs, other planting arrangements, and/or walls designed to provide noise and sight buffers. Such screening shall be at least six (6) feet in height; provided that such screening shall be less than three and one-half (3½) feet in height when located within one hundred (100) feet of the centerline intersection of two (2) streets or roads; and provided that trees and shrubs used may be of a type capable of attaining the minimum height requirement within five (5) years of planting. 3. Required Community Sanitary Facilities. For each one hundred (100) mobile home stands or fractional part thereof, an emergency sanitary facility containing one (1) flush toilet and one (1) lavatory shall be provided for each sex. The building containing such emergency sanitary facilities shall be accessible to all mobile homes. I. Park Occupancy. 1. Recreational Vehicles or Travel Trailers. No recreational vehicles or travel trailers shall be used as residences in a mobile home park. 2. Restrictions on Occupancy. A mobile home shall not be occupied for dwelling purposes unless said home is properly placed on a mobile home stand and connected to water, sewage, and electrical utilities. 3. Single Unit. All mobile homes shall be occupied as only one (1) dwelling unit and shall meet the definition of "household living" as set forth in Chapter 13 of this Code. 4. HUD Seal. All mobile homes in a mobile home park shall contain the United States Department of Housing and Urban Development seal or substantially conform to the requirements necessary to obtain said seal if said mobile home was constructed prior to the adoption of said seal. 5. Commercial Uses Prohibited. No mobile home shall be used as a store, office, or place for the carrying on of a business, trade, or profession, except as a permitted home occupation. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 38 of 45 6. Tenting. Tents and tent trailers shall not be occupied in a mobile home park. J. Nonconforming Placement or Occupation. No mobile home shall be placed or occupied except within a mobile home park complying with the provisions of this Section or a temporary placement of a mobile home under the provisions of Section 14.08.020 of the Town of Estes Park Municipal Code or §4.8 of this Code. Any mobile home parks or mobile homes in existence at the time of the enactment of this Code that fail to conform to this Section's requirements shall be governed by the nonconforming use provisions of Chapter 5. § 4.9 RECREATIONAL VEHICLE (RV) PARK/CAMPGROUND A. Applicability. All recreational vehicle (RV) parks and commercial campgrounds shall be subject to special review (§2.12) and this Section. B. Density Requirements. 1. RV Parks: Notwithstanding the density limitations of the zoning district in which the RV park use is located, the maximum density within the RV park shall be twelve (12) RV sites per acre. 2. Campground: Notwithstanding the density limitations of the zoning district in which the campground use is located, the maximum density within the campground shall be eight (8) campsites per acre. C. Site Requirements. 1. Size: a. RV parks shall have a minimum area of ten (10) acres and sites for no less than fifteen (15) recreational vehicles. Each site shall be a minimum of one thousand three hundred fifty (1,350) square feet in area, excluding roadways. b. Campgrounds shall have a minimum area of ten (10) acres and no less than fifteen (15) campsites. c. Group sites may be established within a campground, provided that they have a minimum area of fifteen thousand (15,000) square feet (excluding roadways); and provided, further, that they shall provide a minimum of four hundred (400) square feet of parking area for vehicles other than recreational vehicles for every two (2) sites within the group site. d. Separate camping areas shall be maintained for independent units, dependent units, and tents. 2. All land areas shall have an acceptable form of groundcover to prevent erosion and blowing dust. 3. One (1) tree of a species suitable for the area and climate shall be provided to each two (2) RV sites or camping spaces, and shall be located in close proximity to those sites/spaces. Existing trees should be used to satisfy this requirement. 4. Comfort stations with restrooms and other facilities shall be provided in accordance with Colorado Department of Health standards and the following requirements: a. Comfort stations shall occupy no more than ten percent (10%) of the gross park or campground area, shall be maintained primarily for the use of users, and the general public shall not be invited by advertisement or otherwise to use such service buildings. b. Comfort stations in RV parks and campgrounds shall have the following minimum facilities as set forth in Table 4.4. Table 4.4 DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 39 of 45 c. For every thirty (30) additional sites in excess of one hundred (100) sites, one (1) additional male toilet, female toilet, male lavatory, and female lavatory shall be provided. For every forty (40) additional sites in excess of one hundred (100) sites, one (1) additional male shower and female shower shall be provided. For every one hundred (100) additional sites in excess of one hundred (100) sites, one (1) additional urinal and one (1) additional female toilet shall be provided. d. Every site within an RV park or campground shall be located within a radius of at least 450 feet from a comfort station; provided, however, that in no event shall a comfort station be located closer than 75 feet to any site. D. Water Stations: Each RV park and nonprimitive campground shall contain at least one (1) water station for every one hundred (100) sites or fraction thereof. Water stations shall comply with the following standard: 1. Every water station shall be equipped with two (2) or more hydrants, a water fountain, a sump, a vacuum breaker to prevent siphonage, a shut-off valve for controlling the rate of water flow, and a flexible hose to reach the inlet of recreational vehicle water storage tanks. E. Sanitary Stations: Each RV park and nonprimitive campground shall contain a minimum of one (1) sanitary station for every one hundred (100) sites, or fraction thereof. Sanitary stations shall comply with the following standards: 1. The drainage basin of the sanitary station shall be constructed of an impervious material. 2. Sewage facilities shall be connected to a public sewer collection and treatment system. 3. The sanitary station shall be connected to the park or campground water supply and shall provide facilities for washing recreational vehicle waste holding tanks and for cleaning the general area of the sanitary station. F. Recreation Areas: Each campground and RV park shall provide and maintain an outdoor recreational area consisting of one hundred (100) square feet per site or campground space. Outdoor recreation areas include adult recreation and child play areas, as well as comfort stations, but shall not include areas devoted to parking. G. Setback and Separation Requirements. Sites within an RV park or campground shall comply with the following minimum setback and separation requirements as set forth in Table 4.5. Table 4.5 Description Minimum Setback/Separation (ft.) 1. From the perimeter property line 75 2. From existing single-family residences or accommodation use, unless such use is an accessory to the principal park/campground use. 250 [1] 3. From interior streets 10 4. From exterior and/or public roadways 50 as measured from the boundary of the right-of-way 5. Separation between sites 10 DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 40 of 45 Notes to Table: [1] The minimum setback requirement shall not apply if the site or recreational vehicle is totally obscured from sight by natural barriers or artificial screening from a distance of 100 feet from such single-family residences or accommodation use, as measured from the portion of such buildings closest to the site or recreational vehicle. H. Screening Requirements. 1. Residential areas adjoining the campground shall be screened by a fence or wall with a minimum height of six (6) feet. 2. All trash collection areas shall be screened, and protective fencing shall be provided around hazardous areas. I. Road and Parking Requirements. 1. Road systems shall be required to form a loop system only and shall be constructed in the same manner and to the same standards as an access road. If such a road system is for one-way traffic only, directional signs shall be installed. 2. Access roads shall be sixteen (16) feet in width if providing one-way traffic and twenty-four (24) feet in width if providing two-way traffic, and shall be surfaced with granular material of no greater than one- and-one-half-inch grade. 3. Entrance ways into the use, or onto access roads, off of state or federal highways shall be rounded by at least a forty-foot radius arc in order to provide convenient and safe ingress and egress to such highways without traffic obstruction. Such intersections shall also be maintained free from obstruction to visibility for a distance of one hundred twenty-five (125) feet along the access road or entrance way from its intersection with such highway. 4. Each campsite within a campground shall provide a parking space of at least two hundred (200) square feet for one (1) vehicle, other than a recreational vehicle, and such parking space shall be so constructed that no portion of such vehicle shall extend onto any roadway within the campground. J. Operational Requirements. 1. Campgrounds and RV parks shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel. 2. All recreational vehicles in an RV park or campground shall be parked in an approved RV site. 3. Each campground site shall be equipped with a numbered and color-coded sign indicator at least four (4) inches square in area and attached to a post or tree on or near the campsite, indicating the type of recreational vehicle, if any, which may be parked on the campsite. 4. If provided, electric and gas service shall meet all state and local electric and gas regulations. All utilities shall be underground. 5. Towed vehicles within the campground or RV park shall not exceed one hundred two (102) inches in width. 6. At least one (1) public telephone shall be provided. 7. Each campground or RV park shall provide at least one (1) full-time attendant. A permanent record of registrations shall be maintained. 8. Walkways within the campground or park area shall be at least four (4) feet wide with an all-weather surface. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 41 of 45 9. Streets, walkways, buildings, comfort stations, and other areas or facilities subject to nighttime use also shall be lighted for safe nighttime use, subject to lighting standards in §6.8. § 4.10 Primitive Campground A. A primitive campground is a campground providing limited or no developed facilities, where individual campsites may not be individually designated and do not include individual utility hookups. All primitive campground uses shall comply with the following standards, as well as applicable Colorado Department of Public Health and Environment (CDPHE) campground regulations, 6 CCR 1010-9: 1. Centrally located toilets or equivalent sanitary facilities shall be provided at a minimum ratio of one (1) per twenty-five (25) campsites or as required by CDPHE standards. Potable water shall be provided by a hand pump, water spigot, or clearly marked potable water source, or campers shall be notified in writing that no potable water is available. 2. Bear-proof solid waste receptacles shall be provided and emptied no less than once per week during the campground operating season. Refuse shall be disposed of at a lawful disposal site. 3. Individual campsites shall be located and spaced to provide adequate separation for fire safety and to minimize impacts to vegetation and natural resources. 4. The maximum length of stay per campsite shall not exceed fourteen (14) consecutive days. 5. Campfires shall be limited to designated fire pits or rings. All fire facilities shall be located, constructed, and maintained to minimize fire hazard, consistent with applicable county and state fire regulations. 6. All primitive campgrounds shall comply with applicable Town land use, access, and environmental review requirements. B. Longer-Stay Campground. A longer-stay campground is a campground providing developed or semi- developed facilities where campsites may include electrical, water, or sewer hookups, and where extended stays beyond standard short-term camping are permitted. All longer-stay campground uses shall comply with the following standards, as well as applicable CDPHE campground regulations, 6 CCR 1010-9: 1. Full sanitary facilities, including flush toilets, lavatories, and shower facilities, shall be provided where individual sewer hookups are not available, at the minimum ratios required by CDPHE standards. 2. Potable water shall be provided at each campsite or at centrally located water stations accessible to all campsites. 3. Where public sewer is available, all sewer connections shall be connected thereto. Where public sewer is not available, an approved private sewage collection and disposal system meeting the requirements of the Colorado Water Quality Control Commission shall be installed. 4. A maximum length of stay shall be established by the campground operator. Stays shall not exceed one hundred eighty (180) consecutive days, and no campsite shall be used as a permanent residential address. 5. Solid waste facilities, laundry facilities, and a camp host or management presence shall be provided on site during operating hours. 6. Noise from generators and other mechanical equipment shall be limited to the hours of 8:00 a.m. to 10:00 p.m. 7. All longer-stay campgrounds shall comply with applicable state sales tax, lodging tax, and short-term rental licensing requirements. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 42 of 45 § 4.11 ACCESSORY DWELLING UNITS (ADU) A. Where Permitted. Accessory dwelling units shall consist of living quarters integrated either with the principal single-family detached dwelling structure on the lot or with a detached accessory structure on the same lot as the principal dwelling. Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units. B. Size of Accessory Unit. No accessory dwelling unit shall exceed the habitable floor area of the principal dwelling unit or one thousand two hundred (1,200) square feet, whichever is less. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water, cooking and food storage facilities, and a sleeping area. C. Limit on Tenancy. Accessory dwelling units shall not be used as short-term rental units or vacation homes. Rentals of accessory dwelling units must be for terms of 30 days or longer. D. Density Calculations. Accessory dwelling units shall not count toward any applicable maximum residential density requirement. E. Limit on Number. There shall not be more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling. F. Off-Street Parking. A maximum of one (1) off-street parking space shall be provided per accessory dwelling unit. G. Lot Area. 1. Accessory dwelling units shall be permitted by right on all lots containing a principal single-family dwelling, regardless of lot size, provided all applicable dimensional, parking, and operational standards of this section can be met. 2. Lots legally non-conforming as to minimum lot size as set forth in Table 3.2 are eligible to pursue accessory dwelling unit approval by application for a conditional use permit (see § 2.11). 3. As an alternative to the CUP process, should the size of a legally non-conforming lot be at least 70% of the minimum lot size of the zone district as set forth in Table 3.2, an accessory dwelling unit shall nevertheless be a permitted use by right if the owner has placed a deed restriction or restrictive covenant on the use of the accessory dwelling unit, restricting its use to attainable or workforce housing, under the same standards and processes as described in §3.3.A.7. 4. Integrated Accessory Dwelling Units are not subject to minimum lot area standards. H. Streamlined Approval Process 1. Administrative Review Required. All accessory dwelling units, whether attached or detached, shall require administrative approval by the Community Development Department prior to building permit issuance. Administrative review shall be ministerial in nature and shall not require public notice or hearing, provided all applicable standards of this section are met. 2. Application Requirements. An application for administrative ADU approval shall include: a. Site plan demonstrating compliance with applicable setbacks, lot coverage, and parking standards; b. Floor plan of the proposed ADU and principal dwelling unit demonstrating size compliance; c. Proof of ownership. 3. Approval Timeline. The Community Development Department shall act on a complete administrative ADU application as determined by the Department. Applications deemed incomplete shall be returned with written comments from the Department. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 43 of 45 4. Existing Unpermitted ADUs. The Town may establish an amnesty period of [12] months from the effective date of this section during which owners of existing unpermitted accessory dwelling units may apply for administrative approval and legalization, subject to compliance with applicable building code and life safety standards. Units legalized under this provision shall be subject to all applicable deed restriction and registry requirements. H. Other Regulations. 1. A permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling will be located. 2. All accessory dwelling units shall comply with local building code requirements. 3. Accessory dwelling units, being ancillary to and under the same ownership as the principal dwelling unit on a lot, shall not be sold or conveyed separately from the principal dwelling unit. 4. In the case of any conflict between the accessory dwelling unit standards of this Section and any other requirement of this Code, the standards of this Section shall control. § 4.12 TINY HOMES A. Purpose and Intent. Tiny homes are intended to provide attainable housing options, support workforce housing needs, and enable innovative small-scale residential development while remaining compatible with surrounding neighborhoods. Tiny Home shall mean a dwelling unit containing less than four hundred (400) square feet of habitable floor area, excluding loft areas and porches. B. Where Permitted. 1. Tiny homes constructed on a permanent foundation shall be permitted: a. By right in R-1, RM, and any zoning district permitting multifamily dwellings. 2. Tiny homes shall not be permitted as individual detached principal dwellings in the RE, E-1, E, R, R-1, or R- 2 zoning districts except as provided in subsections (3) and (4) below. 3. Tiny homes may be permitted as accessory dwelling units in all residential zoning districts subject to the ADU standards of §4.11, provided the unit meets all applicable building code requirements for permanent residential occupancy. 4. Tiny homes may be permitted as principal dwellings within an approved Planned Unit Development, subject to the PUD standards set forth in §8.5. 5. Tiny homes on wheels (THOWs) shall not be permitted as permanent dwelling units unless expressly approved under a designated Tiny Home Community or Recreational Vehicle Park. C. Development Standards. 1. All tiny home developments shall comply with the dimensional and operational standards of the underlying zoning district as set forth in §3.3, except as expressly modified by the following standards, which shall govern where they conflict with underlying district requirements: a. Foundation and Building Code. Tiny homes shall be constructed on a permanent foundation and shall comply with all applicable building codes adopted by the Town, including the International Residential Code or such other code as the Town has adopted for residential construction. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 44 of 45 b. Required Facilities. Each tiny home shall contain permanent sanitary facilities with hot and cold running water, kitchen facilities, and a heating system suitable for year-round occupancy in Estes Park's climate. c. Permitted Development Configurations. Tiny homes shall only be permitted as part of a Tiny Home Development, defined as a grouping of three (3) or more tiny home units developed under a unified site plan and subject to the standards of this section. d. Minimum Site Area. The minimum site area for a Tiny Home Development shall be one (1) acre. This requirement may be modified through approval of a Planned Unit Development under §8.4. e. Open Space. Each Tiny Home Development shall provide shared open space equal to at least fifteen percent (15%) of the total site area. Required shared open space shall be: i. Distinct from and in addition to any private open area; ii. Accessible to all residents of the development; iii. Improved with landscaping, seating, or recreational amenities appropriate to the scale of the development; and iv. Maintained through a homeowners association, property management entity, or recorded maintenance agreement. f. Parking. Off-street parking shall be provided at a minimum of one (1) space per unit. Parking areas shall be located and screened to minimize visual impact on adjacent properties and public streets. g. Utility Connection. All tiny home developments shall connect to the public sanitary sewer system where a public sewer main is located within [300] feet of the development site. Where public sewer connection is not feasible as determined by the Town Engineer, an on-site wastewater treatment system designed and installed in accordance with Larimer County and CDPHE regulations may be permitted. h. Design Standards. Tiny homes within a Tiny Home Development shall comply with the following design standards, which are intended to ensure compatibility with the surrounding neighborhood: i. Roof Form. Roof forms shall be consistent across all units within the development and shall be compatible with the predominant roof forms of structures within [300] feet of the development site. Flat roofs shall not be permitted unless consistent with the surrounding development character; ii. Exterior Materials. Exterior materials shall be of durable, weather-resistant quality appropriate for Estes Park's climate. Reflective metal panels, unfinished concrete block, and similar materials incompatible with residential neighborhood character are prohibited; iii. Architectural Consistency. All units within a Tiny Home Development shall maintain a unified architectural character through consistent use of materials, colors, and design elements. No unit shall be architecturally incompatible with the other units in the development; and iv. Landscaping and Screening. Landscaping shall be provided along all property boundaries abutting a public street or residential use. Where a Tiny Home Development abuts an existing residential use, screening consisting of a six (6) foot fence, wall, or equivalent landscape buffer shall be provided along the shared property line. D. Tenure. Tiny homes shall not be used as short-term rentals or as vacation homes. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 45 of 45 § 4.13 MANUFACTURED HOMES A. Purpose and Intent. Manufactured homes provide an important source of attainable housing and may serve workforce, senior, and moderate-income households. The Town recognizes manufactured housing as a legitimate residential form when constructed and installed consistent with federal and state standards. B. Definition. A Manufactured Home shall mean a dwelling unit built after June 15, 1976, in compliance with the Federal Manufactured Home Construction and Safety Standards (HUD Code), designed for permanent installation on a foundation. Mobile homes constructed prior to June 15, 1976, shall not be permitted except within legally established mobile home parks. See §4.8. C. Where Permitted. 1. Manufactured homes on permanent foundations shall be permitted: a. In all residential districts. b. As part of Planned Developments in other residential districts. 2. Manufactured homes shall not be permitted in RE or E districts except within existing lawful manufactured home communities. D. Dimensional Standards. Manufactured homes shall comply with all applicable lot size, height, setback, and lot coverage standards of the underlying zoning district. E. Short-Term Rental Prohibition. Manufactured homes shall not be used as short-term rental units. DRA F T Estes Park, Colorado, Development Code CHAPTER 5. NONCONFORMING USES, STRUCTURES AND LOTS Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 1 of 4 CHAPTER 5. NONCONFORMING USES, STRUCTURES, AND LOTS § 5.1 APPLICABILITY AND PURPOSE A.The provisions of this Chapter shall apply to uses, structures, and lots that were legally established as of the effective date of this Code, XX, or any subsequent amendment hereto, but that become nonconforming as a result of the application of this Code or amendment. The provisions of this Chapter do not apply to signs, parking, or new developments approved after the effective date of this Code. For provisions applicable to nonconforming signs, see Chapter 11. B.The Town of Estes Park recognizes that continued use, alteration, or expansion of nonconforming uses and structures may be desirable where impacts from such activities are limited. This Chapter allows the continuation of lawfully established nonconforming uses and structures while protecting the public health, safety, and welfare of the community, and establishes limitations and procedures for the review of the expansion, alteration, and restoration of nonconforming uses and structures. C.When a parcel is rezoned from one zoning district to another, the provisions of this Chapter regarding nonconforming uses, lots, and structures shall apply to that parcel, including: 1.Any nonconforming conditions that existed on the parcel prior to the rezoning; and 2.Any nonconforming conditions created by the rezoning action itself. D.The burden of demonstrating that a use, structure, or lot is nonconforming shall be on the property owner asserting the nonconforming status. E.The limitations of this Chapter are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses, and the reestablishment of nonconforming buildings and structures that have been substantially destroyed. F.The existence of a legal nonconformity shall not, in and of itself, create a vested property right under Colorado law. A vested property right is created only as described in §2.17, or through a determination by a court of competent jurisdiction that the action by the Town has created a common law vested property right. G.Annexation. Non-conformities must be brought into compliance with all Town regulations before annexation, and those non-conformities that are to be permitted to continue as legal non- conformities must be identified in the Ordinance annexing the property. § 5.2 CONTINUATION OF NONCONFORMING STRUCTURES A.Authority to Continue. Nonconforming structures shall be allowed to continue in accordance with the requirements of this Chapter, provided they remain otherwise lawful and have not been abandoned, discontinued, or altered in accordance with this Section. B.Repairs and Maintenance. Repairs and normal maintenance (refer to §13.3.184 for definition) required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance. C.Alteration/Extension of Nonconforming Structures. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 2 of 4 1. A nonconforming structure may be expanded and/or altered if the expansion or alteration does not increase the nonconforming aspect by more than twenty percent (20%) of the existing building element, as measured by area, height, distance, or applicable dimension. 2. Expansion or variations of nonconforming aspects or building elements shall not be cumulative, whereby the expansion or variation of each nonconforming aspect or building element on a subject property shall be measured and determined as individual elements relative to the twenty percent (20%) standard. There shall be no limit to the number of nonconforming aspects or building elements altered, extended, expanded, or varied on a subject property under the provisions of this section 3. Expansion or variation of a nonconforming aspect or building element shall be classified as a Minor Amendment per §2.8 and shall be reviewed administratively. The Community Development Director may refer applications for Minor Modifications to expand or vary a nonconforming structure to the Board of Adjustment as a Development Plan per §2.6. 4. Expansion beyond twenty percent (20%) of the existing nonconforming area or dimension requires: a. A Variance approved pursuant to §2.15; and b. Demonstration that the expansion will not adversely affect adjacent properties or the character of the zoning district and will not violate other applicable Sections of this Chapter as determined by the Community Development Director. 5. An established, nonconforming accessory dwelling unit may be altered, extended, expanded, or varied in accordance with the requirements of §5.2.C above. 6. The following are exceptions to the expansion and/or alteration of nonconforming structures and are permitted: a. The installation of renewable energy systems or devices on a building containing a nonconforming use or on a nonconforming structure shall be permitted. b. The remodel or expansion of a nonconforming structure to comply with the Americans with Disabilities Act, the Fair Housing Act, or similar state or federal legislation, or to comply with requirements of another governmental entity with jurisdiction over the property, shall be permitted and shall be reviewed as a Minor Amendment pursuant to §2.8. § 5.3 CONTINUATION OF NONCONFORMING USES A. Authority to Continue. Nonconforming uses shall be allowed to continue in accordance with the requirements of this Chapter, provided they remain otherwise lawful and have not been abandoned, discontinued, or altered in accordance with this Section. B. Repairs and Maintenance. Repairs and normal maintenance (refer to §13.3.184 for definition) required to keep structures containing nonconforming uses in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance. C. Alteration/Extension of Nonconforming Uses. 1. Alteration/Extension of Nonconforming Uses Prohibited. Subject to the provisions of this Chapter, except as allowed in §5.2, a nonconforming use shall not be altered or extended. The extension of a nonconforming use to a portion of a structure constructed for the expressed occupation and use of the subject nonconforming use prior to the adoption of this Code shall not be considered an extension of the subject nonconforming use. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 3 of 4 § 5.4 CHANGE OF NONCONFORMING USE A. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the zoning district, and after the change, it shall not be changed back again to a nonconforming use. B. A nonconforming use may be changed to a conforming use in phases over time, provided that such phasing is in accordance with a development plan approved pursuant to the procedures set forth in §2.6 of this Code. § 5.5 DISCONTINUANCE OF NONCONFORMING USE A. If a nonconforming use is abandoned or discontinued for a period of twelve (12) consecutive months, its nonconforming status shall terminate. Further use of the structure or property shall be for a conforming use only. § 5.6 DAMAGE TO OR DESTRUCTION OF A NONCONFORMING STRUCTURE OR STRUCTURE CONTAINING NONCONFORMING USE A. If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by fire, flood, wind, explosion, or act of God, the nonconforming structure or use may continue in compliance with the following: 1. Restoration shall commence within one (1) year of such calamity, as demonstrated by submission of a Building Permit, and 2. Restoration shall be completed within three (3) years of initiating restoration, as evidenced by receiving a Certificate of Completion/Occupancy . 3. The Chief Building Official may grant extensions of the time periods specified in subsections (1) and (2) above upon a showing of just cause. 4. Any restoration shall be completed in a manner to comply with applicable local and state wildfire and flood prevention requirements; provided, however, that such compliance shall not require the elimination or modification of the nonconforming aspects of the use, structure, or lot that are unrelated to wildfire or flood safety. The nonconforming use may continue, and dimensional nonconformities (including but not limited to setbacks, height, lot coverage, and density) may be maintained to the extent they existed prior to the calamity, unless such dimensional characteristics directly conflict with specific wildfire or flood prevention requirements applicable to the structure's reconstruction. § 5.7 USES ALLOWED ON NONCONFORMING LOTS A. Nonconforming Lots in Residential Zoning Districts. In all residential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by the permitted uses defined in the underlying zoning district. Residential uses on nonconforming lots are subject to all applicable underlying zoning district and development standards and may be expanded, altered, or varied in accordance with §5.3. B. Nonconforming Lots in Nonresidential Zoning Districts. In all nonresidential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by the permitted uses defined in the underlying zoning district. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 4 of 4 1. A lot in a non-residential zone district that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by a by-right accommodations use. However, it shall not be developed on a lot with an area less than: a. Forty thousand (40,000) square feet in the A zoning district, or b. Fifteen thousand (15,000) square feet in the A-1 zoning district. c. Such uses shall be subject to all other applicable zoning district and development standards unless a variance is granted by the Board of Adjustment. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 1 of 69 CHAPTER 6. GENERAL DEVELOPMENT STANDARDS § 6.1 SLOPE PROTECTION STANDARDS The topography of Estes Park is a defining feature of the community's natural character and contributes to its identity as a gateway to Rocky Mountain National Park. Development on or adjacent to steep slopes presents significant risks to public safety and environmental quality, including accelerated erosion, soil instability, slope failure, disruption of natural drainage patterns, and loss of native vegetation and habitat. This Section protects the public health, safety, and welfare by establishing minimum standards for development on steep slopes; preserving the natural topographic character of the community; minimizing grading, vegetation removal, and impervious surface coverage on sensitive slopes; and ensuring that development is compatible with the surrounding landscape. A.Density Calculation for Residential and Accommodation Development on Steep Slopes in Excess of 12%. 1.Applicability. These density calculation provisions shall apply to all developments, including modifications to, expansions of, or changes in the use of existing development, on lots where the average slope exceeds 15%. 2.General Rule. Notwithstanding the maximum densities permitted by the underlying zoning district, the minimum lot area for new residential and accommodation development on parcels containing slopes of twelve percent (15%) or greater shall be determined by the following formulas: a.All Residential Zoning Districts (Except RM): For each percentage point by which the average slope exceeds twelve percent (15%), the base zone minimum lot area requirement shall be increased by one thousand (1,000) square feet, as shown in Table 6.1 below. Table 6.1 Density Calculation/Lot Area Adjustment for Steep Slopes by Zoning District b.RM Zone: For each percentage point by which the average slope exceeds twelve percent (12%), the base zone minimum land area per unit requirement (three thousand six hundred [3,600] square feet per unit = maximum density of twelve [12] dwelling units per acre shall be increased by three hundred (300) square feet per dwelling unit. Zoning District Adjusted Minimum Lot Area (Square Feet) @ "x"% Slope Base Minimum Lot Area E-1 E R R-1 R-2 (SF) R-2 (2-F) 33,000 38,500 44,000 49,500 55,000 DRA F T Created: 2024-09-16 09:26:52 [EST] Page 2 of 69 c. A Zone: i. Accommodation development shall comply with the base zoning minimum lot area of forty thousand (40,000) square feet. ii. In addition, for each percentage point by which the average slope exceeds twelve percent (12%), the base zoning minimum land area per unit requirement (one thousand eight hundred [1,800] or five thousand four hundred [5,400] square feet per unit) shall be increased by one hundred (100) or three hundred (300) square feet per unit, respectively. iii. Single-family or two-family uses in the A Zone shall comply with the base zoning minimum lot area of forty thousand (40,000) square feet. In addition, for each percentage point by which the average slope exceeds twelve percent (12%), the base zone minimum land area per unit requirement (nine thousand [9,000] square feet for SF uses and six thousand seven hundred fifty [6,750] square feet for 2-F uses) shall be increased by three hundred (300) square feet per dwelling unit. d. A-1 Zone: Development shall comply with the base zoning minimum lot area of fifteen thousand (15,000) square feet. In addition, for each percentage point by which the average slope exceeds twelve percent (12%), the base zone minimum land area requirement per dwelling unit or accommodation unit (ten thousand eight hundred ninety [10,890] square feet per unit) shall be increased by six hundred five (605) square feet per unit. 3. Development on steep slopes is subject to the requirements of the Natural Resource Protection Standards in §6.5.F. Figure 6-1 B. Development Restrictions on Steep Slopes. 1. Applicability. These development restrictions shall apply to all new development, except for development on lots that were approved for single-family residential use and that do not propose new structures or additions exceeding two hundred (200) square feet of floor area, use prior to the effective date of this Code. See also §6.5.J for standards related to development in Geologic Hazard Areas. 2. New Structures-Existing Slopes in Excess of Thirty Percent. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 3 of 69 a. New development proposed to be built on any portion of a site containing a slope of thirty percent (30%) or greater shall be subject to review and approval of a development plan pursuant to §2.6 of this Code. This provision applies to development that would otherwise be exempt from the development plan review process (e.g., single-family developments containing fewer than three [3] units). b. The Department shall review all such development plans and evaluate them according to the following standards: i. Site disturbance shall be minimized to the maximum extent practicable (see §6.2.D, "Limitations on Site Disturbance" below); ii. Cuts for utilities and access driveways shall be shared to the maximum extent feasible; iii. To the maximum extent feasible, new construction shall not take place on any portion of a parcel that shows evidence of slope instability, landslides, avalanches, flooding, or other natural or manmade hazards (see §6.5.J, "Geologic and Wildfire Hazard Areas" below); iv. The Applicant shall demonstrate that the slope's ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard both on-site and on adjacent properties. c. For purposes of this subsection, steepness of slope shall be measured from the points with the highest and lowest elevation within five (5) feet of any portion of the proposed structure. 3. Structure Clearance from Steep Slopes. Structure clearance from ascending or descending slopes greater than thirty percent (30%) shall comply with the requirements set forth in the applicable Building Code provisions. 4. Grading, Clearing, and Excavation-Slopes in Excess of Thirty Percent. Clearing, excavation, and grading on slopes greater than thirty percent (30%) would not be allowed unless expressly approved through a development plan. 5. Roads/Driveways-Slopes in Excess of Thirty Percent. Shared driveways and access to sites or lots containing slopes in excess of thirty percent (30%) shall be utilized to the maximum extent feasible. See also "General Site Access" and "Intersection and Driveway Visibility" in Appendix D. C. Ridgeline Protection Standards. 1. Applicability. This Section shall apply to all new developments on land identified on the Estes Valley Ridgeline Protection Map designates ridgeline protection areas. If the site contains an identified ridgeline, the Applicant may, through site-specific visual analysis, demonstrate that the proposed development is not located on it. Such a finding is available only to single-family and two-family residential development on residential-zoned lots as set forth in §6.1.D. The Department may not waive ridgeline protection standards for residential subdivisions, multi-family developments, or non- residential developments. 2. Building/Roof Design for Ridgeline Protection. Development subject to this subsection shall be designed and sited to minimize the visible intrusion of buildings and structures above the designated ridgelines or above existing ridge-top trees or vegetation, and thus preserve identified scenic views across or through the site. Techniques to meet this standard shall include, but are not limited to, careful consideration of architectural design, building massing, siting, building colors and roofing materials, and the use of native landscaping or other permitted screening materials. For example, compliance with this standard may require siting a building below a ridgeline to provide a solid mountain backdrop. See Figure 6-2. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 4 of 69 3. Ridgeline Setback. a. No structure, graded surface, or impervious area shall be located within fifty (50) horizontal feet of the ridgeline, measured from the nearest point of the structure to the ridgeline at natural grade. Setback distances shall be measured horizontally, not along the slope face. b. The Department may require a setback greater than fifty (50) feet where topographic conditions, existing vegetation height, or visual analysis demonstrate that a larger setback is necessary to prevent sky-piercing intrusion as viewed from identified viewpoints. c. No clearing, grading, or excavation shall occur within the ridgeline setback zone, except for underground utility installation with no permanent surface disturbance upon completion. 4. Grading and Site Disturbance Standards. Development shall comply with the requirements of §6.2.B, limiting alterations to natural grade and topography and preserving ridgelines, view sheds, and native wildlife habitat. Figure 6-2 5. Development Plan. All development subject to these ridgeline protection standards shall submit a development plan, including a visual analysis of the proposed development, for Department review and approval pursuant to §2.6 of this Code. a. This provision applies to development that would otherwise be exempt from the development plan review process (e.g., single-family developments containing less than three [3] units). The required visual analysis shall include a photographic simulation of the development, from viewpoints as determined by the Department. 6. Design Standards. See §6.2, "Grading and Site Disturbance Standards" below. D. Planning Commission Review or Waiver of Ridgeline Protection Standards. 1. Applications for development of single-family and duplex residential structures on residential zoned lots subject to the requirements of this section and which meet the lot area requirements in Table 6.1 may apply for review of a Ridgeline Protection Standards Waiver in accordance with the procedures set DRA F T Created: 2024-09-16 09:26:52 [EST] Page 5 of 69 forth in this section. The Review Body may grant such waivers or modifications to the ridgeline protection standards only if it finds, based on substantial evidence presented by the Applicant, that the following conditions are satisfied: a. Application of the ridgeline standards renders the site undevelopable; or b. Application of the ridgeline standards will result in a substantial economic hardship (as defined in Chapter 13), and the economic hardship is not created by the Applicant or otherwise self- imposed; and c. The development conforms with all other development, site design, and environmental standards set forth in this Chapter and in all other applicable ordinances and codes. 2. In granting a waiver from or modification of the ridgeline protection standards set forth in this Section, the Department may impose conditions if the effect of the conditions is to reduce the adverse impacts of the development, including but not limited to a reduction in maximum building height below what would otherwise be permitted in the applicable zoning district. 3. Residential subdivisions, multi-family, and non-residential development applications are not eligible for Administrative Review or Waiver of the requirements of this section. § 6.2 GRADING AND SITE DISTURBANCE STANDARDS A. Purpose and Intent. The purpose of these standards is to: (1) protect Estes Park’s natural topography, viewsheds, ridgelines, and ecological character from excessive grading and land disturbance; (2) minimize erosion, sedimentation, and stormwater runoff from development; (3) preserve native vegetation, significant trees, and wildlife habitat; (4) ensure development fits natural contours rather than altering the land to fit development; and (5) prevent development on unstable or hazardous slopes. These standards shall be interpreted to ensure the appropriate balance between private development and protection of community health, safety, and welfare. B. Applicability. These grading and site disturbance standards shall apply to all development, including single- family and two-family residential development and modifications to or expansions of existing development, . C. Grading Standards. 1. Grading Prohibited Without Prior Approvals/Permits. No grading, excavation, or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services, or for any roads or driveways, prior to final approval of a grading and excavation report/plan submitted in support of the project development plan or the issuance of a building permit. 2. Limits on Changing Natural Grade. The original, natural grade of a lot shall not be raised or lowered more than ten (10) feet at any point for the construction of any structure or improvement, except: a. For foundation walls incorporated into the principal structure to allow for walk-out basements; or b. The site's original grade may be raised or lowered a maximum of twelve (12) feet if a retaining wall or terracing is used to reduce the steepness of manmade slopes, provided that the retaining wall or terracing complies with the requirements set forth in this Section. See Figure 6-3. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 6 of 69 Figure 6-3 3. Cutting to Create Benches. Natural grade shall be preserved to the maximum extent possible. Cutting and grading to create development benches or pads beyond the standards set forth in this section are not permitted. a. Changes to natural grade shall not exceed the ten (10) and twelve (12) foot limitation in §6.2.C above. See Figure 6-4. b. Buildings should be stepped and articulated, per Figure 6-4, so that building massing is broken up and structures are articulated to conform to and preserve natural grade. Figure 6-4 DRA F T Created: 2024-09-16 09:26:52 [EST] Page 7 of 69 4. Grading for Accessory Building Pads Prohibited. Separate pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar facilities, shall be prohibited except where the average natural slope is twenty percent (20%) or less, as measured from the points with the highest and lowest elevation within five (5) feet of any portion of the proposed accessory structure or building. 5. Limits on Graded or Filled Manmade Slopes. a. To ensure stability, drainage, and limit hazards to public or private property, the finished grade shall not exceed 25%. b. Graded or filled manmade slopes in excess of 25% require a soils engineering or a geotechnical report stamped by a Colorado Licensed Engineer and shall be engineered to ensure they do not create a hazard to public or private property. c. To limit site disturbance and promote safe road development and site access, graded or filled manmade slopes associated with road construction may exceed a slope of fifty percent (50%) (1.33:1 slope). Soil engineering and a geotechnical report, stamped by a Colorado-licensed engineer, are required to verify the slope design prior to approval. 6. Retaining Walls. Limited use of retaining walls is encouraged to reduce the steepness of manmade slopes and to provide planting pockets on steep slopes conducive to revegetation, subject to the following standards (See Figure 6-5): a. Retaining walls shall be used to provide breaks in manmade slopes exceeding thirty percent (30%) at vertical height intervals not to exceed four (4) feet, and to provide planting pockets between terraces at each break. b. Retaining walls may be permitted to support steep slopes but shall not exceed six (6) feet in height from the finished grade, except for: i. A structure's foundation wall, or ii. As necessary to construct a driveway from the street to a garage or parking area, or iii. As otherwise expressly allowed by this Section or Chapter. c. Retaining walls are considered structures and shall not be located within setback areas. Retaining walls visible from adjacent residential properties or public rights-of-way shall be screened with approved vegetation per §6.3, "Landscaping, Buffering, and Tree Protection" below. d. Retaining walls greater than four (4) feet in height shall be designed by a Licensed Colorado Engineer and reviewed and approved as part of the development plan review process or, where a development plan is not required, as part of the building permit application. e. The width of the terrace between any two (2) vertical retaining walls four feet or less in height shall be at least three (3) feet. Retaining walls higher than four (4) feet shall be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated. See §6.3, "Landscaping, Buffering, and Tree Protection" below. f. Retaining walls visible from an arterial street or highway, or from public open areas or parks, shall be screened by vegetation or constructed of constructed with wood, stone, or other earth-colored materials that blend with the surrounding natural landscape. g. All retaining walls shall comply with applicable Building Code provisions, except that when any provision of this Section conflicts with any provision set forth in the Building Code, the more restrictive provision shall apply. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 8 of 69 Figure 6-5 7. Vegetative Screening. Vegetative screening shall be required for any structure located within two hundred (200) horizontal feet of the ridgeline setback zone boundary, or where the Department determines through visual analysis that the structure is visible from an identified viewpoint. Required vegetative screens shall: a. Consists of native species appropriate to the site's elevation and plant community, as listed in the Estes Valley Approved Plant List; b. Be planted at a minimum installed height of six (6) feet; c. Be positioned between the structure and identified viewpoints to maximize screening effectiveness. d. Vegetative screening requirements for development subject to this Section may be reviewed, and alternative plantings approved by the Community Development Director to ensure compliance with adopted wildfire protection codes. 8. Filling or Dredging of Waterways Prohibited. Filling, draining, or dredging of water courses, wetlands, gullies, stream beds, or stormwater runoff channels is prohibited, except as authorized with a floodplain development permit or with an approved development plan. 9. Detention/Stormwater Facilities. Where detention basins and other storm and erosion control facilities may be required, any adverse visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent feasible. See Figure 6-6. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 9 of 69 Figure 6-6 D. Restoration of Disturbed Areas. 1. Follow Natural Contours. All disturbed areas shall be restored as natural-appearing land forms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. 2. Revegetation Required. Areas disturbed by grading shall be contoured so they can be revegetated and shall be revegetated within one (1) growing season after construction, using native species similar to those growing on the site when such revegetation does not contribute to hazards. Revegetation shall be sufficient to provide erosion control and to prevent the invasion of noxious or invasive plant species as defined under the Colorado Noxious Weed Act. (See also §6.3 regarding tree/vegetation preservation and landscaping requirements). Plans for revegetation of cut-and-fill and graded slopes shall be included in the landscaping plan submitted as part of the project development plan approval process. 3. Constructed Slopes Greater than Twenty-five Percent. On man-made slopes of twenty-five percent (25%) or greater, plant materials with deep-rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. 4. Constructed Slopes Greater than Fifty Percent. On man-made slopes greater than fifty percent (50%), the Department shall require additional stabilization measures such as erosion netting or hydro-mulching to ensure adequate stabilization and revegetation. 5. Topsoil Stockpiled. To the maximum extent feasible, topsoil that is removed during construction shall be stockpiled and conserved for later use on areas requiring revegetation or landscaping, such as cut- and-fill slopes. E. Limitations on Site Disturbance. 1. Establishment of Limits of Disturbance. The Applicant shall propose, and the Decision-Making Body shall establish on each preliminary and final subdivision plat and on each project development plan, a "limits of disturbance" ("LOD") line(s) according to the criteria set forth below. The LOD shall indicate the specific area(s) of a lot, lots, or site within which the developed project (including buildings, accessory structures, and driveways) may be constructed and within which the development activity shall be contained. See the definition at §13.3. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 10 of 69 2. Criteria for Establishing LOD. In establishing the LOD, which may be multiple and noncontiguous on a site, the following criteria shall be taken into account: a. Avoidance of visual impacts, including but not limited to ridgeline protection areas, steep slopes, and scenic views. b. Avoidance of steep slopes in excess of thirty percent (30%) and other erosion prevention and control measures, including but not limited to protection of natural drainage channels and compliance with an approved stormwater drainage management plan. c. Preservation of forests, significant native trees, rock outcroppings or formations, and other significant native site vegetation. d. Wildfire prevention and safety, including but not limited to the location of trees and vegetation near structures. e. Mitigation of other geologic hazards, including potential adverse impacts on downslope and adjacent properties. f. Riparian habitat, stream corridors, and wetland protection and buffering. g. Floodplains, floodways, flood fringes, and flood hazards. h. Protection of critical wildlife habitat areas and riparian areas consistent with §6.7 of this Code. i. The practical needs of approved construction activity in terms of ingress and egress to the developed project and necessary staging and operational areas. Figure 6-7 DRA F T Created: 2024-09-16 09:26:52 [EST] Page 11 of 69 3. Limits of Disturbance: Development Standards and Guidelines. a. No construction activity, including, without limitation, grading, excavation, or stockpiling of fill material, shall be permitted within the limits of disturbance, whether to provide for a building site, on-site utilities or services, or for any roads or driveways, prior to the approval of any required erosion and sedimentation control plan for the development. b. No development, grading, or vegetation removal or alteration shall occur as a part of the development project or associated construction activity outside the LOD except as provided below. i. Mitigation of development activities; ii. Restoration of previously disturbed or degraded areas; iii. Utility installations and emergency public safety activities when such activities and installations cannot reasonably be contained within the LOD or other nearby developed areas; iv. Construction of a trail or pedestrian walkway that will provide public access for educational or recreational purposes when such trails or walkways cannot reasonably be contained within the LOD or other nearby developed areas; or v. Restoration or remediation of native habitats and ground cover that supports the Wildlife Protection Standards in §6.7. 4. Designation on Final Plats and Plans. Approved LODs shall be shown on the preliminary and final subdivision plats (for subdivisions with average slopes exceeding thirty percent [30%]) and on construction plans (for all other development), with a note on plats referencing the LOD established on approved construction plans where applicable and on the development plan for each lot or development site. 5. Standards For Protection During Construction. LODs shall be designated in the field prior to commencement of excavation, grading, or construction with construction barrier fencing or other methods approved by the Department. For the protection of trees and clumps of trees to be preserved within a LOD, tree protection specifications as required in §6.3.E below shall be followed. § 6.3 LANDSCAPING, BUFFERING, AND TREE PROTECTION A. Purpose and Intent. This Section establishes standards to protect and enhance Estes Park's appearance by preserving significant trees and establishing the requirements for the installation and maintenance of appropriate landscaping and buffering materials. This Section encourages the preservation of native plant communities and ecosystems and requires the incorporation of adequate landscaping into development. These standards encourage skilled installation and ongoing maintenance of all plant materials and establish procedures for the administration and enforcement of this Section. B. Applicability. These tree and vegetation protection standards shall apply to all new and existing development. C. Exemptions for Specific Activities. The following activities shall be exempt from this Section: 1. The removal of dead or naturally fallen trees or vegetation, or trees or vegetation that are found by the Town to be a threat to the public health, safety, or welfare; 2. The selective and limited removal of trees or vegetation necessary to obtain clear visibility at driveways or intersections (See Appendix D), or for the purpose of performing authorized field survey work; 3. The removal of trees or vegetation on land zoned or lawfully used for: DRA F T Created: 2024-09-16 09:26:52 [EST] Page 12 of 69 a. Agricultural and forestry activities, including tree farms and approved forestry management practices, except that if a site is substantially cleared of trees pursuant to legitimate forestry activities, no subdivision or development plan applications shall be accepted for thirty-six (36) months from the date the clearing is completed; or b. Commercial garden centers, greenhouses, or nurseries. D. Tree/Vegetation Removal. 1. Outside Approved Limits of Disturbance. No trees or vegetation shall be removed outside the approved limits of disturbance except as specifically exempted in this Section or Chapter. See §6.2.D above regarding limits on site disturbance. For development not subject to a formal LOD, the default no- disturbance area shall conform to the front, rear, and side yard setbacks established for the applicable zone district, and twenty-five (25) feet from the dripline of any significant tree shall apply unless otherwise modified by the Department through development plan review. 2. Within Approved Limits of Disturbance. a. Significant trees (deciduous trees four-inch DBH or larger, conifers eight-inch DBH or larger) and vegetation within the limits of disturbance shall be preserved or replaced as set forth in subsection 5 below. This standard shall not apply to tree/vegetation removal adjacent to structures in order to comply with the Colorado Wildfire Resiliency Code. b. Any existing trees or vegetation that are in appropriate locations, in sufficient quantities, and of acceptable quality to be utilized to fulfill landscaping or buffering requirements of this Code shall be preserved to the maximum extent feasible. 3. Wildfire Hazards and Tree/Vegetation Removal. This Section establishes standards governing the removal and management of trees and vegetation where fire mitigation and defensible space objectives intersect with the site disturbance, ridgeline protection, and steep slope standards of this Code. These standards are intended to be consistent with and shall not be less restrictive than the Colorado Wildfire Resiliency Code (CWRC), adopted by the Estes Valley Fire District and the Town of Estes Park. All new structures on parcels subject to this Section shall establish and maintain defensible space consistent with the Colorado Wildfire Resiliency Code, as amended. 4. Tree/Vegetation Removal for Views Prohibited. No trees or vegetation shall be removed for the sole purpose of providing open views to or from structures on a site. 5. Replacement of Significant Trees. Except for significant trees removed for purposes of wildfire hazard mitigation in accordance with the CWRC, and except for trees removed through an expressly approved construction activity, when a significant tree or trees are removed from a site, the property owner or developer shall replace such tree(s) on the lot, according to the following schedule and requirements: a. A significant deciduous tree that is removed shall be replaced on a like-for-like basis where consistent with the Colorado Wildfire Resiliency Code defensible space requirements, each with a minimum size of two-and-one-half-inch caliper. b. A significant coniferous tree that is removed shall be replaced by two (2) trees, each with a minimum height of six (6) feet. c. Alternatively, with Department approval, acceptable replacement trees shall be determined by a person or firm qualified by training or experience to have expert knowledge of the subject. Alternatively, the valuation of removed trees may be established in accordance with the Valuation of Trees, Shrubs and Other Plants, prepared by the International Society of Arboriculture, and, with Department approval, replaced with landscaping of equal dollar value. E. Tree/Vegetation Protection During Construction/Grading Activities. See Appendix D for tree/vegetation protection standards during construction or grading activities. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 13 of 69 F. Approval of Landscaping and Buffering Plan. 1. Alternatives to the specifications concerning minimum plant sizes and quantities set forth in this Section, may be authorized by the Decision-Making Body, provided that the Applicant submits a detailed landscaping plan created by a landscape architect or other design professional, and that the Decision- Making Body determines that the proposed landscaping satisfies the purpose and intent of this Section. 2. The landscaping plan shall be consistent with the provisions established in the Colorado Wildfire Resiliency Code and §6.6 of this Chapter. 3. No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping and buffering plan: a. Such a plan has been fully implemented on the site and inspected by the Department. b. Such plan, which cannot or will not be implemented immediately because of seasonal conditions or phasing, has, however, been guaranteed by an improvement agreement (or included in an approved development agreement) in a form agreeable to the Town and secured by a letter of credit, cash escrow or other instrument acceptable to the Town, in an amount equal to one hundred fifteen percent (115%) of the cost of materials and labor for all elements of the landscape plan. c. A landscaping plan, including sizes and quantities, details regarding revegetation, and irrigation, shall be submitted to the Department prior to inspection. G. General Landscaping Design Standards. The following minimum standards shall apply to all landscaped areas developed under this Section. See Subsections E through I below provide additional specific landscaping requirements for multi-family, accommodation, and nonresidential developments. 1. Aesthetic Enhancement Requirements. Landscaping shall be used in the design to enhance the property's aesthetic quality by adding color, texture, and visual interest, while obscuring views of parking and unsightly areas and uses. In locations where new development alters distinctive natural landscapes, the selection and arrangement of new plantings shall be designed to complement and enhance the site's natural landscape character. 2. Plant Materials. a. Use of Native or Adaptive Plant Materials. Refer to the "Community Development Recommended Plant List" for lists of plant materials considered native or appropriate. The "Community Development Recommended Plant List" is an administrative advisory document and shall not be construed as limiting landscape species choices to those listed, nor construed as excluding other landscape species choices; provided, however, that in identified important wildlife habitat areas in accordance with this Code, the provisions of §6.7 shall apply. The "Community Development Recommended Plant List" is available by request from the Community Development Department and on the Town's website. In order to further water conservation and to assure adequate growth and survival of new plantings, all landscape plans shall be comprised entirely of native or adapted plants that reflect the surrounding plant materials and environment. All proposed plant materials shall be chosen from these lists unless the Department approves an equivalent alternative. b. Fire-Resistant and FireWise Guidelines. In addition to the "Community Development Recommended Plant List", the following two (2) documents (or their successors and updates) are also recommended: "Fire Resistant Landscaping" (Fact Sheet No. 6.303, CSU Extension) and "FireWise Plant Materials (Fact Sheet No. 6.305, CSU Extension). These documents (or their successors and updates) shall be available through the Community Development Department and shall be distributed by the Department upon request. c. Existing Plant Materials. Healthy, existing trees, grasses, and shrubs shall be incorporated into the landscape to the maximum extent feasible. These existing plants shall be shown on the landscape DRA F T Created: 2024-09-16 09:26:52 [EST] Page 14 of 69 plan and labeled as "existing." Similarly, existing and retained trees shall be listed on the plan's plant list with their current size shown. d. Landscaping Credit. Existing trees and shrubs shall be credited against landscaping requirements, provided that they meet applicable standards such as size and location requirements. e. Preservation of Existing Trees. If located within twenty-five (25) feet of a property line at the street, no existing tree of four (4) inches DBH or greater, or dense stand of trees or shrubs of four (4) or more feet in both depth and height shall be removed, unless dictated by plant health, access, safety, or identification of the premises, all as determined by the Department. See §6.3, "Tree above, for additional requirements regarding preservation of existing and significant trees and plant material. f. Root zones. The landscape design shall take retained, existing trees into consideration, with an adequate area around each tree free of impervious material to allow infiltration of water and air. This pervious area shall be equal to one and one-half (1.5) times the drip line of the tree. The root zones of existing trees and shrubs to be preserved shall be protected from unnecessary disturbance due to cut or fill grade changes. The location of underground utility lines shall be carefully planned to avoid unnecessary disturbance of root zones that would threaten the survival of existing trees and shrubs to be preserved. If 1/3 of the tree's roots will be impacted by excavation, compaction, or excessive fill, then the tree should be removed. (See also Appendix D for protection of trees/vegetation during construction activities.) g. Species Mix. Species variation is required for all landscape plans because species uniformity can result in disease susceptibility and eventual demise of a large portion of a landscape at one time. Landscape plans shall exhibit species variation. No single species shall comprise more than thirty-three percent (33%) of the total number of trees, nor more than fifty percent (50%) of the total number of shrubs, on any landscape plan. Landscape plans shall exhibit species variation that increases with the number of trees proposed. h. Plant Sizes. At the time of installation, plants shall be no smaller than the following: i. Deciduous trees: a) Fifty percent (50%) of the amount on site: four-inch caliper. b) Fifty percent (50%) of the amount on site: two-inch caliper. ii. Evergreen trees: a) Fifty percent (50%) of the amount on site: eight (8) feet tall. b) Fifty percent (50%) of the amount on site: six (6) feet tall. iii. All shrubs: five-gallon. It may be necessary for the plant size to exceed these minimums to meet special buffering or screening needs. Individual species' growth rates and patterns shall be considered when selecting plant installation size. i. Plant Quality. All plant material shall meet the American Association of Nurserymen specifications for Number 1 grade, and shall comply with the quality standards of the Colorado Nursery Act, Title 35, Article 26, C.R.S., as amended. j. Plant Quantity. See Subsections E through I below for the quantity of landscaping required for each specific use category subject to this Section's requirements. 3. Location and Arrangement of Required Landscaping. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 15 of 69 a. The selection and arrangement of new plantings shall be planned to create visual appeal, to provide effective screening, to define site circulation, and to enhance the use of the site. b. All required landscaping elements shall be located on the property they serve. Landscaping located on adjacent properties or street rights-of-way shall not count toward the landscaping requirements of this Section. c. All required landscaping shall be located outside of any adjacent right-of-way unless a waiver is received from Estes Park. d. Trees shall be planted to allow for normal growth in height and shape without the need for excessive pruning. Refer to the "ComDev Recommended Plant List" for spread characteristics. e. Trees shall be planted no closer than seven (7) feet from any structure and shall be installed with at least fifty-five (55) square feet of nonpaved area around the trunk. f. No trees shall be planted within five (5) feet on either side of water or sewer main lines. All plantings shall be set back from overhead power lines or be of a type whose structure will not grow high enough to interfere with the power lines. g. Trees with a mature height of more than twenty-five (25) feet shall not be planted under utility lines. Refer to the "ComDev Recommended Plant List" for height characteristics. h. Plants that will exceed six (6) inches in height shall not be planted within three (3) feet of a fire hydrant. Refer to the "ComDev Recommended Plant List" for height characteristics. i. No trees shall be located within twenty-five (25) feet of street intersections or ten (10) feet from fire hydrants and utility poles. 4. Restoration and Revegetation of Disturbed Areas. All portions of the site where existing vegetative cover is damaged or removed that are not otherwise covered with new improvements shall be successfully revegetated with a substantial mixed stand of native or adapted grasses and ground covers. The density of the reestablished grass vegetation after one (1) growing season shall be adequate to prevent soil erosion and invasion of noxious or invasive plant species. See §6.2.C, "Restoration of Disturbed Areas." 5. Irrigation. All newly installed landscapes shall include a properly functioning automated sprinkler system with individual drip lines for all non-turf areas, rain or soil-moisture sensors, and separate irrigation zones for trees and shrubs. All irrigation systems shall be permanent. For vegetation within or immediately adjacent to approved stormwater detention facilities, the Department may approve a temporary irrigation system for a period not to exceed two (2) growing seasons following installation. Other forms of irrigation may be approved on a case-by-case basis by the Department. A functional irrigation system is required for final approval of the installed landscaping and the release of any associated collateral or assurances. H. Landscaping Requirements For Multi-family and Nonresidential Uses. 1. All multi-family and nonresidential land uses, except in the CD Zoning District, shall install at least one (1) tree and three (3) shrubs for each one thousand (1,000) square feet of lot area covered by impervious surfaces, excluding parking lots, but including drives, sidewalks, and other hard surfaces. 2. Planting beds may contain a combination of living plant materials and mulch. Living materials shall comprise no less than fifty percent (50%) of the required planting beds. 3. Plant materials shall be located to enhance views from public streets and sidewalks. I. Buffering and Screening. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 16 of 69 1. Purpose. Buffering is intended to help mitigate the physical, visual, and environmental impacts created by development on adjacent properties. Buffering and screening create a visual buffer between incompatible or differing land uses. 2. Applicability. Buffering is required in the following circumstances: a. District Boundaries. i. A landscaped buffer shall be planted on the boundary between the zoning districts set forth below, unless the abutting property is determined by the Department to be unbuildable or visually separated by topographic features. District buffers shall not be required for areas where street frontage buffer requirements are met. ii. The buffer shall be a minimum of ten (10) feet in width, measured from and planted along the district boundary line, commencing within twenty (20) feet of the district boundary. Mulched areas shall be limited to within the drip line of plantings. iii. A minimum buffer consisting of three (3) to five (5) evergreen trees and eight (8) to twelve (12) shrubs per one hundred (100) linear feet of district boundary shall be installed between the following zoning districts: iv. An industrial district and any other zoning district; v. A commercial, mixed use, or accommodations district and any residential district; vi. A multi-family residential district and any other residential district; or vii. A commercial district and any accommodations district. b. Street Frontage Buffers. i. Purpose: Landscaping in areas located adjacent to streets is intended to create tree- lined streets, provide shade, improve air quality, and enhance property values through improved views for the traveling public. ii. Exemption: The following shall be exempt from these street frontage buffer requirements: a) Single-family developments and subdivisions, except in the RM Zoning District. b) All development in the CD Zoning District. c) Development in the CH and I-1 Zoning Districts shall be exempt from the nonarterial buffer requirements only. iii. Property Abutting Arterial Streets. All development on property abutting an arterial street shall provide a landscaped buffer with a minimum width of twenty-five (25) feet along the entire arterial street frontage. See Figure 6-8. iv. Property Abutting Nonarterial Streets. All development on property abutting a nonarterial street shall provide a landscaped buffer with a minimum width of fifteen (15) feet along the entire street frontage. See Figure 6-8. v. Planting Requirements (See Figure 6-8). c. Arterial Street Frontage: i. One (1) tree shall be planted for each twenty-five (25) lineal feet of street frontage and one (1) shrub for each ten (10) lineal feet of street frontage, positioned to adequately buffer developed frontage as viewed from the adjacent street or right-of-way as determined by the Decision-Making Body. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 17 of 69 ii. Side Lot Line Planting Area: Side lot line planting is required for premises abutting an arterial street, but not in the CD or CH Zoning Districts. Required sideline planting shall be provided within five (5) feet of the side lot line between the front lot line and the building line. iii. Nonarterial Street Frontage: One (1) tree shall be planted for each forty (40) lineal feet of street frontage and one (1) shrub for each fifteen (15) lineal feet of street frontage, positioned to adequately buffer developed frontage as viewed from the adjacent street or right-of-way as determined by the Decision-Making Body. iv. No Development in Street Frontage Buffer Area. Within the street frontage buffer, there shall be no development, parking, or drives, except for access to the portion of the site not in the buffer, which is approximately perpendicular to the right-of-way, underground utility installation, pedestrian and bicycle paths, allowable signs, and necessary lighting. d. Service and Equipment Areas. Any residential development that utilizes shared service and utility areas, and all multi-family and nonresidential service and utility areas, containing such items as trash and recycling receptacles, and wall or ground-mounted mechanical equipment, shall conform to the following: i. Be screened from public view on three (3) sides by a solid wall or fence at least six (6) feet in height and on the fourth side by a solid gate at least five (5) feet high, and ii. The screening structure and gate shall be architecturally compatible with the principal building(s) on the site in terms of building style, materials, and color, and iii. Rooftop mechanical equipment shall be located on the rear half of the roof upon which it is located, screened from view from adjacent properties with fencing of equal height to the subject equipment. e. Loading Areas. All non-residential, commercial and industrial loading areas and docks shall be screened from view by a solid masonry, stone, or wood wall not less than six (6) feet in height, or at least one (1) foot above the roofline of the tallest vehicle or piece of equipment regularly operating within the loading area from public rights-of-way and residential zone districts. f. Berms. Berms may be used as part of street frontage landscaping, but shall vary in height along their length. Figure 6-8 DRA F T Created: 2024-09-16 09:26:52 [EST] Page 18 of 69 3. Responsibility for Buffering. Buffering shall be the responsibility of the new development. Existing land uses may be required to provide buffering if the use is changed, expanded, enlarged, or in any other way increases the impacts on adjacent properties or rights-of-way over what is present at the time this regulation is adopted. It shall be the responsibility of the expanded or changed land use to evidence what the uses and impacts were at the time of adoption of this regulation. 4. Method of Calculation. Graphic 6.9 shall serve as a guide for measuring distances to calculate buffer requirements. Graphic 6.9 J. Parking Lot Landscaping. 1. Purpose. Parking lot landscaping is intended to improve the views from adjacent properties and public use areas, alter the microclimate of parking areas by providing shade and reducing reflected heat, and break up large areas of impermeable surface, allowing areas for water infiltration. 2. Perimeter Landscaping. a. Applicability. All parking lots containing six (6) or more spaces, or 30 spaces in the CD zoning district, shall provide perimeter landscaping pursuant to the General Requirements below, except where abutting property is determined by the Department to be unbuildable or visually separated by topographic features. Parking lots with fewer than thirty (30) spaces in the CD Zoning District shall be exempt. All other parking lots, including those in I-1 and CH Zoning Districts, shall comply with these requirements and shall also install a minimum ten (10) foot wide landscaped perimeter buffer on all sides abutting a public right-of-way or residential zoning district. See Figure 6-10. b. General Requirements (See Figure 6-10). i. All applicable parking lots shall be separated from property lines at the street by a planting area at least twenty-five (25) feet wide on arterial streets and by a planting area at least fifteen (15) feet wide on other street property lines. Additionally, parking lots adjacent to a street or residential zoning district or use shall include a three-foot high visual barrier between the parking lot and street consisting of a solid evergreen hedge, berm, post and rail fence, or masonry or stone wall. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 19 of 69 ii. All parking areas shall be separated from side and rear property lines by a planting area at least eight (8) feet wide. iii. All parking lots or areas shall be separated from the high-water mark of all river banks by a minimum setback of fifty (50) feet, except in the CD Zoning District, where the setback shall be a minimum of twelve (12) feet. The required perimeter landscaping shall be provided within this setback area by retaining existing vegetation or by adding new tree and shrub plantings as needed to meet the required minimum quantities of perimeter plantings. See § 6.5.E below. iv. Perimeter landscaping shall provide a semi-opaque screen during the winter season. c. Berms. Berms may be used as part of perimeter landscaping and shall comply with sight distance/triangle requirements. d. Walls/Fences. Where walls or fences are used, a minimum of one (1) evergreen tree or three (3) shrubs is required for every forty (40) linear feet of wall or fence and shall be planted on the side of the fence or wall facing the surrounding streets, walks, parks, trails, or other public use properties. e. Perimeter Planting Requirements. In addition to the Street Frontage Buffer Requirements in §6.3.I.b, development shall install landscaped buffers around the perimeter of development parcels as follows: i. A minimum of one (1) tree per twenty (20) lineal feet and one (1) shrub per five (5) lineal feet shall be planted along the perimeter of any parking lot area located adjacent to an arterial street. A minimum of one (1) tree per thirty (30) lineal feet and one (1) shrub per ten (10) lineal feet shall be planted along the perimeter of any parking lot area located adjacent to nonarterial streets. See Figure 6-10. ii. For parking lot areas that are adjacent to a side or rear lot line, one (1) tree per thirty (30) lineal feet and one (1) shrub per five (5) lineal feet shall be planted along the perimeter of any parking area located along the lot line. iii. Plants shall be grouped in clusters of three (3) or more rather than evenly spaced. Where grouping is used, the minimum total number of shrubs required shall be increased by twenty-five percent (25%) to account for gaps between clusters. 3. Parking Lot Interiors. a. Applicability. All parking lots with thirty (30) or more parking places shall comply with these interior parking lot landscaping requirements. Interior parking lot landscaping requirements shall be in addition to all other landscaping requirements; no other landscaping requirement may be used to fulfill interior parking lot landscaping requirements. b. Minimum Requirement: A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs must be planted in interior islands for every two thousand five hundred (2,500) square feet of parking lot, exclusive of perimeter plantings. See Figure 6-10. c. Landscaped Islands: i. Individual landscaped islands shall include a minimum of one (1) tree, an automated sprinkler, and raised concrete curbs. ii. Landscaped islands shall be at least one hundred (100) square feet in size, with the smallest dimension being six (6) feet to allow for adequate root aeration and expansion. See Figure 6-10. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 20 of 69 iii. Islands shall be arranged to maximize shading of parking spaces. iv. Plantings shall be arranged so as not to interfere with driver vision, vehicle circulation or pedestrian circulation. v. To the maximum extent feasible, landscape islands shall be incorporated in the stormwater management plan and located to break up large areas of impermeable surface, allowing areas for water infiltration. Figure 6-10 K. Fences and Walls. All fences or walls shall meet the following requirements: 1. Materials. a. Fences or walls shall be constructed of wood, stone, brick, decorative concrete block, wrought iron (or products created to resemble these materials), a combination of any of these materials, or other materials, as approved by the Decision-Making Body. b. All fencing shall be finished on both sides, except fencing accessory to a single-family residential use or development, which shall be finished on all sides that are visible from off-site. c. Plywood, particle board, sheet metal, concrete slabs, concrete barriers, or similar materials shall not be used for fencing or walls. d. Chain-link fencing shall not be used for screening or buffering purposes. Chain-link fencing may be allowed for security purposes as approved by the Decision-Making Body. No slats shall be allowed with chain-link fencing. e. Razor wire and concertina wire are prohibited in all zoning districts. Barbed-wire fence materials may only be used in conjunction with a permitted agricultural use, the permitted keeping of horses or livestock, or as specifically approved by the Decision-Making Body for public or quasi- public uses where demonstrated to be necessary for site safety or security. 2. Fences/Walls Abutting Public Roads. Where opaque or solid fencing will abut a public road, it shall be screened from the road. Breaks in the screening shall be created, and changes in fence setbacks, heights, or materials shall also be utilized to provide visual diversity. Where more than two (2) consecutive rear lot lines will abut a public right-of-way, it shall be the developer's responsibility to DRA F T Created: 2024-09-16 09:26:52 [EST] Page 21 of 69 install the wall or fence that will delineate the property line in order to assure diversity of setback, screening, and streetscape views. 3. Plantings in Conjunction with Fences/Walls. Where opaque or solid fencing or walls continue for more than forty (40) feet along a buffer zone; the buffer requirements shall be located between the fence and the area to be buffered. Where opaque or solid fencing continues for more than forty (40) feet of street frontage, a minimum of one (1) evergreen tree and three (3) shrubs shall be planted on the outer or public side of the fence for each forty (40) linear feet of fence. 4. Fences and Walls In Critical Wildlife Habitat. See §6.7 below for standards. L. Technical Landscaping Requirements. 1. Protection of the Landscape from Damage. Vehicles shall not be parked or stored in designated buffer or landscape areas. Wheel stops, curbs, or other elements intended to keep vehicles out of landscaped areas shall be set back from existing plant materials an adequate distance to ensure no intrusion occurs. Storage of inventory, materials, spoils, refuse, or any other items detrimental to the health of the landscape shall be prohibited from being placed in any buffer or landscape area. 2. Protection from Wildlife Damage. To protect landscaping from wildlife-related damage, wire mesh fences may be included around landscaped areas in all landscape and buffering plans. Materials shall be compatible with materials used for structures on the site. No chain-link fencing shall be allowed to protect landscaping from wildlife damage. M. Maintenance Requirements. 1. Maintenance of Landscape Required. Landscaping shall be maintained in a healthy, growing condition at all times. The property owner is responsible for regularly irrigating, pruning, weeding, mowing, fertilizing, and replacing dead plants or plants in poor condition, and other maintenance of all plantings as needed. 2. Maintenance of Structures, Walls, and Fences Required. All such structures shall be maintained in good repair, free of aesthetic and safety defects. Fences that are leaning, broken, have missing pieces, peeling paint, or are in any other way damaged shall be immediately repaired or replaced. Walls with missing bricks or blocks, crumbling mortar, or other aesthetic or structural defects shall be immediately repaired. 3. Replacement of Plant Material. The following plant material conditions require plant removal and replacement: a. Deciduous trees and shrubs that fail to produce leaves on more than fifty percent (50%) of the plant by July 1st of the calendar year. b. Evergreen trees and shrubs with needle loss or browning over more than fifty percent (50%) of the tree. c. Damaged plant materials that have split trunks, loss of major branch structure, loss of leader shoot, or other damage that a certified nurseryman confirms will ultimately cause the premature death of the plant. d. Diseased, insect-infested, or parasite-infested plants that cannot be adequately treated to prevent premature death or to prevent contamination of other plant materials. e. Removal and replacement shall occur during the same growing season in which plant material exhibits at least one (1) of the above conditions. Where seasonal or adverse weather conditions make replanting or replacement within such a time period impractical, the Department may grant an extension and may require adequate fiscal assurance, if needed, from the owner to assure replacement. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 22 of 69 4. Enforcement. All plantings shall be subject to periodic inspections to ensure compliance with this regulation and the approved landscape plan. Failure to comply with the Maintenance Plan shall be a violation of this Code, subject to the enforcement and penalties provisions set forth in Chapter 1. § 6.4 PUBLIC TRAILS AND PRIVATE OPEN AREAS Estes Park's network of public trails and private open areas defines the community's identity as an outdoor recreation destination and gateway community, enhancing the quality of life for its residents and visitors. The purpose of this Section is to ensure that new development provides, preserves, and connects open lands and trail corridors that serve the recreational, environmental, and aesthetic needs of the community. These standards promote safe and accessible pedestrian and non-motorized trail connectivity within and between neighborhoods and to regional trail systems; preserve open space that protects natural features, sensitive lands, and wildlife habitat corridors; provide residents with proximity to outdoor recreation opportunities consistent with the character of the Estes Valley; and ensure that future development supports trail and open space connections throughout the community. A. Applicability. 1. Trails. All new subdivisions shall provide for public trails pursuant to this Section and Chapter 3, "Zoning Districts." 2. Private Open Areas. New residential development and subdivisions shall provide for private open areas pursuant to this Section and the zoning district regulations set forth in Chapter 3 of this Code. B. Purposes. These regulations are intended to achieve the following purposes: 1. To preserve undeveloped lands and open areas. 2. To protect wildlife habitat and native ecosystems and preserve natural resource protection areas. 3. To provide passive and active recreation opportunities. 4. To provide trail and recreation facilities for the public. C. Locational Criteria. 1. To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the Applicant shall give priority to their preservation through trail dedication or as private open areas. In reviewing the location of trails and private open areas, the Department and the Decision-Making Body shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in any particular priority order): a. Wetlands/ b. Floodplains. c. Lakes, Rivers, and Streams/Riparian Corridors. d. Wildlife Migration Corridors. e. Steep slope areas. f. Ridgelines. g. Geologic or Wildfire Hazard areas. 2. The following shall not be counted towards trail dedication or private open area set-aside requirements: DRA F T Created: 2024-09-16 09:26:52 [EST] Page 23 of 69 a. Private yards, except those encumbered by a recorded conservation easement held by a qualified land trust or public entity that permanently restricts all development and ensures public access, which may be credited toward private open area requirements, except as allowed in "Conservancy Lots" pursuant to this Section; b. Public or private street rights-of-way; c. Open parking areas and driveways for dwellings; d. Land covered by structures; and e. Detention/retention ponds, except that detention or retention areas and storm water management structures or facilities may be included in calculating the amount of private open areas required, provided that such areas or facilities are accessible and usable as community amenities by the public or the residents of the development (e.g., picnic areas, passive recreation areas, playgrounds, ponds for fishing and/or boating, etc.). See Figure 6-6 above. 3. Dedications for trails shall be at locations deemed appropriate by the Decision-Making Body and shall, to the maximum extent feasible, be in accord with the trails/bike path element contained in the Estes Park Comprehensive Plan or any other subsequently adopted comprehensive hike/bike or open areas plan. D. Amount of Public Trail or Sidewalk Dedication/In-Lieu Fee Requirements. Table 6.2 Single-family detached 0.0121 TBD Single-family attached 0.0094 TBD Two-family/duplex 0.0091 TBD Multi-family 0.0079 TBD Mobile home 0.0093 TBD 1. Imposition of Trail or Sidewalk Land Dedication/In-Lieu Fee. At the time of filing a preliminary plat for a residential subdivision, the Decision-Making Body, at its sole discretion, may: a. Identify as part of the preliminary plat subdivision lands to be dedicated for trails or sidewalks, b. Allow payment of in-lieu fees for trails or sidewalks, c. Require a combination of land dedication and in-lieu fee payment. d. Allow off-site contributions, which may take the form of (i) dedication of a Town-approved off- site parcel with required construction drawings and survey, or (ii) payment of a fee to the Town equal to the estimated cost of land acquisition and construction as determined by the Town Engineer, for trails or sidewalks when on-site conditions prevent connection to an existing trail or sidewalk, provided that the approved off-site location improves or expands upon an existing trail or sidewalk, is approved by the Town Engineer or Parks Superintendent (as applicable), and complies with applicable Town plans and policies, or e. Through the application of subsections A through D above, the Applicant shall provide sufficient lands or in-lieu fees to accommodate the growth and development proposed in the subdivision based on the standards set forth below. 2. Dedication/In-Lieu Standards. For all developments and subdivisions, dedication of usable trail lands shall be made in an amount roughly proportional to the need or demand generated by the proposed development. The In-Lieu Fee per unit shall be established and updated annually by the Town Board of DRA F T Created: 2024-09-16 09:26:52 [EST] Page 24 of 69 Trustees, indexed to the Colorado Department of Transportation Construction Price Index, based on the Town Engineer's annual fee update recommendations. The current fee schedule shall be administratively determined by the Board. The following minimum standards shall apply unless the Applicant demonstrates that the demand created is less than such requirements due to unique factors such as the age of the occupants of the development or the uses proposed: 3. Trails Fee Fund. All fees paid in lieu of dedication of public trail land shall be paid to the Town of Estes Park, and upon receipt shall be deposited in a separate interest-bearing account kept specifically for public trail funding purposes. E. Use of Private Open Areas and Public Trails. 1. Generally. Private open areas and dedicated public trail lands shall not be disturbed, developed or improved with any structures or buildings, except for the limited purposes allowed below. 2. Private Open Areas. a. Private open areas may be used for any of the following: i. Passive recreational and educational purposes approved by the Decision-Making Body, including but not limited to walking, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection. Where stormwater detention or retention facilities are proposed to satisfy any portion of private open area requirements, such facilities shall be designed to provide functional open space amenities—including accessible walking paths, native plantings, and seating areas—and shall be subject to the Department's design approval demonstrating that the facility functions as a usable community amenity. ii. Private open areas may also be used for the placement of any necessary utility services and to mitigate wildfire and geologic hazard areas. iii. Private open areas may be used for agricultural uses, including but not limited to grazing, crop production, and necessary utility services. b. Private open areas shall not be used for excavation, fill, or storage of equipment, materials, or vehicles. 3. Trails. Land dedicated for public trails shall be used for passive open-area purposes, including, but not limited to, walking, biking, picnicking, fishing, preservation of natural areas, environmental education, and wildlife habitat protection. 4. Sensitive Environmental Areas. Environmentally sensitive areas in private open areas or dedicated public trail lands, including but not limited to wetlands, riparian areas, wildlife habitat, and steep slopes, shall not be used for active recreational purposes or incompatible agricultural purposes. No structures or improvements shall be constructed in such areas except for walkways, trails, or educational interpretive facilities if such facilities can be constructed with minimal disturbance. F. Design Criteria. 1. Generally. Land set aside for private open area or dedicated public trails shall meet the following design criteria, as applicable: a. The lands shall be compact and contiguous, unless the land shall be used as a continuation of an existing trail, or specific topographic features require a different configuration. An example of such a topographic feature would be the provision of a trail or a private open area along a riparian corridor. b. Dedication of private open areas, trails, parks, or other public spaces shall expand, enhance, and ensure connectivity to existing trails, open areas, open space, and Natural Resource Protection DRA F T Created: 2024-09-16 09:26:52 [EST] Page 25 of 69 Areas. When private open areas, trails, parks, or other public spaces exist adjacent to the tract to be subdivided or developed, the trails and private open areas shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing trail or park or other open area land. c. To the extent planting and landscaping are required as part of the dedication, they shall comply with the Colorado Wildfire Resilience Code and applicable sections of this Code to ensure quality, functionality, and ecological sustainability. See §6.3-G for the approved plant list from the Estes Valley Fire District. 2. Trails. Dedicated public trails shall meet the following design standards: a. Dedication of land shall be a minimum width of twenty-five (25) feet; and b. The trail shall conform to design criteria set forth in any bike/trail plan or park and recreation plan adopted by the Town, as applicable. c. Provide trail connectivity to existing trailheads, trails, sidewalks, parks, and other open spaces. G. Provisions of Ownership. The Decision-Making Body shall review and approve the proposed form of ownership for all dedicated or private open areas or trails. All open areas and trails shall be permanently reserved as open areas or trails in a manner satisfactory to the Decision-Making Body, and shall be either: 1. Owned jointly or in common by the owners; or 2. Owned by a nonprofit land trust or similar organization approved by the Decision-Making Body; or 3. Subject to a conservation easement or similar deed restriction; or 4. Dedicated to a public entity, subject to the entity's acceptance. H. Maintenance. The owner of the development property will be responsible for the maintenance of all open areas and trails, unless dedicated to a public entity. A homeowners' association may be established to permanently maintain all open areas and related facilities. Such homeowner association agreements, which shall, at a minimum, guarantee continuing maintenance, shall be submitted to the Decision-Making Body for approval prior to the issuance of any final subdivision plat approvals or other development approvals. I. Cluster Developments. See Chapter 9 for standards governing the preservation of open areas and sensitive lands through the voluntary technique of clustering residential lots. § 6.5 NATURAL RESOURCES PROTECTION A. Purpose and Intent. Estes Park is a gateway to the Rocky Mountain National Park. The community and valley are defined by the abundance, quality, and proximity of their natural resources, geography, and ecology. Quality architectural and urban design can enhance the community’s connection to its natural surroundings while promoting a vibrant and sustainable community. These standards and regulations ensure the orderly development of lands within Estes Park while protecting valuable natural resources and ecological features. B. Applicability. All new subdivisions and developments, including residential development and alterations on lots of record approved prior to the effective date of this Code, shall comply with the procedures and standards set forth in this Section, except for the following development or activities: 1. Agricultural activities such as soil preparation, irrigation, planting, harvesting, grazing, and farm ponds; 2. Maintenance and repair of existing public roads, utilities, and other public facilities within an existing right-of-way or easement; 3. Removal of noxious weeds or trees and vegetation in conformance with the Colorado Wildfire Resiliency Code; DRA F T Created: 2024-09-16 09:26:52 [EST] Page 26 of 69 4. Maintenance and repair of flood control structures and activities in response to a flood emergency; and 5. Wetland and wildlife habitat restoration, creation, and/or enhancement that improves the wetland function, provided that the proposed activity is approved by the appropriate agency, such as the U.S. Army Corps of Engineers or the Colorado Division of Parks and Wildlife. C. Other Regulations. 1. This Section does not repeal or supersede any existing federal, state, or local laws, easements, covenants, or deed restrictions. When this Section imposes a higher or more restrictive standard than found in another applicable ordinance, statute, or regulation, this Section shall apply. 2. No person shall engage in any activity that will disturb, remove, drain, fill, dredge, clear, destroy, or alter any area, including vegetation, within a wetland that falls in the jurisdiction of the federal government and its agencies, except as may be expressly allowed under applicable federal laws or regulations. 3. The provisions of this Section shall be interpreted to apply in conjunction with all other applicable local, county, and state land use requirements. Whenever a provision of any other land use regulation conflicts with the intent of this Section, the provisions of this Section shall apply. D. Description of Regulated Hazard Areas. Hazard areas regulated by this Section shall include all areas that are, or that may become, hazardous due to environmental conditions. The hazards include, but are not limited to, the following: wildfire, avalanche, landslide, rock fall, mud flow and debris fan, unstable or potentially unstable slopes, seismic effects, radioactivity, ground subsidence, and expansive soil and rock. E. Boundary Delineation. Hazard areas shall be delineated and included in development documents in accordance with this Section. 1. Qualified Professional. a. Stream/river corridor and wetland area delineation shall be performed by a qualified professional who has demonstrated experience necessary to conduct site analysis. Delineations shall be subject to the Department's approval. b. All maps and reports required by this Section must be prepared by or under the responsible direction of a duly qualified professional as approved by the Community Development Director. c. Wildfire hazard analysis required by this Section must be prepared by or under the direct supervision of a professional forester with at least two (2) years' experience with wildfire hazards in the Rocky Mountain region. d. Geologic hazard analyses required by this Section must be prepared by or under the direct supervision of a professional geologist with experience in engineering geology or geotechnical engineering. e. Engineering work required by this Section must be prepared by or under the direct supervision of a licensed professional engineer who is experienced in the engineering specialty (e.g., soils, slope stability) required to meet the objectives of this Section. 2. Stream and River Corridor Boundaries. Stream and river corridors shall be delineated at the annual high-water mark, or if not readily discernible, the defined bank of the stream or river, as those terms are defined in Chapter 13 of this Code. Regulated stream and river corridors shall include only those streams and rivers as identified on the Stream and River Corridor Resource Map found in Appendix A. The rivers delineated on the Stream and River Corridor Resource Map are the Big Thompson and Fall River. Streams delineated on the Map include various named and unnamed streams and minor drainages, some of which are intermittent. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 27 of 69 3. Wetland Boundaries. To protect wetlands, development must comply with all applicable state and federal wetlands protection regulations. New development shall not occur within mapped or identified wetland areas and shall comply with the buffer and setback requirements in this Chapter. a. Mapped Wetlands. Boundary delineation of wetlands shall be established by reference to one (1) of the following wetland maps and identification documents, which are available for reference in the Town of Estes Park Community Development Department, and which are hereby adopted and incorporated by reference into this Code: i. National Wetlands Inventory prepared by the U. S. Department of the Interior, Fish and Wildlife Service; or ii. Colorado Wetlands Inventory, Colorado Natural Heritage Program, Colorado State University maps. b. Unmapped Wetlands. The review of a development proposal may reveal a potential wetland that has not been mapped or whose boundaries have not been clearly established. In such instances, the Applicant shall retain a qualified wetland expert to delineate the boundaries of the wetland according to accepted professional standards. F. Buffer/Setback Areas. To protect riparian natural resource areas, development must be set back from and buffered between natural areas. These buffers preserve native ground cover, shield riparian areas from development impacts (e.g., light trespass and runoff), and preserve habitat connectivity through the community. 1. Stream and River Corridors. a. Building/Structure Setbacks. i. Stream Corridors (except in the CD zoning district). All buildings and accessory structures shall be set back at least thirty (30) feet horizontally (plan view) from the annual high-water mark of stream corridors, or if not readily discernible, from the defined bank of the stream. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. See Figure 6-11. Figure 6-11 DRA F T Created: 2024-09-16 09:26:52 [EST] Page 28 of 69 ii. River Corridors (except in the CD district). a) General Rule. All buildings and accessory structures shall be set back at least fifty (50) feet horizontally (plan view) from the annual high-water mark of river corridors or, if not readily discernible, from the defined bank of the river. b) Exception for Lots Developed Prior to the Adoption of this Code. All buildings and accessory structures shall be set back at least thirty (30) feet horizontally (plan view) from the annual high-water mark of river corridors or, if not readily discernible, from the defined bank of the river. See Figure 6-11. iii. Stream and River Corridors in the CD Zoning District. In the CD district, all buildings and accessory structures shall be set back at least twenty (20) feet horizontally (plan view) from the annual high-water mark of stream or river corridors or, if not readily discernible, from the defined bank of the stream or river. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. Where a principal building in the CD district provides public access, including a primary entrance, on the side of the building facing a stream or river corridor, the setback may be reduced to ten (10) feet with the approval of the Decision-Making Body. b. Parking Lot Setbacks. Except in the CD zoning district, parking lots shall be set back at least fifty (50) feet horizontally (plan view) from the annual high-water mark of stream or river corridors, or if not readily discernible, from the defined bank of the stream or river. In the CD district, parking lots shall be set back at least twelve (12) feet from the delineated edge of the river or stream corridor. c. Within Stream and River Corridor setback areas, landscaping shall be limited to native plants as approved in the Recommended Plant List and Fire-Wise Plant List. Disturbances to native vegetation within the setback area shall be mitigated, and the area restored to its original condition. d. Non-structural improvements (e.g., fire pits, gazebos, or picnic tables) within a designated riparian buffer area shall not be installed on concrete, poured footings, or other impervious surfaces, and shall not require the removal of native vegetation or ground disturbance beyond the minimum necessary for a stable surface. All such improvements shall be installed in a reversible manner using only permeable materials, and all disturbed areas shall be restored with native species consistent with the Recommended Plant List and Fire-Wise Plant List. 2. Wetlands. a. For new subdivisions and development, wetlands shall not be included as part of a platted development lot. Development of lands containing or adjacent to delineated wetlands shall comply with applicable Army Corps of Engineers standards, in coordination with the Town Engineer. b. All buildings, accessory structures, and parking lots shall be set back at least fifty (50) feet horizontally (plan view) from the delineated edge of a wetland. See Figure 6-11 above. Native vegetation and ground cover shall be preserved within the fifty (50) feet setback area from wetlands. Landscaping required to mitigate development impacts on wetlands shall comply with the Community Development Recommended Plant List, the Fire-Wise Plant List, and the landscaping requirements in §6.3. 3. Private Open Areas and Landscaping Credit. All stream corridor and wetland setback areas shall be credited toward any relevant private open area requirements, landscaping, and buffer requirements. DRA F T Created: 2024-09-16 09:26:52 [EST] Page 29 of 69 G. Development Standards. 1. Delineation of Riparian Area, Stream or River Corridors. Prior to the development of a parcel containing a Riparian Area, Stream or River Corridors, the application shall provide a survey delineating the high-water mark or top-of-slope for the feature. The more restrictive measure shall be used to establish compliance with the requirements of this Code. 2. Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, drain, dredge, clear, destroy, or alter any area, including vegetation, within stream or river corridors, wetlands, and their associated buffer/setback areas, except as may be expressly allowed in this Section or Code. a. Notwithstanding the foregoing, where no practicable alternative exists to crossing a wetland or stream corridor for necessary site access, the Decision-Making Body may approve such crossing subject to: i. A wetland impact assessment by a qualified wetland scientist; ii. Applicable Army Corps of Engineers authorization under Section 404 of the Clean Water Act; and iii. Mitigation pursuant to §6.5.I of this Code. 3. Utilities. Utilities may be allowed in a buffer/setback area only if the Decision-Making Body determines that there is no practical alternative. Any disturbance of the buffer area shall be reclaimed by regrading and revegetation. Provisions for reclamation of the disturbed area shall be included in any development or improvements agreement for the project, with adequate collateral to guarantee that the reclamation will be completed. Utility corridors in buffer/setback areas shall be located at the outside edge of the area, and access roads for maintenance of utilities shall be located outside the buffer/setback area. Access for utility maintenance in buffer/setback areas should be at specific points rather than running parallel to the utility corridor. 4. Recreation, Education, or Scientific Activities. Structures and improvements for recreational, educational, or scientific activities, such as trails, fishing access, and wildlife management and viewing, may be permitted in a buffer/setback area, provided that a management plan establishing long-term protection of the buffer/setback area is submitted and approved. H. Preservation of Vegetation. All existing vegetation within the stream/river corridor or wetland buffer/setback area shall be preserved, and where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native planting and landscaping. I. Wetland Mitigation Requirements. 1. Restoration shall be required according to an approved wetland mitigation plan when a wetland or its buffer is altered in violation of law or without specific permission or approval by the Decision-Making Body. 2. All approved alterations of wetlands must be mitigated by replacement or enhancement on the site or within the same drainage basin on a one-to-one basis with equivalent or better biologic and hydrologic functions. J. Geologic Hazard Areas. 1. Geologic Hazard Areas. a. Mapped Geologic Hazards. Geologic hazard areas shall include all areas shown on the Geologic Hazard Areas Resource map and all areas classified as 4, 5, 6, or 7 on the Official Geologic Hazard Maps, which have been reviewed by the Colorado Geological Survey and are incorporated by DRA F T Created: 2024-09-16 09:26:52 [EST] Page 30 of 69 reference in this Code. The Official Geologic Hazard Maps shall be available for public review at the Community Development Department. b. Unmapped Geologic Hazards. Hazard areas shall further include any areas which have not been so classified, but where a hazard has been identified and confirmed by the Colorado Geological Survey. The Community Development Director, or designee, shall have the authority to identify geologic hazard areas during field inspections or by referral to the Colorado Geological Survey (CGS) and based upon IS-47 Geologic Hazards Avoidance or Mitigation: A Comprehensive Guide to State Statutes, Land Use Issues and Professional Practice in Colorado" (CGS, 1998) and SP-06 "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas," (CGS, 1974). CGS referral comments and determinations shall be incorporated into the application of the requirements of this Code and the review of proposed development. c. In the event an Applicant questions the existence of a geologic hazard area within the area proposed for development or subdivision, the Applicant may submit evidence with respect thereto from a professional geologist having the requisite technical expertise. Such evidence may be considered by the Decision-Making Body, together with all other available evidence, in determining whether or not said development or subdivision is within a geologic hazard area. 2. Geologic Hazard Mitigation Plans. a. Mitigation Plan Required. When a new development or subdivision is proposed within a geologic hazard area, the Applicant shall submit a mitigation plan prepared by a professional geologist or licensed Colorado engineer that addresses how the development or subdivision will either avoid or mitigate the hazard, as more fully set forth below. Licensed professional engineers who are experienced in the engineering specialty (e.g., soils, slope stability) may submit mitigation plans for steep slope and alluvial soils hazards. Lots approved for single-family residential development prior to the adoption of this Code do not need to submit a mitigation plan for rockfall hazards. b. Colorado Geologic Survey Review. Except for single-family residential development on lots of record, new development and subdivisions within a geologic hazard area shall be referred to the Colorado Geological Survey for review and comment. i. At the time of application submittal, the Applicant shall submit the required fees for the Colorado Geological Survey review. ii. Applicants seeking approval of single-family development on lots of record within an identified Geologic Hazard Area shall be exempt from Colorado Geological Survey review, but shall be subject to all other requirements in this Section. iii. Per CRS 31-23-225, when a subdivision or commercial or industrial development larger than five (5) acres is proposed, the applicant shall provide written notice to the Colorado Geological Survey of the proposal prior to approval. The Community Development Director may choose to refer the proposed development to CGS for comment prior to approval. c. Geologic Mitigation Plan Requirements. Mitigation plans shall be prepared according to "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas," written by the Colorado Geological Survey, 1974, and include, at a minimum, the following: i. An evaluation and prediction of the impact of the hazard or hazards affecting the proposed development or subdivision, and recommended mitigation methods; ii. Maps describing the extent and severity of the hazard at the particular site, and including a true north arrow, scale, ties to quarter-section corners, and accurate dimensions for all lines, angles, and curves used to describe property boundaries; DRA F T Created: 2024-09-16 09:26:53 [EST] Page 31 of 69 iii. Topography; iv. A location map showing the general location of the development or subdivision and its relationship to surrounding topographic features; v. A map showing the location, type, and density of the proposed development or subdivision; vi. In the case of an alluvial soil hazard, an on-site subsurface soil investigation and report. vii. In the case of rockfall geologic hazards, the mitigation plan shall specifically address each possible method of mitigation, including: a) Building outside of the run-out zone; b) Stabilization of rocks; c) Slowing or diverting moving rocks, and d) Physical barriers. viii. Include maps of the fallout zone, including the rockfall source area, the acceleration zone, and the run-out zone. Computer modeling is the preferred method of determining hazard zones. ix. Include maps portraying the geologic conditions of a development area with particular attention given to the designated hazard condition or conditions and those geologic, hydrologic, soil, and topographic features constituting the hazard. x. If needed, geologic cross-sections can be utilized to portray the hazard conditions. These maps must show the topography with a contour interval of ten (10) feet or smaller if necessary. These maps must be on a scale sufficiently detailed to meet the purposes of this Section, but in no case can the scale be less than one (1) inch equals two hundred (200) feet. 3. Review Criteria. a. In reviewing a development subject to this Section, the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built in such a manner as to adequately mitigate the hazard. b. In reviewing new development and subdivisions, the Decision-Making Body shall take into consideration the following: i. The Applicant's mitigation plan; ii. Geologic, topographic, and other technical information presented by the Applicant or other interested party, including the Town, County, or other public agency; iii. Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise; and iv. The relationship between the development and the hazard area and the potential impact of the development within the area on lands outside the development. c. Mitigation methods required by the Decision-Making Body may include, but are not limited to: i. Compliance with IS-47 Geologic Hazards Avoidance or Mitigation: A Comprehensive Guide to State Statutes, Land Use Issues and Professional Practice in Colorado" (CGS, 1998) and SP-06 "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas," (CGS, 1974); DRA F T Created: 2024-09-16 09:26:53 [EST] Page 32 of 69 ii. To the maximum extent feasible, in rockfall hazard areas, avoidance of the run-out zone shall be the method of mitigation; iii. Location of building envelopes outside areas identified as Class II geologic hazard areas; iv. Specific requirements for construction, location, density of structures and/or lots; v. Specific requirements for the construction of roads upon the land; vi. Specific requirements for alteration to the physical characteristics of the land. K. Air Quality Mitigation. 1. Purpose. This subsection is intended to ensure all structures, uses, and activities within Estes Park avoid creating any private or public nuisance related to air quality and comply with the requirements of the Colorado Air Pollution Control Division. 2. Applicability. This subsection applies to all site development, grading, construction, and changes in land uses on a property. Agricultural uses are exempt. 3. Required Mitigation Measures. a. Limit the area of disturbance to reduce dust generation. Minimize overlot grading for projects and phase grading concurrently with construction activities. b. Gravel, water, or chemically stabilize public and private access roads, stripped areas, transfer points, and excavations to minimize dust. c. Limit hours of operation of asphalt and concrete batch plants to prevent cold weather firing during early morning temperature inversions. d. Increase watering operations immediately in response to periods of high wind conditions or dust complaints. e. Disturbed areas and soil stockpiles shall be revegetated in accordance with §6.3 of this Code. f. Overburden and topsoil stockpiles shall be contoured and conditioned to a slope conducive to establishing vegetative cover. g. Place air emissions monitors upwind and downwind of the use and on the property, to assure that the employed mitigation methods are effective. h. Promote alternative transportation options (biking and walking) to and within the site to reduce vehicular emissions. i. All dust and air emissions shall comply with standards established by the Colorado Department of Public Health and Environment and the Colorado Air Quality Control Commission. j. Activities that will exceed air pollution thresholds established by the Air Pollution Control Division of the Colorado Department of Public Health and Environment shall report those emissions and apply for the applicable state permit. k. Any development that has emission sources regulated under the Colorado Air Quality Control Commission shall submit an Air Pollution Emissions Notice and a Colorado Air Emissions Permit, if applicable. L. Noise Mitigation. 1. Purpose. This subsection is intended to ensure all structures, uses, and activities within Estes Park avoid creating any private or public nuisance related to noise, pursuant to C.R.S. § 25-12-103, and avoid creating a nuisance that would interfere with the use and enjoyment of adjacent properties. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 33 of 69 2. Applicability. This subsection applies to all site development, grading, construction, and changes in land uses on a property. Agricultural uses are exempt. 3. Required Mitigation Measures. a. Any amplified sound equipment shall be mounted so as to direct sounds inward from property boundaries. b. Limit hours of hauling and route haul truck traffic away from residential, commercial, and recreation areas. c. No use or activity, other than temporary construction activities, shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. d. Limit hours and days of equipment operation to reduce noise impacts on adjacent or nearby residents. e. Place extractive operation processing areas behind berms or soil stockpiles, or at the bottom of the excavation. f. Use landscaping to muffle or redirect sound with the use of berms, fencing, soil stockpiles, or vegetation. g. Locate equipment in an enclosed and acoustically insulated structure. h. Use electric pumps for water where feasible, and use "quiet design mufflers" where electricity is not available. i. Place the operation a sufficient distance from residences, commercial areas, and recreation areas to minimize noise impacts to those areas. j. Install a solid wall or fence of acoustically insulating material surrounding all or part of the facility. k. Implement a noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted. l. Eliminate or reduce the use of compression "jake" brakes on haul trucks, when possible, at the entries to or within sites located near residential areas. m. Locate access points in a manner to minimize the noise impacts created by vehicles using such access. M. Scenic Quality Mitigation. 1. Purpose. This subsection is intended to protect the inherent scenic quality of Estes Park and to further the intent of the Estes Park Comprehensive Plan. The visual character of the community — defined by its mountain setting, natural landscapes, ridgelines, and view corridors — is among Estes Park's most important natural resources. 2. Applicability. This subsection applies to all site development, grading, construction, and changes in land uses on a property. Agricultural uses are exempt. 3. Required Mitigation Measures. a. Maintain landscaping, weed control, and vegetation viability for the life of the project. b. Proposed landscaping, screening, fencing, and other visual impact mitigation shall be approved by the Community Development Director or Decision-Making Body prior to use of the site. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 34 of 69 c. Setbacks of the project area from property boundaries, height limitations of facilities and equipment, and colors and screening of equipment and facilities shall be determined by the Decision-Making Body on a project-specific basis, dependent upon: i. the constraints of topography and other natural features; ii. geologic information, site location, and surrounding uses; and iii. the nature of the operation and other pertinent factors that may affect the proposal. 4. Additional Measures for Structures Near the Skyline. a. Conforming structures that project zero to fifteen (15) feet above the skyline are encouraged to implement the following mitigation measures consistent with the Ridgeline Protection standards of §6.2 of this Code: i. Size reduction. A reduction in overall mass may reduce visual obstruction. ii. Setback modification. A modification in setbacks from the edge of a hillside may be implemented to protect key vistas. If there is more than one building on the site, consider tiered setbacks to create a gradual transition between developed areas and the natural landscape, rather than clustering development in a single area where it would be more visible. iii. Roofline. Utilize the shape or profile of the ridge when designing the exterior of the structure, and blend the roofline into the ridgeline, tree line, rock outcroppings, and other site features. iv. Height gradation. A height reduction may be used to decrease the amount of protrusion into the sky. Buildings should follow the contour of the land to blend in with the natural topography. N. Water Quality and Quantity Protection. 1. Purpose. This subsection is intended to protect water quality and quantity within Estes Park and to implement the intent of the Estes Park Comprehensive Plan. This subsection seeks to ensure water quality impacts are addressed by preventing the discharge of pollutants that could impact water quality for Estes Park's residents, visitors, and downstream water users. 2. Applicability. This subsection applies to all non-residential site development, site grading, development, construction, and changes in land uses on a property. 3. Required Mitigation Measures. a. Areas used for the collection or temporary storage of solid or liquid waste shall be designed to prevent discharge of these materials in runoff from the site. b. Secondary containment measures shall be installed for all fuel storage areas to prevent release. c. On-site sediment ponds shall be created to prevent erosion into waterways. d. Lining of sediment, water, or waste disposal ponds with impervious material may be required based upon: i. site conditions; ii. distance to groundwater; iii. quality of the water or materials being disposed of; and iv. input from the Colorado Department of Public Health and the Environment and other pertinent factors affecting the use. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 35 of 69 e. Monitoring wells shall be placed upstream and downstream of the use, on the property and/or adjacent properties with landowner consent, to test impacts to ground water and/or stream water quality and quantity, in the following locations: (i) where the use is located in a high groundwater table area; and (ii) where the use has the potential to pollute nearby waterways. f. Nearby water wells shall be tested, with the landowner's permission, to ensure the use is not negatively affecting water quality or flow. g. Proof of sufficient water rights or a water augmentation plan, as required under applicable provisions of the Colorado Division of Water Resources, shall be submitted. h. Sites that would present a high probability of surface or ground water pollution shall be avoided. O. Protection of Unique Natural Features. 1. Purpose. These standards are intended to protect the unique natural features of Estes Park in recognition of the exceptional character of the community's natural setting and its gateway role adjacent to Rocky Mountain National Park. This subsection applies to development on, in, or adjacent to natural features such as large stands of trees, areas of significant geological, cultural, or paleontological interest, unusual rock formations, unique topography, and similar features. 2. Standards. a. Existing, unique natural features shall be retained during development of a site to the maximum extent practicable. b. Development shall be clustered or grouped to avoid encroachment upon, damage to, or diminishment of the views and visual enjoyment of the identified natural feature to the maximum extent practicable. c. Where unique natural features are present on a site, the applicant shall provide an inventory and assessment of such features as part of the development application. The Decision-Making Body may require the applicant to demonstrate how the proposed development avoids or minimizes impacts to such features. § 6.6 WILDFIRE HAZARD MITIGATION A. Purpose & Intent. Estes Park's location within the wildland-urban interface, its mountainous terrain, and its history of wildfire exposure make the mitigation of wildfire hazards a fundamental part of the Town’s protection of the public health, safety, and welfare. The purpose of this Section is to reduce the risk of loss of life and property from wildfire by establishing land use and site design standards for development within wildfire hazard areas that complement and extend the building-level requirements of the Colorado Wildfire Resiliency Code. Together, these regulations ensure that new development and redevelopment in Estes Park are planned, designed, sited, and constructed in a manner that reduces wildfire ignition risk, limits the spread of fire between wildland and developed areas, and preserves emergency responders' ability to access and defend properties within the community. B. Applicability. Because of the history of and potential for large, destructive wildland fires, all of Estes Park is deemed a high-risk zone. Structures and parcels shall be constructed and maintained in accordance with the provisions for structure hardening and site and area requirements mentioned in the Colorado Wildfire Resiliency Code: Chapters 4 and 5. C. Wildfire Hazard Areas. 1. Mapped Wildfire Hazards. Wildfire hazard areas shall include all those areas shown in the Community Wildfire Protection Plan map A. These maps identify areas subject to the provisions of the Colorado DRA F T Created: 2024-09-16 09:26:53 [EST] Page 36 of 69 Wildfire Resiliency Code and shall be available for public inspection through an accessible online platform and at designated local government offices. 2. Unmapped Wildfire Hazards. Wildfire hazard areas shall also include areas located outside of the mapped wildfire hazard areas that are identified by the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist, or designee, as hazardous areas. 3. In the event an Applicant questions the existence of a wildfire hazard within the proposed development or subdivision, the Applicant may submit evidence with respect thereto from a professional forester. This evidence may be considered by the Decision-Making Body, together with all other applicable evidence, in determining whether or not said development or subdivision is within a wildfire hazard area. D. Wildfire Hazard Mitigation Plans. A Wildfire Hazard Mitigation Plan shall be required for: 1. All new subdivisions within a wildfire hazard area; 2. New multi-family or non-residential development exceeding five thousand (5,000) square feet of gross floor area within a wildfire hazard area; or 3. Any development that the Fire Marshal determines presents an abnormal wildfire risk due to site-specific conditions. Single-family residential development on existing lots of record shall comply with CWRC requirements in lieu of a separate mitigation plan unless otherwise required by the Fire Marshal. E. Mitigation Plan Required. When a new development or subdivision is proposed within a wildfire hazard area, the Applicant shall submit a mitigation plan that addresses how the development or subdivision will either avoid or mitigate the hazard, as more fully set forth below. 1. Wildfire Mitigation Plan Requirements. Mitigation plans shall address the following: a. In addition to the requirements for plans in the International Building Code, International Existing Building Code, and International Residential Code, site plans shall include topography, landscape and vegetation details, and locations of structures or building envelopes. b. Defensible space site plans shall be prepared and submitted to the Department for review and approval as part of the site plans required for a permit. c. Where required by the Colorado Wildfire Resiliency Code (adopted as amended from time to time), the plans and specifications shall include classification of fuel loading, fuel model light, medium, or heavy, and substantiating data to verify classification of fire-resistive vegetation. 2. Wildfire Mitigation Plan Waiver. The Community Development Director, upon consultation with the Fire Marshal, may waive the requirement for a Wildfire Mitigation Plan based on the following: a. The proposed development does not increase the risk of wildfire for the subject property and adjacent properties, or b. The proposed development exceeds the requirements of the CWRC and applicable local wildfire regulations. F. Review Criteria. 1. In reviewing new development or subdivisions subject to this Section, the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built to meet or exceed the fire-resistant construction requirements in the Colorado Wildfire Resiliency Code as adopted. 2. In reviewing new development and subdivisions, the Decision-Making Body shall take into consideration the following: a. The Applicant's mitigation plan; DRA F T Created: 2024-09-16 09:26:53 [EST] Page 37 of 69 b. Vegetative, topographic, access, and other technical information presented by the Applicant or other interested party, including the Town, County or other public agency; c. Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise; and d. Reference the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service, and follow provisions specific to the ignition zone under which the site falls. e. Site-specific vegetation and topographical characteristics. 3. Mitigation methods required by the Decision-Making Body may include, but are not limited to: a. Compliance with Colorado Wildfire Resiliency Code, as amended from time to time, adopted by the Estes Valley Fire District b. Specific requirements for construction, location, and density of structures and/or lots; c. Provision of defensible space in compliance with current Colorado Wildfire Resiliency Code guidelines shall be required on all new construction in wildfire hazard areas. For additions to or changes in the type of occupancy or use in existing structures, a defensible space shall be provided around the entire structure. d. Specific requirements for alteration to the vegetative features of the land. § 6.7 WILDLIFE PROTECTION A. Purpose and Intent. To maintain Estes Park’s community identity as a haven and refuge for wildlife at the gateway to the Rocky Mountain Nation park. To maintain the diversity of wildlife species and habitat that occur in Estes Park, and to plan and design land uses to be harmonious with wildlife habitat and the species that depend on this habitat for the economic, recreational, and environmental benefit of the residents of and visitors to Estes Park. B. Applicability. This Section shall apply to all new and existing development, including applications for review of development plans, subdivision plats, planned unit developments, special review uses, and rezonings within the Town of Estes Park. When proposed for remodel, alteration, or additions exceeding 200 square feet, existing development approved and constructed prior to the effective date of this Code shall be subject to these Wildlife Protection standards. C. Exemptions. The procedures and regulations contained in this Section shall not apply to: 1. Agricultural activities such as soil preparation, irrigation, planting, harvesting, grazing, and farm ponds; 2. Maintenance and repair of existing public roads, utilities, and other public facilities within an existing right-of-way or easement; 3. Maintenance and repair of flood control structures and activities in response to a flood emergency; 4. Activities undertaken pursuant to a wildlife conservation plan approved under this Section. D. Other Regulations. This Section of the Code does not repeal or supersede any existing federal, state, or local laws, easements, covenants, or deed restrictions pertaining to wildlife. When this Section imposes a higher or more restrictive standard, this Section shall apply. E. Community-wide Designation as Critical Wildlife Habitat. In recognition of Estes Park’s location as a gateway to Rocky Mountain National Park and its documented role as a regional wildlife corridor, the entire Town of Estes Park is hereby recognized as an area of critical wildlife habitat for the purposes of this Section. The following sources shall be used to identify mapped high-priority wildlife habitat areas subject to the enhanced review standards set forth in §6.7.G: DRA F T Created: 2024-09-16 09:26:53 [EST] Page 38 of 69 1. Colorado Parks and Wildlife habitat maps for Larimer County, as amended, and 2. Other information and maps, as the Department or the Estes Park Planning Commission may identify in cooperation with Colorado Parks and Wildlife, such as wildlife maps produced specifically for Estes Park. F. Review Procedures. The following procedures shall apply to all applications for development: 1. Application. The Applicant shall submit a Wildlife Conservation Plan as part of a building permit application, development plan, subdivision plat, or sketch plan, as applicable, depicting the general location of the property, location of structures on the site, location, extent, and species composition of natural ground and tree cover and wildlife forage, prominent natural areas such as woodlands, streams, and wetlands, and other features that the Department may require for review pursuant to this Section. 2. Plan Preparation. A wildlife conservation plan required by this Section shall be prepared for the Applicant, at the Applicant's expense, under the responsible direction of a qualified wildlife conservation or other professional with demonstrated expertise in the field. 3. Plan Content. Any wildlife conservation plan required to be prepared pursuant to this Section shall include the following information at a minimum. Specific requirements may be waived by the Department due to the location of the development, the previous use of the site, the size and potential impact of the development, the absence of particular species on a site, the prohibition of a reasonable use of the site, and other relevant factors. a. A description of the ownership, location, type, size, and other attributes of the wildlife habitat on the site. b. A description of the populations of wildlife species that inhabit or use the site, including a qualitative description of their spatial distribution and abundance. c. An analysis of the potential adverse impacts of the proposed development on wildlife and wildlife habitat on or off-site. d. A list of proposed mitigation measures and an analysis of the probability of success of such measures. e. A plan for implementation, maintenance, and monitoring of mitigation measures. f. A plan for any relevant enhancement or restoration measures. 4. Review Determination. The Community Development Director shall review the Wildlife Conservation Plan and determine the location of critical wildlife habitat features, as described herein, and designate Limitations on Disturbance in accordance with §6.2.D. The LOD designation shall protect, to the extent practicable, identified wildlife habitat and natural resource protection areas, in addition to the criteria set forth for LOD in §6.2.D. a. The Community Development Director shall issue a finding as to whether the application, including the wildlife conservation plan, complies with the requirements of this Section. b. The Community Development Director may refer the submitted plan or plat to Colorado Parks and Wildlife for review and shall incorporate any site-specific written comments received within thirty (30) days. Where CPW does not provide site-specific guidance, the Department may apply CPW’s “Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado” as minimum requirements. c. Applicants are also advised to consult with the U.S. Fish and Wildlife Service, U.S. Department of the Interior-Rocky Mountain National Park, U.S. Forest Service, and Colorado Natural Heritage DRA F T Created: 2024-09-16 09:26:53 [EST] Page 39 of 69 Program for additional guidance on the preservation of critical wildlife habitat and wildlife protection standards for new development. d. Wildlife studies and mitigation plans approved by the Decision-Making Body shall become binding upon the Applicant. Applications that do not comply with the requirements of this Code shall be denied. 5. Waivers. The Community Development Director may waive or approve minor modifications of any development standard or review standards contained in this Section upon a finding that such waiver or modification: a. Is consistent with the stated purposes of this Section; and b. Will have no significant adverse impacts on wildlife species or habitat; and c. Any potential adverse impacts will be mitigated or offset in compliance with the guidelines set forth in the Colorado Parks and Wildlife “Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado”; and d. Application of the standard or criteria is not warranted or feasible based on the location of the development, the absence of a particular species on the site, or other relevant factors as determined by the Community Development Director. G. Development Standards. The following standards shall establish Limitation of Disturbance requirements for development activities, limit site disturbances from wildlife habitat areas, and ensure the protection of native vegetation, habitat areas, and wildlife during and after development. 1. No development, including grading, landscaping, or construction, shall be permitted outside of LOD areas. Development in wildlife habitat areas shall be limited to the greatest extent possible. A mitigation hierarchy, as described in the wildlife conservation plan, shall be used in the development's design and during construction. The steps in the hierarchy are as follows: a. Avoidance. Leave wildlife habitat functionally intact with no direct, indirect, or cumulative adverse impacts to wildlife resources. b. Minimization. Reduce the adverse impacts of anthropogenic disturbance on wildlife resources. 2. Mitigation. Take actions that result in habitat uplift for impacted wildlife populations equal to or greater than the proposed disturbances. Examples of mitigation include: a. Reclamation of a site when operations are complete; b. Creation of additional or improved habitat in the immediate area to compensate for any habitat losses resulting from the development; c. Re-establishment of populations impacted by development; and d. Offsite mitigation to compensate for impacted habitat. 3. An explanation of the design process that details how the mitigation hierarchy was used in the design of the project, along with the alternatives that were considered, shall be included in the Wildlife Conservation Plan. 4. Proposed development shall be designed to preserve large areas of vegetation used by wildlife for food and cover, based upon recommendations by CPW. Special consideration shall be given to trees and shrubs with high wildlife food value, especially heavy seed-, berry-, and fruit-producing species. 5. Proposed development shall maintain connectivity of habitats and provide wildlife corridors around and within the development area. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 40 of 69 6. Vegetation removed to control noxious weeds is not required to be replaced, unless the site requires revegetation to prevent other noxious weeds from becoming established. 7. New road and driveway construction through wildlife areas and migration routes shall be avoided. If an alternative location is not feasible, mitigation measures, including but not limited to seasonal closures, may be required as a condition of approval. 8. Development should be clustered to the maximum extent possible to minimize impact on wildlife. 9. Construction activities should be limited to timeframes outside of sensitive seasons. Specific timing limitations may be approved as a condition of approval pursuant to a recommendation from CPW. 10. Where domestic animals are permitted to be kept, controls to prevent the harassment, disturbance, and killing of wildlife, and to prevent the destruction of wildlife habitat, shall be included. 11. No fencing shall exceed forty (40) inches in height, except to the extent that such fencing is approved by the Department to confine permitted domestic animals or to protect permitted ornamental landscaping or gardens. 12. Fences higher than forty (40) inches may be allowed if adequate openings are provided for the passage of deer, elk, or other identified wildlife. These openings shall be at least six (6) feet wide and spaced a maximum of fifty (50) feet apart along continuous fence lines exceeding this length. 13. No fencing using barbed wire shall be allowed. 14. Fencing materials and design shall be reviewed and approved by the Community Development Director or the Decision-Making Body as part of the Wildlife Conservation Plan. 15. Applicants may submit alternative fence designs that do not adhere to the requirements of this Section. The Community Development Director may approve alternative fence designs based on the following criteria: a. Site conditions require alternative fence designs to ensure the safety and welfare of residents and property on the subject parcel, or b. Compliance with the fencing requirements herein would create conditions detrimental to the wildlife protection purposes of this Section, and c. No alternative design would achieve the requirements of Subsections A and B above. 16. Exterior Lighting. Use of exterior lighting shall be minimized in areas of important wildlife habitat, and lighting shall be designed so that it does not spill over or onto such critical habitat. See also §6.8 below. 17. Refuse Disposal. Developments on sites containing important wildlife habitat, such as black bear, must use approved animal-proof refuse disposal containers. With Division of Wildlife approval, refuse disposal containers and enclosures may be electrified. 18. Domestic Animals. Development applications for property that includes important wildlife habitat must include a plan with specified enforcement measures to control domestic animals and household pets. The plan must include provisions to prevent the harassment, disturbance, and killing of wildlife, and the destruction of important wildlife habitat. 19. To protect and enhance wildlife habitat on private property, plantings are restricted to native species on the Recommended Plant List. There shall be no introduction of plant species that are not on the approved landscaping list in the "ComDev Recommended Plant List" on any site containing any important wildlife habitat area. Plans approved under the provisions of this Code shall show existing herbaceous and woody cover on the site, as maintained, and the minimization of native vegetation removal during and after development. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 41 of 69 20. Where a pre-development wildlife and habitat survey required under §6.5.L identifies the presence or potential presence of any species listed as threatened or endangered under the federal Endangered Species Act of 1973 (ESA), 16 U.S.C. §§ 1531–1544, or any designated critical habitat as defined under 16 U.S.C. § 1532(5), the applicant's wildlife conservation plan shall include mitigation measures sufficient to avoid any "take" of listed species as prohibited by 16 U.S.C. § 1538 and defined under 16 U.S.C. § 1532(19) and 50 C.F.R. § 17.3. a. The wildlife conservation plan shall demonstrate compliance with all applicable ESA requirements, including, where applicable, consultation with the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the ESA, 16 U.S.C. § 1536, or, for non-federal actions, the procurement of an Incidental Take Permit accompanied by an approved Habitat Conservation Plan pursuant to Section 10 of the ESA, 16 U.S.C. § 1539. b. No development approval shall be granted until the applicant provides documentation satisfactory to the Community Development Director confirming that the proposed development will not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat in violation of ESA Section 7(a)(2), 16 U.S.C. § 1536(a)(2), or, where a Section 10 Incidental Take Permit is required, until such permit has been issued by the applicable federal agency. § 6.8 EXTERIOR LIGHTING A. Purpose. The Town of Estes Park acknowledges that some artificial lighting at night (ALAN) is appropriate and necessary for the safety of people at night. Because the effects of light pollution can persist as far as 120 miles from the source, local control of exterior lighting is necessary for night sky preservation and ecological protection. A dark night sky is currently an endangered resource, but it is essential for the health of both flora and fauna. Access to the natural nighttime environment and the stars above is an important part of human heritage and part of what makes the Town a special place. This Section includes responsible exterior lighting practices to ensure lighting needs do not adversely impact adjacent properties, community character, or this unique region of the Front Range. B. Applicability. 1. The lighting requirements of this section shall be applicable to all exterior lighting being installed, altered, or replaced on all property types within the Town of Estes Park. This includes the use of light, hours of operation, and the obligation to mitigate light trespass. All new development and newly installed luminaires shall comply with the lighting standards in this Section. 2. Existing outdoor lighting lawfully installed prior to enactment and not meeting the requirements of this code shall be considered legal and repairable but non-conforming. 3. All non-conforming Luminaires may continue to be used and maintained until one of the following occurs: a. A determination by the Department that an outdoor light source constitutes a nuisance or hazard to public safety. b. When a property is re-zoned for new land use, at which time all outdoor lighting on the property shall meet the requirements of this code before the new use commences. C. Exempt Lighting: The following exterior lighting categories are exempted from regulation by this section: 1. Lawful: Lighting requirements mandated by a legal jurisdiction, code, or organization with broader authority (e.g., federal, state, or territorial) than the Town of Estes Park, including but not limited to: a. Navigational lighting systems regulated by the Federal Aviation Administration DRA F T Created: 2024-09-16 09:26:53 [EST] Page 42 of 69 b. Any conflicting building code or Department of Transportation illumination requirements. c. Lighting for first responders, emergency procedures, and worker safety is mandated by the Occupational Safety and Health Administration or other federal requirements. 2. Temporary: Please refer to Section 2.10 for standards regarding temporary lighting. 3. Seasonal: Seasonal Lighting that is displayed outdoors or through windows for a period not exceeding forty-five (45) consecutive days, which may not occur more than two times per year on private property. a. Seasonal lighting displayed on public property or on behalf of a governmental entity is exempt between November 1st and February 1st. 4. Prohibited Lighting: a. Obtrusive i. Structure-mounted flood lights that are adjustable and outward-facing are prohibited for use as area lighting. a) Exception: Luminaires used for security shall be allowed during Nighttime Curfew when activated and controlled by motion detection. ii. Beacons, searchlights, flashing, or other moving lights are prohibited, except for emergency use by authorized first responders or for other governmental purposes, including seasonal lighting displays. b. Public Right-of-Way Interference i. Any lighting that distracts or disables the vision of a motor vehicle operator (e.g., is animated, strobing, or blinking), has a motion sensor triggered by motion past the property line, or contributes to traffic control confusion (e.g., resembles railroad signals). D. Reviewing Lighting 1. Nuisance Lighting: Complaints received about exterior lighting creating a public nuisance will be evaluated by Town staff. This may involve: a. Identifying if the nuisance complaint involves lighting that is considered prohibited by this standard, or b. Identifying if the lighting is in violation of the Light Trespass requirements in 6.8.D by taking measurements along the property line with an illuminance meter, or c. Identifying if the exterior lighting is being operated outside of the appropriate Nighttime Curfew hours. 2. All new exterior lighting shall be evaluated during the pre-development or building permit review processes to ensure that the functional and security needs of the project or installation are met in a way that does not adversely affect the adjacent properties, neighborhoods, or the environment. Such evaluation may require: a. An exterior lighting tabulation, which shall include luminaire identification (model numbers), their quantities, intended installation locations on the site plan, and the lumen outputs for each luminaire. This information should be used to calculate the total number of lumens anticipated on the property and the density of lumens per square foot through the use of the property size. b. A site plan showing the intended luminaire locations, photometric calculation points, and a light trespass line at the property line to demonstrate conformance with this ordinance. c. Other items as established or modified by the Department. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 43 of 69 E. Lighting Zones 1. Introduced in the late 1990s, Lighting Zones (Lz) are an accessible strategy to achieve more consistent lighting across an area by linking an appropriate amount of ambient light to the existing land use conditions. Knowing where a certain level of light belongs in a community is key to preventing light pollution and nuisance lighting. This method leverages the way human vision adapts to low light to improve wayfinding and create a more comfortable nighttime environment. 2. There are six Lighting Zones officially defined in ANSI/IES RP-43-25 Lighting Exterior Applications. Three of them apply to the conditions in and around the Town. They are: a. LZ0 – Minimal Ambient Light Levels, rural character, and a natural night b. LZ1 – Low Ambient Light Levels, neighborhood character c. LZ2 – Moderate Ambient Light Levels, town centers with some nighttime activity 3. Table 6.1 Lighting Zones by Land Use Zones captures the current Lz expected to apply to each zone in the Town. Where other conditions impact this, the notes in the table indicate how to proceed. Table 6.3: Lighting Zones by Land Use Zones -1 -1 -2 -1 Lz0 Lz1 X X X X X X X X1 Lz2 X1 X X X X Notes: [1] Commercially zoned parcels that are for outdoor recreation shall be considered Lz1. [2] Newly annexed lands shall default to Lz0 until they are further developed. 4. An illustrative map of this is shown below. It is subject to change due to the annexation, rezoning, or development activities taking place in the Town. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 44 of 69 F. Design Standards. All exterior lighting installed shall abide by these standards: 1. Light Trespass: a. All exterior luminaires shall be located or optically shielded such that the point light source is not visible from adjacent property or public right-of-way. b. Unless otherwise specified, Light Trespass should not exceed the following levels when measured at any location along the property line. Refer to Table 6.2. Table 6.4: Light Trespass Limits by Lighting Zone Lz0 Lz1 Lz2 Footcandles (fc) 0.05 0.1 0.3 Lux 0.5 1.0 3.0 2. Lumen Allowances: a. Residential Lighting i. Individual luminaires on residential properties shall not exceed 850 lumens. ii. The total lumen density shall not exceed 2.5 lumens per square foot of a property, never exceeding 12,000 total lumens. The minimum amount of light needed to create a comfortable environment should be used. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 45 of 69 b. Non-Residential Lighting i. Exterior lighting installed for all properties shall not exceed 50% more than the light level allowed by ANSI/IES RP-43-25, or another nationally recognized Lighting Standard selected by the Town. ii. Table 6.4 Non-Residential Site Lumen Allowance by Lighting Zone indicates the total lumens allowed from all property light sources. Table 6.5: Non-Residential Site Lumen Allowance by Lighting Zone Lighting Requirement Unit Lz0 Lz1 Lz2 Tree, Landscape, and Sculpture Beds lm / s.f. 0.5 1 2 Walkways/Stairs/Parking Lot lm / s.f. 1.00 1.25 1.50 Outdoor Dining lm / s.f. n/a 2 2.5 3. Shielded: a. Light fixtures shall be fully shielded or have an Uplight rating of U0 per the BUG Rating system. b. Light fixtures shall emit no light above 80o or have a maximum Glare rating used in the Town, which shall be G2. 4. Aimed: a. General façade lighting shall be aimed downwards. When architectural feature lighting is aimed upwards, no light may spill past the edge or roofline of the building. b. Landscape lighting shall be aimed such that its direct light output is contained to the foliage or feature being lit and so the point light source is not visible from adjacent properties. c. Flagpoles on private property may be illuminated by either: i. One luminaire mounted on top of the flagpole that only directs light downward. ii. A maximum of 3 in-ground uplights, or 3 shielded spotlights that are surface-mounted at grade, that direct light upward. The maximum beam spread of any individual light source shall be no more than 24 degrees. 5. Correlated Color Temperature a. The maximum allowable Correlated Color Temperature (CCT) for exterior luminaires is 3000K. b. When a warmer CCT is preferred (1800K - 2700K), it must be used for the entire property. Properties shall not have multiple CCTs. c. Non-white light sources may be used for decorative feature lighting, provided they are not color- changing. 6. Curfew a. Non-essential exterior lighting, including but not limited to landscape and decorative lighting elements, shall either be extinguished or dimmed by at least 50% during Nighttime Curfew (10 PM to 7 AM). b. Luminaires that are activated or increase their lumen output by motion detection shall automatically return to their prior state no greater than [5] minutes after activity is no longer detected. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 46 of 69 7. Mounting Heights a. Bollard or pathway lighting shall be mounted no higher than four (4) feet. b. Structure-mounted lighting shall be mounted no higher than fifteen (15) feet and must be directed downward. c. Pole-mounted pedestrian area lighting shall be mounted no higher than fifteen (15) feet. d. Parking lots and privately-owned street lighting shall have a maximum pole height of twenty-five (25) feet. 8. Dedicated Sports Lighting a. Eighty-five percent (85%) of the Lumens generated by sport and recreation lighting shall be confined to within a distance equal to one pole height beyond the playing field, spectator track, or bleacher area, whichever is greater. b. The maximum CCT for exterior sports lighting should be the lowest possible for the sport and class of play, never exceeding 5700 K. c. Under no circumstances shall illumination of the playing field, court, or track be permitted after 10:00 PM, except to conclude a scheduled event that was in progress and circumstances prevented its conclusion before 10:00 PM. § 6.9 OPERATIONAL PERFORMANCE STANDARDS Building and property operations incompatible with community character — including excessive noise, light spillover, vibration, odor, and similar nuisance conditions — can diminish the livability of residential neighborhoods, impair the character of commercial areas, and adversely affect the health, safety, and welfare of residents and visitors. This Section establishes minimum performance standards for the ongoing operation of land uses within Estes Park to ensure compatibility with surrounding properties and consistency with community character. A. Applicability. In addition to any standards required in the underlying zoning districts, all development shall meet the following performance standards: B. Noise. All land uses and new development subject to this Code shall comply with the noise standards found in Estes Park Municipal Code Section 8.06 C. Operational/Physical Compatibility. The following conditions may be imposed upon the approval of any development to ensure that it is compatible with existing uses, including but not limited to: 1. Placement of trash receptacles; 2. Location of loading and delivery areas; 3. Location, intensity, and hours of illumination; and 4. Additional landscaping and buffering. D. Evidence of Compliance. The Decision-Making Body shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary prior to issuance of the project development plan approval, a building permit, or a certificate of occupancy. § 6.10 PARKING, LOADING, AND STACKING REQUIREMENTS A. Applicability. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 47 of 69 1. New Development/Exemption for New Development in the CD District. The off-street parking standards of this Section shall apply to all new buildings, structures, development activities, and land uses subject to this Code, except that the off-street parking and off-street loading standards of this Section shall not apply to new development and land uses in the CD Downtown Commercial zoning district. 2. Expansions and Alterations. The off-street parking standards of this Section shall apply when an existing structure or use is expanded or enlarged, or when any development activity results in a change to on-site parking conditions. Additional off-street parking spaces will be required only to serve the enlarged or expanded area, not the entire building or use, provided that in all cases the number of off-street parking spaces provided for the entire use (pre-existing + expansion) must equal at least seventy-five percent (75%) of the minimum requirements established in §6.10-D below. B. No Reduction Below Minimums. Except for the rules established in §6.10-C, existing parking spaces may not be reduced below the minimum requirements established in this Section. Any change in use or manner of operation that increases applicable off-street parking requirements will be deemed a violation of this Code unless parking spaces are provided in accordance with this Section. C. Rules for Computing Parking Requirements. The following rules apply when computing off-street parking requirements: 1. Multiple Uses. Unless otherwise approved, off-street parking areas serving more than one (1) use must provide parking and loading in an amount equal to the combined requirements of each use. 2. Fractions. When measurement of the number of required spaces results in a fractional number, any fraction of one-half (½) or less shall be rounded down to the next lower whole number, and any fraction of more than one-half (½) shall be rounded up to the next higher whole number. 3. Area Measurements. Unless otherwise specifically noted, all square footage-based parking and loading standards must be computed on the basis of gross floor area. 4. Occupancy- or Capacity-Based Standards. For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment, or the maximum fire-rated capacity, whichever is applicable, and whichever results in the greater number of spaces. 5. Unlisted Uses. Upon receiving a development application for a use not specifically listed in the off-street parking schedule below, the Department shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use, or shall establish minimum off-street parking requirements pursuant to §6.10.E below. D. Public Parking. On-street and off-street parking designated for general public use shall not be counted toward the computation of minimum parking requirements. E. Attainable Housing Uses. The required parking requirement may be reduced to one (1) space per attainable housing unit (refer to §13.3), but the reduction may not exceed fifty percent (50%) of the total required parking spaces. F. Minimum Off-Street Parking Requirements. The following Off-Street Parking Schedule establishes the minimum number of off-street parking spaces to be provided for the use categories described in this Code (See Table 6.6). Table 6.6 DRA F T Created: 2024-09-16 09:26:53 [EST] Page 48 of 69 Use Classification Specific Use Minimum Number of Off-Street Parking Spaces (See §6.10-C above for measurement rules) Group Household Living Detached single- family household dwellings (Apartments and park and Mobile Institutional, Civic, and Public Use Classification Membership Clubs, Lodges, or Associations Small Large + 1 spaces per 10 children facilities DRA F T Created: 2024-09-16 09:26:53 [EST] Page 49 of 69 Facilities + 1 space per service bay See Without Repairs retirement facility employee (peak shift) employee (peak shift) employee (peak shift) Accommodation Use Classification Accommodations Inn: 8 and under Inn: 9 and over employee (peak shift) and under occupants and over occupants low-intensity Accommodations employee (peak shift) park/campground per 10 sites (visitor parking) DRA F T Created: 2024-09-16 09:26:53 [EST] Page 50 of 69 Housing Commercial/Retail Use Classification Daycare Facility institution vehicle stacking spaces as (including outdoor storage area) Establishment (including outdoor storage area) Establishments micro- distillery/ or food service service vehicle stacking spaces as vehicle stacking spaces as with fuel sales space per gas pump + vehicle stacking spaces as required in DRA F T Created: 2024-09-16 09:26:53 [EST] Page 51 of 69 with outdoor seating or food service vehicle stacking spaces as required in §6.10-I 300 sqft of GFA (whichever is Service office/administrative space + 1 space per 1,000 sqft of additional GFA + 1 space per 2000 sqft of GFA + 1 space per 2000 sqft of Facility lane) GFA + vehicle stacking spaces as service) GFA + vehicle stacking spaces as services GFA + 1 space per service bay + vehicle stacking spaces as station GFA + 1 space per gas pump + vehicle stacking spaces as Services office GFA + Land area up to 5,000 square feet: 1 per 500 DRA F T Created: 2024-09-16 09:26:53 [EST] Page 52 of 69 10,000 square feet: 1 per 750 square feet; Land area greater than 10,000 square feet: 1 per 1,250 square feet sales and rentals Facilities Alternative Tower Structures, Alternative Tower Structures within Recreational Use Classification Entertainment Establishments, Indoor Entertainment Establishments, Outdoor See livery stables, roping or equestrian arenas Major Recreational Facility or Club 200 sqft of clubhouse GFA Facilities-Public See Facilities-Private See See Industrial Use Classification DRA F T Created: 2024-09-16 09:26:53 [EST] Page 53 of 69 Winery per employee (peak shift) employees) or 1 space per 1000 employees) or 1 space per 1000 employees) or 1 space per 1000 Distribution sales/distribution (including storage area) E. Parking Studies. 1. Several use classifications or specific uses listed in the off-street parking schedule above have widely varying parking and loading demand characteristics, making it impossible to specify a single off-street parking or loading standard. Upon receiving a development application for a use subject to this Section (as cross-referenced in the above off-street parking schedule), the Department shall apply the off- street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or shall establish minimum off-street parking requirements on the basis of a parking and loading study prepared by the Applicant. 2. The parking and loading study must include estimates of parking demand based on recommendations of the latest version of the Institute of Traffic Engineers (ITE) manual, or other acceptable estimates as approved by the Department, be conducted by a transportation professional, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, activity type, and location. The study must document the source of data used to develop the recommendations. F. Location. 1. Except as otherwise expressly provided in this Section, required off-street parking spaces shall be located on the same lot or parcel as the principal use. (See Off-Street Parking Alternatives, §6.10-G below.) DRA F T Created: 2024-09-16 09:26:53 [EST] Page 54 of 69 2. In all nonresidential zoning districts except the CH district, off-street parking shall not be located within the required front yard setback area. In the CD district, off-street parking shall also not be located between the lot line and the building line parallel to an arterial or collector street. See also §3.4., "Vehicular Access and Circulation Requirements." 3. All off-street parking areas shall be separated from arterial street property lines by a landscaped buffer area at least twenty-five (25) feet wide, and from other street property lines by a landscaped buffer area at least fifteen (15) feet wide. See §6.3-H, "Buffering and Screening," and Figure 6-9 above. 4. See §6.5-E for required parking area setbacks from delineated river/stream corridors and wetlands. 5. Parking for detached single-family and multi-family dwellings may be located in residential driveways (excluding RVs and boats). 6. Guest Parking. Shared driveways may not be counted toward the guest parking requirements unless it is demonstrated that the design will not interfere with adjoining traffic movements. Guest parking shall be located to provide convenient access to all units and shall be dispersed throughout the site. G. Off-Street Parking Alternatives. The Department shall be authorized to approve alternatives to providing the number of off-street parking spaces required by the off-street parking schedule (See §6.10-D above), parking study, and be in accordance with the following standards: 1. Off-Site Parking. The Department may approve off-site parking facilities if the off-site parking complies with all of the following standards: a. Ineligible Activities: Off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking), restaurants, convenience stores, or other convenience-oriented uses. Required parking spaces reserved for accessible parking may not be located off-site. b. Location: No off-site parking space may be located more than six hundred (600) feet from the primary entrance of the use served (measured along the shortest legal pedestrian route), unless remote parking shuttle bus service is provided. Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than eighty (80) feet, unless a grade-separated pedestrian walkway is provided, or other traffic control or remote parking shuttle bus service is provided. c. Remote Parking Shuttle Bus Service: Service may be approved by the Department as an alternative means of access to required off-site parking spaces located beyond the distance limits of this Section, provided that the remote parking area is under common ownership or subject to a written lease, easement, or other recorded agreement ensuring continued availability of the required spaces, and that the applicant submits an operations plan identifying the parking location, number of spaces, shuttle route, pick-up and drop-off locations, days and hours of operation, service frequency, and signage. The shuttle service shall operate during all hours the use is open and shall not obstruct fire lanes, accessible routes, loading areas, or internal circulation. Public on-street parking spaces shall not be used as required remote parking unless expressly authorized by this Code, and if the shuttle service is discontinued, the user shall provide parking in compliance with this Section or obtain approval of an alternative parking arrangement. d. Zoning Classification: Off-site parking areas must be located on a site with the same or a more intensive zoning classification than required for the primary use served. e. Agreement for Off-Site Parking: i. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement in a form approved by the Department between the record owners will be required. The agreement must guarantee the use of DRA F T Created: 2024-09-16 09:26:53 [EST] Page 55 of 69 the off-site parking area for at least ten (10) years. An attested copy of the agreement between the owners of record must be submitted to the Department for recordation. ii. Recordation of the agreement must take place before issuance of a Building Permit or Certificate of Occupancy for any use to be served by the off-site parking area. An off-site parking agreement may be revoked only if all required off-street parking spaces are provided on-site in accordance with the off-street parking schedule. (See subsection D above.) No use shall be continued if the off-site parking is removed unless the Department is notified at least sixty (60) days prior to the termination of a lease for the off-site parking and substitute parking facilities are provided. 2. Shared Parking. The Department may approve shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with all of the following standards: a. Location. Shared parking spaces must be located within six hundred (600) feet of the primary entrance of all uses served, unless remote parking shuttle bus service is provided. b. Zoning Classification. Shared parking areas must be located on a site with the same or a more intensive zoning classification than required for the primary uses served. c. Shared Parking Study. Those wishing to use shared parking to satisfy off-street parking requirements must submit a shared parking analysis to the Department that clearly demonstrates its feasibility. The study must be provided in a form established by the Department and must be made available to the public. It must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. d. Agreement for Shared Parking. A shared parking plan will be enforced through a written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Department for recordation in a form established by the Town or County Attorney. Recordation of the agreement must occur before the issuance of a building permit for any use served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces are provided in accordance with the off- street parking schedule (See §6.10-D above). H. Use of Off-Street Parking Areas. Required off-street parking areas, including parking spaces and drive aisles, are to be used solely for the parking and maneuvering of licensed motor vehicles in operating condition. Required spaces may not be used for the display of goods for sale, rent, or lease, or for the storage of any inventory, equipment, vehicles, boats, motor homes, campers, mobile homes, or building materials. I. Vehicle Stacking Areas. The vehicle stacking standards of this subsection shall apply unless otherwise expressly approved by the Department. 1. Minimum Number of Spaces. Off-street stacking spaces shall be provided as follows: Table 6.7 Required Off-Street Stacking Spaces Activity Type Minimum Stacking Spaces Measured From: Bank teller lane 4 Teller or Window Automated teller machine 3 Teller DRA F T Created: 2024-09-16 09:26:53 [EST] Page 56 of 69 Restaurant drive-through 6 Order Box Restaurant drive-through 4 Order Box to Pick-Up Window Car wash stall, automatic 6 Entrance Car wash stall, self-service 3 Entrance Fuel/gasoline pump island 2 Pump Island Other Determined by the Traffic Engineer based on the Traffic Study 2. Design and Layout. Required stacking spaces are subject to the following design and layout standards (See Figure 6-12): a. Size: Stacking spaces must be a minimum of eight (8) feet by twenty (20) feet in size. b. Location: Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces. c. Design: Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Department for traffic movement and safety. d Screening: If located adjacent to any street, stacking lanes and spaces shall be screened from street view by a three-foot-high wall, berm, or fully opaque evergreen landscape hedge. Figure 6-12 J. Accessible Parking for Disabled Persons. In all parking lots, a portion of the total number of required off- street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities pursuant to the requirements of the Americans with Disabilities Act (ADA) and this section. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 57 of 69 1. Number of Spaces. The minimum number of accessible spaces to be provided shall comply with applicable town, county, state, and federal codes and/or regulations. Table 6.5 provides guidelines for the provision of accessible parking spaces. Standards may vary depending on the proposed use. Parking spaces reserved for persons with disabilities shall be counted toward the fulfillment of off-street parking standards. Table 6.5 Number of Accessible Parking Spaces Required Total Parking Spaces Provided Minimum Number of Accessible Spaces Minimum Number of Van-Accessible Spaces Minimum Number of Car- Accessible Spaces 1-25 1 1 0 26-50 2 1 1 51-75 3 1 2 76-100 4 1 3 101-150 5 1 4 151-200 6 1 5 201-300 7 1 6 301-400 8 1 7 401-500 9 2 7 501-1,000 2% of total spaces 1 out of every 8 accessible spaces 7 out of every 8 accessible spaces Over 1,000 20 + 1 per every 100 spaces over 1,000 2. Minimum Dimensions. All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this Section, provided that access aisles shall be provided immediately abutting such spaces, as follows: a. Car-Accessible Spaces: Car-accessible spaces shall have at least a five-foot-wide access aisle located abutting the designated parking space. b. Van-Accessible Spaces: Van-accessible spaces shall have at least an eight-foot-wide access aisle located abutting the designated parking space. 3. Location of Spaces. Required spaces for persons with disabilities shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path. 4. Signs and Marking. Required spaces for persons with disabilities shall be marked with signs and pavement markings indicating they are reserved for persons with disabilities. Signs shall be posted directly in front of the parking space at a height of no less than forty-two (42) inches and no more than seventy-two (72) inches above pavement level. K. Access to Parking Areas. 1. Backing Prohibited. All off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way, unless it is physically impossible to provide for such access. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 58 of 69 2. Driveways. Driveways shall have the following minimum widths at the gutter line, plus a minimum of one (1) foot additional clearance on each side of a vertical obstruction exceeding one-half (0.5) foot in height. (See Table 6.6) Table 6.6 Use Served Number of Spaces Width (feet) Residential 6 or fewer 10 7+ 12 if 1-way 20 if 2-way Nonresidential 19 or less (Ord. 8-05 #1) 12 if 1-way 20 if 2-way 20+ 15 if 1-way 24 if 2-way Note: The Department may require driveways wider than these widths where unusual traffic, grade, or site conditions prevail. The Department may require that driveways be constructed with full curb returns and handicapped ramps, rather than simple curb depressions. L. Off-Street Parking Area Landscaping and Buffering. Off-street parking areas shall be landscaped and buffered in accordance with the standards of §6.3-I. M. Bicycle Parking. 1. Bicycle Parking Requirements. For premises requiring ten (10) or more vehicular parking spaces, bicycle racks that facilitate locking shall be provided to accommodate one (1) bicycle per ten (10) parking spaces, or a fraction thereof. 2. Location of Spaces. Required bicycle parking spaces shall be located within fifty (50) feet of the main entrance of a building, be well-lit, and visible to pedestrians and bicyclists. 3. Bicycle Parking Spacing. Bicycle parking spaces must have a minimum dimension of two feet wide by six feet long, with a minimum overhead vertical clearance of seven feet. Bicycle parking spaces must be accessible without having to move another bicycle. There must be an aisle at least five feet wide between each row of bicycle parking to allow room for bicycle maneuvering. 4. Bicycle Parking Design. Bicycle parking must allow locking the bicycle frame and one (1) wheel to the rack and shall support a bicycle in a stable position with a minimum of two points of contact with the bicycle frame. Examples of bicycle parking designs that meet these requirements (see Figure 6-13) and those that do not (see Figure 6-14) are shown below. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 59 of 69 Figure 6-13 Permitted Bicycle Parking Designs Figure 6-14 Bicycle Parking Designs Not Permitted N. Off-Street Loading Requirements. 1. Off-Street Loading Schedule. Off-street loading spaces shall be provided in accordance with the off- street parking schedule (§6.10-D above) and the following schedule set forth in Table 6.8. Table 6.8 Gross Floor Area Minimum Number of Loading Spaces Required Type A Type B Loading Group 1 0 - 5,000 square feet - - 5,001 - 15,000 square feet - 1 15,001 - 50,000 square feet - 2 50,001+ - 3 DRA F T Created: 2024-09-16 09:26:53 [EST] Page 60 of 69 Loading Group 2 0 - 10,000 square feet 1 - 10,001 - 20,000 square feet - 1 20,001+ 1 1 Loading Group 3 0 - 30,000 square feet - 1 30,001 - 100,000 square feet - 2 100,000+ - 3 Notes: • Type A: 10-foot minimum width, 20-foot minimum length, and 10-foot minimum vertical clearance • Type B: 12-foot minimum width, 35-foot minimum length, and 14-foot minimum vertical clearance 2. Location (See Figure 6-15): a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. A loading area shall not be located in a required setback. In addition, street-side loading docks shall be set back at least seventy (70) feet from the street property line or one hundred ten (110) feet from the street center line, whichever is greater. c. No loading bay may intrude into any portion of a required parking aisle or access dimension. Loading areas visible from a street shall be screened on three (3) sides by a solid, decorative building extension, fence, wall, or hedge at least six (6) feet in height. Figure 6-15 DRA F T Created: 2024-09-16 09:26:53 [EST] Page 61 of 69 3. Access. a. A required loading space shall be accessible without backing a truck across a street property line unless the Department determines that provision of turn-around space is infeasible and approves alternative access. b. An occupied loading space shall not prevent access to a required off-street parking space. O. Parking and Loading Area Design Standards. 1. Markings. a. Each required off-street parking space and off-street loading facility shall be identified by surface markings, and such markings shall be maintained in a manner so as to be readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Markings required to be maintained in a highly visible condition include, but are not limited to, striping, directional arrows, and lettering on signs and in handicapped-designated areas. b. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than ninety (90) degrees to a street shall be marked with a traffic separation stripe the length of the access. This requirement does not apply to aisles. c. Parking lot striping shall be white. 2. Surfacing and Maintenance. All off-street parking areas, loading areas, and access drives servicing eight (8) or more parking spaces shall be surfaced with at least two (2) inches of bituminous paving material or four (4) inches of concrete or another approved hard surface, including a pervious paving system, designed and installed to provide a durable, dust-free, and all-weather surface. Unpaved or aggregate surfacing may be permitted for trailheads and similar low-intensity recreational uses where approved by the reviewing authority based on the nature of the use, site conditions, drainage, erosion control, and long-term maintenance. 3. Parking Stall Dimensions. Standard parking spaces shall conform to the dimensions shown in the following Table 6-9 (See also Figure 6-16): Where: A = Angle of Parking B = Stall Width C = Stall Length D = Stall Depth E = Curb Length per Stall F = Aisle width for two-way traffic, with two-sided loading G = Aisle width for one-way traffic, with one-sided or two-sided loading Table 6.9 A B C [1] D E F G 0 degrees 9 23 N/A 23 20 12 30 degrees 9 20 17.4 17 20 15 DRA F T Created: 2024-09-16 09:26:53 [EST] Page 62 of 69 45 degrees 9 20 20.2 12 20 15 60 degrees 9 19.5 21 10.4 24 20 90 degrees 9 19.5 19.5 9 24 22 Notes: [1] Up to 2 feet of the required parking space length may overhang a sidewalk, landscape island, planter, or other area not intended for vehicular travel, provided that wheel stops or curbing are installed as necessary and that any required clear sidewalk or pedestrian walkway width is maintained exclusive of the overhang Figure 6-16 4. Wheel Stops and Continuous Curbs. a. General. Wheel stops or continuous curbs shall be provided and located to protect required screening devices, landscaping, and pedestrian ways from damage or encroachment of vehicles and to provide necessary traffic control in the off-street parking or loading area. b. Wheel Stops. The wheel stop shall be constructed of reinforced concrete, stone, or other durable material six (6) inches in height, six (6) inches in width, and eight (8) feet in length. The wheel side of a wheel stop shall be placed two and one-half (2½) feet from the end of the parking space, and the wheel stop shall be centered within the width of the parking space, as illustrated below. All wheel stops shall be securely attached to the ground. No reduction in the paved area of the required parking stall length shall be made because of the use of wheel stops. c. Continuous Curbs. i. Continuous curbs shall be constructed of asphalt, concrete, or stone, and shall be a minimum of six (6) inches in height and six (6) inches in width. ii. Continuous curbs shall form a continuous edge around landscaped areas adjacent to parking or maneuvering areas unless such areas are protected by wheel stops. iii. Where continuous curbs are used, the paved area of the parking stall length otherwise required by this Section may be reduced by two and one-half (2½) feet, provided that the vehicle overhang will not encroach on pedestrian circulation or the required setback for plant growth (see paragraph d. below). d. Placement. Wheel stops or continuous curbs shall be located a minimum of four (4) feet from any structures, buildings, walls or plant material, excluding groundcover, to prevent a vehicle from driving onto the landscape area or hitting any structure or plant material at the edge of the DRA F T Created: 2024-09-16 09:26:53 [EST] Page 63 of 69 parking area. The mature size of any plant material shall be specified on the development or landscaping plan to determine compliance with this setback requirement. 5. Basins and Drainage Facilities. All basin and drainage facilities shall comply with the Larimer County Stormwater Control Manual, as amended, and the standard drawings and specifications contained or referenced therein. § 6.11 ADEQUATE PUBLIC FACILITIES Sustainable growth in Estes Park depends on public infrastructure and services that meet the needs of current and future development. This Section ensures that adequate public facilities and services are available, or will be made available concurrent with the impacts of development, as a condition of development approval. These standards protect public health, safety, and welfare by preventing development that would overburden existing infrastructure, promoting efficient use of public investment in facilities and services, and ensuring that the costs of infrastructure necessary to serve new development are borne equitably by those who generate the need for it. A. Purpose. The purpose of these adequate public facilities regulations is to ensure that all utilities, facilities, and services needed to support development are available concurrently with the impacts of such development. B. Applicability. Adequate public facilities requirements apply to all new development and subdivisions subject to this Code, except that single-family residential development on a lot created and approved for such use prior to the effective date of this Code shall be exempt from the fire protection and transportation adequate facilities requirements of this Section. C. General Requirements. 1. Approval Conditioned Upon Adequate Public Facilities. The approval of all development shall be conditioned upon the provision of adequate public facilities and services necessary to serve the new development. No building permit shall be issued unless such public facilities and services are in place or the commitments described in this Section have been made. 2. Level of Service Standards. a. This Section establishes the level of service standards for the following public facilities: sewage disposal, water, drainage, transportation, fire protection, and electricity. b. No development plan or building permit shall be approved or issued in a manner that will result in a reduction in the levels of service below the adopted level of service standard for the affected facility. 3. Vehicular Access to Public Streets and Private Driveways. a. No public right-of-way or public access easement shall be gated, have security-personnel stations or facilities, or have similar barriers installed, so as to restrict free vehicular access thereupon. This provision shall not apply to: (a) gates or barriers, temporary or permanent, installed under authority of public safety agencies; (b) temporary street closures under special event permits; (c) permits granted by the Town; or (d) temporary closures required to perform infrastructure work or similar public-property maintenance duties. b. Gate-restricted access and similar physical access-control barriers and facilities shall be permitted across private driveways associated with non-residential developments; provided that: (a) no gates or other access-restriction measures shall be installed across public right-of-way or access easements. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 64 of 69 c. Gates capable of closure and similar barriers shall be specifically prohibited from installation or operation on the primary entrance of a private driveway accessing multi-family dwelling sites. Multi-family dwelling sites shall include private driveways that access multiple single-family dwellings or apartment complexes. These driveways shall be maintained with unobstructed vehicular access between the dwelling entrance(s) and the public street access. However, additional accessways to such developments may be created with emergency-access-only gates or barriers, provided that the design, installation, and operation are approved by appropriate public-safety review entities, including the Estes Valley Fire Protection District (EVFPD) Fire Marshal, for that purpose. d. Temporary closures of private right-of-ways to prevent adverse possession claims for public use shall be allowed. D. Sewage Disposal. 1. Level of Service. All development shall provide adequate and functional sewage service to each lot pursuant to this subsection. Public central sewer service is the preferred method of sewage collection and treatment in all zoning districts in Estes Park. To the maximum extent feasible, this preferred method of service shall be provided. 2. Criteria for New Development. The development shall be served by either the Upper Thompson Sanitation District or the Estes Park Sanitation District, or the development will be served by on-site sewage treatment systems, and all of the following criteria are met: a. The development site is located in a residential zoning district; b. All proposed lots are at least two (2) acres in area; c. An economic analysis of the cost to extend and connect to public central sewer, compared with the cost to design and construct on-site alternatives, shall be submitted for development sites within a current or proposed sewer service area. New development sites may utilize on-site sewer systems only when it can be demonstrated that it is clearly not economically feasible to connect to a central public sewer; and d. An inventory and analysis of site conditions relevant to the use of on-site sewer systems shall be submitted to support their use. Relevant site conditions include but are not limited to: soils, percolation rates, location of bedrock and groundwater, surface water bodies, slopes, rock outcrops, irrigation ditches, and wetlands; and e. Substantial evidence shall be submitted indicating that the design, layout, and density of a development proposal incorporate the inventory and analysis of site conditions noted above. Proposals must demonstrate that site conditions are compatible with the use of on-site sewer systems and that the location of sewer systems will take advantage of favorable site conditions while avoiding significant constraints. Evidence of compatibility may include the intrinsic suitability of soils and other site conditions, development design and density tailored to site constraints, and the ability to meet future lot owners' expectations for operation and maintenance. 3. Minimum Approval Requirements. Adequate sewage disposal facilities and services to support the proposed development shall be available concurrently with the impacts of such development. In this regard, the Decision-Making Body shall require that, at the time of issuance of any building permit, all necessary sewage disposal facilities and services, as described in §6.11.D.2 above, are in place and available to serve the new development in accordance with the approved utility plan for the development. E. Water. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 65 of 69 1. Level of Service. All development shall provide adequate and functional domestic water service to each lot pursuant to this subsection. Public water service is the preferred method of domestic water provision in all zoning districts in Estes Park. To the maximum extent feasible, this preferred method of service shall be provided. 2. Criteria for New Development. New development shall meet one (1) of the following criteria: a. Public Water System. The development will be connected to the Town of Estes Park Water System, or b. Wells. The development will be served by individual or shared wells, and all of the following conditions will be met: i. The development site cannot physically be served by the Town of Estes Park Water System, or the development site is outside the Town's existing or planned water service area; ii. The development site is located in a residential zoning district, and iii. An augmentation plan has been approved, and the Colorado Division of Water Resources confirms that well permits will be issued. 3. Minimum Approval Requirements. Adequate domestic water facilities and services to support the proposed development shall be available concurrently with the impacts of such development. In this regard, the Decision-Making Body shall require that, at the time of issuance of any building permit, all necessary water facilities and services, as described in §6.11.E.2 above, are in place and available to serve the new development in accordance with the approved utility plan for the development. All water system improvements shall be designed and constructed in full compliance with the current technical standards and specifications of the Town of Estes Park Utilities Department, as amended from time to time. The same requirement for compliance with applicable technical standards shall apply to sewer system improvements under §6.11.D. F. Drainage/Water Quality Management. 1. Level of Service. All development shall provide adequate surface, subsurface, and road storm drainage facilities and appurtenances as required by all current and applicable Town of Estes Park storm drainage master plans. Either open or closed drainage systems may be required, depending upon terrain, development density, and other considerations. 2. Minimum Approval Requirements. Adequate stormwater drainage facilities and services to support the proposed development shall be available concurrently with the impacts of such development. Except as set forth below, at the time of building permit issuance, the Decision-Making Body shall require that all necessary drainage facilities and services are in place and available to serve the new development in accordance with the approved drainage and erosion control report and plan for the development. Where multiple building permits are to be issued for a project, twenty-five percent (25%) of the building permits and certificates of occupancy may be issued prior to the installation and acceptance of the drainage facilities. a. A Stormwater Management Plan (SMP) shall be required as part of the development plan for all development subject to this Section. The SMP shall be prepared by a licensed Professional Engineer registered in the State of Colorado and shall, at minimum, comply with the submittal requirements of LCSDS Chapter 2 (Drainage Report Submittal Requirements), including a Preliminary Drainage Report (PDR) submitted prior to final development plan approval and a Final Drainage Report (FDR) submitted prior to building permit issuance. The SMP shall address: i. Existing drainage conditions, including identification of all natural drainage features, wetlands, floodplains, watercourses, and receiving waters on or adjacent to the site; DRA F T Created: 2024-09-16 09:26:53 [EST] Page 66 of 69 ii. Post-development runoff analysis demonstrating compliance with the minor and major storm event design criteria of LCSDS Chapter 3.4, Policy 3; iii. Proposed stormwater management facilities, including sizing calculations for detention, water quality capture volume (WQCV), and extended urban runoff volume (EURV) as applicable under LCSDS Chapters 14 and 15; 3. Review Standards. a. Detention Waiver. On-site detention may be waived by the Decision-Making Body where a licensed Professional Engineer certifies that all of the following are satisfied, consistent with LCSDS Chapter 14: i. The site drains directly to a river, stream, or regional facility with sufficient downstream capacity to accept undetained post-development peak flows without causing adverse flooding, erosion, or damage to downstream properties for the 2-, 10-, and 100-year storm events; ii. Waiver of detention does not relieve the Applicant of the obligation to provide water quality treatment through an alternative SCM per LCSDS Chapter 15; and iii. The discharge point complies with all applicable FEMA floodplain regulations. Written findings documenting satisfaction of these criteria shall be recorded against the property. b. Sediment and Pollutant Interception i. No new development shall discharge stormwater containing sediment, nutrients, hydrocarbons, or other pollutants directly to any river, stream, wetland, or waters of the state without first providing on-site treatment through an approved SCM per LCSDS Chapter 15. All SCMs shall be maintained in perpetuity under a maintenance agreement recorded against the property prior to the issuance of the Certificate of Occupancy. ii. SCM selection shall reflect the land use's primary pollutants of concern (e.g., oil-grit separators for surface parking; bioretention for multi-family; sediment forebays for slopes exceeding 15%). iii. Direct discharge of non-stormwater substances, including concrete washwater, equipment washdown, paint, or sanitary waste to any storm drain, watercourse, or ground surface is prohibited at all times. c. Impervious Area i. Development creating five thousand (5,000) square feet or more of new impervious area, or increasing site impervious coverage by twenty percent (20%) or more, shall include a quantitative impervious area analysis as part of the SMP required under §3a. The analysis shall calculate pre- and post-development peak flow rates for the 2-, 10-, and 100-year storm events and identify downstream properties within one-quarter (¼) mile of the outfall likely to be affected by increased runoff. ii. Where the analysis demonstrates an increase in peak flow rate or runoff volume, the Applicant shall mitigate through on-site detention, LID practices (permeable pavement, bioretention, disconnected downspouts), regional detention participation, or a combination thereof, reducing post-development peak flows to pre-development levels per LCSDS Chapter 14. iii. Redevelopment shall meet these standards for the net new impervious area only. Redevelopment that reduces existing impervious coverage is encouraged and may qualify for expedited review. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 67 of 69 G. Fire Protection. 1. Level of Service. All development shall provide sufficient fire-suppression facilities and adequate access to emergency fire protection services. 2. Criteria for New Development. New development shall provide adequate fire flows and hydrant distribution as required by the latest Insurance Services Office (ISO) "Fire Suppression Rating Schedule" unless alternative service levels are approved by the Town's consulting engineer or Fire Department representative. 3. Minimum Approval Requirements. Adequate fire protection facilities and services to support the proposed development shall be available concurrently with the impacts of such development. In this regard, the Decision-Making Body shall require that, at the time of issuance of any building permit, all such facilities and services, as described in §6.11.G.2 above, are in place and available to serve the new development. H. Transportation. Projects not fronting directly on CDOT right-of-way whose traffic impacts may nonetheless affect state highways shall be referred to CDOT for review and comment as part of the Traffic Impact Analysis process; the Decision-Making Body shall consider CDOT’s written response in evaluating transportation level of service compliance. The Town may require, as a condition of development approval, that the Applicant execute a reimbursement agreement to pro rata recover transportation improvement costs from future developments that directly benefit from such improvements, consistent with applicable Colorado law. 1. Levels of Service. a. General Standard: All developments shall be required to demonstrate that there will be no significant adverse impact on existing transportation levels of service, access, and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site, or that any such adverse impact has been mitigated to the maximum extent feasible. b. Waiver: The Decision-Making Body may waive these requirements upon a showing by the Applicant that the impact of the proposed development on adjacent roads and intersections will be minimal and insignificant. c. Access to Development in All Districts: All development shall have safe and adequate access to the nearest paved road. "Safe and adequate access" shall mean that a paved access road is available to provide access to the nearest paved road on the Town Street System prior to the issuance of the first building permit for the development. d. Right of Access: Applicants shall provide written evidence of recorded, legal access to a public street. 2. Thresholds for Traffic Impact Analysis. a. Traffic Impact Analysis (TIA) may be required to be submitted with applications for development review and approval of: i. Any subdivision or multi-family residential development with twenty (20) or more dwelling units; ii. Any nonresidential development that exceeds fifty (50) peak-hour trips based on traffic generation estimates of the latest edition of the Institute of Transportation Engineers' Trip Generation Manual; iii. Any application for a Zoning Map Amendment (rezoning); or iv. Any development with frontage along a state or federal highway or numbered county road. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 68 of 69 b. TIA Contents. The TIA shall contain the following information: i. Traffic Impact Area. Identification of the precise boundaries of the Traffic Impact Area, which shall be approved in advance by the Department. ii. Current LOS. The current projected average daily traffic volumes (level of service) on the segments and intersections of the road system in the Traffic Impact Area, based upon existing conditions and factoring in already approved developments. For purposes of these transportation facility standards, "approved development" shall mean developments that have received preliminary or final approvals from the EPPC or its predecessors and that have not been completed. iii. LOS Including the Proposed Development. The projected average daily traffic volumes (level of service) for the segments and intersections on the road system in the Traffic Impact Area are based on existing conditions, demands from approved development, and the proposed development. c. Study Findings. A summary outlining the study findings on the traffic impacts of the proposed development, including a detailed description of proposed improvements and mitigation measures necessary to maintain the adopted level of service standard. d. Other Information. Other information as may reasonably be required by the Decision-Making Body or the Department to determine compliance with the applicable level of service standards. 3. Minimum Approval Requirements. At a minimum, the Decision-Making Body shall require that at the time of final plat or development plan approval, all necessary transportation facilities and services to meet the applicable level of service standard are: a. Currently in place and available to serve the new development; or b. Guaranteed by an enforceable development or improvement agreement that ensures that the public facilities will be in place at the time that the impacts of the proposed development will occur. I. Electricity. 1. Level of Service. All development shall provide adequate and functional electric service to each lot pursuant to this subsection. 2. Criteria for New Development. The development shall be served by the Town and shall meet the Town's current standards. 3. Minimum Approval Requirements. Adequate electric services to support the proposed development shall be available concurrently with the impacts of such development. In this regard, the Decision- Making Body shall require that, prior to issuance of the first building permit, all necessary electric services are in place and available to serve the new development or subdivision in accordance with the approved utility plan for the development, i.e., all electric service shall be installed up to and including mains and distribution boxes such as transformers and secondary pedestals. § 6.12 OUTDOOR STORAGE AREAS, ACTIVITIES, AND MECHANICAL EQUIPMENT The purpose of this Section is to ensure that outdoor storage areas, outdoor operational activities, and mechanical equipment — including rooftop, ground-mounted, and wall-mounted equipment — are located, screened, and maintained to minimize their visual impact on surrounding properties, public rights-of-way, and the natural landscape. These standards reflect Estes Park's commitment to preserving the quality of its built environment and its character as a scenic mountain community and tourist destination. DRA F T Created: 2024-09-16 09:26:53 [EST] Page 69 of 69 A. Applicability. This Section shall apply to all new developments and redevelopment subject to this Code. The standards set forth in this Section shall be read in conjunction with any operational performance requirements applicable to the use as set forth in Chapter 3 of this Code; in the event of any conflict, the more restrictive standard shall apply. B. Standards. 1. Areas for outdoor storage, trash collection or compaction, truck parking and loading, HVAC and other equipment, and other similar uses shall be screened by a combination of structures and evergreen landscaping to minimize visibility from adjacent streets and properties. 2. Areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located in the rear of the lot. If that is not feasible, then the side yard can be used, but in no case shall areas be located within twenty (20) feet of any public or private street, sidewalk, or internal pedestrian way. 3. Areas for outdoor storage, HVAC and other Equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall building design and the landscaping plan. Views of these areas shall be screened from visibility from all property lines and separated from pedestrian areas in accordance with the requirements of Chapter 7: Design Guidelines. 4. Conduit, meters, vents, and other equipment attached to the building or protruding from the roof shall be screened by a combination of structures, parapets, coverings, and painting/coloring to minimize visibility from adjacent streets and properties. 5. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls or fences. Materials, colors, and design of screening walls or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, the covering shall conform to the predominant materials and colors used on the building. This subparagraph shall not apply to temporary seasonal sales uses that have valid temporary use permits as set forth in §2.13 of this Code. 6. The following shall apply to outdoor sales: a. The sales and storage area shall be permanently defined and screened with walls or fences. b. The sales and storage area, including all areas within the defining walls or fences, shall be limited to twenty-five percent (25%) of the gross area of the lot. c. Any covering over the sales area shall be of a permanent nature. Tents, canopies, and tarps shall not be permitted. d. Setbacks for any sales and/or storage area shall be the same as required for buildings. e. Sanitation facilities shall be provided. f. Required parking shall be provided in accordance with §6.10 of this Code. DRA F T Estes Park, Colorado, Development Code CHAPTER 7 DESIGN GUIDELINES Page 1 of 8 CHAPTER 7. DESIGN GUIDELINES § 7.1 APPLICABILITY A. All new commercial, industrial, and residential multi-family development in the Accommodations, Accommodations A-1, Commercial Downtown, Office, Commercial Outlying, Commercial Heavy, Industrial, Mixed-use, and Multi-Family Residential zone districts are subject to the Design Guideline. This includes significant additions, exterior remodels, or alterations where more than fifty percent (50%) of the existing building exterior or site plan is modified. B. The Design Guidelines strongly encourage forms, styles, site, and urban design elements that the Town of Estes Park has determined to be vital to the maintenance of community character and its unique sense of place. They should be considered in the context of the zoning and development standards set forth in Chapters 3 and 6 of this Development Code. C. The guidelines establish baseline expectations for the appearance and performance of development in Estes Park. They are written to provide flexibility for development to achieve compliance and to offer alternative compliance options that respond to unique site or design conditions. D. Exemptions 1. The guidelines do not apply to single-family or duplex residential lots and structures in any zone district. 2. Exterior alterations that do not alter building massing, site layout, architecture, or finishes are exempt, as determined by the Community Development Director. § 7.2 PURPOSE A. The purpose of the Design Guidelines is to ensure that new and remodeled commercial, industrial, and residential multi-family structures in Estes Park contribute positively to the community’s character as a mountain gateway destination. They are intended to promote high-quality site planning and building design, reinforce pedestrian-oriented environments, support economic vitality, and ensure compatibility with surrounding neighborhoods and natural features. B. Estes Park’s attractiveness as a community to its residents and as a destination to its visitors is defined by its small-town character, quaint charm, and modest scale in the context of the Front Range and Rocky Mountain National Park. Design Guidelines promote orderly and attractive development in Estes Park’s commercial, industrial, mixed-use, and multi-family residential areas. They set baseline standards for architecture, site design, lighting, signage, and landscaping in new development and significant remodels. Thoughtful architecture and site design reinforce Estes Park’s unique character and create a safe, engaging built environment for residents and visitors. C. Estes Park’s commercial areas are an eclectic mix of architectural styles reflecting periods of significance from the Victorian Era to the present day. Design Guidelines ensure that new development highlights Estes Park’s local architectural vernacular and charm and enhances its historical context and world-class natural surroundings. The diversity of styles and openness to new architectural design create a unique and attractive setting, promoting a vibrant, lived-in community and destination. Design Guidelines ensure that new development in Estes Park continues to support and promote these defining elements of the community. DRA F T Page 2 of 8 § 7.3 REVIEW PROCESS A. Applicable projects shall be reviewed and approved by the Decision Maker as part of a Development Plan or building permit application, as determined by the Community Development Director. Development applications requiring Planning Commission or Trustee review and design review, subject to these guidelines, may be combined. B. Projects subject to design review shall include a site plan, building elevations, a description of the proposed project, site and neighborhood context, and lighting and service area plans sufficient to evaluate responsiveness to these guidelines. Submittal requirements for Design Review associated with a Development Plan shall be established by the Community Development Director during the pre-application process. § 7.4 SITE PLANNING, ACCESS, AND STREETSCAPE A. Intent. Site planning, access, and streetscape design establish the foundational relationship between private development and the public realm. In Estes Park, the quality of the pedestrian experience and the visual character of public streets are central to the Town's identity as a destination. To support good urban design and community character, commercial and multi-family development shall organize site elements to prioritize human-scaled, walkable frontages. These guidelines ensure that building placement, site access, and streetscape improvements produce development that strengthens the public realm. Refer to Chapter 6, Development Standards, for additional landscape and grading requirements. B. Standards. 1. Development shall respond to natural and existing site conditions, including topography, vegetation, Natural Resource Protection Areas, and surrounding development: a. Where feasible, development should preserve native ground cover and habitat, maintain wildlife corridor connectivity, and protect riparian areas and steep slopes. Image 7.1 2. Site buildings to preserve significant natural features and minimize grading where feasible: a. Protect natural grade and drainage by minimizing changes to natural grade and site disturbances. Image 7.2 Image 7.3 3. Site planning should reinforce pedestrian-oriented development patterns and natural features: a. New development along public street frontages shall be designed to reinforce a continuous, human- scaled streetscape that supports pedestrian activity, visual interest, and a sense of place consistent with Estes Park's mountain town character. Image 7.4 b. Minimize and consolidate vehicular access points to reduce conflicts and improve safety. c. Where feasible, locate parking, circulation, utility, and service areas to the rear of sites. Image 7.5 4. Facilitate ease of wayfinding and pedestrian access by orienting public access to primary rights-of-way, pedestrian circulation, and gathering areas. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 3 of 8 5. Locate building entrances, windows, plazas, patios, and outdoor seating areas to face the street or public walkways: a. Pedestrian amenities such as sidewalks, street trees, benches, and pedestrian-scale lighting should be incorporated where appropriate. 6. Landscaping should be used to soften parking and service areas, create visual separation between pedestrians and vehicles, and support Estes Park’s green infrastructure goals, including water quality and stormwater management, shading, and tree canopy enhancement. Image 7.6 § 7.5 SITE CONTEXT AND ADJACENT STRUCTURES A. Intent. New development shall be designed with close attention to its relationship to adjacent structures, neighboring properties, and the surrounding neighborhood. Commercial and multi-family development shall respond to established patterns of building placement, massing, materials, and streetscape. These guidelines ensure that new development contributes to the continuity and coherence of Estes Park's built environment while allowing for contemporary design that is contextually grounded and appropriate to its setting. B. Standards. 1. Massing and building forms shall be compatible with surrounding structures and neighborhood context. a. Transitions in height and massing are encouraged where development abuts smaller buildings or residential zones. b. Building form, style, materials, and colors should be compatible with and reference those found in the surrounding neighborhood to reinforce neighborhood character. 2. Design elements such as step-backs, increased setbacks, or landscape buffers are encouraged to reduce potential impacts to adjacent properties. Image 7.7 § 7.6 PARKING AND CIRCULATION A. Intent. On-site parking and vehicle circulation areas are required for commercial and multi-family residential uses. These areas shall reinforce neighborhood character and quality site and urban design by minimizing their visual impact on rights-of-way. Parking and vehicular circulation areas shall be designed to complement rather than dominate the built environment, preserving the pedestrian character and natural setting that define Estes Park. Commercial and multi-family development shall address the functional demands of parking and vehicle access without compromising the quality of the streetscape, the safety of non-vehicular users, or neighborhood character. These guidelines establish standards ensuring that parking and circulation are treated as integral elements of site and building design. B. Standards. 1. All development shall meet the Town’s parking requirements. Refer to Chapter 6 for specific Parking regulations. 2. Parking areas, drive-throughs, and circulation areas shall minimize their visual prominence from rights-of- way, support safe, efficient vehicular circulation, and minimize pedestrian conflicts: a. Preferred methods of minimizing visual impacts include the use of setbacks, location in the rear of a building, and landscaping. DRA F T Page 4 of 8 3. Drive-through lanes and drive aisles for convenience uses (e.g., bank or fast food establishments) should minimize their visual impact from rights-of-way and adjacent properties with landscape screening. 4. Parking should be located to the side or rear of buildings, whenever feasible. a. Where parking areas are visible from public streets, buildings, landscaping, berms, low walls, and architectural screening should be used to reduce visibility. Image 7.8 5. Curb cuts and parking access should be minimized, with access taken from the rear or shared between adjacent sites where possible. 6. Internal circulation should provide safe connections for pedestrians, bicyclists, and vehicles. Landscaping should be used in internal circulation and parking areas to support community scale and walkability. Image 7.9 7. Bicycle parking should be provided where appropriate for use. Image 7.10 § 7.7 BUILDING PLACEMENT A. Intent. Commercial buildings in Estes Park’s commercial zone districts shall be designed to reinforce site design guidelines and a safe, inviting, human-scale pedestrian environment. Proper building placement shall mirror that found along the same block face and within the zone district to support traditional urban forms and Estes Park’s historic development patterns. B. Standards. 1. Orient buildings toward public streets and pedestrian areas to establish a pedestrian-friendly scale, street presence, and a compact pattern of development. a. The primary entrance shall be oriented to face the street on which the property is addressed or from which primary pedestrian access is taken. Image 7.11 2. Setbacks shall be consistent with surrounding development. 3. Avoid locating surface parking in front and side setback areas when feasible. 4. Define buildings on corner sites through building placement, massing, and pedestrian-oriented features. a. Access to corner buildings shall mirror adjacent development or use a chamfered corner design to address the street. Image 7.12 § 7.8 BUILDING FORM, MASS, AND SCALE A. Intent. Building form, mass, and scale shall reflect Estes Park's identity as a mountain community, where the natural landscape and pedestrian-oriented character create visual interest and support vibrant commercial districts. Commercial and multi-family buildings shall be designed to fit within their physical context— responding to adjacent structures, topography, and viewsheds—rather than imposing forms or scales out of character with the surrounding built and natural environment. These guidelines ensure that new development contributes positively to Estes Park's visual character and sense of place. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 5 of 8 B. Standards. 1. Use building forms that reflect the diverse architectural palette and mountain character of Estes Park. Image 7.13 Image 7.14 Image 7.15 2. Complement the surrounding built and natural context through building mass and scale that reflect the size proportions of adjacent structures, protecting predominant topography and natural features. 3. Break large building volumes and façade lengths into modules through changes in plane, step-backs, variations in roof form, and siding treatments. a. Add depth and visual interest to facades through the use of architectural features such as porches, awnings, balconies, or bay windows. b. Blank walls shall not exceed ten (10) feet in height by fifteen (15) feet in length without a window or doorway when visible from a public street, open space, or pedestrian-oriented space or pathway. Image 7.16 c. To encourage horizontal articulation and to modulate the apparent size and scale of a building, a portion(s) of the street-facing façade shall be stepped forward or backward from the predominant facade plane of the building. 4. Buildings should include articulation of facades to support walkability and pedestrian scale. a. Storefronts and other buildings with non-residential uses on the ground level shall include a minimum of two (2) of the following articulation features for every thirty (30) feet or additional fraction thereof on continuous building frontage to create a human-scaled façade pattern: i. Windows. ii. Entries. iii. Use of weather protection features such as a canopy. iv. Change in roofline of at least twelve (12) inches in depth. v. Change in building material or siding style. vi. Articulation of a single building material through varying colors, textures, or incorporating joints or an integrated trim pattern. Image 7.17 Image 7.18 Image 7.19 5. Roof forms shall be compatible with the mountain context, including gabled, hipped, and shed roofs. Flat roofs may include parapets or cornices. a. The highest floor shall include a step-back of at least eight (8) feet from the building façade on any portion of the building facade facing a street right-of-way, river corridor, trail corridor, and any other public open area. 6. For Convenience uses, including bank and fast food drive-through facilities, roofs, canopies, and other architectural elements associated with drive-throughs or other exterior conveniences and features shall be subordinate in mass and form to the primary structure. DRA F T Created: 2024-09-16 09:26:52 [EST] (Supp. No. 22) Page 6 of 8 Image 7.20 § 7.9 BUILDING FACADES, MATERIALS, AND OPENINGS A. Intent. Building facades shall be designed and constructed with materials, finishes, and window patterns that reflect the durability, craftsmanship, and visual character appropriate to Estes Park's mountain community setting. Commercial and multi-family development shall employ high-quality, long-lasting, weather-resistant materials that contribute to Estes Park’s architectural character. B. Standards. 1. Buildings shall be designed with high-quality, durable materials that withstand the elements and reflect the character of Estes Park. Appropriate materials include stone, brick, wood, metal (such as zinc and aluminum panels and weathering steel), and fiber cement, per applicable building and fire codes. a. Building materials may not exceed three different treatments on an individual building. b. Reflective or glossy materials, non-architectural concrete blocks, or other visually incompatible materials are not appropriate. Image 7.21 Image 7.22 2. Building openings and glazing create visual interest, transparency, and promote walkable streetscapes, which support commercial activity and community character. 3. Large building walls facing right-of-way and pedestrian areas shall be broken up by glazing, architectural elements (e.g., building modules and form variations), or siding treatments. 4. Historical, muted, and natural colors that complement the surrounding neighborhood and natural environment are encouraged. Image 7.23 § 7.10 LIGHTING, SERVICE, AND MECHANICAL AREAS A. Intent. Lighting, service, and mechanical areas shall be treated as integral components of building and site design. In Estes Park, where dark skies, natural quiet, and visual integrity of the built environment are protected, commercial and multi-family development shall minimize the intrusive effects of exterior lighting, utility infrastructure, and service areas on neighboring properties, the public realm, and the surrounding landscape. These guidelines ensure that functional building systems protect Estes Park's built and natural environment. Refer to Chapter 6, Development Standards, for additional regulations. B. Standards. 1. All development shall meet the Town’s outdoor lighting requirements. Refer to Chapter 6, Section 8 for specific Lighting regulations. a. Appropriate placement and intensity of exterior lighting should enhance safety and visibility without creating glare or excessive illumination and comply with applicable lighting regulations. b. Lighting fixtures shall be full-cutoff, down-shielded, pedestrian-scaled, and designed to direct light downward. Image 7.24 Image 7.25 DRA F T \ Page 7 of 8 Image 7.26 2.Service areas, solid waste enclosures, and utility equipment should be located at the rear of structures where feasible and away from primary building frontages and rights-of-way. Screen such areas with vegetative screening, walls, or architectural enclosures integrated into the building design. Image 7.27 Image 7.28 3.Rooftop mechanical equipment should be screened from public streets and adjacent properties with architectural elements or located on the rear half of the roof. a.Mechanical equipment and service areas on parcels adjacent to trails, riparian areas, and other natural features shall be screened to protect those natural features and adjacent public rights-of-way. § 7.11 REMODELS, ADDITIONS, AND ALTERATIONS A.Intent. Remodels and additions to existing buildings shall respond to the scale, proportions, and character of the original structure and surrounding context. B.Standards. 1.The materials, form, and architectural style of additions should be compatible with the original building. 2.Where feasible, site and building elements inconsistent with these guidelines should be corrected as part of significant remodels. 3.Site improvements associated with remodels or expansions should be upgraded to meet current guidelines for parking, circulation, landscaping, lighting, screening, and applicable Engineering Design Standards. Image 7.29 § 7.12 ALTERNATIVE COMPLIANCE A.Purpose. The Design Guidelines in this chapter establish standards to achieve high-quality, contextually appropriate development in Estes Park. Site-specific conditions, innovative design approaches, or unique development requirements may make compliance with individual guidelines impractical or inconsistent with desired design outcomes. Alternative Compliance provides an administrative review for applicants to demonstrate that a proposed departure from these guidelines meets or exceeds the intent of this Chapter. B.Alternative compliance is not a variance or an exemption from design review. It is a finding that a proposed design solution achieves the same objectives and intent as the applicable guideline through a different means. Applicants shall demonstrate that the proposed design achieves the requirements for Alternative Compliance. C.Applicability. An applicant may request alternative compliance for Design Guidelines where strict application would result in one or more of the following standards. Alternative compliance shall not be used to circumvent the intent of these guidelines or to achieve relief from standards more appropriately addressed through variance procedures under the Estes Park Development Code. 1.A design outcome inconsistent with the stated purpose of the applicable guideline, or 2.Practical infeasibility due to lot configuration, topography, existing structures, or utility constraints, or 3.A design solution that advances the goals of the guidelines more effectively than strict compliance would. DRA F T \ Page 8 of 8 D. Review Process. Alternative compliance requests shall be reviewed administratively by the Community Development Director. The Community Development Director may approve, approve with conditions, or deny an alternative compliance application based on whether the proposed alternative meets the findings required in §7.12.D. Requests for alternative compliance shall be submitted in writing as part of a development plan or building permit application and shall include all of the following materials: 1. Identification of the specific guideline(s) from which alternative compliance is requested, and 2. A written narrative explaining why strict compliance is impractical relative to the requirements of §7.11.B, Applicability, and 3. Drawings, renderings, and other materials sufficient to illustrate the proposed alternative, and 4. A demonstration that the alternative achieves the intent of the applicable guideline(s). E. Required Finding. The Community Development Director shall approve an alternative compliance request only upon finding that the proposed alternative meets each of the following standards. 1. Achieves the stated purpose and intent of the guideline from which departure is requested, and 2. Results in a building or site design of equal or greater quality than strict compliance would produce, and 3. Is consistent with the overall design objectives of this chapter, and 4. Does not adversely affect adjacent properties, the public realm, or Estes Park's mountain community identity. 5. Appeals. Applicants may appeal Alternative Compliance decisions rendered by the Community Development Director in accordance with Chapter 2, Administrative Appeals. DRA F T Estes Park, Colorado, Development Code CHAPTER 8. PLANNED UNIT DEVELOPMENTS Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 1 of 7 CHAPTER 8. PLANNED UNIT DEVELOPMENTS § 8.1 PURPOSE This Chapter implements the Colorado Planned Unit Development Act of 1972 and establishes the standards and procedures for Planned Unit Developments (PUDs) in the Town. The purpose of this Chapter is to promote high- quality, well-planned development that responds to changing community needs and evolving patterns of residential, commercial, and recreational uses, while protecting public health, safety, and general welfare. Specifically, this Chapter is intended to encourage PUDs that: A. Encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by a greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings; B.Encourage a more efficient use of land and of public services; C.Provide a process that can relate the type, design, and layout of residential and commercial development to the particular site, thereby encouraging the preservation of the site's natural characteristics, and to encourage integrated planning in order to achieve the purposes of this Chapter; D.Provide for well-located, commercial sites and well-designed residential developments while minimizing the impact on roads, streets and other transportation facilities; E.Conserve the value of the land; and F.Provide for the development of planned mixed-use commercial and residential developments and promote developments with a mix of commercial and residential uses, including but not limited to attainable, workforce, and employee housing, that provide services and employment opportunities in close proximity to residents of the district. § 8.2 ELIGIBILITY A.PUD Overlay Zoning District Eligibility. Application for a PUD overlay may be made for land located in the following zoning districts: RM, R-2, R-1, R, E, A, A-1, MU, CD, and CO. These zoning districts will be considered the underlying zoning district. B.PUD Plan. A PUD overlay shall be established by overlaying a PUD plan on the existing zoning district (the underlying zoning district). A PUD plan must cover all of the land area to be included in the PUD, or an identified phase of a PUD, and identify the type and total amount of development to occur within its boundaries (maximum number of dwelling units and nonresidential floor area), as well as the proposed plan for pedestrian and vehicular circulation within and leading to the PUD. C.Minimum Size. A PUD must include either at least two (2) acres or five (5) or more dwelling units. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 2 of 7 § 8.3 PUD AGREEMENTS A. The use of the subject property in the PUD, and the construction, modification, or alteration of any use or structures within a PUD overlay shall be governed by the approved PUD documents and related conditions, if any. B. The Town may require that conditions of approval be formally established within recorded covenants. C. The applicant, property owner, any subsequent buyers, as well as entities created by the developer, such as a homeowners' or property owners' association or an architectural review committee, are subject to the conditions of approval and terms of all recorded documents relating to the PUD. § 8.4 REVIEW PROCESS A. Procedures for Approval of a PUD Development Plan 1. Procedures for Approval of a PUD Plan. PUDs shall be approved in a two-step process. PUDs shall first be approved in preliminary form and then approved in final form. 2. Procedure for Approval of Preliminary PUD Plan. Applications for preliminary PUD plan shall follow the standard development approval process set forth in §2.3. 3. Procedure for Approval of Final PUD Plans. Applications for final PUD plan approval shall follow the standard development approval process set forth in §2.3. 4. Procedure for Approval of Combined Preliminary/Final PUD Plans. Applications for projects smaller than five (5) acres in size or which contain ten (10) or fewer dwelling units are eligible for a combined preliminary/final PUD plan. Applications for a combined preliminary/final PUD plan approval shall be considered a preliminary PUD Plan and shall follow the standard development approval process set forth in §2.3. 5. Procedure for Approval of a Minor Amendment to Preliminary/Final PUD Plans. Minor amendments to an approved preliminary or final PUD shall be processed in accordance with the minor amendment procedures set forth in §2.8. Such amendments may be approved, provided the proposed change does not materially alter the intent, character, density, intensity, land use pattern, or overall findings of the approved PUD. 6. Procedure for Approval of a Major Amendment to Preliminary/Final PUD Plans. Major amendments to an approved preliminary or final PUD shall be processed in accordance with the major amendment procedures set forth in §2.8. 7. Consistency between Preliminary PUD Plan and Final PUD Plan. The final PUD plan shall be strictly consistent with the approved preliminary PUD plan. For purposes of this Section, Consistency shall be determined based on the following criteria: a. Land Use Consistency. All land uses shown on the final PUD shall be the same as, or expressly authorized within, the approved preliminary PUD. No new uses shall be introduced unless approved through a major amendment. b. Density and Intensity. The final PUD shall not increase approved residential density, nonresidential intensity, or overall development yield beyond that established in the preliminary PUD. Reductions in density or intensity are permitted. c. Development Pattern. The general location, arrangement, and configuration of buildings, open space, circulation systems, and access points shall substantially conform to the preliminary PUD. Shifts that DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 3 of 7 materially alter the approved development pattern shall not be permitted without a major amendment. d. Development Standards. Building height, setbacks, lot configuration, open space provisions, and other applicable development standards shall be consistent with or more restrictive than those approved in the preliminary PUD. Any relaxation of standards shall require approval of a major amendment. e. Public Benefits and Commitments. All public benefits, mitigation measures, conditions of approval, and phasing commitments shown in the preliminary PUD shall be carried forward into the final PUD without reduction or elimination. f. Deviation Threshold. Any change that, in the determination of the Town Community Development Director, materially alters the findings of approval for the preliminary PUD or results in a substantially different development outcome shall be deemed inconsistent and shall require a major amendment or re-initiation of the preliminary PUD process, as determined by the Town. B. Consolidation with Subdivision Approval. Where applicable, the Applicant shall consolidate an application for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval, and shall consolidate an application for Final PUD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the PUD requirements of this Code and the provisions, including submittal requirements, governing subdivisions. C. Submittal requirements. PUD’s applications shall be submitted in the form and manner established by the Department. D. Standards for Review. All applications for PUD shall demonstrate compliance with the requirements and review standards set forth below, as well as with all other applicable provisions of this Code. An application for approval of a PUD Plan, together with submitted plans and reports, shall be reviewed for conformance with the following standards: 1. The PUD shall be consistent with and implement the planning goals, policies, and objectives as contained in this Code and Future Land Use Plan of the Estes Forward Comprehensive Plan; 2. Adverse impacts on adjacent properties, including but not limited to traffic, noise, and visual impacts, shall be mitigated to the maximum extent feasible; 3. The PUD shall be integrated with adjacent development through street connections, sidewalks, trails, and similar features; 4. All district, development, and subdivision standards set forth in Chapters 3 (Zoning Districts), 6 (General Development Standards), and 9 (Subdivision Standards) shall be met; 5. As allowed, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. 6. The PUD shall provide public benefits that are greater and/or superior compared to what the underlying zoning and development standards would have required. Public benefits of the proposed PUD may include: a. Mixed-use development that implements elements of the Comprehensive Plan not otherwise possible under this Development Code; DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 4 of 7 b. Significant preservation of existing environmental features through site design techniques such as cluster development; c. Innovative approaches to mitigate the risks of natural hazards such as wildfire and floods; d. Protection of natural ecosystems, conservation of natural resources and wildlife habitat, and mitigation and adaptation to a changing climate; e. Historic preservation of private or public structures, places, or landscapes of importance to the public; f. Adaptive reuse, renovation, or redevelopment of existing buildings that are underutilized or in disrepair; g. Enhanced building design above that required by the Code and/or the use of green building and sustainable development techniques, including Leadership in Energy and Environmental Design (LEED) or LEED-equivalent certification of structures. h. Provision of Attainable, Workforce, or Employee Housing or other housing solutions that support the Housing element of the Comprehensive Plan; i. A mix of housing types and densities that support the Housing element of the Comprehensive Plan; j. Multimodal transportation improvements that create a safer, more comfortable environment for users of all ages and abilities; k. Other public benefits that the Town Board finds substantially advance the goals, policies, and actions of the Comprehensive Plan. E. Effects of Approval 1. Effect of Approval of a Preliminary PUD Plan a. Within three (3) years from the date of approval of a preliminary PUD plan, the property owner and/or developer shall submit an application for a final PUD plan. If a final PUD plan is not submitted within this three (3) year period, the Town may determine that the preliminary PUD approval has expired and is of no further force or effect, subject to written notice to the Applicant. Any such determination of expiration shall not affect any vested property rights that have been lawfully established in accordance with C.R.S. § 24-68-101 et seq. and this Code. b. During the period in which an approved preliminary PUD plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to adversely affect the right of the property owner and/or applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary PUD plan approval. 2. Effect of Approval of a Final PUD Plan and Combined Preliminary/Final PUD Plan a. Within one hundred eighty (180) days from the date of the Board’s action on the final PUD plan or combined preliminary/final PUD plan, the property owner and/or applicant shall make all required revisions, if any, and submit the PUD plan for recording. If the PUD plan is not submitted for recording within this one hundred eighty (180) day period, the Town may determine that the approval has expired and is of no further force or effect, subject to written notice to the Applicant. Any such determination of expiration shall not affect any vested property rights that have been lawfully established in accordance with C.R.S. § 24-68-101 et seq. and this Code. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 5 of 7 § 8.5 PUD REVIEW STANDARDS A. All requirements set forth in this Code shall govern unless authorized for modification in this section and explicitly approved in the PUD. The following shall apply: 1. Permitted Uses. Permitted uses within a PUD District are limited to the following, subject to approval by the Decision-Making Body: a. Residential PUD (applies where the base zoning district is residential- RE, E, E-1, R-1, R-2, RM) i. All uses permitted by-right in the underlying zoning district; ii. All Residential uses, including workforce and attainable housing; iii. Commercial uses with a gross floor area of 5,000 square feet or less; iv. Public facilities; and v. Educational uses. b. Commercial PUD (applies where the base zoning district is commercial or mixed-use- CD, CO, CH, MU) i. All uses permitted by-right in the underlying zoning district; ii. All Residential uses, including workforce and attainable housing; iii. Accommodation uses; and iv. Public Facilities. c. Compatibility Finding. The Decision-Making Body may approve a use not listed above upon a written finding that the use is compatible with surrounding uses as defined in §8.5.B. 2. Number of Units Allowed/Density. a. Residential Uses in a PUD. The maximum number of residential units allowed (density) within the underlying residential zoning district shall not be increased or decreased by approval of a PUD, except as expressly authorized under this Code. Residential density in a PUD with underlying nonresidential zoning shall be determined by applying the maximum permitted net density allowed in the RM Multi-Family Residential Zoning District (see §3.3.A.7 ). A PUD is eligible for the Attainable/Workforce Housing Density Bonus subject to the provisions of §3.4.F.4. b. Accommodation Uses in a PUD. The maximum number of accommodation units allowed shall be determined by applying the minimum developable land area per accommodation unit requirement allowed in the Accommodations/Highway Corridor Zoning District (see §3.3.A.8). Any accommodations unit that is less than or equal to eight hundred (800) square feet in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a PUD. c. Land Area Requirements Not Cumulative. The density allowances set forth in this Section are not cumulative, but shall be calculated independently for each residential and/or accommodations use proposed in a PUD. Each independently calculated land area shall be deducted from the total land area available for development to determine the permitted density on a site. 3. Setbacks and Lot Coverage. Setbacks and lot coverage may be modified from the underlying zoning district, subject to approval of the Decision-Making Body upon consideration of the following: a. Setbacks from lot lines abutting a property outside the PUD shall comply with the underlying zoning district; DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 6 of 7 b. Setbacks and lot coverage shall be compatible, as defined herein (see §8.5.B below), with the surrounding area; and c. Setbacks shall be consistent with the built form of the applicable Comprehensive Plan Future Land Use Category. 4. Building Height. Maximum building height shall not be modified by the PUD and shall be determined by applying the underlying zoning district standards, except that attainable housing units and workforce housing units shall be eligible for a height bonus, subject to approval of the Decision-Making Body upon consideration of the following: a. Buildings entirely consisting of attainable housing units and/or workforce housing units, in all underlying zoning districts, shall be eligible for a height bonus up to a maximum building height of thirty-eight (38) feet, subject to the requirements of §3.4.F.4 and §3.4.F.5; b. The Community Development Director or Decision-Making Body may require a shadow study, line- of-sight analysis, or similar studies to ensure impacts to surrounding properties are minimized from any building utilizing the building height bonus; and c. Building height shall be compatible, as defined herein (see §8.5.B below), with the surrounding area. 5. Off-Street Parking and Loading. Off-street parking and loading standards shall not be modified except that the minimum parking requirement as established in §6.10.D, Minimum Off-Street Parking Requirements, may be modified. Such modification shall be subject to approval of the Decision-Making Body upon consideration of the following: a. A parking study prepared in accordance with §6.10.E shall support any modifications to parking requirements. b. Any proposed off-street parking alternatives shall be reviewed in accordance with §6.10.G. 6. Private Open Areas. a. A PUD development shall set aside a minimum percentage of the site's total gross area for open areas, including open space, active or passive recreational amenities, trails, plazas, courtyards, rooftop patios, sitting areas, and other similar spaces as follows: i. Ten (10) percent open area for sites less than one (1) acre in size; ii. Fifteen (15) percent open area for sites one (1) acre to two (2) acres in size; and iii. Twenty (20) percent open area for sites greater than two (2) acres in size. b. The Decision-Making Body may require a larger or smaller amount of private open areas upon consideration of the following: i. Estes Park Comprehensive Plan; ii. Unique drainage, topographic, vegetation, or other such physical conditions; iii. Type and density of development; iv. Overall need for open space and recreational facilities in the area; or v. Quality, usability, and/or public accessibility of open areas proposed. c. All open areas or trails provided in a PUD shall be owned and maintained as common (private) open areas by the developer, owner of the property, or an organization established for the ownership and maintenance of common open areas, unless the Board accepts public dedication of the open areas. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 7 of 7 d. Open areas or trails dedicated for public use shall comply with all applicable dedication requirements set forth in §6.4 of this Code. 7. Lighting. All lighting requirements set in Chapter 6, §6.8.E, shall apply to all PUDs unless otherwise specifically exempted, modified, or varied pursuant to this Chapter or to §2.15, Variances. 8. Subdivision Regulations. The requirements of Chapter 9, Subdivision Standards, shall apply to all PUDs unless otherwise specifically exempted, modified, or varied pursuant to this Chapter 8 or to §2.15, Variances. 9. All Other Zoning Requirements. All other zoning development and design standards shall apply to all PUDs unless otherwise specifically exempted, modified, or varied pursuant to this Chapter 8 or to §2.15, Variances. B. Compatibility. For the purposes of this section, compatibility shall mean the characteristics of different uses, activities, or designs that allow them to be located near or adjacent to each other in harmony. Compatibility does not mean new development or changes in the area must be "the same as" what already exists. Rather, compatibility refers to the sensitivity of new development proposals to coexist with existing development. Compatibility can be achieved through a variety of methods, including: 1. Ensuring building design, including size, height, bulk, mass, scale, materials, and colors, is context sensitive; 2. Minimizing infringement on the privacy of adjoining land uses through screening, window locations, or building placement; 3. Using architecture, landscaping, and natural elements to help mitigate the physical, visual and environmental impacts created by development; or 4. Regulating operational standards such as: a. hours of operation, trash pickup, and deliveries; b. the location of on-site activities and equipment, such as trash receptacles, compactors, and loading zones, that generate potential adverse impacts on adjacent uses; c. light intensity and hours of full illumination; d. limits on noise and noise-generating equipment or processes; and e. access, parking, and transportation demand management. DRA F T Estes Park, Colorado, Development Code CHAPTER 9. SUBDIVISION STANDARDS Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 1 of 14 CHAPTER 9. SUBDIVISION STANDARDS § 9.1 PURPOSES The purposes of this Chapter are to: A.Provide for the orderly growth and harmonious development of Estes Park in accordance with the Estes Park Comprehensive Plan; B.Ensure an adequate and efficient street system; C.Achieve individual property lots of reasonable utility and livability; D.Secure adequate provisions for water supply, electric service, drainage, sewers, and other facilities and services for the health and safety of the residents of Estes Park; E.Protect sensitive environmental areas and mitigate the impact of development in hazard areas; F.Ensure adequate provision of open areas; and G.Promote and protect the health, safety, and general welfare of the residents of the Town of Estes Park. § 9.2 APPLICABILITY/SCOPE A.General. Prior to subdividing any tract of land in the Town of Estes Park, including land being annexed into the Town, the subdivider shall comply with all of the standards set forth in this Code and obtain approval pursuant to the procedures set forth in this chapter. No development or building permits shall be issued for any improvement or work on any parcel unless it was subdivided in compliance with this Chapter. No owner or agent of the owner of any land located within an addition or subdivision shall transfer or sell, any land by reference to, exhibition of or by the use of a plan, plat or map of an addition or subdivision before such plan, plat or map has been approved pursuant to the provisions of this Chapter and Chapter 1 of this Code and recorded in the office of the clerk and recorder of Larimer County, Colorado. B.Applicability: 1.All divisions of land into two (2) or more lots, parcels, or ownership interests shall comply with the provisions of this Chapter. All subdivisions shall be subject to the approval procedures set forth in this Section. 2.This chapter applies to the division or aggregation of lots, parcels, or ownership interests for the purpose of transferring or enabling the transfer of deeded interests in real estate, including fee simple interest, condominium interest, interest in a common interest community, or similar forms of real estate interest. 3.This chapter applies to the merging, combining, or aggregation of lots or parcels. 4.This chapter applies to the dedication, boundary alteration, realignment, or any partial or whole vacation of a public street, public alley, or other public vehicular right-of-way. 5.Unless undertaken for the purposes of evading the procedures and requirements of Subdivision, this chapter does not apply to the following activities: 6.The creation, dedication, alteration, realignment, or vacation of a shared driveway easement when all affected lots or parcels are adjacent to a public right-of-way. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 2 of 14 7. The creation, dedication, alteration, realignment, or vacation of non-vehicular easements such as utility or ditch easements, pedestrian or recreational trail easements, open space or similar use restrictions or easements, or other similar easements not related to vehicular access. 8. Any development or redevelopment which does not alter the physical boundaries or legal description of a lot or parcel. C. Administrative Subdivisions. Administrative Subdivisions shall be reviewed by the Department based on the specific applicable review criteria listed in this subsection and the applicable submittal requirements set forth by the Department. 1. Condominiumization. a. Applicability. Condominiumization is a form of airspace subdivision to establish, amend, or vacate separate ownership interests within a single parcel through a Condominium or Common Ownership Interest Community form of ownership, in compliance with CRS Title 38 Article 33. b. Condominiumization shall be limited to the allocation of ownership interests within a single legally established parcel and shall not create separate parcels. c. Prohibitions. Condominiumization shall not: i. Be used for the division of a parcel or lots into multiple parcels or lots; ii. An aggregation of the parcel with other properties; iii. A change in use of the property; or iv. Act as an abatement of other applicable regulations affecting the property. d. Building across lot lines is prohibited, except that decks, porches, and other similar appurtenances may encroach onto adjacent common elements, as defined in C.R.S. § 38-33.3-101, that are established in a townhome or condominium subdivision upon consent of either: i. The owners' association that governs the subdivision, if authorized under the subdivision’s governing documents; or ii. The owners of the common elements. e. Review Authority. The Department shall review all applications for a Condominiumization based on the following criteria: i. The condominiumization shall not result in a change in use of the parcel, and once completed, shall enable the subject property to comply with the underlying zoning district or any valid site-specific approval. ii. A Condominium Plat shall meet the submittal, format, and style requirements established by the Department . iii. The Condominium Plat shall be reviewed and recorded in the office of the Larimer County Clerk and Recorder. iv. Any amendment to a recorded Condominium Plat shall be processed in accordance with the procedures and approval requirements of this Code and applicable state law. v. Applications for Condominiumization or amendment of a Condominium Plat shall be submitted by the property owner of record or by an association or entity authorized to act on behalf of the ownership interests in accordance with recorded governing documents and applicable state law. The Department may require documentation demonstrating such authority. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 3 of 14 vi. The applicant shall submit required documentation to the Town that establishes the rights and responsibilities of unit owners with respect to shared facilities and common elements, including but not limited to parking areas, access drives, loading areas, utilities, drainage facilities, landscaping, open space, and other common improvements or facilities. Such documents shall provide for the perpetual ownership, operation, repair, and maintenance of all common areas and shared facilities by the responsible ownership entity or property owners and shall ensure continued compliance with applicable Town approvals and requirements. 2. Boundary Adjustments. a. Applicability. Boundary Adjustments mean the modification of one (1) or more lots, tracts, or parcels of land for the sole purpose of adjusting boundary lines between such lots, tracts, or parcels of land and adjacent lots, tracts, or parcels of land. b. Prohibitions. An Administrative Boundary Adjustment shall not create additional lots or building sites for any purpose. c. Review Authority. The Department shall review all applications for a Boundary Adjustment based on the following criteria: i. The adjustment meets all dimensional requirements of the underlying zoning district. ii. The adjustment results in the same number of lots or parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. iii. The adjustment does not result in a parcel being in more than one (1) zone district. iv. If the adjustment is for a property located in a PUD, a PUD plan amendment shall be required, pursuant to §2.3. v. A Boundary Adjustment Plat shall be reviewed and recorded in the office of the Larimer County Clerk and Recorder. D. Minor Subdivision Plats. Minor Subdivisions Plats are subject to full review and compliance with the standards set forth in this Chapter and the submittal requirements established by the Department . 1. Minor Subdivision Plats. Division of one (1) or more lots, tracts, or parcels of land into a total of not more than four (4) lots shall also be a minor subdivision, provided that each resulting lot fronts onto an existing street, and that the subdivision entails no extension of public facilities. No more than a total of four (4) lots shall be created out of a lot, tract, or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. 2. Hazard Areas. Areas with geologic hazards as defined by §6.5 of this Code shall not be eligible for the minor subdivision process. E. Amended Plats. An Amended Plat is an instrument to amend a recorded subdivision plat. An Amended Plat is a revision to a recorded subdivision plat, or a portion of a recorded subdivision plat. An Amended Plat may reconfigure lots, vacate interior lot lines, change or eliminate a platted building envelope, or correct drafting or technical errors. To qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat shall not alter, vacate, or dedicate right-of-way or necessitate new or modified public improvements. F. Land Consolidation Plat. Unplatted contiguous lots approved for single-family residential development may be combined with a Land Consolidation Plat, provided that the new lot conforms to all requirements of this DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 4 of 14 code. Land Consolidation Plats shall be titled as "Land Consolidation Plat." The plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes." § 9.3 REVIEW PROCEDURES A. All subdivisions shall be subject to the approval procedures set forth in this section. B. For purposes of Department and EPPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the field unless the Department determines that full staking is not necessary to adequately evaluate the proposal, in which case the Department may modify or reduce this requirement. In addition, the Department may require the Applicant to identify natural or other site features in the field. C. Procedure for Approval of Subdivisions (Except Minor Subdivisions and Amended Plats). 1. General: Subdivisions are approved in two (2) stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded. The Board of Trustees is the entity with final approval authority for both preliminary and final subdivision plats . The Board of Trustees may consider preliminary and final subdivision plat applications during the same meeting or hearing sequence, provided each application satisfies the applicable review criteria and approval requirements of this Code. The final subdivision plat shall be substantially consistent with the preliminary subdivision plat, and substantial changes may require revision or reapproval of the preliminary subdivision plat prior to final action. 2. Procedure for Approval of Preliminary and Final Subdivision Plats. Applications for preliminary and final subdivision plat approval shall follow the standard development approval process set forth in §2.3. D. Procedure for Approval of Minor Subdivision Plat and Amended Plats. Applications for minor subdivision plats or amended plats approval shall follow the standard development approval process set forth in §2.3 of this code. 1. Submittal Requirements. A Minor Adjustment and Amended Plats shall follow the applicable subdivision process and submittal requirements as established by the Department . E. Standards for Review. All subdivision applications shall demonstrate compliance with the standards and criteria set forth in this chapter and all other applicable provisions of this Code. F. Effects of Approval. 1. Effect of Approval of a Minor Subdivision or Minor Adjustment. Within one hundred eighty (180) days of approval of the minor subdivision or minor adjustment, the developer shall submit the minor subdivision or minor adjustment final plat for recording. If the minor subdivision or minor adjustment plat is not submitted for recording within this one hundred eighty (180) day time period, the approval shall automatically lapse and be null and void. 2. Effect of Approval of a Preliminary Subdivision Plat . a. Within twelve (12) months from the date of the final approval of a preliminary subdivision plat, the developer shall submit an application for a final subdivision plat for either all or at least one (1) phase of the proposed subdivision. b. An approved final subdivision plat for any phase of the preliminary subdivision plat shall vest approval of the preliminary subdivision plat in its entirety. c. During the period in which an approved preliminary subdivision plat is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 5 of 14 adversely affect the right of the Applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary subdivision plat approval. 3. Effect of Approval of a Final Subdivision Plat. Within one hundred eighty (180) days from the date of the Board's action on the final subdivision plat, the Applicant shall make all required revisions, if any and shall submit the final subdivision plat to the Town for recording. If the final plat is not submitted for recording within this one hundred eighty (180) day time period, the approval shall automatically lapse and be null and void. § 9.4 LOTS A. Lot Dimensions and Configuration. 1. The lot area/size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated. In addition, each lot shall also demonstrate a building site and access. In all cases, however, the lot area shall comply with the minimum requirements of this Code and with the dimensional requirements of the underlying zoning district. 2. Lot width shall comply with the standards set forth in Tables 3.2 and 3.3. Flagpole lots shall comply with §9.4C below and shall be no less than thirty (30) feet at the front lot line or seventy-five (75) feet at the building line, or such greater width as may be required by this Code. 3. Depth and width of properties shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. B. Access. Access roads shall meet the requirements set forth in §6.10.H of this Code. C. Flag or Flagpole Lots. Flag lots (also known as flagpole lots) may be allowed subject to the following standards: 1. Permitted Zoning Districts. Flag lots shall be allowed only in the RE, E-1, E, R, and R-2 Residential Zoning Districts. 2. Frontage. Each flag lot shall have at least twenty (20) feet of street frontage and at least thirty (30) feet of width for the entire length of the "flagpole." 3. Number. A maximum of one (1) flag lot is allowed in subdivisions of four (4) lots or less. No more than twenty percent (20%) of the lots within a subdivision containing five (5) or more lots shall be flag lots. No more than two (2) flag lots may be contiguous. 4. Lot Area Calculation. The area of the "flagpole" portion of the flag lot shall not be included in the calculation of minimum lot area. 5. Driveways. Driveways shall be designed to allow vehicles to drive forward. Shared or common driveways shall be required when two (2) flag lots are contiguous. Driveways shall comply with design specifications set forth in Appendix D. D. Double and Reverse Frontage Lots. Double-frontage and reverse-frontage lots should be avoided except where essential to separate residential development from major arterials or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet in width, and across which there shall be no vehicular right of access, may be required along the property line of lots abutting such a traffic artery or other disadvantageous use. Such lots are to be oriented so as not to front on any arterial road. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 6 of 14 E. Lot Divisions. No single lot shall be divided by a municipal or county boundary line or any road or other lot. To the maximum extent feasible, no lot shall be divided by a river, wetland, or zoning district boundary line. F. Outlots. Outlots may be created within a subdivision plat for land that is not intended for individual lot development or public dedication, including but not limited to common open space, private streets, private parking areas, stormwater facilities, utility areas, and areas subject to development limitations such as limits of disturbance. Outlots shall be: 1. Clearly labeled on the final plat with a designated purpose and use restrictions; 2. Owned and continuously maintained by a homeowners’ association, property owners’ association, or other legally responsible entity approved by the Town; and 3. Subject to recorded covenants, conditions, and restrictions or other enforceable legal instruments ensuring perpetual maintenance and access as applicable. § 9.5 SUBDIVISION DESIGN STANDARDS A. General. No subdivision application shall be approved unless it complies with all of the following standards and criteria: 1. Hazard Areas. The EPPC shall review the subdivision plan with regard to wildfire and geologic hazards. No subdivision shall be approved where the design or related facilities clearly constitute the creation of a hazardous circumstance or lack of provision for public safety. See §6.5 and §6.6 of this Code. 2. Off-Site Utilities and Services. The EPPC shall review the subdivision plan in regard to whether off-site utilities and services, including roads and streets, necessary to serve a proposed subdivision are adequate in terms of capacity, configuration, connections, routes, and other relevant considerations. Where existing off-site utilities, roads, or public services are determined to be inadequate to serve the proposed development, the EPPC shall identify such deficiencies and may require the Applicant to provide or fund appropriate improvements or mitigation measures as a condition of approval. 3. Plans for Remainder Parcels. Where an entire parcel is not subdivided, the subdivider shall submit plans for the remainder of the parcel, including major road connections and intended land uses. 4. Orientation of Land Uses. Multiple land uses within subdivisions shall be oriented and situated within the subdivision to provide the maximum convenience to the residents, provide adequate access by public roads, and provide for the general health and welfare of the immediate area and the general community. 5. Improvements. All improvements required by this Code shall have been installed, or the installation of such improvements has been guaranteed in accordance with the provisions of this Chapter. 6. Reserve Strips (Spite Strips) Prohibited. Reserve strips, “spite strips,” or any other privately owned strips of land intended to control, limit, or restrict access to public rights-of-way or to prevent or delay future public street extensions or connections are prohibited. All public rights-of-way shall be dedicated to and platted at full width to the property line, unless otherwise expressly approved by the Town, where the Town determines that alternative dedication or configuration is necessary to address topographic constraints, environmental conditions, or an approved street network plan. B. Compliance With Zoning Requirements. 1. Compliance with Zoning Development Standards. The general layout of lots, roads, driveways, utilities, drainage facilities and other services within all proposed subdivisions shall be designed in a manner that DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 7 of 14 minimizes the land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation, protects critical wetlands, stream corridors and wildlife habitat, avoids hazard areas, and otherwise accomplishes the purposes and intent of this Code and of the zoning district within which the subdivision is located. Applicants shall refer to the general development standards set forth in Chapter 6 of this Code and shall apply them in the layout of the subdivision in order to avoid creating lots or patterns of lots that will make compliance with such development standards difficult or infeasible. 2. Establishment of Limits of Disturbance During the Subdivision Process. Limits of disturbance shall be designated on the preliminary subdivision plat for each individual lot or building site pursuant to the standards and requirements set forth in §6.2.D, "Limitations on Site Disturbance." Any proposed limits of disturbance shall be reviewed by the Department during its preliminary subdivision plat review to ensure compliance with the provisions of this Chapter and Chapter 6. C. Streets. 1. The street configuration and design shall comply with requirements set forth in Appendix D, "Street Design and Construction Standards.” 2. The street configuration and design shall consider the recommendations set forth in the Multimodal Transportation Plan. 3. Vehicular Access and Circulation Requirements. Provisions shall be made for vehicular access and circulation in the nonresidential zoning districts as shown in Table 3.7 of this Code. 4. Emergency Access and Egress. Streets shall be designed to provide efficient emergency access and egress for residents, occupants, and emergency equipment, and shall comply with the adopted Colorado Wildfire Code and Town standards for design and location of emergency vehicle access. D. Sidewalks, Pedestrian Connections and Trails. 1. General. a. To the maximum extent feasible, subdivisions shall provide safe and continuous pedestrian connections to existing public sidewalks, trails, parks, schools, and adjacent developable parcels where such connections are identified in an adopted Town plan or where necessary to ensure logical pedestrian circulation within and adjacent to the site. b. Hard-surfaced pedestrian walkways (minimum five [5] feet in width) or pedestrian easements (minimum ten [10] feet in width) may be required to provide safe and logical pedestrian access to adjacent public streets, parks, open space, schools, or other similar facilities where such facilities are located adjacent to or directly serve the subdivision, or where such connections are identified in an adopted Town plan. 2. Sidewalks. Sidewalks shall be required as follows: a. Sidewalks shall be required on one (1) side of any public or private street in all zoning districts, except in the RE Zoning District. Sidewalks may not be required where unusual topographic or environmental conditions make installation infeasible or would result in a significant adverse impact on sensitive natural resources. b. In all zoning districts, including the RE Zoning District, sidewalks on both sides of a street may be required along roads where the Decision-making Body determines there will be significant pedestrian usage expected or where such facilities are identified in the Town’s Trails Master Plan. c. In all residential zoning districts, including the RE Zoning District, when a residential lot abuts an arterial street, sidewalks shall be provided to provide public access and connection to adjacent properties. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 8 of 14 d. The minimum width of a required sidewalk shall be five (5) feet in all residential zoning districts and the A-1 Zoning District and eight (8) feet in all other nonresidential zoning districts. The location of the sidewalk on a property will be determined on a case-by-case basis to account for, among other things, unique natural features and existing sidewalk location on adjoining properties; accordingly, in some instances, the sidewalk may be located outside of an existing right-of-way. e. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the Department, and after installation or construction, they shall be subject to inspection and approval by the Department. All required improvements shall be completed in accordance with the officially established grades in Appendix D. f. Where sidewalks or pedestrian connections are identified as necessary but cannot be constructed due to lack of existing connecting infrastructure, physical constraints, or timing of adjacent development, the Town may allow, at its discretion, an in-lieu fee or alternative improvement consistent with an adopted fee schedule or policy, provided such alternative advances future pedestrian connectivity consistent with the Town’s Trails Master Plan or Transportation Master Plan. 3. Design/Specifications. All sidewalks, pedestrian walkways, and hike and bike trails shall be constructed in compliance with the standards set forth in Appendix D, "Street Design and Construction Standards," as amended from time to time. E. Utility Standards. 1. Water Mains and Fire Hydrants. The subdivider shall install water mains, service lines, fire hydrants, and associated improvements in accordance with the Town's current water design and construction standards. All service lines shall be installed to the property line prior to the paving of the street. 2. Electric and Street Lighting Systems. The subdivider shall install such electric service and distribution system and such street lighting system as the Town shall determine. All subdivisions shall comply with the adequate public facilities standards set forth in §6.11 of this Code. 3. Sanitary Sewer Systems. a. All subdivisions shall comply with the adequate public facilities standards addressing sanitary sewers/sewage disposal set forth in §6.11.D of this Code. b. Pursuant to §6.11.D, when it is found that lots cannot be served by the extension of an existing public sanitary sewer, the property owner shall obtain approval of lot sizes for individual septic tanks and disposal fields or approval of a neighborhood disposal system. All subdivisions shall comply with the minimum standards and technical procedures applicable to sanitary sewer plans and designs, including soil percolation testing and required percolation rates and site design standards for on-lot sewage disposal systems, when applicable, established by either the Estes Park Sanitation District or Upper Thompson Sanitation District, or as set forth in the Larimer County Water, Sewer, and Fire Safety Standards and Procedures Manual. 4. Underground Utilities. a. Telephone lines, electric lines, cable television lines, and other similar telecommunications or utility services shall be placed underground. The subdivider shall be responsible for complying with the requirements of this Section and shall make the necessary arrangements, including any construction or installation charges, with each of the serving utilities for the installation of such facilities and shall be subject to all other applicable Town and State regulations. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 9 of 14 b. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, street lighting, and other facilities necessarily related improvements to such underground utilities may be placed above ground. Electric transmission and distribution feeder lines, communication long-distance trunk and feeder lines, and necessary associated improvements thereto may be placed above ground. Such facilities shall be placed within easements of public streets, as herein provided, or upon private easements or rights-of-way provided for particular facilities. c. The provisions of this Section shall not apply to existing underground facilities or subdivisions platted prior to the adoption of this Code. However, where redevelopment, substantial improvements, or new utility installations occur, the Town may require undergrounding or relocation of overhead utilities as part of such improvements, where feasible and consistent with applicable utility provider requirements and Town standards. 5. Easements. Utility easements shall be dedicated as required by each respective utility. Utility easements shall generally be twenty (20) feet in width, centered on lot lines. 6. Stormwater Drainage. a. Drainage Standards/Storm Drains. All subdivisions shall comply with the minimum standards and technical procedures applicable to storm drainage plans and related designs, in order to ensure proper drainage ways, as set forth in the Larimer County Storm Water Management Manual. The subdivider shall install adequate conduits, drains, and provisions for stormwater drainage as may be required and approved by the Town. Either open or closed drainage systems may be required, depending upon terrain, development density, and other considerations. Detention for the 100- year storm shall be required. See also §6.11.F, "Drainage/Water Quality Management." b. Watercourses. In the event that the addition or subdivision is traversed by any natural or artificial watercourse, the subdivider must dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of such natural or artificial watercourse, or shall provide by dedication sufficient easements or construction, or both, to care for such surface and stormwater and the disposal thereof. 7. Water Systems. All subdivisions shall comply with the minimum standards and technical procedures applicable to water systems adopted by the Town. See §6.11.E of this Code. 8. Fire Safety Standards. All subdivisions shall comply with the minimum standards and technical procedures applicable to fire safety adopted by the Town. See §6.11.G of this Code. F. As-Built Drawings. Submittal requirements shall be in the form and manner established by the Department. G. Public Improvements. 1. Improvement Completion/Guarantee. All improvements required by this Code for any subdivision, unsubdivided development of four (4) or more dwelling units, or any nonresidential development must be installed and completed in accordance with approved plans, or the installation and completion of such improvements must be guaranteed by the subdivider or developer through an improvement agreement or other security acceptable to the Town. The amount of the security shall be not less than one hundred percent (100%) of the estimated cost of all remaining required public and private improvements, as determined by the Town based on an engineer’s cost estimate approved by the Department. The form, duration, release, and conditions of such security shall be governed by an improvement agreement approved by the Town. See also §6.11, “Adequate Public Facilities.” 2. Form of Guarantee. The guarantee required by this subsection shall be in one (1) of the following forms and shall be deposited or executed prior to the approval of any final map or plat: a. A deposit of cash in an amount not less than the Department's estimate of the cost of completion of all required improvements; or DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 10 of 14 b. An irrevocable letter of credit in the amount not less than the Department's estimate of the cost of completion of all required improvements. Said letter of credit shall be in a form acceptable to the Town; and c. The Department's cost estimate in subsections L.1, L.2, and L.3 shall include the cost of extending such improvements from any existing improvements. 3. Improvement Agreement. No subdivision plat shall be signed by the Town, and no building permit shall be issued for development until a subdivision improvement agreement between the Town and the developer has been executed. Such agreement shall include a list of all agreed-upon improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the Decision-making Body to ensure that all improvements will be completed in a timely, workmanlike, and cost-effective manner. An improvement agreement shall run with and be a burden upon the land described in the agreement. 4. Time for Completion. All required public and private improvements shall be completed within two (2) years from the date of approval and recording of the final plat, unless otherwise extended by the Board of Trustees upon written request by the subdivider and a finding that good cause exists for such extension. The Town may approve extensions subject to updated cost estimates, continued adequacy of financial security, and any additional conditions necessary to ensure completion of improvements. Upon completion and acceptance of required improvements by the Town and receipt of all required as- built drawings and documentation, the Town shall release the associated financial security within thirty (30) days. If required improvements are not completed within the approved time period, or any approved extension thereof, the Town may, upon notice to the subdivider, draw upon the financial security to complete the improvements. The Town may release portions of the financial security on a phased basis as discrete improvements are completed, inspected, and accepted by the Town. 5. Warranty. All workmanship and materials for all required public improvements shall be warranted by the subdivider for a period of two (2) years from the date of acceptance of the required improvement by the Town; provided that any defects which are the result of public abuse, misuse, or acts of God are not the responsibility of said subdivider. In the event that any other provision of this Code or specifications adopted pursuant thereto requires a warranty of workmanship or materials for a different period of time, that provision requiring the longer period shall govern. The inspection or acceptance of any required improvement by the Town shall not relieve the subdivider of his warranty of workmanship and materials. H. Private Open Areas and Trails. All plans for subdivisions of land shall provide for private open areas and public trails as specified in §6.4, "Public Trails and Private Open Areas," of this Code. I. Vegetation Protection. Refer to Chapter 6, §6.3 for landscaping, buffering, and tree protection requirements. J. School Site Dedication. 1. Dedication requirement. As a condition of approval of a final plat of subdivision or re-subdivision, or of a final plat of a PUD , each subdivider or developer shall be required to dedicate land for school sites to serve the expanded future needs of the residents of the planned development, or make a contribution in lieu of actual land dedication, or a combination of both, at the option of the Town and the School Board. 2. Calculation of required land. The land dedication requirement shall be determined by obtaining the ratio of the estimated number of students from the planned development to be served in each school to the minimum recommended acres per school classification, divided by the maximum recommended number of students per classification. 3. Procedure. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 11 of 14 a. Dedication, when required, shall be accomplished by transfer of deed or dedication by plat. This must be done prior to approval of the Preliminary Plat. The subdivider shall convey a clear title to the land to be deeded or dedicated to the school district. Where the subdivider cannot convey a clear title at the time of Final Plat approval, the Town Board may, in its discretion, accept a contract to convey the land at a later time certain, accompanied by an acceptable assurance guaranteeing payment of a sum equal to the value of the land. b. Where the site is under the control of a third party, a similar three-party arrangement may be made. c. At the time of filing a Preliminary Plat, the school district shall indicate whether land dedication or fees in lieu of land are required for school purposes. The school district shall submit its recommendations to the Department within ten (10) days of notification that a plat has been filed. 4. Fee-in-lieu alternative. Where the jurisdiction determines that land dedication is not feasible or desirable, the subdivider may pay a school site fee per dwelling unit, as established by the governing body's resolution and updated periodically. The fee shall be proportional to the land value and acreage that would otherwise be required. 5. Cost of site development. If land is dedicated to a school district in accordance with this §9.5.J.1, the school district shall be required to pay its share of costs incurred in the development of the school, including but not limited to adjacent roads, drainage, sidewalks, and utility extensions. 6. Additional requirement on the Final Plat. The Final Plat shall record the manner of compliance with the provisions of this Section. As appropriate, the plat shall record the acreage dedicated. Dedication or conveyance, and acceptance of the land, shall state that the land is to be used for school purposes. K. Monuments. 1. Generally. All surveying shall be performed and survey monuments set in accordance with all statutes of the State of Colorado. 2. Location. In making the survey for a subdivision or addition, the survey shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at all angle points and curve points on the exterior boundary lines of the tract, at all points of intersection of street center lines, or at other points as may be necessary to serve the above requirement. 3. Restoring Monuments. Any monument that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider. 4. See preliminary plat submittal requirements (Appendix B) for preliminary field marking requirements. § 9.6 TOWNHOME STANDARDS A. Applicability: When a project includes five (5) or more townhomes, the standard subdivision process shall be followed, including a preliminary and a final subdivision plan. Projects with fewer than five (5) townhomes may be processed as the minor subdivision process set forth in § 9.2. B. Outlot. Common townhome property and facilities shall be placed in platted outlots and shall be owned and maintained by the homeowners' association. This includes, but is not limited to, stormwater facilities, parking lots, private streets, and open space. C. Ownership and Maintenance Requirements. Townhome developments shall provide recorded covenants, conditions, and restrictions (CC&Rs), a property owners’ association agreement, or other legally binding DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 12 of 14 instrument approved by the Town that establishes the organization responsible for ownership, operation, and perpetual maintenance of all common elements and shared facilities. Such common elements and shared facilities shall include, at a minimum, private streets or driveways, parking areas, pedestrian access, landscaping, snow removal areas, drainage facilities, retaining structures, utilities serving multiple units, and any other shared improvements associated with the development. D. Minimum Lot Size. The minimum lot size for the underlying zoning district applies to the townhome development as a whole, not to individual townhome lots. Individual townhome lots that do not meet the minimum lot size may be approved by the Decision-Making Body. E. Setbacks. Minimum structure setbacks shall not apply between interior lots or building sites within a single coordinated development (including subdivisions, PUDs, or similar approved projects), provided such lots or sites do not abut property outside the project boundary. All perimeter setbacks from external property lines shall still apply. F. Lot Coverage. 1. Townhome projects shall be limited to a lot coverage not to exceed that established for the underlying zone district (see Tables 3.2 and 3.3). 2. A table delineating allowed lot coverage for each lot, including the outlot, shall be included for each townhome project plat. 3. Individual lots shall be limited to no more than eighty percent (80%) lot coverage. 4. There shall be no more than eight (8) attached townhome units per single structure or building. § 9.7 CLUSTER DEVELOPMENTS A. Purpose. To provide an optional method for residential site planning and subdivision that permits clustering of individual lots in order to: 1. Preserve open space in amounts greater than those achievable with more conventional subdivision design and thereby help to preserve Estes Park’s natural character and scenic vistas; 2. Protect environmentally sensitive areas such as steep slopes and ridgelines, unique rock formations and outcroppings, river systems, wetlands, wildlife habitat, and migration corridors; and 3. Promote a flexible and economical residential layout and street design to provide a more efficient and aesthetic use of open space and to reduce infrastructure costs. B. Eligibility. Cluster developments are permitted in all residential zoning districts. C. Maximum Permitted Density Bonus. Cluster developments that meet the standards and review criteria set forth in this Section shall be eligible for a density bonus of up to 50% above the base density standard set forth in Table 3.2, §3.4.C D. Uses Permitted. Cluster developments shall contain only single-family detached residential uses permitted in the underlying district. E. Development and Design Standards. 1. Minimum Parcel Size. Two (2) acres. 2. Lot Size. a. General Rule. Subject to the exceptions listed below, the minimum lot sizes for single-family detached lots within approved cluster developments shall be as follows: DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 13 of 14 Table 9.1 Zoning District Minimum Lot Size/Area for Single-Family Detached Lots RE 1.0 acres E-1 0.5 acres E 6,500 b. Exception for Lots with Private Water/Sewer. The minimum lot size for lots serviced by private wells or private septic systems shall be two (2) acres in the RE and E-1 districts. c. Exception for Open Space Development on Steep Slopes. Cluster lots with an average slope of greater than fifteen percent (15%) shall be subject to the lot area adjustment set forth in §6.1.A part of this Code. The minimum lot areas set forth in this subsection shall be used as the base for any required increase in lot area due to steep slopes. 3. Open Areas. a. Minimum Amounts Required. Open space developments shall provide the following minimum amount of private and/or public open areas: Table 9.2 Zoning District Minimum Open Areas (% of Gross Land Area) Enhanced Open Areas (Density Bonus Tier) RE 50% 70% E-1 40% 60% E 30% 50% b. Permanently Protected from Development. Prior to any construction activities within the development, such open areas shall be permanently preserved as open areas by the recording of a conservation easement or deed restriction. All open areas in an open space development not dedicated to a public entity shall be conveyed to a homeowners' association or other organization approved by the applicable Decision-Making Body responsible for the maintenance of the open areas. c. Contiguity. Open areas shall be designed to maximize contiguous open area and avoid creating small, isolated, unusable areas. Such lands shall not be fragmented into small, unconnected areas by development. To the maximum extent feasible, open areas shall be located contiguous with and connected to other open areas on the site or to open areas adjacent to the open space development boundaries. Where applicable, physical connections for wildlife movement shall be provided within the protected open areas. d. Compliance with Other Standards. All open areas, whether private or dedicated for public use, shall comply with all other open area standards set forth in §6.4, "Public Trails and Private Open Areas," of this Code. DRA F T Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 14 of 14 4. Setbacks and Buffers. a. Building Setbacks. Except as specified in subsection 4.b below, building and structure setbacks and yard requirements for individual cluster lots shall be determined on a case-by-case basis by the applicable Decision-Making Body during the development review procedures. All setback and yard determinations shall take as their starting point the minimum setback and yard requirements set forth in §3.3.C of this Code for the underlying base zoning district, and shall consider factors such as minimization of land disturbance and avoidance of potential impacts on sensitive environmental areas, hazard areas, scenic views, and adjacent residential land uses. A setback of ten (10) feet from property lines adjacent to open areas is required. For interior lots, a side setback of five (5) feet from the property line and rear and front setbacks of ten (10) feet are required. b. Building Setbacks and Resource Protection. All development within an open space development shall comply with the setback (no disturbance) requirements set forth in Chapter 6 to protect and preserve wetlands, stream and river corridors, ridgelines, wildlife habitat, and hazard areas. See §6.5, §6.6, and §6.7 of this Code. F. Review Criteria for Approval of Open Space Developments. All open space developments shall comply with all other applicable provisions, as set forth in this Code, and the following review criteria: 1. Site Design. The open space development, compared with a more conventional site development plan, better attains the policies and objectives of this Code and the Comprehensive Plan, such as providing more open areas, preserving existing trees and vegetation coverage, protecting wildlife habitats, and preserving sensitive environmental areas such as river/stream corridors, hazard areas, wetlands, and steep slopes; and DRA F T Estes Park, Colorado, Development Code CHAPTER 10. ANNEXATION Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:51 [EST] (Supp. No. 22) Page 1 of 6 CHAPTER 10. ANNEXATION § 10.1 PURPOSE The purpose of this Chapter is to set out the policies and procedures for annexing property into the Town limits. The Chapter establishes a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. § 10.2 APPLICABILITY A.This Chapter applies to all petitions, procedures, and actions related to the annexation of land into the Town, except where expressly stated otherwise. The provisions of this Chapter are intended to implement and supplement the Colorado Municipal Annexation Act of 1965, as amended. Land may be annexed to the Town only when the requirements of Article II, Section 30 of the Colorado Constitution and C.R.S. § 31-12-104 have been met. This Chapter shall apply to: 1.All privately initiated annexation petitions, including any associated zoning, development plans, agreements, or dedications submitted in conjunction with a request for annexation. 2.All Town-initiated annexations. 3.All map, notice, hearing, and documentation requirements necessary to determine eligibility for annexation and to process an annexation petition in accordance with State law. § 10.3 COMPLIANCE WITH STATE ANNEXATION LAW A.All annexation petitions, proceedings, and approvals under this Chapter shall be subject to and conducted in compliance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. § 31-12-101 et seq. In the event of any conflict between the provisions of this Chapter and state law, the requirements of state law shall control. Nothing in this Chapter shall be construed to limit, waive, or supersede any requirement imposed by state law, including but not limited to: 1.The eligibility requirements for annexation set forth in C.R.S. § 31-12-104; 2.The petition content and signature requirements set forth in C.R.S. § 31-12-107; 3.The finding of substantial compliance is required prior to scheduling an annexation hearing, as set forth in C.R.S. § 31-12-107(1); and 4.The hearing, notice, and findings requirements set forth in C.R.S. § 31-12-108 through 31-12-110. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 2 of 6 § 10.4 PROCEDURE A. Petition Processing. Petitions for annexation shall be processed in accordance with the application requirements, review procedures, and approval processes set forth in this Chapter, Chapter 2, and any submittal requirements established by the Department, as applicable to the type of annexation. B. Pre-Application Conference. Before commencing the annexation process of any parcel of land, the applicant shall consult with the Town Community Development Director or designee for general information regarding the Town’s regulations, procedures, and policies. Any statements made by the Town’s Department concerning a proposed development shall not be binding on the Planning and Zoning Commission or the Town Council. C. Pre-Annexation Agreement. A property owner may seek to negotiate a pre-annexation agreement with the Town of Estes Park. Such negotiations may include, but are not limited to, the type, amount, character, and timeline for development specifying certain improvements required by the property owner and any relevant financial agreements for such improvements. Any statements made by the Town Manager or the Department concerning a proposed development shall not be binding on the Planning and Zoning Commission or the Town Board. At the time of annexation, a final annexation agreement may be confirmed. D. Annexation Impact Report. In accordance with CRS Title 31 Article 12, for all annexations in excess of ten (10) acres, the Town shall prepare an impact report regarding the proposed annexation not less than twenty-five (25) days before the date of the annexation hearing. One (1) copy of the impact report shall be filed with the Board of County Commissioners governing the area proposed to be annexed within five (5) days thereafter. The preparation and filing of the annexation impact report may be waived upon approval of the Board of County Commissioners governing the area proposed to be annexed. The annexation impact report shall include the following: 1. A map or maps of the Town and adjacent territory showing the following information: a. The present and proposed boundaries of the Town in the vicinity of the proposed annexation. b. The present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. c. The existing and proposed land use patterns in the areas to be annexed. 2. Multimodal transportation connections consistent with Town transportation plans. 3. A copy of any draft or final pre-annexation agreement, if available. 4. A statement of the Town's or developer’s plans for extending or providing for municipal services within the area to be annexed. 5. A statement of the Town's or developer’s plans for the financing of municipal services to be extended into the area to be annexed. 6. A statement identifying all existing districts within the area to be annexed. 7. A statement of the effect of the annexation upon the school district governing the area to be annexed. 8. Any other relevant information as required by the Town Community Development Director. E. Requirement to Zone Annexed Property. All petitions for annexation shall be accompanied by an application for zoning of the property to be annexed. All zoning applications shall propose a zone that is consistent with the Comprehensive Plan, as amended DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 3 of 6 F. Requirement for Annexation Agreement. No petition for annexation of land shall be approved until the petitioner and the Town have negotiated and entered into a pre-annexation or annexation agreement governing the proposed development of the land, the timing and phasing of such development, provisions regarding the construction and maintenance of required infrastructure, pre-existing vested property rights, and any other matters as the Town determines appropriate for inclusion in such agreement in order to protect the public health, safety, and welfare. G. Intergovernmental Coordination. In connection with an anticipated or proposed annexation, the Town may terminate one or more intergovernmental agreements with Larimer County or any other governmental or quasi-governmental entity regarding the timing or phasing of development on the land, the construction or maintenance of infrastructure to serve the land, or the allocation of costs associated with the provision of infrastructure or public services to the land proposed for annexation. The Town may decide to delay processing of a proposed annexation until the conclusion of such an intergovernmental agreement and may review it for compliance with the terms of that agreement. H. Other Concurrent Applications. The applicant may submit concurrent applications for development approval with the annexation petition. In this case, any public improvement construction plans submitted with the annexation petition shall be deemed to be part of the application for development approval. I. Planning Commission Recommendation. 1. Public Hearing. Subject to available space on the agenda, the Planning Commission shall hold a public hearing on the annexation petition prior to the Town Board hearing. The public hearing shall be noticed in accordance with §2.14 General Notice Provisions. 2. The Department Recommendations. The Department recommendations shall be presented during the Planning Commission public hearing. 3. Planning Commission Recommendation. The Planning Commission shall make appropriate findings and recommendations based on the applicable review considerations. Using the policies and the annexation review considerations set out in this Chapter, the Planning Commission may recommend to the Town Board: a. Approval of the petition; b. Approval of the petition with conditions; c. Denial of the petition as submitted; or d. With the concurrence of the applicant, continue the application and refer the matter back to the applicant for further study. 4. Recommended Conditions. a. In recommending approval of any application, the Planning Commission may recommend any condition for any reason, including but not limited to ensuring that the proposal satisfies the review considerations set forth in this Chapter, the objectives and policies of the Comprehensive Plan, and the requirements of this Code. b. Before recommending that any condition be imposed on the annexation, the Planning Commission shall request the consent of the applicant to the conditions, either in writing or as a part of the record of the proceeding. If the applicant fails to consent to all conditions, such failure shall be grounds for recommending denial of the annexation. J. Town Board Decision. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 4 of 6 1. Public Hearing. The Town Board shall decide whether to grant or deny the annexation petition after a public hearing held in accordance with Colorado law. Public notice for the hearing shall be provided in accordance with applicable state statutes and Town requirements. 2. Presentation of Recommendations. The Department shall present the Planning Commission’s and the Department’s recommendations as part of the public hearing. 3. Town Board Decision. Upon review of the petition and supporting materials in light of the policies and the annexation review considerations set forth in this Chapter, the Town Board may approve with conditions: a. Approve the petition as submitted; b. Deny the petition as submitted; c. In accordance with Colorado law, continue the application and refer the matter back to the applicant for further study. 4. Town Board Findings. If the annexation petition is granted by the Town Board, the Town Board shall make appropriate findings based on the applicable review considerations and Colorado law. 5. Conditions. a. In approving any application, the Town Board may impose any condition for any reason, including but not limited to ensuring that the proposal satisfies the review standards set forth in this title, the Comprehensive Plan, and this Code. b. Before imposing any condition on the annexation, the Town Board shall obtain the consent of the applicant to the conditions, either in writing or as part of the record of the proceeding, or after an election if an election is required by law. If the applicant fails to consent to all conditions, such failure may be grounds for denial of the annexation. c. Conditions of approval shall be incorporated into an annexation agreement that is approved by the Town, which shall be executed by the applicant and delivered to the Community Development Director after the first reading of the annexation ordinance. § 10.5 ESTABLISHMENT OF ZONING A. Concurrent Zoning Required. All property annexed into the Town shall be assigned a zoning designation concurrent with annexation approval in accordance with this Code and the Town’s Comprehensive Plan. B. Initial Zoning Determination. The zoning designation applied at the time of annexation shall be based upon: 1. The proposed future land use designation; 2. Existing and surrounding development patterns; 3. Availability of infrastructure and public services; 4. Compatibility with adjacent zoning and land uses; and 5. Any applicable annexation agreement. C. Modification of Requested Zoning. The Decision-Making Body may approve, approve with modifications, or deny the requested zoning designation concurrent with annexation. D. Withdrawal of Annexation Petition. If the Decision-Making Body denies the requested zoning designation or approves a zoning designation materially different from that requested by the Applicant, the Applicant may withdraw the annexation petition at any time prior to final approval of the annexation ordinance by submitting written notice to the Town. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 5 of 6 E. Effect of Withdrawal. Withdrawal of an annexation petition shall terminate processing of the annexation application and any associated land use applications unless otherwise authorized by the Town. § 10.6 REVIEW CRITERIA A. Consideration of annexation requests is discretionary and shall be evaluated based on the following criteria and policy considerations, as applicable. The Town Board may consider the extent to which an annexation proposal addresses these factors, with the Town’s Annexation Policy, Comprehensive Plan, and other adopted plans and regulations: 1. The annexation satisfies statutory eligibility and procedural requirements. 2. The annexation is consistent with the requirements of the Town’s Annexation Policy. 3. The proposed annexation is in general conformance with the Town’s Comprehensive Plan. 4. The Town has the ability to provide municipal services, or a plan exists to do so. Annexations shall not place an undue burden on existing public services or utilities. All necessary infrastructure upgrades or extensions shall be completed by the annexing party at its sole cost. 5. The annexation does not include streets or infrastructure that do not meet current Town standards, or has a plan to upgrade the applicable streets and infrastructure by the annexing party at their sole cost. 6. The annexation demonstrates consideration of the long-term fiscal impacts to the Town, including service demands, infrastructure maintenance obligations, and anticipated revenues. 7. The annexation shall address and mitigate any applicable risks from natural hazards such as flooding and wildfire. 8. Annexations that generate new jobs shall provide housing solutions for employees, such as providing deed-restricted housing in accordance with Town requirements. 9. Annexations that provide residential uses shall include a variety of housing sizes, types, and densities. New housing shall meet the requirements with regard to the mix of market-rate and deed-restricted housing. § 10.7 TERM AND EFFECT OF APPROVAL A. The annexation shall become effective upon recording of the annexation ordinance and annexation map. § 10.8 DISCONNECTION A. Applicability. All disconnections from the Town of Estes Park shall be in compliance with C.R.S. 31-12-501-503. B. Upon the submission of documentation in accordance with this Chapter and upon compliance with the requirements as set forth in C.R.S. 31-12-501-503, as amended, the Town Board may consider the approval of an ordinance disconnecting the subject property from the Town. C. In the event the Town Board considers and disapproves such ordinance for annexation or disconnection, no similar request may be heard for a period of one (1) year from the date of any election action denying the annexation application. D. Consideration of disconnection shall be evaluated against the following criteria: DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 6 of 6 a. Enclaves Prohibited. Land proposed for disconnection shall not result in an enclave of unincorporated county lands surrounded by the Town of Estes Park. b. Vested Rights and Site-Specific Development Plans. The property shall relinquish any vested rights or site-specific development approvals. If the property has pursued development in accordance with a site-specific development plan, it shall not be eligible for disconnection, pursuant to C.R.S. 31-12- 501–503, as amended. § 10.9 AMENDMENT TO ANNEXATION AGREEMENTS Generally. Amendments to an annexation agreement shall be processed in accordance with the same process required for the establishment of the annexation process as mentioned in this Chapter. DRA F T Estes Park, Colorado, Development Code CHAPTER 11. SIGNAGE Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:53 [EST] (Supp. No. 22) Page 1 of 26 CHAPTER 11. SIGNAGE § 11.1 INTENT AND PURPOSE The purpose of this Chapter is to protect the health, safety, and welfare of the citizens by providing for uniform control of signs. It is the intent of the regulations set forth in this Chapter to: A.Encourage the effective use of signs as a means of communication in the Town; B.Enhance economic development opportunities for the community; C.Provide for a safe and efficient transportation network; D.Ensure that pedestrians, motorists, travelers, and other citizens are protected from damage or injury caused or attributable to the distractions and obstructions which are caused by improperly situated signs; E.Minimize the adverse effect of signs on nearby public and private property; F.Preserve Estes Park’s natural scenic beauty; and G.Improve the aesthetic appearance of Estes Park. The Town intends to strike a reasonable balance between an individual's right to convey a message and the public's right to be protected from the visual discord resulting from unrestricted proliferation and uncoordinated placement of signs. § 11.2 APPLICABILITY AND SCOPE A.This Chapter is not intended to and shall not regulate: 1.Building design, exclusive of sign regulatory elements; or 2.The content and message of signs. § 11.3 DEFINITION OF SIGN TYPES A.For the purposes of this Chapter, the following words and terms shall have the meanings set forth in this definitions subsection. Other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. 1.Abandoned sign means a sign that no longer identifies or advertises a bona fide business, service, or product. An abandoned sign is not defined as a nonconforming sign. 2.Animated sign means any sign that uses movement or change of lighting to depict action or create a special effect. An animated sign is not defined as a changeable copy sign for purposes of this Section. 3.Area, sign. See "sign display area." 4.Banner means any wall sign made of fabric, plastic, or other non-rigid material with no enclosing framework. A banner is considered a type of temporary sign. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 2 of 26 5. Beacon means any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 6. Billboard means a sign on a permanent structure on which the copy may be periodically changed, typically designed for viewing from interstate or primary arterial corridors. A sign on a permanent structure with a sign display area of two hundred (200) square feet or more is deemed to be a billboard for purposes of this Chapter. 7. Building marker means any sign indicating the name of a building and date and incidental information about its construction, which sign is an integral part of a masonry surface or made of bronze or other permanent material. 8. Building frontage, street means the width of a building parallel to the street frontage. In a shopping center or mall where buildings do not have direct access or frontage on a street, the building frontage is defined as the width of the building parallel to the public parking lot frontage. 9. Canopy sign means any sign that is a part of or attached to an awning, canopy, marquee, or other fabric, plastic, or structural protective cover over a door, entrance, window, sidewalk, or outdoor service area. Canopy Sign 10. Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, either manually through the use of attachable letters or panels, or electronically using incandescent bulbs, liquid crystal displays (LCDs), light-emitting diodes LEDs), or similar technologies. A sign on which the message changes more than seventy-two (72) times in any given twenty-four (24) hour day is defined as an animated sign and not a changeable copy sign for purposes of this Chapter. 11. Commercial message means any sign, wording, logo, or other representation that names, advertises, or calls attention to a business, product, service, or other commercial activity. 12. Commemorative sign means a sign, tablet, cornerstone, or plaque less than ten (10) square feet memorializing a person, event, structure, or landmark. 13. Construction sign means a temporary sign placed in advance of occupancy of a building or structure, generally indicating the name of the building or structure, the architects, the contractors, and other information regarding the building or structure. 14. Directional sign. See "off-premises directional sign" or "on-premises directional sign." 15. Electronic message center (EMC) means a sign which meets the definition herein of either an "on- premises electronic message center (EMC)" or an "off-premises electronic message center (EMC)". DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 3 of 26 Electronic message center — EMC 16. Electronic message center (EMC), monochrome means a sign which meets the definition herein of either an "on-premises electronic message center (EMC)" or an "off-premises electronic message center (EMC)" and displays only one color within any given eight (8) second period of time, excluding black and white. 17. Electronic message center (EMC), multicolor means a sign which meets the definition herein of either an "on-premises electronic message center (EMC)" or an "off-premises electronic message center (EMC)" and displays more than one (1) color at any given time, excluding black and white. 18. Feather Flag means a type of wind sign consisting of a tall, narrow, flexible banner attached to a lightweight pole or staff, typically curved or arched at the top, designed to move with the wind to attract attention. Feather flags are characterized by their elongated teardrop, blade, or swooper shape and are typically used for temporary promotional or advertising purposes. Feather flags are distinct from traditional banners, flags of nations, states, or political subdivisions, or official institutional flags. 19. Festoon means a string of ribbons, tinsel, pennants, or pinwheels. 20. Flag means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity, or displaying a noncommercial message. 21. Freestanding sign means any sign supported by structures or supports that are placed in, or anchored in, the ground and that are independent from any building or other structure. Freestanding signs as defined herein are deemed to include monument signs and pole signs. 22. Fuel price sign means an on-premises sign, located on property whose primary use is retail dispensing of fuel and fuel products, and that displays any or all of the following elements: (a) the name or logo of the business on which premises the fuel dispensing activity occurs; (b) the per-unit price(s) of fuel(s) to be dispensed on the premises. 23. Governmental sign means a sign installed by a unit of federal, state, or local government . This term is deemed to include signs of public service entities whose purpose and function are the control of traffic or other regulatory purposes, including hazard or danger warning signs and similar aids to service safety. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 4 of 26 24. Holiday decorations means noncommercial signs, graphics, or other materials that are temporarily displayed during civic, patriotic, cultural, and/or religious holidays. 25. Home occupation means a business, profession, occupation or trade that is conducted for gain as an accessory use within a dwelling unit, or an accessory building by a resident of the dwelling unit. 26. Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading only," "telephone," and other similar directives. No sign with a commercial message is deemed to be incidental. A sign that meets the definition of an on- premises directional sign is not defined as an incidental sign. 27. Monument sign (low profile sign) means a freestanding sign that is composed of a solid base structure between finished grade and the sign , such that the base length at grade equals seventy percent (70%) or more of the maximum sign length, measured parallel to the widest horizontal dimension of the sign face(s). The base structure shall be constructed of masonry, stone, brick, wood, or other solid opaque material and shall be visually integrated with the sign face(s). Signs where the base length at grade does not meet the seventy percent (70%) minimum shall not qualify as monument signs. Monument sign 28. Multi-tenant complex means a lot or parcel that contains multiple business entities contiguous to a common parking lot. Multi-tenant sign 29. Neon-style sign means a sign that utilizes electrically charged neon or other inert gas contained within a vacuum tube to generate light. "Neon-style sign" may also mean a sign that uses other technology to mimic or reproduce the visual appearance of gas-containing tubes, such as LED light source(s) within flexible light-diffusing tubes. The sign message is created by bending and forming the tubes into lettering and/or iconic graphical shapes. 30. Nonconforming sign means any sign that was lawfully established prior to the effective date of this Chapter or a subsequent amendment thereto, but does not conform to the requirements of this Chapter. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 5 of 26 31. Off-premises sign means a stationary sign that advertises or displays commercial information about a commercial or business establishment, good, facility, service or product that is not sold, conducted or offered on the lot, property or premises on which the sign is located. 32. Off-premises electronic message center (EMC) means a changeable copy or animated sign that utilizes a computer or other electronic controlled means to change and control the message displayed, and that advertises or displays commercial information about any commercial or business establishment, good, facility, service or product that is not sold, conducted or offered on the lot, property or premises on which the sign is located. An off-premises EMC may use incandescent lamp, LCD, LED or other illuminated display technologies. An off-premises EMC whose copy changes more than seventy-two (72) times in any given twenty-four (24) hour day is defined as a type of animated sign; any other EMC is defined as a type of changeable copy sign. An off-premises EMC that also meets the definition of a billboard as defined herein is deemed to be a type of billboard for purposes of this Chapter. 33. On-premises sign means a sign that is located upon the lot, property, or premises of the activity to which it refers. 34. On-premises directional sign means a sign located upon the lot, property, or premises of the activity to which it refers that directs the movement or placement of pedestrian or vehicular traffic. On-premise directional signs do not contain any commercial messaging. 35. On-premises electronic message center (EMC) means a changeable copy or animated sign that utilizes a computer or other electronic controlled means to change and control the message displayed, and that is located on the same lot, property or premises to which all sign messages refer. An on-premises EMC may use incandescent lamp, LCD, LED or other illuminated display technologies. An on-premises EMC whose copy changes more than seven and one-half (7.5) times in any given minute is defined as a type of animated sign; any other on-premises EMC is defined as a type of changeable copy sign. 36. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. 37. Pole (pole-style) sign means a freestanding sign that is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground. 38. Portable sign means any sign not permanently attached to the ground or other permanent structure and designed to be transported, including, but not limited to, signs designed to be transported by means of wheels or signs converted to A- or T-frames. For purposes of this Chapter, a portable sign shall be classified as either: (a) a temporary sign; or (b) a vehicle sign, as applicable. 39. Principal building means the building in which the principal use of the lot is conducted, on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses are not considered principal buildings. 40. Projecting sign means any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve (12) inches beyond the surface of such building or wall. 41. Revolving sign means a sign that has the ability to turn at least one hundred eighty (180) degrees. All or a portion of the revolving sign are capable of revolving under external or internal control. 42. Roof sign means any sign installed and displayed on or over any portion of the roof structure of a building. 43. Sandwich board sign means a portable self-supporting sign with one or more faces, typically designed with an A-frame (i.e., upside-down "V") or similar shape. 44. Setback means the distance from the property line to the nearest part of the sign, measured perpendicularly to the property line or right-of-way. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 6 of 26 45. Sign, signage means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The term "signage" is deemed to be identical to the term "sign", whether singular, plural, or collective. A graphic display, mural, or artwork is not deemed a sign for purposes of this Chapter if it meets all of the following criteria: a. Its dominant purpose is decorative, artistic, or cultural in character; b. It does not prominently feature text, logos, trade names, or commercial identifiers that would cause a typical observer to associate the display with a specific business, product, or service; and c. It was not commissioned, funded, or required as a condition of any commercial transaction or business operation on the same property. 46. Sign display area (individual) means the area of a sign face (which is also the sign display area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself. 47. Sign display area (multi-faced) means the sign display area for a sign with more than one (1) face shall be computed by adding together all individual sign display areas visible from any one (1) point. When two (2) identical sign faces are placed parallel (back-to-back), so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twelve (12) inches apart, the sign display area shall be computed by the measurement of the individual sign display area on one (1) face. 48. Sign height means the height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign structure. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. 49. Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. 50. Temporary sign means any sign that is used only temporarily and is classified as either: (a) special-event temporary signs, (b) supplemental temporary signs. 51. Temporary sign (special-event temporary sign) means any temporary sign that is displayed in association with a Town-approved event of limited duration that is of special importance to the greater Estes Park community. For purposes of this Chapter, temporary signage for a special event whose duration is two (2) consecutive weeks or longer shall not be classified as special-event temporary signage. 52. Temporary sign (supplemental temporary sign) means any temporary sign that is not classified as a special-event temporary sign. 53. Time-temperature sign means a sign that displays only an electronic or mechanical indication of time, temperature, or both. A time-temperature sign is exempt for purposes of this Chapter, without respect to frequency or duration of the changeable copy message. 54. Total sign display area means the total aggregate sign display area permitted to an individual or business, including all on-premises and off-premises signs. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 7 of 26 55. Vehicle sign means any sign which is painted on, affixed to or otherwise mounted on any vehicle or on any object which is placed on, in or attached to a vehicle that is parked and visible from the public right- of-way, unless said vehicle is used in the normal day-to-day operations of a business. For the purposes of this definition, the term "vehicle" is deemed to include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, and semi-tractors. 56. Wall sign means any sign attached parallel to, and within twelve (12) inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. 57. Window sign means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is permanently or temporarily affixed inside or upon a window and is visible from the exterior of the window. 58. Wind sign means a sign consisting of one (1) or more pennants, ribbons, spinners, streamers, or captive balloons, or other objects or materials fastened in such a manner as to move upon being subjected to pressure by wind or breeze, but does not include flags, supplemental, or special event temporary signs. § 11.4 GENERAL REQUIREMENTS A. Sign permit requirements. 1. Unless otherwise provided by this chapter, all signs shall require a permit. Permit issuance shall require compliance with all provisions established in this Chapter. 2. If a sign requires a permit under the provisions of this Chapter is to be placed, constructed, erected, or modified on a lot, property, or premises, the owner or designee of the lot, property, or premises shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign. 3. A permit shall not be required for a modification to an existing sign that changes only the message content thereof and does not alter or affect the sign structure in any other way. Examples of such changes that do not require a permit include, but are not limited to: Repainting faded lettering or graphics; replacing visibly worn materials in the sign display area, such as plastic lettering; or changing the sign copy to reflect a change in message. 4. A permit shall not be required for changing the message content of an electronic message center (EMC), provided that all requirements of Municipal Code Section 17.66.110.i, Electronic message center (EMC) signs, are met. B. Design, Installation, and M aintenance. All signs shall comply with all applicable code provisions as adopted by the Town, in addition to the requirements of this Chapter. The Department shall have the right to order the repair or removal of any sign that is defective, damaged, or substantially deteriorated, abandoned, or whose supporting structure remains without an active sign display. 1. General Location Requirements. All signs shall comply with the following location requirements unless otherwise expressly provided in this Chapter: a. Setbacks. No sign shall be located closer than five (5) feet from any property line, unless the sign is attached to a structure that is already legally nonconforming with respect to setbacks, in which case the sign shall not extend beyond the existing nonconforming setback of the structure. In zone districts, where the applicable setback is less than five (5) feet, signs shall be permitted to be located at the minimum setback distance established for that zone district, provided the sign does not encroach into the public right-of-way. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 8 of 26 b. Right-of-Way Prohibition. No sign shall be located within, over, or encroaching into any public right- of-way, except: i. Governmental or traffic control signs installed or authorized by a governmental entity; ii. Projecting or blade signs expressly permitted to encroach into the right-of-way and for which a right-of-way encroachment permit or license has been obtained; and iii. Banners or signs authorized by the Town for special events pursuant to §11.4. 2. Public Property Prohibition. No sign shall be located on public property, including parks, plazas, open space, or Town-owned property, except governmental signs or signs expressly authorized by the Town. 3. Sight Distance Triangle. No sign shall be located within a sight distance triangle at any driveway, alley, or street intersection, as defined and measured pursuant to Town Engineering Standards. Signs within the sight distance triangle shall not exceed thirty (30) inches in height above finished grade. 4. Clearance Over Pedestrian Areas. Any sign that overhangs a sidewalk, pedestrian pathway, or other area accessible to the public on foot shall maintain a minimum vertical clearance of eight (8) feet above finished grade to the bottom of the sign. 5. Clearance Over Drives and Alleys. Any sign that overhangs a vehicular drive, parking area, or alley shall maintain a minimum vertical clearance of fourteen (14) feet above finished grade to the bottom of the sign. 6. Utility Lines and Equipment. No sign shall be located so as to obstruct, interfere with, or encroach upon any public utility line, utility easement, fire hydrant, traffic control device, or emergency access. 7. Flood Hazard Areas. Signs located within a designated flood hazard area shall comply with the floodplain management regulations of Chapter 18.04 Floodplain Regulations of the Estes Park Municipal Code. 8. Freestanding Sign Base Requirement. All freestanding signs shall have a solid base with a length at finished grade equal to at least seventy percent (70%) of the maximum sign length, measured parallel to the widest horizontal dimension of the sign face(s). The base shall be constructed of stone, wood, or masonry that is consistent with and complements the sign's design. All permit applications for freestanding signs shall include a scaled elevation drawing clearly dimensioning both the base length at grade and the maximum sign length, demonstrating compliance with the seventy percent (70%) minimum ratio. 9. Landscaping. Monument signs shall be installed with a landscaped area surrounding the base, which shall be maintained in good condition at all times. C. Illumination. Illumination of a sign (excepting EMCs) shall be regulated as specified in this section. Unless otherwise specified here, all light sources shall comply with §6.8.D Exterior Lighting. Illumination of signage shall be allowed, with the following provisions: 1. Illuminated signs are not permitted on buildings or properties within residential zoning districts; 2. The maximum luminous or illuminated surface area of a sign on any property shall not exceed 200 square feet to prevent public nuisance; 3. No beacons, searchlights, flashing, rotating, or otherwise animated beams shall be used. Color-changing light sources also shall not be used; 4. Illuminated signs are subject to Nighttime Curfew hours as established in §6.8. Such illuminated signs shall be extinguished or dimmed by at least 50% at 10 PM or an hour after close of business, whichever is later. Illuminated signs may be lit no earlier than 7 AM or an hour before opening; DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 9 of 26 5. Signs may be illuminated externally, internally, with marquee-style bulbs, or shadow-backlit, provided the light source itself is not directly visible from the public right-of-way or adjacent properties. a. Internally illuminated sign light sources shall not exceed 4000K. b. The CCT shall not exceed 3000K for externally lit or shadow backlit signs. c. All external light sources for signs should be shielded and aimed in a downward direction, and the light shall be so directed that only the face of the sign is illuminated. d. The exposed light sources for marquee signs must not be animated and shall not exceed 3000K. The light sources must comply with the light-level expectations in §6.8.D. 6. For externally illuminated signs, light fixtures shall be mounted on top of the sign structure and directed downwards to illuminate sign surfaces. a. When this is not possible due to existing sign constraints, the light from any ground-mounted light source must not shine past the surface of the sign intended to be lit, and the light source itself shall not be directly visible from the public right-of-way or adjacent properties. 7. The maximum light level of any illuminated sign shall not exceed three (3) lux more than ambient lighting conditions as measured perpendicular to the sign from a distance equal to the square root of [Area of sign (sf) x 100] a. The light level shall be verified with the manufacturer at the time of sign commissioning for any new or upgraded sign. D. On-premises directional signs. On-premises directional signs shall be limited to directional information only, such as arrows, lane designations, parking instructions, entrance and exit identification, and similar navigational content. On-premises directional signs shall not contain commercial advertising messages, promotional content, or pricing information. E. Noncommercial signage. Signs containing noncommercial speech or messages shall be permitted anywhere that commercial, business, or advertising signs are permitted under this Chapter, subject to the same regulations applicable to such signs. § 11.5 APPLICATION FOR PERMITS A. Application for a sign permit shall be made to the Department in the form and manner established by the Department . B. All applications for permits filed with the Department shall be accompanied by a payment of sign permit fees, in the amounts specified. C. The Department shall approve and issue a permit for the installation , structural alteration, or relocation of a sign provided the sign complies with the provisions of this Chapter and with all applicable laws and regulations of the Town. D. All required building permits, including electrical permits, shall be duly applied for and obtained prior to installation of the subject sign, per Town and other code requirements. Issuance of a sign permit is not intended to and shall not serve as a substitute for any other required permit. E. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. F. When a permit is denied, the Department shall provide a written notice to the applicant along with a brief statement of findings and reasons for the denial . DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 10 of 26 G. The Department may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. H. The Department's decision on any sign permit may be appealed to the Town's Board of Adjustment, as provided by this Code and the Estes Park Municipal Code. § 11.6 APPEALS, VARIANCES, AND MINOR MODIFICATIONS A. Appeals. The owner of any sign who believes a decision, ruling, or order of the Department is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Park Board of Trustees. The appeal shall be in writing and filed with the Department. The appeal shall be filed within ten (10) days of the date of the Department's decision, ruling, or order. The written appeal shall specify the decision, ruling, or order of the Code Compliance Officer being appealed. The Estes Park Board of Trustees shall have no jurisdiction or hear any appeal not filed within ten (10) days from the date of the decision, ruling, or order. B. Variances. The owner of any sign may request a variance from the requirements of this Chapter. Variance requests from the requirements of this Chapter shall be processed in accordance with the variance procedures established in §2.15 and shall be heard by the Board of Adjustment. C. Department authority to grant minor modifications. The Department may grant minor modifications up to a maximum of ten percent (10%) from the following general sign standards, provided that the Department finds that such modification advances the goals and purposes of this Code and results in signage that is clearer, less visually cluttered, or better suited to the physical constraints of the site than would be possible under strict compliance with this Chapter: 1. Setback requirements; 2. Specific sign size restrictions, provided that the total sign display area remains in compliance; or 3. Other dimensional standards contained in this Chapter, and time-based standards where objectively measurable, such as illumination curfews established in §6.8.D. § 11.7 ADMINISTRATIVE AND ENFORCEMENT A. The Department is authorized to process and approve or deny applications for permits, and to enforce and carry out all provisions of this Chapter. B. The Department is allowed, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the Town for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless the Department, in its discretion, finds an emergency. C. Removal of signs. 1. The Department may direct or initiate the removal and retention of any sign not permitted under the provisions of this Chapter in cases of emergency or for failure to comply with written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed, and demanding payment of the costs as certified by the Department. The debt may be collected in accordance with the Town's established debt collection procedures. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Department, as in the case of a leased sign. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 11 of 26 2. The Department may direct or initiate the abatement, removal, and storage of any sign that is not permitted under the provisions of this Chapter in either of the following circumstances: a. The sign poses an immediate threat to public health, safety, or welfare; or b. The sign owner or property owner has failed to comply with a written order of removal or repair issued by the Department within the time period specified in such order. 3. For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign. D. Other enforcement, remedies, and penalties. In addition to the foregoing section providing for the removal of signs, all applicable provisions as specified in §1.18. These remedies are cumulative and are in addition to the Town's authority to order the removal of signs under §1.16. § 11.8 ITEMS NOT REGULATED AS SIGNS The following are not considered signs for purposes of this Chapter and are not subject to its provisions: 1. Holiday decorations and seasonal displays that do not identify or advertise a specific business, product, or service; 2. Gravestones, grave markers, and memorial monuments located within a cemetery or burial ground; 3. Works of art or graphic displays like murals qualify as artwork; and 4. Messages and graphics displayed solely for interior viewing within a building and only incidentally visible from outside. Any display listed in this section that is altered, expanded, or used in a manner that causes it to identify or advertise a specific business, product, or service shall be classified and regulated as a sign under this Chapter. § 11.9 EXEMPT SIGNS A. The following signs may be installed without a sign permit. Exempt signs shall not be counted toward the total allowable number of signs or total allowable sign area for a business or property. All exempt signs shall comply with applicable setback, construction, illumination, and safety standards of this Chapter. Any sign exceeding the size or standards specified in this section shall require a sign permit. 1. Building Markers, Plaques, and Commemorative Signs. Building markers, plaques, or cornerstones on designated historic structures or buildings, and publicly installed commemorative or memorial signs installed by or on behalf of a governmental entity or special district for a public commemorative purpose. 2. Carried or Held Signs. Signs that are held or carried by a person at all times when visible from a public right-of-way. 3. Construction Signs. Non-illuminated construction signs that do not exceed thirty-two (32) square feet in sign display area and seven (7) feet in sign height. Construction signs shall be removed upon issuance of a certificate of occupancy or completion of construction, whichever occurs first. 4. Flags. Flags displayed on any property shall comply with the following uniform standards regardless of the message, content, or type of flag displayed: a. No more than three (3) flags shall be displayed per property; b. No individual flag shall exceed a certain square feet in area as determined by the Department; and DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 12 of 26 c. Flagpoles shall not exceed a certain number of feet in height, as determined by the Department, and shall comply with applicable setback standards. Flags that exceed the standards in this subsection shall require a sign permit and shall be subject to the standards applicable to the sign type for which they qualify. 5. For Sale and For Lease Signs. Signs on property being actively offered for sale or lease, provided that the sign: a. Is located on the premises being offered for sale or lease; b. Does not exceed nine (9) square feet in sign display area for residentially zoned property, or thirty- two (32) square feet for non-residentially zoned property; and c. Is non-illuminated. 6. Fuel Price Signs. Fuel price signs shall comply with any minimum size requirements established by Colorado state law. Where state law establishes a minimum sign size that exceeds the standards otherwise applicable under this Chapter, such state-mandated minimum shall control. Fuel price signs that also meet the definition of an electronic message center (EMC) shall comply with the EMC standards established in §11.13.A.3. 7. Governmental Signs. Signs installed by or on behalf of a governmental entity, including special districts, school districts, and utility districts, for governmental, public safety, or public information purposes, such as wayfinding, traffic control, and public notice signs. Signs installed by special districts, school districts, or utility districts shall comply with the setback, construction, and safety standards of this Chapter, notwithstanding their exemption from permitting requirements. 8. Incidental Signs. Non-illuminated incidental signs. 9. Pennants and Festoons. Pennants and festoons shall be regulated as temporary signs under §11.11 and shall not be installed without a temporary sign permit. Pennants and festoons shall be permitted for a maximum of thirty (30) consecutive days per permit period, with no more than two (2) permit periods allowed per property per calendar year. All pennants and festoons shall comply with the setback and safety standards of this Chapter. 10. Product Dispensers and Point-of-Purchase Displays. Product dispensers and point-of-purchase displays, meaning freestanding or counter-mounted fixtures located at the point of retail sale that display or dispense a product and incidentally identify that product by name, brand, or price. This exemption applies only to displays located entirely within an enclosed building or within an established outdoor retail display area on private property. Product dispensers or point-of-purchase displays located in parking areas, along street frontages, or outside an established retail display area shall not qualify for this exemption and shall be regulated as signs. 11. Public Utility Signs. Signs installed by public service or utility companies solely for public safety purposes. 12. Signs Not Legible from Public ROW. Non-illuminated signs not legible from any public right-of-way or adjacent property, where legibility is determined as follows: a sign is not legible if the largest letter or graphic element on the sign measures less than one (1) inch in height for every twenty-five (25) feet of distance from the nearest point of the public right-of-way to the nearest letter or graphic element of the sign. Where the Department determines this standard is impractical to apply in the field, a sign located more than fifty (50) feet from the nearest public right-of-way line and not legible to a person of normal vision standing at that right-of-way line shall be deemed to satisfy this standard. 13. Street Addresses. Display of street address numbers or building identification numbers required or authorized by the Town or applicable addressing authority. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 13 of 26 14. Traffic Control Signs. Traffic control signs on public or private property, including parking lot stop signs, provided they conform to the Manual of Uniform Traffic Control Devices (MUTCD) and do not contain any commercial message or logo. 15. Vehicle Signs. Signs on properly licensed vehicles actively used to transport persons or property, where the vehicle is not permanently stationed or regularly parked on the premises so as to function as a stationary display. A vehicle shall be presumed to function as a stationary display if it remains in the same location on the premises for more than seventy-two (72) consecutive hours. 16. Wall and Name Plates. Wall or name plates in residential districts that do not exceed two (2) square feet. 17. Window Signs. Window signs, whether temporary or permanent, that cumulatively constitute less than twenty-five percent (25%) of the total window area on any single building facade, excluding neon-style or similarly illuminated signs. Temporary window signs shall not exceed twenty-five percent (25%) of the window area in which they are displayed. Temporary and permanent window signs shall be combined when determining compliance with the twenty-five percent (25%) limit. 18. Yard Signs. Temporary, non-illuminated yard signs that do not exceed: a. Thirty-two (32) square feet in sign display area and seven (7) feet in sign height in nonresidential zoning districts; or b. Sixteen (16) square feet in sign display area and six (6) feet in sign height in residential zoning districts. Yard signs shall not be located in any public right-of-way. Yard signs shall be removed within seven (7) days following the conclusion of the event, election, promotion, or purpose for which they were displayed. Yard signs that remain beyond this period shall be subject to removal and enforcement under §1.16. § 11.10 PROHIBITED SIGNS A. The following signs shall not be permitted, installed, or maintained in the Town of Estes Park: 1. Abandoned Signs. Abandoned on-premises signs, including any sign that identifies, advertises, or relates to a business, use, or activity that no longer occupies or operates on the property where the sign is located. 2. Beacon Signs and Displays. Beacon signs, searchlights, laser displays, or any high-intensity light beam directed into the sky or toward any public right-of-way for advertising or attention-attracting purposes. 3. Billboard Signs. Billboard signs, meaning off-premises signs, whether freestanding or wall-mounted. 4. Electronic Message Centers- New Installations. 5. Feather Flag Signs. Feather flag signs, except as temporarily authorized by the Department. 6. Natural Feature Signs. Signs painted, attached, or affixed to trees, rocks, boulders, or other natural features. 7. Obscene Signs. Signs whose expressive content is not protected by the First Amendment to the United States Constitution or the Colorado Constitution, including signs containing obscenity as interpreted by federal or state courts. 8. Off-Premises Signs in Public Right-of-Way. Off-premises signs located within any public right-of-way, whether temporary or permanent. 9. Pole Signs- New Installations. New pole signs, meaning freestanding signs supported by one or more poles, posts, or similar supports, where the base structure does not meet the monument sign base DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 14 of 26 standard established in §11.13.A.5. Legally nonconforming pole signs in existence as of [adoption date] may be maintained but shall not be expanded, relocated, or reconstructed if damaged beyond fifty percent (50%) of replacement value. 10. Portable Signs. A portable sign is any sign not permanently affixed to the ground, a building, or another structure, and that is designed or constructed to be readily moved or relocated, including but not limited to A-frame or sandwich-board signs, signs mounted on wheeled frames or trailers, balloon or inflatable signs, and signs displayed on or attached to a vehicle parked primarily for advertising rather than transportation purposes. 11. Revolving, Animated, or Moving Signs. Signs or sign elements that revolve, rotate, move, animate, or otherwise create the illusion of movement, except electronic message center (EMC) signs that comply with §11.13.A.3 and barber poles classified as figurative signs under §11.13.A.4. 12. Roof Signs. Signs mounted on, painted on, or affixed to the roof of any structure, or signs that extend above the roofline or parapet wall of any structure to which they are attached. For purposes of this section, the roofline means the highest point of a flat roof or mansard roof, or the eave line of a pitched roof. Signs mounted on a parapet wall shall not be deemed roof signs, provided they do not extend above the top of the parapet wall. 13. Signs Imitating Traffic Control Devices. Signs erected by any non-governmental entity that are visible from any public right-of-way and that imitate, resemble, or could reasonably be confused with a traffic sign, signal, or emergency device, including signs using red, green, or amber colors in a manner that simulates a traffic signal. 14. Signs in or Above Public Right-of-Way. Signs located within, partially within, or above any public right-of- way, whether temporary or permanent, except: a. Governmental or traffic control signs installed or authorized by a governmental entity; b. Projecting and suspended signs permitted to encroach into the right-of-way and for which a right-of- way encroachment permit has been obtained; and c. Signs authorized by the Town for special events. 15. Structurally Unsafe or Hazardous Signs. Signs that are structurally unsafe, in danger of falling, or that otherwise constitute a hazard to public safety. Such signs are subject to immediate abatement and removal under §11.7 without prior notice where an immediate threat to public safety exists. 16. Wall Signs Exceeding Wall Dimensions. Wall signs that extend vertically or horizontally beyond the dimensions of the wall upon which they are installed or mounted, including signs that project above a roofline, parapet, or building facade edge. 17. Wind Signs. Wind signs, meaning any sign or display designed or intended to move in the wind, including banners, streamers, spinners, and similar devices, except flags complying with §11.13 and pennants and festoons permitted under §11.11. § 11.11 TEMPORARY SIGNS Temporary signs shall be allowed subject to the provisions of this Section. Temporary signs shall be classified as special-event temporary signs, temporary off-premises signs, or supplemental temporary signs. All temporary signs shall comply with the setback, construction, and safety standards of this Chapter regardless of classification. A. Special-Event Temporary Signs. 1. Special-event temporary signs shall not require a separate sign permit when a Town of Estes Park special- event permit has been issued for the associated event, provided that a special-event sign plan is DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 15 of 26 submitted and approved as part of the special-event permit application. The sign plan shall include the following: a. The number, type, dimensions, and proposed locations of all temporary signs associated with the event; b. The method of installation and securing for each sign type; c. Identification of any signs proposed for placement within or adjacent to a public right-of-way; and d. Confirmation that all proposed sign locations have been approved by the property owner or applicable right-of-way authority. B. Temporary Off-Premises Signs. 1. Temporary off-premises signs associated with entities or activities not included in an approved special- event sign plan shall require a sign permit and shall comply with the following standards: a. Property Owner Authorization. Any temporary off-premises sign shall require written authorization from the owner of the property on which the sign is to be located, submitted with the permit application. b. Sign Area. Temporary off-premises signs shall be included in the calculation of total allowable sign area for the property on which they are located. c. Number. No more than one (1) temporary off-premises sign shall be permitted on each private property at any one time. No single entity shall be permitted more than five (5) temporary off- premises signs throughout the Town at any one time. d. Size. No temporary off-premises sign shall exceed thirty-two (32) square feet in sign display area or seven (7) feet in height above finished grade. e. Installation and Removal. Temporary off-premises signs shall not be installed more than seven (7) days prior to the event or activity being advertised and shall be removed within forty-eight (48) hours following the conclusion of the event or activity. Failure to remove signs within this period shall be subject to enforcement under the Enforcement section of this Chapter. f. General Standards. Temporary off-premises signs shall comply with all applicable sign standards of this Chapter, including setback, illumination, height, and prohibited sign type provisions. Temporary off-premises signs shall not be illuminated. g. Noncommercial Speech. Nothing in this subsection shall be construed to prohibit or place greater restrictions on temporary off-premises signs containing noncommercial speech than on those containing commercial speech, consistent with the Noncommercial Signage section of this Chapter. C. Pennants and Festoons. 1. Pennants and festoons shall be regulated as supplemental temporary signs and shall require a temporary sign permit. Pennants and festoons shall comply with the following standards: a. Duration. Pennants and festoons shall be permitted for a maximum of thirty (30) consecutive days per permit period. b. Frequency. No more than two (2) permit periods shall be allowed per property per calendar year. A minimum of thirty (30) days shall elapse between permit periods. c. Size. Individual pennants shall not exceed four (4) square feet per pennant. Festoon strands shall not exceed one hundred (100) linear feet per strand per property. DRA F T Created: 2026-01-31 18:38:22 [EST] (Supp. No. 35, Update 1) Page 16 of 26 d. Location. Pennants and festoons shall comply with the setback and safety standards of this Chapter and shall not be installed within any public right-of-way or so as to obstruct any sight distance triangle, pedestrian pathway, or emergency access. e. Prohibited Types. Pennants and festoons shall not incorporate any illumination, moving mechanical elements, or sign types prohibited under the Prohibited Signs section of this Chapter. § 11.12 HISTORICAL OR CULTURALLY SIGNIFICANT SIGNS A. Signs that have historical or cultural significance to the Town but do not conform to the provisions of this Chapter may be permitted by the Estes Park Board of Trustees, provided that the following regulations and procedures are followed: 1. Application for a historical or culturally significant sign is completed and submitted in the form and manner established by the Department. 2. The Board of Trustees holds a public hearing on the application in conformance with the process established in Chapter 2. 3. The Board of Trustees may approve the request, adopting findings supporting the historical or cultural significance of the sign, and may direct the Department to issue a permit for a historical or culturally significant sign. Historical sign B. Criteria to determine a finding of historical or cultural significance include, but are not limited to: nostalgic significance; character, design, or materials that represent a particular historical period; landmark recognition; and character or design that is recognizably important to one (1) or more cultures. Signs that are hand-painted directly on the surface of a building and include artistic work, in addition to a commercial message, may be eligible for a finding of cultural significance. The historical or cultural nature of the signage may be significant to society generally or, in particular, to the Estes Park community. C. To be considered under this §11.9, re-created historical or cultural signs shall be an identical replication of the original sign. § 11.13 SIGN REGULATIONS A. Sign regulations in non-residential zoning districts. The following regulations shall apply to signs in all non-residential zoning districts, including A, CD, CO, CH, O, I-1, PF, and OS. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 17 of 26 1. Total Wall Sign Display Area- Single Street Frontage. For each lot, or for an individual business on a multi- tenant lot, with frontage on only one (1) public street, the total wall sign display area shall comply with both of the following: a. Sign display area shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) square feet per lineal foot of second-story building frontage; and b. Sign display area shall not exceed two hundred fifty (250) square feet total per lot or individual business, except in the CD zoning district, where the maximum shall be one hundred fifty (150) square feet total sign display area. c. Total wall sign display area shall include the sign display area of all signs for which a permit is required under this Chapter, including any legally nonconforming signs and any off-premises directional signs on other properties that refer to the subject property or business. 2. Total Wall Sign Display Area- Multiple Street Frontages. For each lot, or for an individual business on a multi-tenant lot, with frontage on two (2) or more public streets, the total sign display area shall comply with all of the following: a. Sign display area shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) square feet per lineal foot of second-story building frontage; b. The principal street frontage shall be allocated two hundred fifty (250) square feet of total sign display area; c. Each additional street frontage shall be allocated one hundred twenty-five (125) square feet of sign display area; and d. Signage shall be oriented to and primarily visible from the respective street frontage to which the sign display area is allocated. e. Total wall sign display area shall include the sign display area of all signs for which a permit is required under this Chapter, including any legally nonconforming signs. 3. Electronic Message Centers (EMCs)- On-Premises. Number and type of signs permitted. a. Notwithstanding any other provision of this chapter, the following limitations shall apply to on-premises EMCs. b. No more than one (1) on-premises EMC sign shall be allowed per lot or parcel on which the sign is located. This limitation shall apply without regard to the number of businesses or tenants occupying the property or the property's number of street frontages. This limitation shall not prevent the installation of both an EMC and a fuel price digit on the same property or frontage for service stations. c. No on-premises EMC shall be installed or used as: i. A temporary sign; ii. A portable sign; iii. A projecting sign; iv. A suspended sign. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 18 of 26 d. An on-premises EMC sign shall have a frame hold time of no less than eight (8) seconds per static graphic display, and the total number of transitions from one (1) frame to another shall not exceed seven and one-half (7.5) in any given one-minute period. e. The following illumination standards shall apply to all EMCs: i. No electronic message center sign installed after [February 23, 2018, the effective date 1] shall be permitted to operate unless it is equipped with: ii. A default mechanism that will freeze the sign display in one (1) position as a static message if a malfunction occurs; and iii. A mechanism that will automatically adjust the illuminative brightness of the display according to ambient light conditions by means of a light detector/photocell. iv. Electronic message center sign installed after [effective date of Ordinance] shall not exceed four thousand (4,000) nits when measured from the sign's face at its maximum brightness during daylight hours and four hundred (400) nits when measured from the sign's face at its maximum brightness between dusk and dawn. The Town shall have the right to view the programmed specifications of the sign to determine compliance. Conformity with these illumination levels may be established by the submission of a manufacturer's certification that the sign is incapable of exceeding the stated limits, subject to the Department's approval. f. The following operational standards shall apply to all EMCs: i. Entrance and exit effects may be used to transition from one (1) static display to another, provided said entrance effects result in all of the text within the frame appearing at once. ii. Fading and dissolving transition effects may be used, provided the fade or dissolve effect results in all of the text within the frame appearing at once. Entrance and exit effects where all of the text within the frame does not appear at once are prohibited (including, but not limited to, scrolling from left to right, scrolling from top to bottom, and entrance effects referred to as slot machine, slots, splice, mesh, radar, kaleidoscope, and spin). iii. Except for the transition effects permitted herein, each frame shall remain static with no additional frame or hold effects applied to text within the frame (including, but not limited to, the fading or flashing on any part of the message and hold effects referred to as flash, spin, twinkle, wavy, and rumble). iv. The use of background animation shall be prohibited. v. The use of streaming video or full-motion video on any EMC sign shall be prohibited. 4. Figurative Signs. a. Definition. A figurative sign is a three-dimensional sculptural or artistic element that represents a recognizable object, figure, animal, or symbol and functions to identify a business or to communicate a commercial message through its form rather than through text or traditional graphic display. 1 DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 19 of 26 Figurative signs include but are not limited to barber poles, large-scale product replicas, mascot figures, and similar three-dimensional identifying elements. b. Number. One (1) figurative sign shall be permitted per business or building tenant. c. Size. No figurative sign shall exceed: i. Twenty (20) square feet in cross-sectional area as measured from the most visually prominent face or profile of the sign; and ii. Eight (8) feet in height above finished grade, or the height of the roofline of the structure to which it is attached, whichever is less. d. Sign Area Calculation. Figurative signs shall be counted toward the property's total sign display area. The sign display area for a figurative sign shall be calculated based on the area of the smallest rectangle enclosing the most visually prominent face or profile of the sign. e. Location. Figurative signs may be: i. Freestanding on private property subject to the setback standards of this Chapter; ii. Wall-mounted, provided the sign does not extend above the roofline or beyond the edges of the wall to which it is attached; or iii. Roof-mounted only where the figurative sign is an integral architectural element of the building and does not exceed the height limits of this section. f. Illumination. Figurative signs may be illuminated subject to the illumination standards of this Chapter. Internally illuminated figurative signs shall not exceed 4,000 K. Externally illuminated figurative signs shall not exceed 3,000 K and shall be shielded so that the light source is not directly visible from any public right-of-way or residential property. g. Movement. Figurative signs shall be static and shall not rotate, revolve, animate, or move, except as expressly permitted for barber poles under subsection (8) below. h. Barber Poles. A barber pole, whether revolving or stationary, shall be classified as a figurative sign and shall be permitted as an accessory to a licensed barbershop or salon. A revolving barber pole shall be exempt from the prohibition on revolving signs in the Prohibited Signs section of this Chapter, provided: i. The barber pole does not exceed eight (8) inches in diameter and five (5) feet in height above the point of mounting; and ii. The barber pole is mounted flush to the building facade and does not project more than twelve (12) inches from the face of the building. i. Permitted Districts. Figurative signs are permitted in all non-residential zoning districts, including A, CD, CO, CH, O, I-1, PF, and OS. 5. Freestanding Signs. a. Number. One (1) freestanding sign shall be permitted per property, irrespective of the number of individual businesses or tenants on the property. For purposes of this subsection, the term "property" means a single functional development site with common circulation and off-street parking, if present, irrespective of the number of recorded lots, parcels, deeds, or similar instruments comprising the site. b. Size. Freestanding signs shall not exceed one hundred twenty (120) square feet in sign display area. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 20 of 26 c. Setback. Freestanding signs shall maintain a minimum setback of five (5) feet from all property lines and shall not be located within any easement. d. Height. Freestanding signs shall not exceed twenty-five (25) feet in sign height. e. Base Requirement. All freestanding signs shall have a solid base with a length at finished grade equal to at least seventy percent (70%) of the maximum sign length, measured parallel to the widest horizontal dimension of the sign face. The base shall be constructed of stone, wood, or masonry that is consistent with and complements the design of the sign. A scaled elevation drawing demonstrating compliance with this standard shall be submitted with the permit application. f. Multiple Street Frontages. For properties with more than one (1) public street frontage, the principal street frontage shall be allocated one (1) freestanding sign meeting the size, height, and setback standards of subsections (2) through (5) above. In addition: i. One (1) additional freestanding sign shall be permitted per each additional street frontage; ii. Each additional freestanding sign shall not exceed forty-five (45) square feet in sign display area; iii. Each additional freestanding sign shall maintain a minimum setback of five (5) feet from all property lines; and iv. Each additional freestanding sign shall not exceed twelve (12) feet in sign height. g. Corner Lots. A property with a corner location, meaning frontage at the point of intersection of two (2) or more public streets, may elect to combine its principal and secondary street sign area allocations into a single corner freestanding sign with a total sign display area not exceeding one hundred eighty (180) square feet, measured in accordance with the sign display area definition for multi-faced signs, provided: i. The sign is a two-faced sign oriented diagonally so as to be equally visible from both streets; ii. The sign maintains a minimum setback of five (5) feet from the nearest right-of-way; and iii. The sign does not obstruct sight lines for vehicular traffic from any direction. Figure 11-1 6. Neon-Style Signs. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 21 of 26 a. Neon-style signs shall be counted toward, and may comprise no more than twenty-five percent (25%) of, the total sign display area for the property. b. No individual neon-style sign shall exceed eight (8) square feet in sign display area. c. No more than two (2) neon-style signs shall be permitted per business. d. Neon-style signs shall remain static with no additional effects, including but not limited to fading, flashing, blinking, twinkling, waving, or rumbling. e. Neon-style signs are permitted only in non-residential zoning districts. Figure 11-2 7. Off-Premises Signs. a. Number. One (1) off-premises sign shall be permitted per lot, or per business in the case of multi- tenant lots, to which the off-premises sign refers, provided that written consent of the property owner on which the sign is to be located is obtained prior to installation. Off-premises signs shall be included in the total sign display area calculation for the property on which they are located. b. Size and Height. Each off-premises sign shall not exceed twenty-four (24) square feet in sign display area and shall not exceed sixteen (16) feet in sign height. 8. On-Premises Directional Signs. a. Number. The total number of on-premises directional signs per lot or business shall not be limited and shall not be counted toward the total sign display area allocation for the property. b. Commercial Messaging. On-premises directional signs shall serve a navigational function only and shall not contain commercial advertising, promotional messaging, or pricing information, consistent with the On-Premises Directional Signs section of this Chapter. c. Size. No individual on-premises directional sign shall exceed six (6) square feet in sign display area. d. Height. No individual on-premises directional sign shall exceed seven (7) feet in sign height. 9. Projecting and Suspended Signs. a. Number. One (1) projecting or suspended sign per business or building tenant shall be permitted. b. Size. Projecting and suspended signs shall not exceed eight (8) square feet in sign display area. c. Projection. Projecting and suspended signs shall not extend more than four (4) feet from the face of the building to which they are attached. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 22 of 26 d. Clearance. Projecting and suspended signs shall provide a minimum vertical clearance of eight (8) feet above finished grade to the bottom of the sign. e. Right-of-Way Encroachment. A projecting or suspended sign may encroach into a public right-of-way only when a right-of-way permit or encroachment agreement has been issued by the Town prior to installation. Figure 11-3 B. Sign regulations for Multi-Family Development (RM, MU, R-2, and A-1). 1. Multi-Family Residential and Townhouse Developments. a. The following standards apply to properties used for multi-family residential buildings or townhouse structures: i. Number. One (1) monument or wall sign per street frontage shall be permitted. ii. Size. Each sign shall not exceed twenty-four (24) square feet in sign display area. iii. Height. Monument signs shall not exceed five (5) feet in sign height. iv. Setback. Monument signs shall be set back at least five (5) feet from all property lines. v. Corner Lots and Multiple Street Frontages. For properties with more than one (1) street frontage, a two-faced monument sign oriented diagonally so as to be equally visible from each right-of-way shall be permitted in lieu of individual signs per frontage, provided: a) The sign meets the size and height standards of subsections (2) and (3) above; b) The sign display area is calculated in accordance with the definition of sign display area for multi-faced signs; and c) The sign maintains a minimum setback of five (5) feet from the nearest right- of-way. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 23 of 26 vi. Directory and Directional Signs. Multi-family residential developments of twenty (20) or more units shall be permitted the following additional signage, not counted toward the total sign display area: a) One (1) directory sign per primary building entrance, not to exceed twelve (12) square feet in sign display area and five (5) feet in sign height; and b) On-premises directional signs as needed for internal circulation, not to exceed four (4) square feet per sign and four (4) feet in sign height, subject to the navigational function requirement of this Chapter. 2. Nonconforming Businesses in Residential Zoning Districts. a. Where a lawfully established nonconforming commercial or institutional use occupies property within a residential zoning district, signage for such use shall be permitted as follows: i. Applicable Standards. Nonconforming businesses in residential zoning districts shall be permitted signage in accordance with the non-residential sign standards of this Chapter applicable to the most comparable non-residential zoning district, as determined by the Department, subject to the size reductions in subsection (2) below. ii. Size Reduction. Total sign display area for a nonconforming business in a residential zoning district shall not exceed fifty percent (50%) of the maximum total sign display area that would otherwise be permitted for the same use in a non-residential zoning district. iii. Illumination. Illuminated signs for nonconforming businesses in residential zoning districts shall comply with the illumination standards of this Chapter and shall be extinguished no later than the close of business or 10:00 PM, whichever is earlier. iv. Character. Signs for nonconforming businesses in residential zoning districts shall be designed to be compatible with the surrounding neighborhood's residential character, using materials, colors, and lettering styles consistent with that context. 3. Subdivision Identification Signs. a. The following standards apply to subdivision identification signs for both residential and non- residential subdivisions: i. Residential Subdivisions. a) Applicability. One (1) monument subdivision identification sign per development entrance shall be permitted for residential subdivisions consisting of more than four (4) residential units. b) Size. Each sign shall not exceed twenty-four (24) square feet in sign display area. c) Height. Each sign shall not exceed five (5) feet in sign height. d) Setback. Each sign shall be set back at least five (5) feet from any property line, except where the sign is designed and constructed as an integral part of an entranceway architectural feature such as a gate, decorative wall, archway, or similar element, in which case the sign shall comply with the setback applicable to the entranceway structure. e) Content. Subdivision identification signs shall display only the name of the subdivision or development and shall not contain commercial advertising, pricing, or promotional messaging. DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 24 of 26 f) Illumination. Subdivision identification signs may be externally illuminated, subject to the illumination standards of this Chapter. Internally illuminated subdivision identification signs shall not be permitted. ii. Non-Residential Subdivisions. a) Applicability. One (1) monument identification sign per development entrance shall be permitted for non-residential subdivisions or planned developments. b) Size. Each sign shall not exceed forty-eight (48) square feet in sign display area. c) Height. Each sign shall not exceed six (6) feet in sign height. d) Setback. Each sign shall be set back at least five (5) feet from any property line, except where designed as an integral part of an entranceway architectural feature as described in subsection (1)(d) above. e) Directory. Non-residential subdivisions with five (5) or more tenant businesses or lots may install one (1) directory sign per primary entrance in addition to the identification sign, not to exceed thirty-two (32) square feet in sign display area and six (6) feet in sign height. f) Illumination. Non-residential subdivision identification and directory signs may be illuminated subject to the illumination standards of this Chapter. C. Sign regulations in Single-Family residential zones (R-1, R, E-1, E, RE). 1. General Standards. a. Total Allowable Sign Area. The maximum total sign display area for any single-family residential lot shall not exceed nine (9) square feet, excluding exempt signs permitted under the Exempt Signs section of this Chapter. b. Illumination. Illuminated signs are not permitted on properties within single-family residential zoning districts, except as expressly provided in this section. c. Prohibited Sign Types. All sign types prohibited under the Prohibited Signs section of this Chapter shall apply in single-family residential zoning districts. 2. Permitted Sign Types. a. Wall Signs. One (1) non-illuminated wall sign per dwelling unit shall be permitted, subject to the following: i. The sign shall not exceed four (4) square feet in sign display area; ii. The sign shall not extend above the roofline or beyond the edges of the wall on which it is mounted; and iii. The sign shall not project more than four (4) inches from the face of the wall to which it is mounted. b. Window Signs. Non-illuminated window signs shall be permitted subject to the following: a. Window signs shall not exceed twenty-five percent (25%) of the total window area of any single facade; and b. Window signs shall be counted toward the property's total allowable sign area. c. Yard Signs. Temporary, non-illuminated yard signs shall be permitted without a sign permit, subject to the standards established in the Exempt Signs section of this Chapter, including the DRA F T Created: 2026-01-31 18:38:23 [EST] (Supp. No. 35, Update 1) Page 25 of 26 sixteen (16) square foot maximum size, six (6) foot maximum height, and seven (7) day removal requirement following the conclusion of the event or purpose for which the sign was displayed. Yard signs shall not be located within any public right-of-way. d. Home Occupation Signs. One (1) non-illuminated wall sign identifying a lawfully permitted home occupation shall be permitted, subject to the following: i. The sign shall not exceed four (4) square feet in sign display area; ii. Home occupation signs shall be counted toward the total allowable sign area for the property; and iii. The sign shall be mounted flat against the building facade and shall not project more than four (4) inches from the wall surface. e. Name and Address Plates. Non-illuminated name plates and address displays not exceeding two (2) square feet shall be permitted and shall not be counted toward the total allowable sign area for the property, consistent with the Exempt Signs of this Chapter. 3. Nonresidential Uses in Single-Family Residential Zoning Districts. Where a nonresidential use is lawfully established in a single-family residential zoning district, whether as a permitted use, a use by special review, or a legally nonconforming use, signage shall be permitted as follows: a. Permitted by Right or Special Review. Nonresidential uses permitted by right or approved through the special review process in a single-family residential zoning district, including but not limited to governmental facilities, schools, places of worship, and parks, shall be permitted the following signage: i. Identification Sign. One (1) monument or wall identification sign per street frontage, not to exceed: a) Thirty-two (32) square feet in sign display area; and b) Five (5) fee in sign height for monument signs. ii. Directional Signs. On-premises directional signs as needed for internal circulation, not to exceed four (4) square feet per sign and four (4) feet in sign height, not counted toward total sign display area. iii. Directory Sign. For facilities with multiple programs, departments, or uses, one (1) directory sign per primary entrance, not to exceed twelve (12) square feet in sign display area and five (5) feet in sign height. b. Legally Nonconforming Commercial Uses. Legally nonconforming commercial uses in single- family residential zoning districts shall be permitted signage in accordance with Section B of the Multi-Family and Residential Sign Regulations of this Chapter, governing nonconforming businesses in residential zoning districts. c. Temporary Uses. Signs for temporary uses approved through the temporary use permit process shall be governed by the Temporary Signs section of this Chapter and the conditions of the temporary use permit. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 26 of 26 DRA F T Estes Park, Colorado, Development Code CHAPTER 12. WIRELESS COMMUNICATION FACILITIES Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 1 of 15 CHAPTER 12. WIRELESS COMMUNICATION FACILITIES § 12.1 INTENT AND PURPOSE In order to accommodate the communication needs of residents, businesses, and other stakeholders while protecting the public, health, safety, and general welfare of the community, the Town Board of Trustees finds that these regulations are necessary to: A.Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the Town with the fewest number of wireless communications facilities (WCFs) to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove WCFs; B.Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques, including but not limited to concealment design techniques and undergrounding of WCFs and the equipment associated therewith; C.Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs; D.Encourage the use of wall-mounted panel antennas; E.Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible; F.Encourage the location of towers in non-residential locations in a manner that minimizes the total number of towers needed throughout the community; G.Encourage, strongly, the collocation of WCFs on new and existing sites; H.Encourage owners and users of antennas and towers to locate them, to the extent possible, in locations where the adverse impact on the community is minimized; I.Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently; J.Effectively manage WCFs in the right-of-way; and K.Manage amateur radio facilities and over-the-air devices in the Town. § 12.2 DEFINITIONS A.Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that, where technically feasible, conceal the presence of WCFs to make them architecturally compatible with the surrounding area pursuant to this Chapter. A stand-alone pole in the right-of-way that accommodates small cell facilities is considered an alternative tower structure provided it meets the concealment standards of this Chapter. Alternative tower structures are not considered towers for the purposes of this Chapter. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 2 of 15 B. Antenna means any device used to transmit and/or receive radio or electromagnetic waves, such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations. This definition includes exterior apparatus designed for telephone, radio, or television communications by sending and/or receiving wireless communication signals. C. Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station does include, without limitation: 1. Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town under this Code, and has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and 2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the Town under this Code, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. 3. The definition of "base station" does not include any structure that, at the time the relevant application is filed with the Town, does not support or house equipment described in paragraphs (1) and (2) above. D. Camouflage or camouflage design techniques means measures used in the design and siting of wireless communication facilities so as to minimize or eliminate the visual impact of such facilities on surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure, such as a cupola, or (ii) is integrated in an outdoor fixture, such as a flagpole, while still appearing to some extent as a WCF. This definition does not include the use of concealment design elements to make a facility appear to be anything other than a wireless tower or base station. E. Collocation: 1. For the purposes of Eligible Facilities Requests, means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 2. For the purposes of facilities subject to shot clocks governed by 47 U.S.C. Sec. 332, means attachment of facilities to existing structures, regardless of whether the structure or location has previously been zoned for wireless facilities. F. Concealment means the utilization of elements of stealth design in a facility so that the facility looks to be something other than a wireless tower or base station. Language such as "stealth," "camouflage," or similar in any permit or other document required by this Code is included in this definition to the extent such permit or other document reflects an intent at the time of approval to condition the site's approval on a design that looks like something else. Concealment can further include a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree), or is incorporated into (including without limitation, being attached to the exterior of such facility and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 3 of 15 merely minimize visual impact but do not incorporate concealment design elements to make the facility appear to be something other than a wireless tower or base station. G. Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment. H. Eligible support structure means any tower or base station as defined in this Section, provided that it is existing at the time the relevant application is filed with the Town under this Section. I. Equipment cabinet means a cabinet or building used to house equipment used by telecommunication providers at a wireless communications facility. This definition does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted behind antennas, if they are not used as physical containers for smaller, distinct devices. J. Existing tower or base station means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built, for example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition. K. FAA means the Federal Aviation Administration. L. FCC means the Federal Communications Commission. M. Microcell means a small wireless facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, that is no more than eleven (11) inches in length. N. OTARD means an over-the-air receiving device. O. OTARD antenna means (i) an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or (ii) an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television broadcast signals. P. OTARD antenna structure means any pole, tower, or other structure designed and intended to support an OTARD antenna. Q. Related accessory equipment means the transmission equipment customarily used with, and incidental to, WCF antennas, including, by way of example, coaxial or fiber-optic cable, regular and backup power supply, and remote radio units. R. Right-of-way, as used within this Chapter, means any public street or road that is dedicated to public use for vehicular traffic within Town limits, except for those rights-of-way owned by the Colorado Department of Transportation. S. Site, in the context of this Chapter, for towers and eligible support structures, means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. For alternative tower structures, base stations, and small cell facilities in the right-of-way, a site is further restricted to that area comprising the base of the structure and to other related accessory equipment already installed on the ground. T. Small cell facility means a WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 4 of 15 equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, backup power systems, grounding equipment, wiring, power transfer switch, and cut-off switch. U. Substantial change means a modification that substantially changes the physical dimensions of an eligible support structure, if, after the modification, the structure meets any of the following criteria: 1. For towers other than alternative tower structures, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; 2. For towers, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; 3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case-by-case basis based on the location of the eligible support structure but not to exceed four (4) cabinets per application; or for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; 4. For any eligible support structure, it entails any excavation or deployment outside the current site; 5. For any eligible support structure, it would defeat the concealment elements of the eligible support structure by causing a reasonable person to view the structure's intended stealth design as no longer effective; or 6. For any eligible support structure, it does not comply with record evidence of conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (1), (2), and (3) of this definition. V. Tower means any structure that is designed and constructed primarily for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and the like. Alternative tower structures are not considered towers for the purposes of this Chapter. W. Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, and regular and backup power supply. The term includes equipment associated with wireless DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 5 of 15 communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed and fixed wireless services, such as microwave backhaul. X. Wireless communications facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF includes an antenna or antennas, including, without limitation, direction, omnidirectional, and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only, and that is otherwise permitted under other provisions of the Code. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Section. § 12.3 APPLICABILITY A. The requirements set forth in this Chapter shall apply to all WCF applications for base stations, alternative tower structures, alternative tower structures in the right-of-way, towers, microcells, and small cells as defined in this Chapter. The Decision-Making Body shall have the authority to waive any requirement, standard, or process set forth in this Code if the Department or Decision-Making Body makes a determination that the specific requirement, standard, or process is preempted by federal or state law. Prior to applying the waiver to any pending application, the Decision-Making Body shall make a written preemption determination, which shall identify the specific requirement, standard, or process that is being waived and cite to the specific federal or state law provision that preempts the specific Town requirement, standard, or process set forth in this Code. B. The requirements set forth in this Section shall not apply to: 1. Amateur radio antenna, OTARD, and residential television reception/antenna towers except as provided in Operational Standards, §12.4 below. 2. Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Chapter shall not be required to meet the requirements of this Chapter, other than the requirements of §12.4. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this Chapter. Notwithstanding the foregoing, any modifications qualifying as an Eligible Facilities Request shall be evaluated under §12.6(b). 3. Miscellaneous antennas. Antennas used for the non-commercial reception of television, multi-channel video programming, and radio, such as OTARD antennas, television broadcast band antennas, and broadcast radio antennas, provided they meet any applicable requirements related to accessory uses contained in this Code and the requirement that the height shall be equal to or less than the distance from the base to the property line (see Figure 12-1), measured horizontally on the ground plane. The Department has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if, in the reasonable discretion of the Department, modifications are necessary to comply with federal law. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 6 of 15 Figure 12-1 § 12.4 OPERATIONAL STANDARDS A. Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owner of the WCF governed by this Section shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense. B. Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the Town, to demonstrate compliance, the Town may request, and the owner or operator of the WCF shall submit a project implementation report that provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to subsection (f) below. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator. C. Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone, and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The Applicant shall provide a written statement ("Signal Interference Letter") from a qualified radio frequency engineer certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 7 of 15 D. Legal Access. In all Applications for WCFs outside of the right-of-way, an Applicant must warrant and represent that it owns or has lease rights to the site. Where an Applicant wishes to attach to a facility owned and operated by the Power and Communications Department of the Town, the Applicant shall enter into an attachment agreement with the Power and Communications Department. E. Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes and applicable Power and Communications Department regulations. If, upon inspection, the Town concludes that a WCF fails to comply with such codes, procedures, standards, and regulations and constitutes a danger to persons, property, or the environment, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town's Chief Building Official may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense. If the WCF poses an immediate danger to persons, property, or the environment, the Town may order the WCF to be deactivated or removed immediately. The Town will provide the Applicant with notice of such immediate deactivation or removal as soon as practicable. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials. These requirements and remedies are cumulative and additional to all other applicable requirements and remedies. F. Abandonment and Removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re-use is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty (30) days of receipt of written notice from the Town. If such WCF is not removed within said thirty (30) days, the Town may remove it at the owner's expense, and any approved permits for the WCF shall be deemed to have expired. In addition to the remedies described above, abandoned WCFs are declared to be a nuisance under Title 8 of the Estes Park Municipal Code, including under Sections 8.01.010, 8.04.040, and 8.04.050, and may be removed, abated, or disposed of, and costs assessed, as provided therein. § 12.5 DESIGN STANDARDS A. The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section as specified below; provided, however, that the Decision-Making Body may waive these requirements if it determines that the goals of this Section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the Town, consistent with other provisions of this Code. B. Camouflage/Concealment. All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques, including but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options, in order to blend the WCF into the surrounding natural setting and built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels. 1. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). Should the Decision-Making Body determine that WCFs are located in areas of high visibility, it may DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 8 of 15 condition its approval to require the WCFs to (where possible) be designed (e.g., camouflaged, placed underground, depressed, or located behind earth berms) to minimize their profile. 2. The camouflage design may include the use of alternative tower structures should the Decision-Making Body determine that such a design meets the intent of this Code, and other camouflage is either infeasible or would be less effective at minimizing the noticeability of the WCF. 3. The visible exterior surfaces of all WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures, shall be constructed out of non-reflective materials. C. Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials. D. Siting. 1. No portion of any WCF may extend beyond the property line. 2. All WCFs (except for WCFs in the Public Right-of-Way) shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building) or wall-mounted. Flat-roof mounted facilities visible from ground level within one hundred (100) feet of said property line shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe, or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as a chimney or a ventilation pipe. 3. Collocation. WCFs shall be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF, unless the Applicant demonstrates that this is infeasible based upon construction, engineering, and design standards, or the Decision-Making Body approves an alternative design that meets the purpose of such standards and results in an aesthetic improvement over a strict interpretation of the standards. 4. No WCF owner or operator shall unreasonably exclude a competitor from using the same facility or location. Upon request by the Department, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site. 5. No WCF may be established within one-hundred (100) feet of any existing, legally established WCF except when collocated pursuant to this section, or located on the same building or structure. 6. WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards. 7. WCFs shall be compatible with surrounding topography, vegetation, tree coverage, and the surrounding built environment, and shall use existing landforms, vegetation, and structures to aid in screening the facility from view. 8. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential zoning district boundaries and minimizes visual impacts to adjacent residential properties. E. Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or unless the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Applicant shall present the available lighting alternatives and may use only the design that would cause the least disturbance to the surrounding views, as determined by the Decision- Making Body. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences, in accordance with §6.8 of this Code. F. Landscaping and Fencing Requirements. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 9 of 15 1. WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel below Code standards. 2. WCFs shall be landscaped with a buffer of plant materials that screens the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site. Where the Decision-Making Body requires the Applicant to include additional landscaping, it may also require irrigation for the landscaping. Landscaping shall comply with§6.3 of this Code, including the option of alternatives as provided in §6.3.C.2. 3. Where fencing is required by the Decision-Making Body, the fencing material shall comply with §6.1.H of this Code. 4. Notwithstanding provisions in §6.3 of this Code, in locations where the Decision-Making Body determines that the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the Decision-Making Body. G. Noise. Noise generated on the site must not exceed the levels permitted in the Town Municipal Code, except that a WCF owner or operator shall be permitted to exceed Town Municipal Code noise standards for a reasonable period of time during repairs, not to exceed two (2) hours without prior authorization from the Town Administrator or designee. H. Signage is prohibited on all WCFs and wireless support structures, including stickers, logos, and other non- essential graphics and information, unless required by the FCC or other applicable governmental authority. An exception is a small placard, no more than 1 sq ft, identifying the service provider and the 24-hour contact number. I. Adjacent to Residential Uses. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential zoning district boundaries. When placed near residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among abutting properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two (2) intersecting streets. If these requirements are not reasonably feasible from a construction, engineering, or design perspective, the Applicant may submit a written statement to the Department requesting the WCF be exempt from these requirements. The Decision-Making Body may approve the waiver request and may impose conditions on said approval as may be necessary to minimize deviations from the foregoing standards. J. Additional design requirements shall be applicable to the various types of WCFs as specified below: 1. Base Stations. a. Such facilities shall be architecturally compatible with respect to attachments and colored to match or blend with the building or structure to which they are attached. b. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be six (6) feet. c. Wall-mounted WCFs shall not extend above the roof's highest point above grade unless mounted to a penthouse. d. Roof-mounted WCFs shall be approved only where an Applicant demonstrates that a wall-mounted WCF is inadequate to provide service. e. Roof-mounted antennas shall extend no more than twelve (12) feet above the parapet of any flat roof or the highest point above grade of a sloped roof or penthouse to which they are attached. f. Roof-mounted panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or the highest point above grade of a sloped roof or penthouse to which they are mounted. g. Other roof-mounted transmission equipment shall extend no more than ten (10) feet above any parapet of a flat roof upon which they may be placed and shall not be permitted on a sloped roof. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 10 of 15 h. Any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns and may, where appropriate, require a flush-to-grade underground equipment vault. 2. Alternative Tower Structures not in the Right-of-Way. a. Alternative tower structures shall be architecturally compatible with the surrounding area, including in terms of scale, massing, height, setbacks, materials, and colors. b. Alternative tower structures shall be designed and constructed to look like a building, facility, or structure typically found in the area. c. Height and size of the proposed alternative tower structure shall be minimized as much as possible. d. Alternative tower structures shall be camouflaged/concealed consistent with other existing natural or manmade features in and near the location where the structure will be located. e. The design of the site shall be compatible with the surrounding built environment, with particular reference to design characteristics that reduce or eliminate visual obtrusiveness. f. Equipment enclosures shall be located out of view as much as practicable. g. Impact on the surrounding area of the proposed ingress and egress, if any, shall be minimized as much as possible. 3. Alternative Tower Structures in the Right-of-Way. Alternative tower structures in the right-of-way shall meet all design criteria for alternative tower structures not in the right-of-way, plus the following additional criteria: a. Pole-mounted components of such structures shall be located on or within an existing utility pole serving another utility, or be located on or within a new utility pole where other utility distribution lines are aerial. If there are no reasonable alternatives, the Applicant is authorized to construct the new utility poles; b. Any new utility pole shall be generally consistent in height, scale, design, color, and overall character with existing poles and streetscape elements in the surrounding area, particularly within districts containing historic-style lighting or design features. c. To the extent reasonably feasible, the alternative tower structure shall be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure; d. The alternative tower structure shall be designed and sized to minimize the negative aesthetic impacts to the right-of-way; e. Alternative tower structures shall be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, visibility, and function of the signal will not be considerably altered; f. Any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Decision-Making Body, and may, where appropriate and reasonably feasible based upon technical, construction, and engineering requirements, require a flush-to-grade underground equipment vault; and g. The alternative tower structure must not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. The alternative tower structure must comply with the Americans with Disabilities Act and all applicable local, state, and federal laws and regulations. No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the Town, the general public, or any other DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 11 of 15 person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, creates interference with public utilities, or presents a hazard to public health, safety, or welfare. h. The alternative tower structure shall not be more than ten (10) feet higher (as measured from the ground to the top of the pole) than any tallest existing utility pole or traffic signal within one thousand (1,000) feet of the pole or structure; i. Any such alternative tower structure shall in no case be higher than forty (40) feet from grade, unless such pole is already existing at a greater height. Existing poles greater than forty (40) feet from grade shall not be modified to extend beyond zoning district height limitations or extended by more than fifteen (15) percent of their original height, whichever is shorter. j. Any transmission equipment placed on an existing alternative tower structure shall not extend more than five (5) feet above the top of such pole; k. No freestanding WCF shall be within three hundred (300) feet of another freestanding WCF in the right-of-way. These separation requirements do not apply to attachments made to existing alternative tower structures. The Decision-Making Body may exempt an Applicant from these requirements if the Applicant demonstrates the need for the WCF and cannot satisfy these requirements; and l. Collocations are strongly encouraged, and the number of poles within the rights-of-way shall be kept to a minimum. 4. Towers (excluding alternative tower structures and alternative tower structures in the right-of-way). a. Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the Town; b. Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment; c. Monopole support structures shall taper from the base to the tip in accordance with best structural engineering design and practice; d. All towers shall be enclosed by security fencing or wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device. 5. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements: a. All buildings, shelters, cabinets, and other accessory components shall be grouped as closely as technically possible; b. The total footprint coverage area of the WCF's accessory equipment shall not exceed three hundred fifty (350) square feet; c. No related accessory equipment or accessory structure shall exceed twelve (12) feet in height; d. Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed. e. Accessory equipment shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other camouflage/concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 12 of 15 § 12.6 REVIEW PROCEDURES AND REQUIREMENTS A. No new WCF shall be constructed and no Collocation or modification to any WCF may occur except after a written request from an Applicant, reviewed and approved by the Decision-Making Body in accordance with this Chapter; after execution of a license agreement and/or pole attachment agreement with the Town, if required, or other legal right or approval, to use such structure by its owner; and upon issuance of all required building permits. All work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in this Code, applicable Building Codes, Power and Communications Department Regulations, and any other applicable regulations. All WCFs except Eligible Facilities Requests, which are reviewed under subsections (B) and (E) of this Section, shall be reviewed pursuant to the following procedures. 1. Submittal Requirements. Each Applicant for a WCF shall be required to submit: a. A completed application form; b. A submittal fee; c. A Signal Interference Letter; d. An inventory of existing sites; B. A scaled site plan, photo simulation, scaled elevation view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and drainage. C. Any other information deemed necessary by the Town to determine compliance with this Section. 1. Inventory of Existing Sites. Each Applicant for a WCF shall provide to the Department a narrative and map description of the Applicant's existing or then currently proposed WCFs within the Town, and outside of the Town within one (1) mile of its boundaries. In addition, the Applicant shall inform the Town generally of the areas in which it believes WCFs may need to be located within the next three (3) years. The inventory list should identify the site name, site address, or County Parcel ID number, and a general description of the Facility (i.e., rooftop Antennas and ground-mounted equipment). This provision is not intended to require the Applicant to submit its business plan or proprietary information, or to make commitments regarding the locations of WCFs within the Town. All Applicants for WCFs are to share general information, assist in the Town's infrastructure planning process, and promote Collocation by identifying areas where WCFs could be appropriately constructed for multiple users. 2. Applications for Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Right-of-Way. In all zoning districts, applications for base stations and alternative tower structures, including those within the right-of-way, shall be reviewed by the Department for conformance with this Section and the Code using the applicable development plan review procedures set forth in this Code. 3. Applications for Towers. In all zoning districts and planned unit developments, all other towers may be permitted only as a conditional use. WCFs shall be reviewed for conformance to all applicable procedures and standards set forth in Chapters 2 and 12 of this Code. All applications for towers shall demonstrate that other alternative design options, such as base stations or alternative tower structures, are not viable options as determined by the Town. 4. Review Procedures for Eligible Facilities Requests. a. Application. In all zoning districts and planned unit developments, Eligible Facilities Requests for collocation on or modification of an existing tower or base station shall be considered a use by right, DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 13 of 15 subject to administrative review. The Town shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application is an Eligible Facilities Request. Such information may include, without limitation, whether the request: i. Would result in a substantial change; ii. Violates a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health and safety. iii. The application may not require the Applicant to demonstrate a need or business case for the proposed modification or collocation. b. Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Department shall review such application to determine whether the application so qualifies. c. Timeframe for Review. Subject to the tolling provisions of subparagraph d. Below, within sixty (60) days of the date on which an Applicant submits an application seeking approval under this Section, the Town shall approve the Eligible Facilities Request application unless it determines that the application is not covered by this subsection. e. Tolling of the Timeframe for Review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the Applicant, or in cases where the Department determines that the application is incomplete: i. To toll the timeframe for incompleteness, the Town must provide written notice to the Applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application; ii. The timeframe for review begins running again when the Applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and iii. Following a supplemental submission, the Town will notify the Applicant within ten (10) days whether the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled for second or subsequent notices pursuant to the procedures identified in subparagraph (a) above. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness. f. Failure to Act. In the event the Town fails to act on a request seeking approval of an Eligible Facilities Request under this Section within the review timeframe (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the Applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. g. Interaction with Telecommunications Act Section 332(c)(7). If the Town determines that the Applicant's request is not an Eligible Facilities Request as delineated in this Chapter, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run from the written issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the Applicant to evaluate the application under Section 332(c)(7) reviews. The Town shall identify the need for any such additional information together with the notice that the request is not an Eligible Facilities Request, and if such additional information is requested, the DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 14 of 15 reasonable time frame under Section 332(c)(7) will begin to run beginning on the date that such additional information is received by the Town. h. Procedures superseded by future federal decisions. The intent of this subsection (b) is to restate currently applicable federal requirements and not to create a redundant set of municipal requirements. Should these federal requirements materially change, by action of the FCC or a court of competent jurisdiction or in any other effective manner, such requirements shall apply and shall supersede the requirements of this subsection. i. Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the Applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six (6) months. j. Decision. Any decision to approve, approve with conditions, or deny an application for a WCF shall be in writing and supported by substantial evidence in a written record and shall be provided to the Applicant within ten (10) days of the decision. If the approval is for a concealed WCF, the written decision shall specifically identify that the WCF is a concealed facility. k. Compliance with Applicable Law. Notwithstanding the approval of an application for a new WCF or collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in Town Code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following: i. Comply with any permit or license issued by a local, state, or federal agency with jurisdiction over the WCF; ii. Comply with public easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property; iii. Be maintained in good working condition and to the standards established at the time of application approval or as otherwise required by applicable law; and iv. Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other Town-owned property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the Town. l. Compliance Report. Upon the Town's request, the Applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that, as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements, and standard regulations. § 12.7 STANDARDS FOR APPROVAL A. It is the intent of the Town to provide for approval of WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this Chapter and all applicable law. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 15 of 15 B. WCFs that are not Eligible Facilities Requests shall be evaluated for approval subject to compliance with the Design Standards of §12.5 and the following criteria: 1. No new tower shall be permitted unless the Applicant demonstrates to the reasonable satisfaction of the Town that no existing WCF can accommodate the Applicant’s proposed facility. Evidence may include: a. No existing WCF with suitable height is located within the geographic area required to meet the Applicant’s engineering requirements; b. Existing WCFs do not possess sufficient structural strength; c. Electromagnetic interference would result from collocation; or d. Other demonstrated technical limitations render existing WCFs unsuitable. e. The proposed ingress and egress to the site shall minimize impacts on surrounding properties and public infrastructure. f. The proposed facility shall comply with the height and dimensional limitations established by this Chapter and the underlying zoning district. C. Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all WCFs; provided, however, that the Decision-Making Body may reduce standard setbacks and separation requirements if the Applicant demonstrates that the goals of this Section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A Tower shall meet the greatest of the following minimum setbacks from all property lines: 1. The setback for a principal building within the applicable zoning district; 2. Twenty-five (25) percent of the facility height, including WCFs and related accessory equipment; and 3. The distance of the tower height, including antennas, to the nearest habitable structure, unless the Applicant demonstrates the Tower would collapse within a smaller distance with no impacts to surrounding habitable structures. DRA F T Estes Park, Colorado, Development Code CHAPTER 13. DEFINITIONS Estes Park, Colorado, Development Code Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 1 of 39 CHAPTER 13. DEFINITIONS § 13.1 GENERAL PROVISIONS For words, terms, and phrases used in this Code that are not defined below or elsewhere in this Code, the Department shall have the authority and power to interpret or define such words, terms, and phrases. In making such interpretations or definitions, the Department may consult secondary sources related to the planning profession, such as A Planners Dictionary (American Planning Association, Planning Advisory Service Report Number 521/522), edited by Michael Davidson and Fay Dolnick (American Planning Association, Chicago, Ill., 2003), and The Complete Illustrated Book of Development Definitions, by Harvey S. Moskowitz, Carl G. Lindbloom, David Listokin, and Richard Preiss, with legal annotations by Dwight H. Merriam (Center for Urban Policy Research, Rutgers University/Routledge, 4th ed. 2015), for technical words, terms and phrases, or Merriam-Webster's Unabridged Dictionary, as supplemented and updated online at merriam-webster.com, for other words, terms and phrases. § 13.2 USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES A.Purpose and Applicability. Use classifications to classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications provide a systematic basis for assigning present and future land uses into appropriate zoning districts. B.Uses Not Classified. Any new use, or any use that cannot be clearly determined to be in an existing use classification pursuant to the use classification procedure set forth in §4.2, shall be prohibited until and if such use is incorporated into the zoning regulations by a code text amendment, as provided by §2.4 of this Code. C.Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances, examples of specific uses that fall within the broader classification are provided. When a specific use example is provided, it should satisfy both the broader classification's general definition and, if provided, the specific use's definition. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 1.Accommodations, High-Intensity. a.General Definition: Visitor-serving facilities that provide temporary lodging in guest rooms or guest units for compensation, and with an average length of stay of less than thirty (30) days. High- intensity accommodations generally serve a larger number of guests than low-intensity accommodations. See definition of the term "guest room or unit" in §13.3 below. b.Examples: This classification includes the following types of specific uses: i.Hostel: An establishment operated, managed, or maintained under sponsorship of a nonprofit organization that holds a valid exemption from federal income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or which is licensed by and operated under the rules of Hosteling International-American Youth DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 2 of 39 Hostels, or a comparable hosteling umbrella organization approved by the appropriate governing entity. ii. Hotel/Motel: An establishment that provides temporary lodging to the general public in guest rooms and typically provides additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. iii. Recreational Vehicle (RV) Park/Campground: A tract of land under single ownership upon which two (2) or more recreational vehicles and/or campsites are located, established or maintained for public occupancy in recreational vehicles or camping units as temporary living quarters for travel, recreation or vacation purposes. iv. Resort Lodge/Cabins: A tract of land under single ownership and management with guest rooms or guest units available for temporary rental. The guest rooms may be located in a main "lodge" building and/or in detached, freestanding "cabin" structures (the latter shall not include recreational vehicles or mobile homes). 2. Accommodations, Low-Intensity. a. General Definition: Visitor-serving facilities that provide temporary lodging for compensation, and with an average length of stay of less than thirty (30) days. Such facilities are generally characterized by a design that is compatible, in terms of building scale, mass, and character, with a predominantly low-intensity and low-scale residential and/or rural setting. b. Examples: This classification includes the following types of specific uses: i. Bed and Breakfast Inn means a residential dwelling unit that is rented, leased, or occupied as a single accommodations unit for accommodations purposes for terms of less than thirty (30) days, and that is occupied on a full-time basis by the resident owner or an on-site manager (an "innkeeper") employed by the owner, in accordance with the operating requirements of Estes Park Municipal Code § 5.20.110. ii. Hotel, Small: An establishment containing no more than eight (8) guest rooms that provides temporary lodging, which may include eating and drinking service, and a dining room where meals are served. iii. Resort Lodges/Cabins, Low-Intensity: A tract of land under single ownership and management with no more than a total of twenty (20) guest rooms or guest units available for temporary rental. iv. Vacation Home: A residential dwelling unit that is rented, leased, or occupied for accommodation purposes for compensation for terms of less than thirty (30) days. 3. Adult Businesses. a. General Definition: Any facility or establishment that conducts as a principal use of the premises, or as a significant or substantial adjunct to another use of the premises, the sale, rental, display or other offering of live entertainment, dancing or material that is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as an attraction to the premises. b. Examples: Examples include, but are not limited to, the following specific types of uses: i. Adult Bookstore: Any establishment that sells or rents adult material, including but not limited to books, magazines, movies, films, slides, or other photographic or written material and/or devices. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 3 of 39 ii. Adult Cabaret, Restaurant, or other Business: A cabaret, restaurant, or place of business that features topless or bottomless dancers, waitresses, waiters, or entertainers. iii. Adult Motion Picture Theater: Any theater in which the presentation of adult material is the primary or principal attraction. 4. Animal Sales/Services. a. General Definition: Any commercial facility or establishment that conducts, as a principal use of the premises, the sale or boarding of animals, or the provision of care, treatment, or services for animals. b. Examples: This classification includes the following types of specific uses: i. Animal Boarding: Provision of shelter and care for small or large animals on a commercial basis, including overnight and extended-stay boarding. This use includes activities such as feeding, exercising, grooming, and incidental medical care. This use includes facilities commonly known as "kennels" or "pet day cares," regardless of whether stays are overnight or same-day only. ii. Animal Grooming: Provision of bathing and trimming services for small or domestic animals only, on a commercial basis. This use includes boarding of domestic animals for a maximum period of forty-eight (48) hours. iii. Animal Hospital: Establishments where small or domestic animals receive medical and surgical diagnosis and treatment. This use includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary boarding (less than 30 days) of animals is included if accessory to the hospital use. Cremation services for animals treated or deceased on-site are permitted as an accessory to the hospital use; see Animal Crematorium for standalone crematorium operations not accessory to a hospital. iv. Animal Retail Sales: Retail sales and boarding of small or domestic animals only, provided that such activities take place within an entirely enclosed building. This use includes grooming if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours. v. Animal Shows/Sales: Exhibitions of small/domestic or large animals for a maximum of seven (7) days. This use includes animal sales and overnight boarding of animals being exhibited for the duration of the show. vi. Veterinary Office: Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases. Overnight care and boarding of small or domestic animals are permitted for up to thirty (30) consecutive days if within a fully enclosed, climate-controlled facility. vii. Animal Crematorium: A facility for the cremation of deceased animals, operated as a principal use, not accessory to an Animal Hospital. 5. Artist Studio. Work space for artists and artisans, including individuals practicing one (1) of the fine arts or performing arts, or skilled in an applied art or craft. 6. Bank or Other Financial Institution. Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. This classification also includes Automated Teller Machines (ATM) located DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 4 of 39 within a fully enclosed space or building, or along an exterior building wall, intended to serve walk-up customers only. 7. Building Materials/Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, building tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments exclusively devoted to retail sales of paint and hardware, as well as activities classified under Vehicle/Equipment Sales and Service. 8. Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; staffing and employment services; management and consulting services; security services; office equipment rental and leasing (e.g., photocopy machines); commercial research; digital printing, copying, and document services; information technology and computer support services; and coworking or shared office space. 9. Catering Service. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating/Drinking Establishments.) 10. Civic, Social or Fraternal Membership Clubs, Lodges or Associations. Meeting, recreational, or social facilities of a private or nonprofit organization, primarily for use by members and their guests. This classification includes union halls, private social or recreational clubs, fraternal and veteran's organizations, and cultural or heritage associations. It does not include publicly operated or publicly funded youth centers or community centers, which are classified separately under 11. Commercial Laundry. A business that launders and dry cleans clothing and other fabric articles in bulk. Dry cleaning agencies are distinguished from commercial laundries, the latter of which perform dry cleaning on materials delivered to the premises by persons or services other than the materials' owner. See also Personal Services. 12. Commercial Recreation or Entertainment Establishments, Indoor. a. General Definition: A building or part of a building devoted to providing amusement, entertainment, or recreation for a fee, including movie theaters and theatrical spaces for dramatic, musical, or live performances; indoor arcades (video, pinball, or virtual reality); bowling alleys; health and fitness clubs; aerobic and group exercise studios; indoor climbing facilities; trampoline parks; escape rooms; and such activities as billiards and pool, other table games, and similar-scale amusements. b. Examples: This use classification includes the following specific types of uses: i. Limited Commercial Recreation or Entertainment Establishments, Indoor: Limited to the following indoor entertainment establishments only: Indoor movie theaters and theatrical space for dramatic, musical or live performances; indoor billiards, pool and other table games; and indoor carousels, but only as an accessory use to a retail establishment or food/beverage sales and only in compliance with all accessory use standards. ii. Exceptions: This classification shall not include devices for amusement and entertainment such as background music or sound systems, pool tables, coin-operated games, pinball machines, claw or prize-redemption machines, photo booths, or televisions and other audiovisual displays where such devices are clearly incidental and subordinate to the principal use of the premises. 13. Commercial Recreation or Entertainment Establishments, Outdoor. a. General Definition: Any outdoor enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, for which admission is charged, whether purchased in advance (including online) or collected on-site at the gates of the activity. Activities may take place DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 5 of 39 in a number of structures that are arranged together in an outdoor setting. Accessory uses may include concessions, restaurants, parking, caretaker's quarters, and maintenance facilities. b. Examples: This classification includes go-kart tracks, outdoor mazes, riding academies, roping arenas, equestrian boarding and riding facilities, equestrian arenas, amusement parks, golf driving ranges, miniature golf facilities, disc golf courses, zip-line and aerial adventure courses, and zoos. c. Exceptions: This use classification does not include the following: i. Concert halls, stadiums, race tracks of any kind, or other similar facilities intended to attract large crowds in excess of one thousand (1,000) persons. Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major entertainment events; ii. Shooting ranges, indoor or outdoor, which are classified separately under "Shooting Range" below; iii. Golf courses, which are classified separately under "Golf Course" below. 14. Condominium or Condominium Project: a building or buildings consisting of separate fee simple estates to an individual air space unit of a multi-unit property, together with an undivided fee simple interest in common elements, as further defined in the Colorado Common Interest Ownership Act. 15. Construction Storage Yard. A facility used for storing vehicles, equipment, and materials for the construction industry. 16. Cottage Court. A development pattern consisting of three (3) or more small, detached, or semi-detached single-family dwelling units arranged on a single lot or development parcel around a shared central open space, courtyard, or pedestrian pathway. Each cottage unit shall have its own entrance oriented toward the shared common space. Cottage courts are distinguished from standard single-family subdivisions in that the units share a common lot and common open space rather than being platted on individual fee- simple lots, and from multi-family developments in that each unit is a detached or semi-detached structure rather than a stacked or corridor-accessed building. 17. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one (1) or more of the arts or sciences. This classification includes such institutions as libraries, museums and art galleries. 18. Day Care Center. A nonresidential facility for the purpose of providing less than twenty-four-hour care for children or adults, none of whom are receiving on-site medical or psychological treatment, therapy, or counseling, but some or all of whom may be receiving on-site physical assistance with day-to-day living activities. A day care center for children is a facility required to be licensed by the State of Colorado Department of Human Services. 19. Defensible space. An area, either natural or man-made, where material that allows a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations. 20. Dog Kennel and Daycare Facility. A commercial establishment where dogs or other pet animals are boarded, housed, trained, or supervised on a temporary or daily basis for compensation, including overnight boarding kennels, doggy daycare facilities, and training facilities where animals are kept on the premises for any period of time. 21. Duplex. A residential building containing exactly two (2) dwelling units on a single lot, each with its own separate entrance, either arranged side by side and separated by a common wall, or stacked vertically on separate floors. Each unit within a duplex shall be a self-contained dwelling with an independent kitchen, bathroom, and sleeping facilities. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 6 of 39 22. Eating/Drinking Establishments. a. General Definition: Retail businesses serving prepared food or beverages for consumption on or off the premises. b. Examples: This classification includes the following types of specific uses: i. Bar/Tavern: An establishment providing or dispensing by the drink for on-site consumption of fermented malt beverages and/or malt, special malt, vinous or spirituous liquors, in which food service is limited to pre-packaged, pre-prepared, or minimally prepared items such as sandwiches, chips, pretzels, nuts, and similar light snacks not requiring a full-service commercial kitchen for on-site meal preparation (also known as a tavern). A bar/tavern may include the provision of live entertainment and/or dancing; however, a bar/tavern shall not include any adult business use. ii. Brewpub: An establishment where the brewing, fermenting, or distilling of malt, vinous, or spirituous liquors or other alcoholic beverages for consumption on or off the premises, which requires food sales. The sale of food products is permitted as an accessory use. iii. Microbrewery/microdistillery/microwinery: An establishment with no more than fifteen thousand (15,000) square feet of gross floor area in which malt, vinous, spirituous liquors are brewed, distilled, or fermented for sale and distribution. An on-premises tasting/tap room is required. The sale of food products is permitted as an accessory use . iv. Restaurant: An establishment where the principal business is the sale of food and beverages in a ready-to-consume state where fermented malt beverages, malt, special malt, and vinous and spirituous liquors may be brewed, distilled, or fermented on the premises as an accessory use. Outdoor seating or outdoor food and beverage service is permitted as an accessory component of any use listed in this classification, subject to all applicable use and development standards set forth in this Code see (§4.5). v. Tasting/tap room: A principal or accessory use associated with a micro/brewery/microdistillery/microwinery or brewery/distillery/winery at which customers may purchase the manufacturer's products and other beverages for on- or off-premises consumption. vi. Drive-Through Service: An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. 23. Emergency Health Care. A facility, whether freestanding or hospital-affiliated, providing walk-in or ambulance-transported emergency or urgent medical treatment. Patients are treated and released, or transferred to a hospital for admission; no patient may be held overnight or admitted for inpatient care at the facility. This classification includes freestanding emergency rooms and urgent care facilities. Facilities providing overnight inpatient admission are classified separately under "Hospital." 24. Entertainment Event, Major. a. General Definition: Major entertainment event uses are characterized by activities and structures that attract people to specific (often large-scale) events or shows. Activities are generally spectator- oriented. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 7 of 39 b. Examples: Examples include fairgrounds, stadiums, sports arenas, coliseums, auditoriums, and exhibition and meeting halls/areas. c. Exceptions: This use classification does not include the following: i. Exhibition and meeting areas with less than twenty thousand (20,000) square feet of total event area, which are classified as "Retail Establishments" below. ii. Meeting areas, banquet halls, and similar uses that are part of assembly uses, clubs, lodges, worship facilities, hotels, or restaurants, and are accessory to those uses, are included in the applicable use classification for the principal use (e.g., Assembly, Civic/Social/Fraternal Membership Clubs, Lodges or Associations, or the accommodations or retail establishment classification) and are not separately classified. See also §4.3 of this Code. iii. Movie theaters, which are classified under indoor commercial recreation or entertainment establishments. iv. Recreation or entertainment uses conducted on a continuous basis that are classified as indoor or outdoor commercial recreation or entertainment establishments. v. Event Facility. A building or portion of a building, outdoor area(s), and related parking that is rented, leased, or otherwise made available to individuals or groups to accommodate episodic or discrete functions involving participation by multiple individuals, including, but not limited to, weddings, banquets, anniversaries, and other similar events. Such use may include kitchen facilities for the preparation or catering of food, or the sale and/or serving of appropriately permitted alcoholic beverages for on- premises consumption. Food service occurs only during scheduled events and is not open to the general public. An event facility may be operated in conjunction with other uses, subject to all applicable provisions of this Code . 25. Family Home Day Care. A facility in the permanent residence of the provider, for the purpose of providing less than twenty-four-hour care for two (2) or more adults or children who are not related to the caregiver and none of whom are receiving on-site medical or psychological treatment, therapy, or counseling but some or all of whom may be receiving on-site physical assistance with day-to-day living activities. A family home day care for children is a facility required to be licensed by the State of Colorado Department of Human Services. 26. Food/Beverage Sales. a. General Definition: Retail sales of food and beverages for off-site preparation and consumption. Establishments at which twenty percent (20%) or more of the transactions are sales of prepared food for on-site consumption shall be classified as eating/drinking establishments. b. Examples: This classification includes, but is not limited to, the following types of specific uses: i. Convenience Store: Retail sales of food and beverage for off-site consumption, household items, newspapers and magazines, and other small convenience items typically found in establishments with long or late hours of operation. A convenience store shall have a gross floor area no larger than five thousand (5,000) square feet. This definition excludes delicatessens or other specialty food stores having a sizable amount of fresh fruits, vegetables, and fresh-cut meats. ii. Delicatessen: A retail establishment primarily engaged in the sale of specialty and prepared foods such as cured and deli meats, cheeses, salads, and sandwiches prepared on-site or off-site for consumption on or off the premises. A delicatessen may include limited seating for on-premises consumption, provided the seating remains an accessory DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 8 of 39 to the primary retail food sales function. A delicatessen that includes a full-service dining area, table service, or seating comparable to a restaurant is classified separately under "Restaurant." iii. Grocery Store. iv. Liquor Store: An establishment licensed by the State of Colorado to sell alcoholic beverages in containers, including wine, beer, and hard liquor, for consumption off- premises. 27. Funeral/Interment Service. Establishments primarily engaged in providing services involving the care, preparation, or disposition of the human dead, other than in cemeteries. Typical uses include mortuaries and mausoleums. Crematories are classified separately under "Crematory," below. 28. Crematory. An establishment providing cremation services for human or animal remains, including the operation of a cremation retort or similar equipment. A crematory operated as an accessory use to a Funeral/Interment Service establishment on the same site is subject to the same standards as a standalone crematory under this classification 29. Golf Course. A tract of land, either public or private, laid out for at least nine (9) holes of golf, and improved with trees, greens, fairways, and hazards. Golf courses may include related facilities such as clubhouses, golf schools, and driving ranges, and accessory uses such as restaurants/bars, pro shops, maintenance and storage of golf course related equipment and other related facilities. 30. Government Facilities. a. General Definition: Facilities owned and operated by a political subdivision of the State of Colorado, including special districts (e.g., hospital, recreation, sanitation, or library districts), or facilities owned and operated by the United States government (e.g., the National Park Service or Federal Bureau of Reclamation). This classification does not include "Government Offices," defined below. b. Examples: This classification includes the following types of specific uses: i. Public Safety Facilities: Facilities owned or operated by a federal, state, or local government agency for public safety and emergency services, including police, fire protection, and emergency medical and ambulance stations. Such facilities often need to be located in or near the area where the service is provided, and employees are regularly present on site. This classification does not include privately owned or operated ambulance, medical transport, or emergency response businesses, which are classified under Emergency Health Care. ii. Trail/Trail Head: A tract of land designated and used by the public for walking, hiking, biking, and/or horseback riding, including a facility for the parking of motor vehicles that provides safe access to the trail. iii. Utility, Major: Generating plants (including utility-scale solar and wind energy facilities), electrical substations, switching buildings, utility-scale battery energy storage systems, refuse collection and disposal facilities (including landfills), water reservoirs, and water or wastewater treatment plants. 31. Utility, Minor: Above- and below-ground electrical transmission lines or natural gas pipelines; flood control or drainage facilities; transportation or communications utilities, and similar facilities of public agencies or public utilities; utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, poles or cables; switch boxes; transformer boxes; cap banks; and underground water and sewer lines. Such facilities generally do not have employees on site, and the services may be provided publicly or privately. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 9 of 39 a. Exceptions: This use classification does not include wireless communications facilities, which are classified as "Wireless Telecommunications Facilities" below. 32. Government Offices. Administrative, clerical, or public-contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. 33. Group Living Facility, Large. a. General Definition: Shared living quarters for nine (9) or more individuals, without separate kitchen or bathroom facilities for each room or unit. The nine (9) or more threshold includes both residents and any on-site caretakers or staff. b. Examples: This classification includes the following types of specific uses: i. Large Group Living Facilities: Group living for nine (9) or more unrelated individuals, none of whom are receiving on-site medical or psychological treatment, therapy, or counseling, but some or all of whom may receive on-site assistance with activities of daily living (such as bathing, dressing, mobility, or meal preparation). Incidental receipt of physical, occupational, or other therapy by an individual resident, where such therapy is not the facility's primary purpose, does not, by itself, cause the facility to be classified as a Treatment Facility. Provided that the use otherwise complies with this definition and size threshold, a Large Group Living Facility includes only the following: a) A nonprofit group home for the aged, or an owner-occupied group home for the aged, as defined in §§ 30-28-115(2)(b) and 31-23-303(2)(b), C.R.S.; or b) A state-licensed group home for the developmentally disabled or persons with mental illness, as defined in §§ 30-28-115(2)(a) and (b.5) and 31-23- 301(4) and 303(2)(a) and (b.5), C.R.S. ii. Senior Care Facility: A residential care facility designed primarily for individuals aged 65 and older with no serious health problems, but who may have chronic or debilitating conditions requiring assistance with activities of daily living. Permitted services include, but are not limited to: staff-supervised meals; housekeeping and personal care; protective oversight, such as supervision of self-administered medication; and social activities. Both private and shared sleeping rooms may be provided. Hospice or end-of- life palliative care services are classified separately under "Treatment Facility," below, unless provided incidentally to an individual resident consistent with subsection (i) above. iii. Treatment Facility: Group living for nine (9) or more unrelated individuals, some or all of whom are receiving on-site medical, psychological, hospice, or dementia/memory care treatment, therapy, or counseling. The nine (9) or more threshold includes both individuals receiving treatment and those providing treatment. Provided that the use otherwise complies with this definition and size threshold, a Treatment Facility may include any of the following: a) A state-licensed group home for the developmentally disabled, as defined in §§ 30-28-115(2)(a) and 31-23-303(2)(b), C.R.S.; b) A state-licensed group home for persons with mental illness, as defined in §§ 30-28-115(2)(a) and (b.5) and 31-23-301(4) and 303(2)(a) and (b.5), C.R.S.; c) A state-licensed substance use disorder treatment or recovery residence; d) An adult day treatment facility; e) A hospice or dementia/memory care facility; or DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 10 of 39 f) A physical/mental rehabilitation home. g) Exceptions. This use classification does not include: i. Accommodations uses where the length of tenancy is typically shorter than thirty (30) days; ii. Small (eight [8] or fewer) group homes, which fall within the "Group Living Facility, Small" classification, below; iii. Nursing homes, assisted living facilities, or other uses falling within the "Senior Institutional Living" use classification; or iv. Community corrections facilities and residential reentry facilities, as defined in § 17-27-102, C.R.S., regardless of whether residents are supervised by sworn law enforcement officers or by civilian case managers. 34. Group Living Facility, Small. Shared living quarters for up to eight (8) unrelated individuals (including resident and nonresident caregivers) living together in a single dwelling unit, with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the dwelling unit. None of the residents receive on-site medical or psychological treatment, therapy, or counseling, but some or all may receive physical assistance with day-to-day living activities. Provided that the use otherwise complies with this definition and size restriction, a small group living facility includes only the following: a. A nonprofit group home for the aged, or an owner-occupied group home for the aged, as defined in §§ 30-28-115(2)(b) and 31-23-303(2)(b), C.R.S; or b. A state-licensed group home for the developmentally disabled or persons with mental illness, as defined in §§ 30-28-115(2)(a) and (b.5) and 31-23-301(4) and 303(2)(a) and (b.5), C.R.S. 35. Home ignition zone. Home Ignition Zone (HIZ) is the home and the area around it (or the structure). The HIZ takes into account both the structure's potential to ignite and the quality of the defensible space surrounding it. 36. Hospital. a. General Definition: Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes accessory facilities for outpatient treatment, offices and laboratories, helipads and ambulance or emergency medical services staging areas, and training, research, and administrative services for patients and employees. This classification also includes employee or workforce housing operated by the hospital and restricted to hospital employees and their households. b. Examples: Examples include medical centers and hospitals. c. Exceptions: This use classification does not include the following: i. Medical clinics that provide care where patients are generally not kept overnight are classified as "Office." ii. Emergency medical clinics are classified as "Emergency Health Care." iii. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in "Group Living." 37. Household Living. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 11 of 39 a. General Definition: Individuals (including resident and nonresident caregivers) living together in a single dwelling unit, with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the dwelling unit. Household living shall include occupancy by a renter household for terms of thirty (30) days or more. Refer to the definition of accommodations use for renter occupancy for terms of less than thirty (30) days. b. Examples: This classification includes households living in single-family houses, duplexes, other multi-family dwelling structures, manufactured housing, and other structures with self-contained dwelling units. 38. Industry. a. Industry, brewery/distillery/winery: An establishment in which malt, spirituous and vinous liquors are brewed, distilled or fermented for sale, distribution or consumption. Tasting/tap rooms are permitted on the premises. Tasting/tap rooms shall not exceed thirty percent (30%) of the total floor area of the facility or one thousand (1,000) square feet, whichever is greater (see Paragraph 13.2.C.17 above. b. Industry, Custom: Establishments primarily engaged in on-site production or repair of goods by hand, involving the use of hand tools and small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom care or motorcycle restoring, and other similar uses. c. Industry, General: Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck traffic and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes food processing and packaging, laundry and dry cleaning plants, small animal breeding, stonework and concrete products manufacture (including concrete ready- mix plants), and power generation. d. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. 39. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. a. Industrial Services: Firms engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Operations often include outdoor activities and storage of products, materials, equipment, or bulk fuel. Firms that service consumer goods do so primarily by providing centralized services to separate retail outlets. Few customers, especially from the general public, visit the site. Accessory activities may include offices, parking, and storage. b. Examples: Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair, storage, salvage or wrecking of heavy machinery, metal and building materials; vehicle towing; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; fuel oil distributors; solid fuel yards; uses that involve the transfer or storage of solid or liquid waste; and photofinishing laboratories. c. Industry, Limited: Manufacturing of finished parts or products, primarily from previously prepared materials, or the provision of industrial services, both within an enclosed building. This classification includes laboratories, processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 12 of 39 Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture. Limited industry uses shall not include mining and extraction industries, petrochemical industries, rubber refining, primary metal and related industries, or other noxious industrial uses. Incidental direct sale to consumers of only those goods produced on-site is permitted. d. Research and Development: Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. Uses include biotechnology, film, and nontoxic computer components. 40. Junk Vehicle and Junkyard. a. Junk Vehicle. vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled, or has all or portions of its bodywork missing or substantially damaged, or is not registered with the State of Colorado as required by § 42-3-103, C.R.S., or by § 42-12-102, C.R.S. or the number plate assigned to it is not permanently attached to the vehicle as required by § 42-3- 202, C.R.S., or is lacking proper equipment to the extent that would be unsafe or illegal to use on public road rights-of-way, or is not equipped with lamps and other equipment as required by §§ 42- 4-202 to 42-4-227, C.R.S. This definition does not include implements of husbandry, farm tractors, farm or ranch equipment, or vehicles customarily operated in a farm or ranch operation. b. Junkyard. A facility for the display, storage, collection, processing, purchase, sale, salvage, or disposal of used or scrap materials, equipment, junk vehicles, appliances, or other personal property, whether of value or valueless. Junkyard does not include the storage of implements of husbandry, farm tractors, farm or ranch equipment, or vehicles customarily operated in a farm or ranch operation. 41. Laboratory. Establishments providing medical or dental laboratory services, or establishments with less than two thousand (2,000) square feet providing photographic, analytical, or testing services. Other laboratories are classified under Industry. 42. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, as well as materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities owned by the city, public or private utilities, or other public entities. 43. Maintenance/Repair Service. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles (see vehicle/equipment repair) and excludes maintenance and repair of industrial equipment and machinery (see limited industry). 44. Manufactured Home. A factory-built dwelling unit constructed on or after June 15, 1976, in conformance with the U.S. Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards (42 U.S.C. § 5401 et seq.), built on a permanent chassis, and designed for use as a permanent dwelling. A manufactured home may be placed on a permanent foundation or on an approved support and anchoring system. As used in this Code, the term manufactured home does not include a recreational vehicle, park model unit, or mobile home. Manufactured homes are subject to all applicable state and county standards governing placement, installation, and site improvements, including Colorado's Manufactured Home Installation Standards, § 24-32-3301 et seq., C.R.S. 45. Mobile Home. A factory-built dwelling unit constructed before June 15, 1976, and therefore not constructed in conformance with the U.S. Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards (42 U.S.C. § 5401 et seq.), built on a permanent chassis, and designed for use as a permanent dwelling, whether or not currently installed on wheels or a chassis. A mobile home does not include a manufactured home, a recreational vehicle, a park model unit, or a travel trailer. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 13 of 39 46. Museum. A governmental/quasi-governmental or nonprofit institution displaying or preserving objects of interest in one or more of the following areas: artistic, scientific, cultural, educational, or intellectual. 47. Office. a. General Definition: Establishments providing executive, management, administrative, or professional services, including medical or dental services, but not involving the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, doctors, dentists, outpatient medical laboratories, architecture, design, engineering, accounting, and similar offices. b. Exceptions/Limitations: i. This classification excludes banks and other financial institutions and government offices, which are classified separately. ii. This classification includes clinics and medical/dental laboratories incidental to an office use, but excludes emergency health care and hospitals. iii. This classification includes contractors and others who perform services off-site, but only if equipment and materials are not stored on-site and only if fabrication, services or similar work is not carried on at the site. Otherwise, such use shall be classified as limited industry. 48. Outdoor Sales. A retail establishment in which the retail activity occurs predominantly in an unroofed area or in which the majority of the goods, materials or other things to be sold are displayed outdoors, including any sales under a permanent structure. 49. Park and Recreation Facilities. a. Park and Recreation Facilities—Public. Publicly owned parks, playgrounds, recreation facilities, and open spaces. Ownership is through public entities such as federal, state, county, and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b. Park and Recreation Facilities—Private. Privately owned and operated parks, playgrounds, recreation facilities, and open spaces. Golf courses are classified separately as a recreational use. 50. Park and Ride Facilities. A public parking lot designed for drivers to leave their cars/vehicles and use mass transit or car pools, which begin, terminate, or stop at the park and ride facility. 51. Personal Services. Establishments engaged in the provision of informational, instructional, personal improvement, personal care, and similar services, such as photography studios, art and music schools, massage therapy, driving schools, health and fitness studios, handicraft or hobby instruction, self-service laundromats, dry-cleaning drop-off outlets, beauty and barber shops, nail salons and day spas, tanning salons, shoe repair, and tailor/alterations shops 52. Plant Nurseries. Establishments selling plants and garden supplies in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and in which fertilizer of any type is stored and sold in package form only. 53. Primitive Campground. A campground providing minimal facilities, where campsites do not include individual utility hookups such as water, electrical, or sewer connections. Primitive campgrounds are intended for tent or hammock camping and similar non-motorized overnight uses, and are characterized by a low level of site improvement consistent with a natural or backcountry setting. 54. Private-Membership Recreational Facility or Club. A recreational facility for the exclusive use of members of the organization owning the development parcel, but not open to the general public. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 14 of 39 55. Recycling Facility. A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products. 56. Religious Assembly. A building or facility used for organized religious worship, religious education, or other religious exercise, operated by a religious congregation, organization, or institution. Typical accessory uses include, but are not limited to, day care centers, private schools, food pantries or meal service programs, community or emergency shelters, and community gardens. This classification shall be permitted and regulated on terms no less favorable than those applicable to other assembly uses of similar size and impact, consistent with the requirements of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. 57. Retail Establishments. a. General Definition: Establishments that sell, lease, or rent consumer, home, and business goods, but excluding merchandise/retail uses classified more specifically in this Section (e.g., food/beverage sales, restaurants, retail marijuana). Typical uses include department stores, furniture stores, clothing stores, and establishments providing the following products or services: antiques, art, art supplies, bicycles, clothing, dry goods, electronic equipment and accessories, fabric, furniture, garden supplies, gifts, hardware, home improvements, household products, jewelry, outdoor and recreational gear, pet food, pharmaceuticals, printed material, sporting goods, stationery; and new automotive parts and accessories (excluding service and installation). b. Retail Establishments, Large: Retail establishments that contain fifteen thousand (15,000) square feet or more of gross floor area. A grocery store or food store whose principal use is the retail sale of food and household staples for off-premise consumption is not classified as a Retail Establishment, Large unless it contains thirty thousand (30,000) square feet or more of gross floor area. 58. Retrofit Dormitory Housing. An existing motel, hotel, lodge, or similar transient lodging structure that has been converted and adaptively reused to provide dormitory-style residential accommodations. The structure retains its original building footprint and shell but is reconfigured internally to serve as long- term housing for employees, seasonal workers, or workforce housing residents. Retrofit dormitory housing shall comply with all applicable building, life safety, and housing codes for residential occupancy and shall not operate concurrently as a transient lodging facility. 59. Schools. a. Definitions: i. School: Any building or part thereof used for instructional purposes to provide elementary, secondary, post-secondary or vocational education. ii. Public school: Any elementary or secondary school under the jurisdiction of a public school district or local board of education, organized under the laws of the State of Colorado. Public schools may include charter schools and institute charter schools, as defined by the Colorado Department of Education. iii. Non-public school: Any elementary or secondary school not under the jurisdiction of a public school district or local board of education. Parochial schools are non-public schools. b. Examples: This use classification includes: i. Educational institutions at the primary, elementary, middle, junior, or high school level. Examples include daytime schools, boarding schools, and military academies. ii. Business, vocation, and trade schools (at the secondary or higher education levels). DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 15 of 39 iii. Exceptions: This use classification does not include preschools, which are classified as "Day Care Centers." 60. Mini-Storage. Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. This use classification includes quarters for one (1) or more persons employed by and residing at the mini-storage facility for on-site management and security. This classification also may include vehicle storage to a maximum of twenty percent (20%) of the site. (Where greater than twenty percent [20%] of the site is allocated to vehicle storage, the vehicle storage must be treated as a separate use.) 61. Senior Institutional Living. This classification includes the following types of uses: a. Continuing Care Retirement Facility (also called Independent Living Facility): i. An age-restricted development that is planned, designed and operated to provide a full range of accommodations and services for older adults, including independent living, congregate care housing and medical care. Dwellings include, but are not limited to, attached or detached houses, apartments, condominiums, or townhomes, offering private or semi-private rooms, and may be either rental or owner-occupied units. Such facilities may offer health care and a variety of other personal services. For a facility to qualify under this definition: ii. The ages of all occupants shall be restricted to sixty (60) years of age or older for all units, or in the alternative, at least one (1) resident in eighty percent (80%) of the units shall be fifty-five (55) years or older. b. Congregate Housing (also called Assisted Living): Specially planned, designed, and managed multi- unit rental housing with self-contained apartments. Congregate housing is designed to provide supportive environments while also accommodating a relatively independent lifestyle. A limited number of services such as meals, laundry, housekeeping, transportation, and social and recreational activities may be provided. c. Skilled Nursing Facility: A facility licensed by the State of Colorado as a nursing home and which is maintained primarily for the care and treatment of inpatients under the direction of a physician. Patients in such a facility require supportive, therapeutic, or compensating services and the availability of a licensed nurse for observation or treatment on a twenty-four-hour basis. Nursing care may include but is not limited to terminal care; extensive assistance or therapy in the activities of daily living; continual nursing assessment and services which involve assessment of the total needs of the patient, planning of patient care, and observing, monitoring and recording the patient's response to treatment; and monitoring, observing and evaluating the drug regimen. "Skilled nursing facility" includes private, nonprofit or proprietary "intermediate nursing facilities for the mentally retarded or developmentally disabled" as that term is defined in §26-4-103(8), C.R.S., as amended. 62. Sightseeing/Tour Vehicle Facility. A facility for the location of any motor-propelled passenger-carrying vehicle, which has six (6) or more seats, used in the conveyance, for hire, of tourists and sightseers, for the purpose of a sightseeing trip or tour in the visiting and viewing of places of interest. The facility shall include on-site ticket sales and customer parking. The facility may or may not involve on-site storage of the sightseeing/tour vehicles. 63. Single-Family Use. a. General Definition: A single-family use is a land use designated for individuals (including resident and nonresident caregivers) living together in a single dwelling unit, with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the dwelling unit. Single-family use shall include occupancy by a renter household for terms DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 16 of 39 of thirty (30) days or more. Refer to the definition of accommodations use for renter occupancy for terms of less than thirty (30) days. 64. Tiny Home. A dwelling unit, either site-built or factory-built, containing not more than four hundred (400) square feet of gross floor area, designed and used as a permanent or semi-permanent residence. A tiny home may be constructed on a permanent foundation, on a chassis with wheels (in which case it may also be classified as a recreational vehicle or park model unit depending on applicable state and federal standards), or on a skid. A tiny home on a permanent foundation shall comply with all applicable building codes and zoning standards for residential dwelling units. A tiny home on wheels shall be subject to the standards of the zone district and any applicable RV or campground standards where it is located. 65. Townhome. A dwelling unit that is part of a row of two (2) or more attached single-family units, where each unit shares one (1) or more common walls with adjacent units, has its own separate ground-level entrance, and extends from foundation to roof with no other dwelling unit above or below it. Each townhome unit is typically located on its own fee-simple lot or within a condominium or common- interest community. No townhome or townhome projects shall have common horizontal walls. 66. Transportation Facility Without Repairs. Mass transit stations, including bus terminals/stations, transfer points, and depots without vehicle repair or storage. 67. Triplex. A residential building containing exactly three (3) dwelling units on a single lot, each with its own separate entrance and self-contained kitchen, bathroom, and sleeping facilities. Units within a triplex may be arranged side by side, stacked vertically, or in a combination of both configurations. 68. Vehicle Service, Limited. a. Shops, wheel and brake shops, and tire sales and installation. This classification excludes vehicle dismantling or salvage and tire retreading or recapping. b. Vehicle/Equipment Sales and Rentals: Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including incidental storage and incidental maintenance. c. Vehicle Storage: Storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles. i. Exceptions: This use classification does not include repair and service of industrial vehicles, equipment, or heavy trucks; and does not include vehicle wrecking and salvage, all of which are classified as "Industrial Services." d. Warehousing and Storage. This classification includes the following specific types of uses: e. Bulk Storage: The storage of chemicals, petroleum products, grains, and other materials in above- ground structures for subsequent resale to distributors, retail dealers, or outlets. "Bulk storage" shall not include bulk storage of materials or hazardous substances that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. f. General Warehousing and Storage: A building or tract of land used primarily for the storage of goods and materials, including tank storage, commodity warehouses, refrigerated warehouses, and general merchandise warehouses. g. Limited Warehousing and Storage: Provision of storage space for household or commercial goods within an enclosed building. General Definition: Uses that provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed. Incidental, accessory uses may include auto repair and tire sales. i. Examples: This classification includes the following types of specific uses: DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 17 of 39 a) Car Wash: Washing, waxing, or cleaning of automobiles or similar light vehicles. b) Quick Lubrication Services: Any building used for minor servicing and repair of automobiles and light trucks, with an emphasis on the sale and installation of lubricants. Body and fender work or repair of heavy trucks or vehicles and retail dispensing or sales of vehicular fuels are excluded from this use classification. c) Vehicle Fueling and Service Station: Any building, land area, or other premises used for the retail dispensing or sale of motor vehicle fuel or energy — including gasoline, diesel, electric vehicle charging, compressed natural gas, hydrogen, or other alternative fuel — together with, as an accessory use, the minor servicing and repair of automobiles and light trucks; the sale and installation of lubricants, tires, batteries, and similar vehicle accessories; retail sale of convenience goods, food, and beverages for off-premise consumption; and a car wash facility, whether single-bay or automated tunnel format. Body and fender work or repair of heavy trucks or vehicles is excluded from this use classification. d) Exceptions: This use classification does not include refueling facilities for vehicles that belong to a specific use (fleet vehicles), which are considered accessory uses if they are located on the site of the principal use. h. Vehicle/Equipment Sales and Services. i. Examples: This classification includes the following types of specific uses: a) Automobile Rentals: Rental of automobiles and light trucks only, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. b) Commercial Parking Facility: Lots or structures, as the principal use of a parcel, offering short-term or long-term parking to the public for a fee. See also definitions of the terms "parking area," "parking lot," and "parking structure" in §13.3 below. c) Limited Equipment Rentals: The rental of supplies and equipment primarily intended for homeowner use and minor residential gardening and construction projects. All maintenance and storage of equipment is conducted within an enclosed building. This use classification does not include the rental, storage, or maintenance of large construction equipment, which is included in either the broader use classifications of "Vehicle/Equipment Sales and Rentals" or "Construction Storage Yard." d) Vehicle/Equipment Repair: Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles or boats, including the sale, installation and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops without direct public access to individual storage spaces. This classification includes facilities with a maximum of five thousand (5,000) square feet of gross floor area, but excludes wholesaling and distribution, Mini-storage and vehicle storage. e) Exceptions: This classification does not include uses that involve the transfer or storage of solid or liquid wastes (see Industrial Services above). Mini- DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 18 of 39 warehouses are classified as Self-Service Mini-Storage uses. Vehicle storage is classified as "Vehicle Storage" use. 69. Wildland-U rban Interface. That geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels. 70. Wholesale Sales and Distribution. a. General Definition: A use engaged in enclosed storage, wholesale and/or distribution of manufactured products, supplies and equipment, including accessory offices and showrooms, and including incidental retail sales, but excluding bulk storage of materials or hazardous substances that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. Products may be picked up on-site or delivered to the customer. Other accessory uses may include product repair, parking, minor fabrication services, and repackaging of goods. b. Examples: This classification includes the following types of specific uses: i. Small-scale Wholesale Sales and Distribution: Distribution and storage having a maximum gross floor area of five thousand (5,000) square feet and having no more than two (2) docks or service bays. ii. Other Wholesale Sales and Distribution: Wholesale or rental of machinery, equipment, heavy trucks, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts and building hardware. iii. Exceptions: This use classification does not include the following: a) Uses that involve the transfer or storage of solid or liquid wastes. b) Trucking terminals, which are defined as storage and distribution facilities having more than six (6) heavy trucks on the premises at one (1) time, but excluding trucking accessory to a limited industry or general industry classification. c) Mini-warehouses, which are classified as " Mini-Storage" uses. d) Vehicle storage, which is classified as "Vehicle Storage." e) Firms that engage primarily in sales to the general public or on a membership basis, which are classified as Retail Sales and Service. f) Firms that are primarily storing goods with little on-site business activity, which are classified as "Warehousing and Storage." g) Wholesale sales of building materials, which are classified as "Building Materials/Services." § 13.3 DEFINITIONS OF WORDS, TERMS AND PHRASES The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this Section: 1. Abutting or Adjoining shall mean to physically touch or border upon, or to share a common property line or border. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 19 of 39 2. Accessory Building shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building. 3. Accessory Dwelling Unit shall mean a second dwelling unit that is integrated either with a single-family detached dwelling structure or with a detached accessory structure on the same lot as the principal dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles, or travel trailers. 4. Accessory Structure shall mean a structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building. 5. Accessory Use shall mean a use of land or a building that is customarily and clearly incidental and subordinate to the principal use of the land or building, and that is ordinarily located on the same site or lot as such principal use. 6. Accommodations Use shall mean the rental, leasing or occupancy of any room, mobile home, recreational vehicle, camp site or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling, duplex, multiple-family dwelling, condominium unit, or any such similar place, to any person whom, for a consideration, uses, possesses or has the right to use or possess such room, mobile home site, recreational vehicle site, camp site or other area for a total continuous duration of less than thirty (30) days. 7. Acre shall mean a gross measure of land area equivalent to forty-three thousand five hundred sixty (43,560) square feet. 8. Adaptation. The human eye requires time to adjust between areas of different brightness. Adapting from very bright indoor spaces to unlit nighttime environments can take up to 5 minutes. Improving the light levels around entries/exits and their immediate surroundings can improve visual adaptation. 9. Adequate Public Facilities ("APF") shall mean the public facilities and services necessary to maintain the adopted level of service standards. 10. Adjacent shall mean the same as "Abutting or Adjoining." 11. Administrative Appeals shall mean appeals where it alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on, or made in the application of, the standards or enforcement of this Code in a specific situation, with limited necessity for reference to general goals and policies of the Comprehensive Plan. 12. Adult Material shall mean any material including but not limited to books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes or devices that are distinguished by their emphasis on depicting, describing or relating to Specified Anatomical Areas or Specified Sexual Activities. 13. Adverse Impact shall mean a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions on a site proposed for development or on off-site property or facilities. 14. Alter or Alteration shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors, windows, facade, means of ingress or egress or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another. 15. Amendment shall mean any addition, deletion or revision of the text of this Code or any addition, deletion or revision of the Official Zoning Map adopted after public hearings. 16. Animal, Domestic shall mean small animals of the type generally accepted as pets, including but not limited to dogs, cats and fish, but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or similar animals. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 20 of 39 17. ANSI/IES The Illuminating Engineering Society (IES) is an American National Standards Institute (ANSI)- recognized Standards Development Organization. ANSI/IES Recommended Practices are universally recognized as authoritative references for indoor and outdoor lighting applications. 18. Applicant shall mean a person who has filed an application for a permit, subdivision, or development with the Community Development Department. 19. Arterial Street. See "Street, Arterial" below. 20. Artificial Light at Night (ALAN) Light that is created from human technology, rather than a naturally occurring process. Also sometimes known as anthropogenic lighting. 21. Attainable Housing or Attainable Housing Units shall mean the following: a. Renter-Occupied Attainable Housing Units. Housing units that are attainable to households earning less than eighty percent (80%) of the Fort Collins-Loveland, CO MSA Median Family Income or below, adjusted for household size. Income limits shall be set by the Department of Housing and Urban Development. b. Owner-Occupied Attainable Housing Units. Housing units that are attainable to households earning less than eighty percent (80%) of the Fort Collins-Loveland, CO MSA Median Family Income or below, adjusted for household size. Income limits shall be set by the Department of Housing and Urban Development. 22. Automobile Rentals. A use in which passenger motor vehicles are rented or leased to the public for temporary use, which may include on-site vehicle storage, cleaning, and minor servicing incidental to the rental operation. 23. Bank, River or Stream shall mean the boundary along a stream or river at the high water mark. 24. Barn/Stable shall mean a building used exclusively to store farm implements, grain, hay, and other farm products and/or to shelter and feed livestock; or a building having stalls or compartments used exclusively to shelter and feed livestock. 25. Basement shall mean that portion of a building that is partly or completely below natural or existing grade. 26. Bedroom shall mean a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom. 27. Berm, in the context of landscaping or buffer requirements, shall mean a mound of earth typically used to shield, screen, and buffer undesirable views and to separate potentially incompatible land uses. 28. Bikeway shall mean a pathway, often paved and separated from streets and sidewalks, designed to be used by bikers. 29. Board of Trustees shall mean the governing body of the Town of Estes Park, officially known as the Town of Estes Park Board of Trustees. 30. Boundary Adjustment shall mean the division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes. 31. Buffer or Bufferyard shall mean open spaces, landscaped areas, fences, walls, berms or any combination thereof, used to physically separate or screen one (1) use or property from another so as to visually shield or block noise, lights or other potential nuisances. 32. BUG Ratings. The ANSI/IES BUG (Backlight, Uplight, Glare) Rating system. 33. Building shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind, and which is governed by the following characteristics: a. Is permanently affixed to the land; and DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 21 of 39 b. Has one (1) or more floors and a roof. 34. Building Envelope shall mean an area within the property boundaries of a lot or property within which an allowed building or structure may be placed. No portion of the building, including cornices, canopies, eaves, landings, or attached decks, shall extend outside the bounds of a building envelope. 35. Building Line shall mean a line parallel to the street lot line touching that part of a building closest to the street. See also "Setback Line." 36. Building Mass shall mean the three-dimensional bulk of a building: height, width and depth. 37. Building, Principal shall mean the building or structure on a lot used to accommodate the primary permitted use, such use possibly occurring in more than one (1) building or structure. 38. Building Scale shall mean the relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. 39. Bylaws shall mean the governing covenants, controls and restrictions for a condominium owner association or corporation, containing all the information required by the Colorado Condominium Ownership Act, §38-33- 101 et seq., C.R.S. 40. Caliper shall mean the diameter of a tree trunk measured six (6) inches from the ground for trees up to four (4) inches in caliper/diameter and twelve (12) inches from the ground for trees four (4) inches or larger in caliper/diameter. 41. Camping Unit shall mean any tent, trailer, recreation vehicle or similar structure established or maintained and operated in a campground as temporary living quarters for travel, recreation or vacation purposes. 42. Campsite shall mean any plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper. 43. Carport shall mean a garage that is open on at least two (2) sides. 44. Car Wash. A facility or structure used for the commercial cleaning, washing, rinsing, or drying of motor vehicles, whether operated by an attendant or by the customer, as a primary or accessory use on a site. 45. Change of Use shall mean any use that substantially differs from the previous use of a building or land in terms of, for example, required parking, landscaping or drainage, and particularly in terms of the new use's overall effect on the surrounding neighborhood and zoning district purpose. 46. Channel means a natural or artificial watercourse or drainage way of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water. 47. Character shall mean those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness. 48. Clearing shall mean the indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for nonagricultural development purposes. 49. Cluster Development shall mean a development or subdivision design technique that concentrates buildings or lots on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas. 50. Co-Development shall mean two (2) or more competing Commercial Mobile Radio Services (CMRS) providers working together to develop a single CMRS facility. 51. Co-located Services shall mean one or more supportive, community-serving, or service-enriched uses — such as child care, health or behavioral health care, case management, food assistance, transportation services, education or workforce development programming, or similar resident-support services — that are sited within, attached to, or located on the same parcel or campus as a residential development, and that are made DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 22 of 39 available to residents of that development (and, where applicable, to the surrounding neighborhood) in order to support housing stability and resident well-being. Co-located services are an accessory or mixed-use component of the residential development in which they are sited, sharing the development's building, parking, infrastructure, or grounds rather than standing as an independent principal use. 52. Co-Location shall mean locating wireless communications equipment for more than one (1) CMRS provider on a single structure. 53. Commercial Mobile Radio Services (CMRS) shall mean telecommunications services including cellular telephone, personal communications service (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless Internet access and similar services. 54. Commercial Use shall mean activity involving the sale of goods or services carried out for profit. 55. Common Open Space shall mean land within or related to a development, not individually owned or dedicated for public use but generally owned and/or maintained by a homeowners association, that is designed and intended for the common use or enjoyment of the residents of the development and their guests, and may include such complementary structures and improvements as are necessary and appropriate. 56. Community Development Director shall mean the individual appointed by the Town Manager to administer and enforce this Code, or that person's designee. The Community Development Director is the "administrative official" or "zoning administrator" referenced throughout this Code and exercises the administrative land use authority delegated to the local government under the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101 et seq., and, as applicable, C.R.S. § 31-23-201 et seq. (municipal planning) or C.R.S. § 30-28- 101 et seq. (county planning). 57. Community Ownership Interest Community shall mean a real estate development described in a declaration with respect to which a person, by virtue of that person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in the declaration, including but not limited to condominiums, cooperatives, and planned communities. This term, and related terms such as "association," "declarant," and "unit owner," shall have the meanings given in the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq., as amended, in particular the definitions at C.R.S. § 38-33.3-103. 58. Compatible or Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include impacts on pedestrian and vehicular traffic, circulation, access, and parking. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor, and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. 59. Complete Application shall mean an application for development approval or a permit that has been submitted in the required format, includes all mandatory information, and is accompanied by the established fee. 60. Comprehensive Plan shall mean the Estes Forward Comprehensive Plan, dated December 2022 , as amended from time to time. 61. Condominium or Condominium Project shall mean a building, or group of buildings, in which dwelling units, offices or floor area are designated for separate ownership, and the remainder of the structure, land area and facilities is commonly owned by all the unit owners on a proportional, undivided basis. 62. Condominium Unit shall mean an individual air space unit in a condominium, together with the proportional, undivided interest in the common elements appurtenant to such unit. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 23 of 39 63. Coniferous shall mean trees and shrubs that generally have needles, bear cones, and typically retain their leaves throughout the year. 64. Contiguous shall mean next to, abutting, or touching and having a boundary or portion thereof that is coterminous. Contiguity is not broken by a road or alley, a public or private right-of-way or easement, a natural or artificial water course, or an intersecting mining claim. 65. Corner Lot shall mean a lot that abuts two (2) or more streets that intersect at one (1) or more corners of the lot. 66. Correlated Color Temperature (CCT) The appearance of light emitted by a light source is measured in kelvins (K). Lower CCTs (1800 K to 2200 K) appear very warm or amber. Medium CCTs (2700 K to 3000 K) appear “warm white,” similar to incandescent bulbs. High CCTs (4000 K and higher) appear “cool white” or “blue.” 67. Cottage Court semi-detached shall mean a grouping of small dwelling units arranged around a shared common courtyard or open space, in which each building consists of two dwelling units joined by a single common wall, with each unit having its own separate primary entrance oriented toward the courtyard. Semi- detached cottage court buildings are distinguished from detached cottage court dwellings, in which each unit occupies a freestanding, unattached structure, and from cottage court townhouses, in which more than two units may be joined in a single building. 68. County shall mean Larimer County, Colorado. 69. Cul-de-sac shall mean a local or private street with only a single means of egress and ingress and having a turn-around at one (1) end. 70. Curb shall mean a stone, concrete, or other improved boundary usually demarcating the edge of a roadway, parking lot, or other paved area. 71. Curb Cut shall mean the opening along the curb line at which point vehicles may enter or leave the roadway. 72. Cut shall mean the excavating of earth from the ground surface during the process of land development. 73. Cutoff shall mean the point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cut off) at a specific angle above the ground. 74. Cutoff Angle shall mean the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted. 75. Deciduous shall mean trees and shrubs that lose their leaves at the end of each growing season and develop new ones the following season. 76. Decision-Making Body shall mean the entity (typically the Board of Trustees, Estes Park Planning Commission, Town Board of Adjustment, or Department) that is authorized to finally approve or deny an application or permit required under this Code. 77. Deck shall mean a platform, either freestanding or attached to a building, that is supported by pillars or posts. 78. Declaration shall mean an instrument recorded pursuant to the statutes of the State of Colorado and that defines the character, duration, rights, obligations and limitations of condominium ownership, including but not limited to plats and maps. 79. Dedication shall mean the grant of an interest in property to the public for public use and benefit. 80. Density shall mean the number of dwelling or guest units for each acre of land. For purposes of this Code, density shall be calculated on a "net" basis. See "Density, Net" below. 81. Density, Net shall mean the number of dwelling units or guest rooms/units in an accommodations use on a lot or site divided by the total gross area (in acres) of the site on which the units are located, exclusive of the following land areas (in acres): DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 24 of 39 a. Eighty percent (80%) of land located within the 100-year floodplain as delineated on the most current FEMA Flood Insurance Rate Map (FIRM); b. All land within a dedicated public right-of-way or a private street tract, including travel lanes, medians, turn lanes, roundabouts, and associated curbs, gutters, and sidewalks; c. All land located within a recorded utility easement, access easement, or trail easement that, by its terms, restricts surface development; and d. All land within a mapped geologic hazard area, including avalanche hazard zones, rockfall hazard areas, and landslide hazard areas, as identified on applicable state or county hazard maps. 82. Depth, Lot or Site shall mean the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines. 83. Developer. See "Subdivider or Developer," below. 84. Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, but shall not include the dividing of land into two (2) or more parcels (see "Subdivision" below). a. Development shall include: i. Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; ii. Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; iii. Any change in use of land or a structure; iv. Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland; v. The clearing of land as an adjunct of construction; vi. The commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land; vii. The demolition of a structure; viii. The deposit of refuse, solid or liquid waste, or fill on a parcel of land; and ix. The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property. b. Development shall not include: i. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of- way; ii. Work by any utility and other entity or person(s) engaged in the distribution or transmission of gas or water or other utilities, for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; iii. A change in the ownership or form of ownership of any parcel or structure; and iv. The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 25 of 39 85. Development Parcel. A lot or combination of contiguous lots under unified ownership or control that is the subject of a development application submitted pursuant to this Code and applicable provisions of C.R.S. § 29- 20-101 et seq. (Local Government Land Use Control Enabling Act). 86. Development Plan shall mean the proposed layout of a lot or site showing all elements of the proposed site development as well as existing conditions, including but not limited to topography, vegetation, drainage, floodplains, wetlands and waterways, landscaping and open areas, walkways, circulation, utility services, surrounding development, existing buildings, structures, trees and vegetation to remain, and other information as may be reasonably required by the Decision-Making Body to make an informed decision. 87. Diameter at Breast Height (DBH) shall mean tree trunk diameter measured in inches at a height of four and one-half (4.5) feet from the ground or, in the case of a tree that is divided into multiple trunks below four and one-half (4.5) feet, as measured at the narrowest point beneath the point of division. 88. Drainage Way means a natural or artificial land surface depression with or without perceptively defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction. 89. Drip Line shall mean the distance between the outer edge of a tree trunk and the vertical line extending from the outermost edge of the tree canopy to the ground. 90. Drive-Through shall mean an establishment which, by design, physical facilities, service, or packaging procedures, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. 91. Driveway shall mean a paved or unpaved area used for the ingress and/or egress of vehicles, which allows access from a street to a building or other structure or facility, and which is not necessarily contained in a deeded right-of-way or easement. Driveways that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. 92. Driveway, Shared shall mean a single driveway serving two (2) or more adjoining lots or uses. 93. Dwelling, Accessory. See "Accessory Dwelling Unit" above. 94. Dwelling, Attached shall mean a dwelling unit structurally attached to one (1) or more other dwelling units by common walls. 95. Dwelling, Detached shall mean a dwelling unit having open space on all sides. 96. Dwelling, Multi-Family shall mean a building containing three (3) or more dwelling units designed for occupancy by three (3) or more households living independently of each other. 97. Dwelling, Single-Family shall mean a detached dwelling designed to be occupied by one (1) household. 98. Dwelling, Two-Family See ‘Duplex” above. 99. Dwelling Unit shall mean a building or portion of it designed and used as living and sleeping quarters for a single household, and that includes exclusive sleeping, kitchen, eating, and sanitary facilities. 100. Easement shall mean an area that is reserved, conveyed or granted one (1) or more property rights by the property owner to and for the use of the public, a corporation or other persons, for a designated part of the property, and for a specified or limited purpose without the transfer of fee title. 101. Easement, Conservation shall mean an easement stipulating that the described property will remain in its natural state and precluding future or additional development or subdivision. 102. Effective Date of this Code shall mean February 1, 2000. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 26 of 39 103. Electronic Message Centers (EMCs) are signs capable of displaying words, symbols, or figures that can be changed electronically via remote or automatic means. These signs allow for easier updates to information than traditional, static signs. 104. Employee Housing shall mean a dwelling unit or units occupied by a person employed within the boundary of the Estes Park School District R-3, and that employee's household members. 105. EPPC shall mean the Estes Park Planning Commission. 106. Estes Valley Ridgeline Protection Map shall mean the official map showing the location of specific ridgeline protection areas in the Estes Valley, together with associated view and vantage points, dated November 3, 1999, as amended from time to time. 107. Excavation or Excavating shall mean the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, whether exposed or submerged. 108. Fence shall mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. 109. Fill shall mean a deposit of materials of any kind placed by artificial means. 110. Flagpole Lots shall mean a lot consisting of two distinguishable parts: a. The "flag," a building site of generally standard lot width and area meeting this Code's dimensional standards, and b. The "pole," a narrow strip of land that connects the flag portion to a public street or right-of-way and that provides the lot's sole frontage and vehicular access. 111. Floor Area, Gross shall mean the combined sum of the gross building floor area of all principal and accessory buildings on a lot, including basement gross floor area except as specifically excluded herein, as measured along the outside enclosing walls, but not including: a. Parking structures accessory to a nonresidential use; b. Any area where the floor-to-ceiling height is less than five (5) feet; c. Attainable housing bonus units meeting the requirements of §3.4. Only bonus units shall be exempt; d. Floor area placed below grade as set forth in §3.4. 112. Floodplain shall mean land located in the Estes Valley that is adjacent to a body of water that has been or may hereafter be covered by floodwater, as delineated on the official floodplain map(s) adopted by the Town or County. 113. Footcandles. A unit of illumination equal to one (1) lumen per square foot. 114. Frontage. See "Lot Frontage" below. 115. Fully-shielded. A Luminaire fabricated or shielded in such a manner that it has achieved a U0 rating. To achieve this rating, the light source shall not be visible above a horizontal plane passing through the lowest light-emitting part of the luminaire 116. 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 areas within the walls enclosing the garage shall be considered garage space. For carports, all areas under the roof shall be considered garage space. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 27 of 39 117. Garage, Public shall mean 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. 118. Garage Sale shall mean the sale or offering for sale to the general public of more than five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Sales of programs and food and beverage items at school athletic events shall not be deemed to constitute garage sales. Garage sales shall be limited to no more than four (4) consecutive calendar days and shall occur not more than twice within a twelve-month period. 119. Glare: An uncomfortable visual sensation created by the brightness (i.e., luminance) of a light source. This sensation can cause an individual to squint or turn away, which is detrimental to navigation and public safety at night. 120. Grade shall mean: a. The average elevation of the land around a building; or b. The percent of rise or descent of a sloping surface as it exists or as rendered by cut and/or fill activities. 121. Grade, Existing or Natural shall mean the surface of the ground or pavement at a stated location as it exists prior to development or disturbance. 122. Grade, Finished shall mean the final elevation and contour of the ground after cutting or filling/compacting and conforming to the proposed design. 123. Grading shall mean rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new contours or grades. 124. Ground Cover shall mean low-growing plant materials intended to spread over the ground. Ground cover also includes mulches and inorganic ground covers like rocks to fill in around plantings and grass. 125. Guest Unit or Guest Room shall mean a room or suite of rooms in an accommodations use that contains sleeping and sanitary facilities, and that may include limited kitchen facilities. a. Limited kitchen facilities mean a kitchen, not located in a separate enclosed room, containing a sink and no more than: (a) a refrigerator no larger than four and one-half (4½) cubic feet; (b) a cooktop or range no wider than twenty-four (24) inches; and/or (c) a microwave oven. A dishwasher or full-size range/oven is not permitted as part of the limited kitchen facilities. b. A guest unit or guest room with kitchen facilities exceeding the limits in subsection (2) above is classified as a dwelling unit (or accessory dwelling unit, as applicable) for all purposes under this Code. c. In the event of any conflict between this definition and the Estes Park Building Code, the Estes Park Building Code shall control. 126. Hazard Areas shall mean all areas that are, or that may become hazardous due to environmental conditions. The hazards include, but are not limited to, the following: wildfire, avalanche, landslide, rock fall, mud flow and debris fan, unstable or potentially unstable slopes, seismic effects, radioactivity, ground subsidence, and expansive soil and rock. 127. Hazardous Substance shall mean any material that, by reason of its toxic, corrosive, caustic, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. 128. High Water Mark shall mean the line on the bank of a stream, river, lake or impoundment to which the high water ordinarily rises annually in seasons, as indicated by changes in the characteristics of soil, vegetation or other appropriate means, taking into consideration the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, it shall be presumed to be the edge of vegetation growing along DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 28 of 39 the channel bank. In braided channels, the ordinary high water mark shall be measured so as to include the entire stream feature. 129. Home Occupation shall mean a business, profession, occupation or trade that is conducted for gain as an accessory use within a dwelling unit, or an accessory building by a resident of the dwelling unit. 130. Homeowners' Association shall mean a private, nonprofit corporation of property owners for the purpose of owning, operating, and maintaining various common properties and facilities (except that as this definition relates to a condominium project, the homeowners' association does not own the common property/facilities; it operates and maintains them on behalf of the condominium owners). 131. Household shall mean individuals (including resident and nonresident caregivers) living together in a single dwelling unit, with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the dwelling unit. 132. Illuminance Typically measured by municipalities in Footcandles (fc). Also referred to as light level. This is the density of light that is falling onto a surface from a light source. Can be measured in the horizontal or vertical planes. 133. Impervious Surfaces. a. Impervious surfaces shall mean those portions of a lot which are covered by development that prevents or impedes the passage or absorption of stormwater. b. This includes, but is not limited to, principal and accessory buildings or structures, sidewalks, streets, driveways, and parking areas. c. Porous pavements and graveled surfaces which allow for the passage or absorption of stormwater are not to be considered as impervious surfaces. 134. Improvements shall mean any human- made, immovable item that becomes part of, is placed upon, or is affixed to real property , including but not limited to any utility, paving, grading, drainage, or structure. 135. Individual Air Space Unit shall mean, in the context of a condominium project, any enclosed room or rooms occupying all or part of a floor or floors of a building to be used for residential, professional, commercial, or industrial purposes. 136. Interactive kiosk shall mean a device that allows the public to access the internet, send and retrieve e-mail, or provide wayfinding or other information. These may be incorporated within an existing structure or be freestanding. These shall not be used to provide off-premises signage for other businesses. The display shall comply with the adopted sign code. Display of off-site content shall be user-activated. Content shall be restricted to comply with Title 9, "Public Peace, Morals and Safety," of the Municipal Code. 137. Kennel shall mean a commercial or noncommercial use with indoor and/or outdoor facilities for the keeping, breeding, boarding, or training of four (4) or more adult canine or feline animals (i.e., animals over the age of three [3] months). 138. Kitchen shall mean a room or space within a room containing a sink, and either a refrigerator or the electrical, gas, or other utility infrastructure (including a dedicated 220/240-volt circuit, gas line, or equivalent) capable of supporting one, together with a range, oven, cooktop, or other appliance — whether installed, portable, or countertop — designed or used for the cooking or preparation of food. 139. Kitchen Accessory Accessory shall mean a kitchen, as defined above, other than the principal kitchen associated with a single-family dwelling. 140. Kitchen, Outdoor shall mean a kitchen as defined herein, except that an outdoor kitchen shall be located in an unenclosed area that may be roofed, but is open on at least two sides and exposed to weather. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 29 of 39 141. Land Disturbance shall mean any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover. 142. Landscaping shall mean the preservation of existing trees, shrubs, grass, and decorative materials such as fences or walls on a lot, tract, or parcel of land; the rearrangement thereof; or the modification thereof by planting or installing more or different trees, shrubs, grass, or decorative materials. Landscaping also includes hardscape elements such as gravel, river rock, decomposed granite, mulch, and pavers, whether used in combination with plant materials or as a substitute for vegetation to further water conservation (xeriscaping) or wildfire defensible space objectives. 143. Level of Service (LOS) shall mean: a. In general terms, an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Generally, "level of service" indicates the capacity per unit of demand for a public facility. b. More specifically, in terms of transportation, "level of service (LOS)" shall mean a qualitative measure describing operational conditions within a traffic stream; generally described in terms of such factors as speed, freedom to maneuver, traffic interruptions, comfort, convenience and safety. LOS is usually expressed in terms of six (6) levels, designated A through F, with A (free flow of traffic with minimum intersection delay) being the best, and F (forced flow, jammed intersections, long delays) being the worst. 144. Light Level shall mean the amount of light in a space or falling onto a surface. Measured using illuminance values. An appropriate light level throughout a space supports visual comfort. 145. Light Pollution shall mean excessive or unnecessary light traveling into areas where it is not needed or wanted. This can be in the form of Light Trespass, glare, or upward-emitted light that contributes to sky glow. All forms of light pollution at night negatively affect the public good and the environment. 146. Light Trespass shall mean unwanted light entering another property without purpose or permission. Illumination limits are measured vertically 5ft above grade with the meter held perpendicular to the ground and aimed toward the light source in question. Unless otherwise specified, limits are measured at any location along a property line. 147. Lighting Standard shall mean applicable outdoor lighting standards, including, but not limited to, federal or state law, recommendations from accredited standards developing organizations such as ANSI/IES, or recommendations by a nationally recognized authority governing the use of outdoor lighting. 148. Limited Equipment Rentals. A use in which small-scale tools, recreational equipment, or light-duty machinery are offered for short-term rental to the public or contractors, excluding heavy construction equipment or vehicles required to be registered under C.R.S. § 42-3-101 et seq. All outdoor storage of rental equipment shall comply with the screening and setback standards of this Code. 149. Limits of Disturbance shall mean the area(s) of a site, as established pursuant to §6.2.D of this Code, that may be disturbed by earth movement (grading), or cleared of vegetation, including disturbance or clearance to provide space for construction of principal and accessory uses and structures, driveways, parking areas, roads, drainage and stormwater management facilities, and/or utilities. 150. Lot shall mean one (1) of the following: a. An individual parcel of land which was intended at the time of its creation to be separately owned, developed and otherwise used as a separate developable unit that was platted by a subdivision plat created in conformance with the applicable subdivision and zoning regulations, if any, in effect at the time of creation and recorded in the office of the Larimer County Clerk and Recorder. b. An individual parcel of land which was intended at the time of its creation to be separately owned, developed and otherwise used as a separate developable unit that was created by a legal conveyance of DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 30 of 39 said parcel prior to May 5, 1972 and created in conformance with the applicable subdivision and zoning regulations, if any, in effect at the time of creation. In determining whether or not the individual parcel was intended at the time of its creation to be separately owned, developed, and otherwise used as a separate developable unit, the procedure and standards for review set forth in §2.3 shall be used. c. Any parcel of thirty-five (35) acres or more which, when created, was located within unincorporated Larimer County, Colorado, and did not cause a parcel of less than thirty-five (35) acres to remain. 151. Lot Area shall mean the total gross amount of horizontal land area within lot lines. Public rights-of-way and private streets shall not be included in the calculation of lot area. 152. Lot Coverage: a. Lot coverage shall mean those portions of a lot which are covered by development that prevents or impedes the passage or absorption of stormwater. b. This includes, but is not limited to, principal and accessory buildings or structures, sidewalks, streets, driveways and parking areas. c. Porous pavements and graveled surfaces which allow for the passage or absorption of stormwater are not to be considered as impervious surfaces and do not contribute to lot coverage. 153. Lot, Corner shall mean a lot located at the intersection of and abutting two (2) or more streets. 154. Lot, Conservancy shall mean a lot that is at least two and one-half (2.5) acres in area, and that includes within the lot lines a portion of the overall development's required private open area set-aside (see §6.4 of this Code). The portion of the conservancy lot containing the private open area set-aside is deed-restricted to preclude future development or disturbance. 155. Lot Depth shall mean the average distance from the front lot line to the rear lot line, measured in the general direction of the side lot lines, that is, from the direction the lot faces and is addressed by. 156. Lot, Double Frontage shall mean a lot with a frontage on two (2) streets that do not intersect at the lot boundaries, as distinguished from a corner lot. 157. Lot Frontage shall mean that dimension of a lot or a portion of a lot abutting a street right-of-way, excluding the exterior side dimension of a corner lot. 158. Lot, Interior shall mean a lot other than a corner lot. 159. Lot Lines shall mean the property lines along the edge of a lot or site: a. Front Lot Line: The shortest lot line of all street lot lines. If all street lot lines are the same length, then all shall be considered front lot lines. b. Side Lot Line: Any lot line except a rear or front lot line. c. Rear Lot Line: A lot line that is opposite a front lot line, but which does not abut a street. A triangular lot has two (2) side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is the lot line that is most nearly opposite the front lot line. d. Interior Side Lot Line: A side lot line that does not abut a street. e. Street Lot Line: Any lot line that abuts a street. Street lot line does not include lot lines that abut an alley. On a corner lot and a double frontage lot, there are two (2) or more street lot lines. Street lot lines can include front lot lines and side lot lines. f. Street Side Lot Line: A lot line that is both a side lot line and a street lot line. 160. Lot of Record shall mean a legal lot which is a lot, parcel or tract of land created by a legal conveyance of said lot, parcel or tract prior to May 5, 1972; a lot, parcel or tract shown on a subdivision plat which was approved DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 31 of 39 and recorded prior to May 5, 1972, according to the subdivision regulations in effect at the time of approval; a lot, parcel or tract created by approval of the Board of Trustees or County Commissioners in conformance with the subdivision regulations in effect at the time of approval and which has been recorded in the office of the Larimer County Clerk and Recorder; or any parcel of thirty-five (35) acres or more which, when created, did not cause a parcel of less than thirty-five (35) acres to remain. 161. Lot, Reverse Frontage shall mean a double frontage lot that is designed to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street. 162. Lot Width shall mean the horizontal distance between the side lot lines along a straight line parallel to the front lot line (or the chord thereof) and located at the minimum front setback distance from the front lot line. Lot width standards shall apply to lots that do not have a front lot line, i.e., lots that do not abut a street. In these cases, the Decision-Making Body shall determine where to measure lot width. 163. Lubrication Services. An establishment or portion thereof providing routine automotive maintenance, including oil changes, fluid checks and replenishment, and chassis lubrication, but excluding major mechanical repair, body work, or paint services. Such uses shall comply with applicable hazardous materials storage and stormwater regulations under C.R.S. § 25-8-501 et seq. 164. Lumen (lm) shall mean the unit of measurement for visible light emitted from a light source. 165. Luminaire shall mean a complete lighting unit, including the light source, housing, optics, electronics, and other necessary components for providing exterior illumination. 166. Lux: The standard unit of measurement for illuminance — the amount of light falling on a surface. One lux equals one lumen of light spread evenly over one square meter. Lux is the unit typically used in photometric lighting plans to measure light levels at ground level, such as under a streetlight or in a parking lot. 167. Management Plan shall mean a detailed analysis of the objectives of the land owner and a description of the resources available on a particular site which includes a plan to use "best management practices" to achieve the objectives while maintaining the needs of the total ecosystem, including soil, water, air, plants, animals, and humans. 168. Manufactured Home or Housing shall mean a single-family dwelling that: a. Is partially or entirely manufactured in a factory; b. Is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; c. Is installed on an engineered permanent foundation; d. Has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; and e. Is certified pursuant to the "National Manufactured Construction and Safety Standards Act of 1974," 42 U.S.C. 5401 et seq., as amended. 169. Maximum Extent Feasible shall mean that no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account, but shall not be the overriding factor in determining "maximum extent feasible." 170. Maximum Extent Practicable shall mean, under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance. 171. Micro Wind Energy Conversion System (MWECS). A wind energy conversion system consisting of a wind turbine with a swept area not to exceed fifteen (15) square feet, including appurtenant equipment, and which DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 32 of 39 is intended to primarily reduce on-site consumption of utility power. Such systems are accessory to the principal use or structure on a lot. 172. Mixed Use shall mean the development of a lot, tract, parcel of land, building, or structure with two (2) or more different principal uses, including, but not limited to, residential, office, retail, personal service, or entertainment uses, designed, planned, and constructed as a unit. 173. Mobile Home shall mean a single-family dwelling built on a permanent chassis that is transportable in one (1) or more sections, designed for long-term residential occupancy and containing complete electrical, plumbing, and sanitary facilities, and designed to be installed in a permanent or semi-permanent manner with or without a permanent foundation. "Mobile Home" does not include recreational vehicles or travel trailers. 174. Mobile Home Park shall mean a unified development of mobile home spaces or lots arranged on a tract of land of at least ten (10) acres, for the purpose of renting or leasing spaces that meet the requirements of this Code. A mobile home park is operated for the pecuniary benefit of the owner of the parcel of land on which it is located. 175. Mobile Home Space or Lot shall mean a parcel of land within a mobile home park designated by the management to accommodate one (1) mobile home and its accessory buildings, and to which the required sewer and utility connections are provided by the mobile home park. 176. Multi-Family Residential Use or Development. See "Dwelling, Multi-Family" above. 177. Neighborhood and Community Meeting: An informal meeting between the applicant and any interested citizens, involving communication among owners and occupants of nearby lands, applicants, and other residents who may be affected by development proposals. 178. Nightclub. An establishment licensed under C.R.S. § 44-3-401 et seq. for the sale and on-premises consumption of alcoholic beverages, providing entertainment including but not limited to live or recorded music, dancing, or performance, and operating primarily during evening and late-night hours. 179. Nighttime Curfew shall mean the time between 10 PM and 7 AM. For businesses and events with operating hours of 10 PM or later, nighttime curfew will begin one hour after closing to allow for safe egress. 180. Nonconforming Building or Structure shall mean a building or structure, not including signs, that was legally established prior to the effective date of this Code but that does not comply with the dimensional standards that apply within the zoning district in which the building or structure is located. 181. Nonconforming Lot shall mean a lot that was legally established prior to the effective date of this Code, but that does not comply with the dimensional standards that apply within the zoning district in which the lot is located. 182. Nonconforming Uses shall mean a use that was legally established prior to the effective date of this Code but that no longer complies with the use regulations that apply within the zoning district in which the use is located. 183. Nonessential Lighting. Lighting that is not directly associated with security, motor vehicle safety, and pedestrian threats, including but not limited to: landscape lighting, illuminated signage or advertising after business hours, façade lighting, vacant sports fields, and seasonal lighting. 184. Normal Maintenance shall mean that non-extraordinary maintenance carried out in any twelve (12) month period on a regular schedule necessary to preserve the safety and structural integrity of a nonconforming use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring, or plumbing. 185. Off-Site Improvement shall mean any utility, paving, grading, drainage, structure, or modification of topography that is, or will be located on property that is: (a) not within the boundary of the property to be developed, or (b) on or under any perimeter roadway surrounding the property to be developed. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 33 of 39 186. Off-Street Loading shall mean a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. 187. Off-Street Parking shall mean a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. 188. Open Areas shall mean any parcel or area of land or water essentially unimproved with any residential, commercial or industrial uses and set aside, dedicated or reserved for public or private use and enjoyment, including recreational, scenic or environmental purposes. Open areas may include agricultural uses and natural features located on a site, including but not limited to meadows, forested areas, steep slopes, flood plains, hazard areas, unique geologic features, ridgelines, unique vegetation and critical plant communities, stream corridors, wetlands and riparian areas, wildlife habitat and migration corridors, areas containing threatened or endangered species and archeological, historical and cultural resources. 189. Ordinary High Water Mark. See "High Water Mark," above. 190. Outdoor Activity shall mean any enterprise, operation or activity that occurs in an unroofed area as part of a permitted use on a lot and any outdoor display of materials, machinery, vehicles or things that may or may not be for sale or rent. 191. Outdoor Mobile Food Vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise, including, but not limited to, food or beverage, from any licensed vehicle. 192. Outdoor Storage shall mean the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. 193. Outlot shall mean a platted parcel of land which is typically intended as open space. Other uses or structures (such as stormwater facilities, parking lots, or private streets) may be allowed if specifically approved through the subdivision and/or development plan review process. Outlots are not subject to minimum lot size requirements. 194. Overall Access Management Plan shall mean a plan that depicts the post-development flow of vehicular access to a site and where such flow interfaces with existing or proposed pedestrian, bicycle, and adjacent public street traffic. 195. Overlay District shall mean a zoning district that encompasses one (1) or more underlying zones and that imposes additional or alternative requirements to those required by the underlying zone district. 196. Owner shall mean an individual, firm, association, syndicate, partnership or corporation having fee title to a parcel of land. 197. Parcel shall mean a contiguous area of land in the possession of, owned by, or recorded as the property of the same person or persons. 198. Parking Aisle shall mean the traveled way by which cars enter and depart parking stalls or spaces. 199. Parking Area shall mean any public or private area, under or outside a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets. 200. Parking Lot shall mean an off-street, ground-level open area for the temporary storage of motor vehicles. 201. Parking, Shared shall mean joint use of a parking lot or area for more than one (1) principal use. 202. Parking Space shall mean the space or area in which vehicles park in a private or public parking area. 203. Parking Structure shall mean a building or structure consisting of more than one (1) level and used to temporarily park or store motor vehicles. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 34 of 39 204. Parkway shall mean an area of grass or other living landscape materials between a road and a sidewalk (also referred to as a "tree lawn"). 205. Party-in-Interest shall mean a person or organization that has standing to appeal the final decision of a Decision-Making Body. Such standing to appeal shall be limited to the following parties: a. The Applicant; b. Any party holding a proprietary or possessory interest in the real or personal property that was the subject of the decision by the Decision-Making Body whose action is to be appealed; c. Owners of property located within five hundred (500) feet of the boundaries of the subject property, except for appeals of separate lot determinations; or (Ord. 8-05 #1) d. The Board as represented by the request of a single member of the Board. 206. Planned Unit Development shall mean a development of a property as a single entity for mixed residential/commercial purposes, in which the zoning regulations that would normally apply may be superseded by project-specific controls that allow a more sensitive and more economical arrangement of buildings and streets on the site. 207. Planning Commission shall mean the Estes Park Planning Commission ("EPPC"). 208. Pole Height: This is the mounting height of a luminaire, measured as the vertical distance from finished grade to the luminaire's horizontal centerline. 209. Porch shall mean a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. 210. Plat , Preliminary shall mean a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail according to these regulations to indicate the suitability of the proposed subdivision prior to detailed engineering and design. 211. Plat, Final shall mean a map of a land subdivision prepared according to applicable laws of the State of Colorado and these regulations, having the necessary affidavits for filing, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land. 212. Plat, Vacated shall mean a plat that is made legally null and void through the procedures described in this Code. 213. Point Light Source. The exact place from which illumination is produced from a luminaire (e.g., a light bulb filament or LED package), whether exposed to air or located behind a clear lens. 214. Pole Height. This describes the mounting height of a luminaire as measured in the vertical distance from finished grade up to the horizontal centerline of the luminaire. 215. Principal or Primary Entrance shall mean the place of ingress and egress used most frequently by the public. 216. Principal Use shall mean the primary or predominant use of any lot or parcel, such use possibly occurring in more than one (1) building or structure. Generally, the establishment of any one (1) use listed as permitted by right or conditionally in Chapter 4 of this Code (Tables 4-1 and 4-4) would constitute the establishment of a principal use on a given lot or parcel. 217. Professional Geologist shall mean, for purposes of preparation of a geotechnical or hazard mitigation report required by §6.5 of this Code, a person who is a graduate of an institution of higher education that is accredited by a regional or national accrediting agency with a minimum of thirty (30) semester hours (forty- five [45] quarter hours) of undergraduate or graduate work in a field of geology. The professional geologist DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 35 of 39 shall have post-baccalaureate training in geology, with a record of at least five (5) years of geological experience, including no more than two (2) years of graduate work. 218. Public Hearing shall mean a formal meeting held pursuant to public notice, intended to inform the public and to obtain public comment prior to taking action in accordance with this Code. 219. Qualified Designer means a land surveyor or engineer who has been duly licensed by the State of Colorado to perform the type of work involved. 220. Recreation, Active shall mean leisure-time activities, usually of a formal nature and often performed with others, requiring equipment, nonmotorized or otherwise, and taking place at prescribed places, sites or fields. Included activities are swimming, tennis, and other court games, baseball and other field sports, track, and playground activities. 221. Recreation, Passive shall mean leisure-time activities that involve relatively inactive or less energetic pursuits, such as walking, sitting, picnicking, card games, chess, checkers, and similar table games, and that typically do not require prescribed places, sites, courts, or fields. 222. Recreational Equipment shall include, but is not limited to, the following: boats, golf carts, all-terrain vehicles, snowmobiles, horse trailers, and jet skis. 223. Recreational Facility shall mean a place designed and equipped for the conduct of sports or passive and/or active recreational activities. 224. 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. 225. Retail Uses. See definition of "Retail Establishment" use classification in §13.2 above. 226. Retaining Wall shall mean a structure designed to resist the lateral displacement of soil or other materials in order to protect property and/or prevent erosion. 227. Review Body shall mean the entity (typically the Department or the Estes Park Planning Commission) that is authorized to recommend approval or denial of an application or permit required under this Code. 228. Ridge shall mean an elongated crest or series of crests of a hill. 229. Ridgeline shall mean a ground line located at the highest elevation of and running parallel to the long axis of the ridge. 230. Ridgeline Protection Area shall mean those areas designated as protected ridgelines on the Estes Valley Ridgeline Protection Map, plus the land located within one hundred (100) horizontal feet (plan view) on either side of the ridgeline . See definition of "Estes Valley Ridgeline Protection Map" above. 231. River or Stream Corridor shall mean the corridor defined by a river's or stream's ordinary high water mark. See "High Water Mark" above. 232. Schedule of Fees shall mean the list of charges adopted by resolution of the Board , and not a part of this Code, to cover the costs of administering the review, decision and/or appeal processes required by a development proposal, such costs to be borne by the Applicant, paid in advance, and subject to periodic revision by the Board . 233. Seasonal Lighting: Exterior or site lighting that is portable, temporary, decorative, and used in connection with national holidays and other cultural traditions. This includes, but is not limited to, string lighting, icicle lighting, and lighted inflatables, none of which are intended for general illumination. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 36 of 39 234. Sensitive Environmental Areas shall mean areas with one (1) or more of the following characteristics: (a) river and stream corridors; (b) wetlands; (c) steep slopes of twelve percent (12%) or greater; (d) soils classified as highly erodible, subject to erosion or highly acidic; (e) fault areas; (f) rock outcroppings; or (g) view corridors that present vistas to mountains and foothills, water bodies, open areas or other regions of principal environmental importance. 235. Setback shall mean the distance between the nearest lot line and the furthermost projection of a building or structure along a line at right angles to the lot line. Setback also refers to the horizontal distance (plan view) between the delineated edge of a wetland, designated ridgeline protection area, stream/river corridor, or wildlife habitat and the furthest projection of a building or structure. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in §1.8 of this Code. 236. Setback, Front shall mean a setback that extends across the full width of a site, the depth of which is the distance between the front property line and the furthermost projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in §1.8 of this Code. 237. Setback Line shall mean that line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed. See also "Building Line." 238. Setback, Rear shall mean a setback that extends across the full width of a site, the depth of which is the distance between the rear property line and the furthermost projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in §1.8 of this Code. 239. Setback, Side shall mean a setback on that portion of a lot that is not adjacent to a private or public street. It extends from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site. 240. Sidewalk shall mean a paved surface area usually paralleling and separate from the roadway, used as a pedestrian way. 241. Significant Tree shall mean any tree with a diameter at breast height (DBH) of eight (8) inches or more. 242. Site shall mean a lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accordance with the provisions of this Code, and is in a single ownership or has multiple owners, all of whom join in an application for development. 243. Site Specific Development Plan shall mean final approval or final conditional approval of a: (1) final subdivision plat (including a minor subdivision plat); (2) final PUD plan; or (3) development plan, which results in a vested right as provided in §24-68-101 et seq., C.R.S., as amended. 244. Sketch Plan shall mean a conceptual plan of a proposed development or subdivision for purposes of informal review that carries no vested rights or obligations. 245. Slope shall mean the deviation of a surface from the horizontal, usually expressed in percent or degrees. 246. Slope, Average shall mean the average slope of a parcel, expressed as a percentage, calculated using the following formula: S = 0.00229 × I × L ÷ A Where: S = average slope of the parcel, expressed as a percentage I = contour interval, in feet (two [2] feet for purposes of this calculation) L = combined length of all contour lines within the parcel, in feet DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 37 of 39 A = gross area of the parcel, in acres 247. Slope, Steep shall mean slopes that are twelve percent (12%) or greater. 248. Small Wind Energy Conversion System (SWECS). A wind energy conversion system consisting of a wind turbine with a swept area greater than fifteen (15) square feet and less than one hundred twenty-five (125) square feet, including appurtenant equipment, which is intended to primarily reduce on-site consumption of utility power. Such systems are accessory to the principal use or structure on a lot. 249. Solar Collector shall mean a device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal or electrical energy and is intended primarily to reduce on-site consumption of utility power. Such systems are accessory to the principal use or structure on a lot. 250. Special Review Use shall mean a use permitted in a zoning district subject to discretionary review and approval by the Decision Making Body. There are two types of Special Review Uses, S1 and S2. S1 applications are reviewed and approved by the judicial body. Planning Commission reviews and provides a recommendation for S2 applications. S2 applications are reviewed and approved by the judicial body. Special review uses are typically those that may have unique or widely varying operating characteristics, potential land-use impacts on adjacent properties, or unusual site development demands. 251. Specified Anatomical Areas shall mean any of the following that are less than completely and opaquely covered: (a) human genitals and pubic region; (b) buttocks; (c) the human female breast or breasts to a point immediately below the top of the areola; and (d) human male genitals in a discernibly turgid state even if completely and opaquely covered. 252. Specified Sexual Activities shall mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts. 253. Department shall mean the personnel of the Community Development Department . 254. Statement of Intent shall mean a document generally required with development and subdivision applications indicating and describing existing conditions, the development request, any requests for modifications or exceptions to the Code, vehicular and pedestrian access, vehicular and pedestrian circulation system, density, number of units, number of lots, acreage, land use, landscaping and maintenance plan, utilities, stormwater drainage and erosion control, and type and amount of impervious coverage. All points of noncompliance with applicable Code provisions, justification provided, are also generally included. 255. Stream Corridor. See "River or Stream Corridor" above. 256. Street shall mean any public or private thoroughfare which affords a principal means of access to abutting property, and includes such terms as public right-of-way, highway, road, drive, lane, court, and avenue. Driveways that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. 257. Street, Arterial shall mean any state or federal numbered highway, any street with a right-of-way width greater than sixty (60) feet, or any other street depicted as a "principal arterial" on the Estes Park Multi-Modal Transportation Plan. 258. Street, Collector shall mean a street that collects traffic from local streets and connects with arterials, and which is projected to average between one thousand one (1,001) and four thousand (4,000) vehicle trips per day at full development. 259. Street, Dead-end shall mean a local or private street with only a single means of egress and ingress. 260. Street, Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic, and which is projected to average between one hundred twenty-one (121) and one thousand (1,000) vehicle trips per day at full development. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 38 of 39 261. Street, Sub-Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic, and which is projected to average one hundred twenty (120) or fewer vehicle trips per day at full development. 262. Structural Alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. 263. Structure means anything constructed or erected, the use of which requires location on or in the ground, including buildings, mobile homes, billboards, swimming pools, tanks or the like, or part thereof. 264. Subdivider or Developer shall mean any person, firm, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision or development. 265. Subdivision shall have the meaning given in §30-28-101, C.R.S., and shall include any use of a parcel or building for condominiums. 266. Subdivision, Minor shall mean subdivision into a total of not more than four (4) lots, provided that each resulting lot fronts onto an existing dedicated public street and the subdivision entails no extension of municipal facilities. 267. Substantial Economic Hardship shall mean a denial of all reasonable economic use of a subject property. 268. Tiny Home Development shall mean a residential development consisting of dwelling units of [400] square feet or less in gross floor area, whether on individual lots or grouped around shared open space or facilities under unified ownership or management. Units may be site-built, modular, or factory-built, and shall comply with the applicable building code and, for factory-built or manufactured units, the Colorado Factory-Built Residential and Commercial Structures Act, C.R.S. § 24-32-3301 et seq. 269. Thread shall mean the centerline of the low-flow course of a stream. 270. Traffic Impact Analysis shall mean a report analyzing anticipated roadway conditions with and without an Applicant's development, and may also include a parking study and overall access management plan for the development site. 271. Trail and Trail Head shall mean a tract of land designated and used by the public for walking, hiking, biking, horseback riding, or other recreational activities, and a facility for the parking of motor vehicles that provides safe access to the trail. 272. Town shall mean the Town of Estes Park, Colorado. 273. Townhome Project shall mean a subdivision that divides land into individual lots, each containing no more than one (1) attached dwelling unit sharing a common wall with at least one adjacent unit, and may include platted outlots for common areas, open space, or shared infrastructure not part of an individual lot. 274. Underlying Zone District shall mean the zoning districts set forth in Chapter 3 of this Code, which divides Estes Park into zoning districts. 275. Use shall mean the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained. 276. Variance shall mean a grant by the Board of Adjustment permitting an owner to use a lot not wholly in accordance with the provisions of this Code because the BOA finds that strict conformance would be an unusual hardship not created by the owner, but depriving him or her of reasonable use of the lot. Such a grant specifies a minimum deviation or deviations from the regulations intended to cure the hardship but not create detrimental conditions affecting abutting property owners or the public at large. 277. Vegetation shall mean trees, grass, shrubs, or vines. DRA F T Created: 2024-09-16 09:26:54 [EST] (Supp. No. 22) Page 39 of 39 278. Vested Right shall mean the right to undertake and complete the development and use of real property under the terms and conditions of an approved site-specific development plan, as provided in Article 68 of Title 24, C.R.S., as amended. 279. Wetlands shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 280. Wildfire Setback shall mean a minimum distance required between a structure and a property line, slope, or wildland fuel to reduce wildfire risk and allow space for defensible space. Wildfire setbacks shall be applied together with the defensible space standards of the Colorado Wildfire Resiliency Code, C.R.S. § 24-33.5-1236, and shall not be construed to reduce them. 281. Workforce Housing shall mean a housing unit in which at least one household member is employed within the Estes Park School District R-3 Boundaries. 282. Xeriscape shall mean a landscaping method designed to reduce or eliminate the need for irrigation, utilizing drought-tolerant, native plants, and efficient design to conserve water. 283. Yard shall mean an open area on the same site as a structure, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this Code, including a front yard, side yard, or rear yard. See "Setback" above. DRA F T Development Code Update Draft Discussion July 28th, 2026 Attachment 2 Today’s Agenda Process Update Code Update Draft Discussion Next Steps 1 2 3 Process Update Development Code Update- Project Schedule Code Update Draft Discussion •New Zone District Additions •Permitted Uses, Definitions, and Standards Code Update Priority Areas Process Related Areas Topical Areas •Development Review Regulations and Process •Development Plan Criteria •Public Notice and Outreach •Minor Modifications and Minor Amendments •Code Consolidation and Navigation •Housing •Wildlife Habitat and Corridor Preservation •Wildfire, Flood, and Natural Hazard Prevention •Design Guidelines •Outdoor Lighting •Transportation and Parking •Signage Land Uses / Dimensions Process Related Areas Feedback Received •Provide clear and consistent criteria for when a development plan is required. •Introduce a “development plan lite” option with reduced submittal requirements for low-impact or small-scale projects to ensure proportionality in the review process. •Streamline review procedures to: −Reduce Town Board review of routine applications −Amend minor development plans, final plats, and subdivision amendments to be reviewed administratively −Utilize consent agendas to reduce review times while maintaining transparency. −Establish a clearer administrative pathway for "minor" review processes that would improve predictability and maintain regulatory compliance. This includes clarifying what qualifies as a minor modification and updating thresholds for staff approvals to eliminate redundant or unnecessary development review procedures. Current Development Review Regulations and Process R: Review Body DM: Decision-Making Body A: Appeals Code Section: § 2.1 - Code Administration and Review Roles Potential Updates Development Review Regulations and Process R: Review Body DM: Decision-Making Body A: Appeals Proposed Change * Consent Agenda * * 1.The development plan complies with all applicable standards set forth in this Code; and 2.The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. Current Development Plan Requirements: Standards for Review Proposed a.The modification does not fundamentally change the nature or character of the approved use or development. b.The change maintains existing impact levels or demonstrably reduces impacts on adjacent properties. c.There is no material increase in traffic generation, parking demand, noise, lighting, or other operational impacts. d.The change is consistent with the intent and findings of any prior land-use approval. e.The change maintains full compliance with all applicable development standards. f.The change is consistent with the existing character of the area and does not appear to conflict with neighboring uses." Department-Level Review Planning Commission* Review *If all of the criteria below is not met, it will be elevated from department-level review to Planning Commission review. Staff May grant minor modifications up to a maximum of ten percent (10%) from the following general development and zone district standards. Planning Commission May grant minor modifications up to a maximum of twenty-five percent (25%) Minor Modifications and Minor Amendments Minor Modifications •Minimum lot area and dimension requirements •Yard and building setback requirements •General development standards •Subdivision design standards Minor Amendments Staff: In evaluating whether a proposed amendment is minor or major, the Department shall consider whether the proposed modification: •Increases overall project density or intensity of development; or •Decreases the approved lot size or materially alters the approved lot configuration; or •Changes approved uses or the mix of uses; or •Increases building height or massing beyond that approved in the final plan; or •Expands established limits of disturbance or materially alters grading, drainage, or site circulation patterns; or •Materially affects approved infrastructure, including access, utilities, fire access, or stormwater facilities; or •Substantially modifies open space, landscape areas, or environmental protection areas; or •Results in a material deviation from the approved development plan, as determined by the Community Development Director. Code Consolidation and Restructuring Proposed 1: General Provisions 2: Code Administration and Review Roles 3: Review Procedures and Standards 2: Code Procedures and Review Roles 4: Zoning Districts 5: Use Regulations 6:Nonconforming Uses 7: General Development Standards 8:Signs 9:Planned Unit Developments 10:Subdivision Standards 11:Incentives and Development Provisions 12: Enforcement and Penalties 13:Definitions 14:Wireless Communication Facilities 1: General Provisions 3: Zoning Districts 4: Use Regulations 5: Nonconforming Uses 6: Development Standards 7: Design Guidelines 8:Planned Unit Developments 9:Subdivision Standards 10:Annexation 11:Signage 12:Wireless Communication Facilities 13:Definitions Topical Areas: Housing Feedback Received •Clearer, easier-to-find housing definitions and incentives •Wider range of “missing middle” housing types (duplexes, triplexes, townhomes, cottage courts, tiny homes) to diversify the housing stock without changing the character of established neighborhoods. •Allow by-right different housing types in certain zones instead of a housing overlay approach. •Prefer making incremental changes like lot split, lot coverage, and setback reduction, instead of decreasing lot area and increasing height. •Identified the workforce/attainable housing shortage as a crisis, with strong interest in expanding ADU opportunities on residential lots •Faster, more predictable review processes for smaller housing projects like ADUs, rather than requiring special review or CUP approval in every district. •Short-term rentals are a major factor influencing housing availability and affordability and removing naturally affordable housing from the market. Housing: Typologies Code Update: Aligning zoning and development regulations to support a wider range of housing types. •Zoning district standards (dimensional/density) and use-specific housing standards are now organized together, with clearer tables for each district and cross-references to detailed use standards. •New housing types defined and regulated: Cottage Clusters, Duplexes, Triplexes, Townhomes, Tiny Homes, Dormitory Housing, and Manufactured Homes. Code Update: Promoting infill and clustered development. •Zoning district standards (dimensional/density) are revised to accommodate infill housing like ADU’s and allow lot splits to create more housing stock. •New density bonus for clustered development while doing subdivision development. 1 2 Housing: Typologies Code Update:Exploring the expansion of permitted housing types such as ADUs and cottage courts. •Removed barriers for ADU development by adding a streamlined, fast- track review process and updating base zoning district standards. Code Update: Supporting small-scale and affordable housing development. •Non-conforming lots as small as 70% of the minimum lot size can still qualify by right if deed-restricted to attainable/workforce housing. •RM and Mixed-Use districts can reach up to 38 feet (from a 30-ft base) when 100% of units in a building are deed-restricted attainable or workforce housing. •Attainable/workforce housing developments in RM and Mixed-Use districts are eligible for up to 200% of base net density, with required 50-year deed restrictions or restrictive covenants. 3 4 Topical Areas: Wildlife Protection Feedback Received •Strong interest in protecting sensitive habitats, riparian areas, and wildlife corridors, with opposition to development in these areas. Be aware of fragmenting wildlife corridors. •Desire to update the 2008 Wildlife Assessment to better reflect current conditions. •Refine design and development standards in wildlife zones such as fencing, lighting, and building placement to ensure development does not negatively impact environmentally sensitive, terrestrial, and riparian areas and natural resources. •Requests to require Colorado Parks and Wildlife input during site plan approval, not just as an afterthought. •Consider designating the entire town as a wildlife and habitat protection area instead of a natural resources overlay. Wildlife & Habitat Protection Code Update: Designate wildlife areas and integrate the mapping of critical habitat and wildlife corridors into the review process. •Designates the entire Town of Estes Park as critical wildlife habitat, with mapped high-priority areas identified using Colorado Parks and Wildlife data. •Requires a Wildlife Conservation Plan for most new development, including a habitat and species inventory, impact analysis, and mitigation measures. Code Update: Refine design and development standards in wildlife zones—such as fencing, lighting, and building placement. •Limits new construction, grading, and landscaping to the approved Limits of Disturbance (LOD), which protects habitat and maintains wildlife corridor connectivity. •New fencing standards applicable town-wide: 40” maximum height, with 6-foot-wide wildlife passage openings every 50 feet; no barbed wire. Community Development Director to approve exceptions as per site needs and conditions. •Update requirements for wildlife-resistant (bear-proof) refuse containers in the municipal code, native/approved plant lists, and add new exterior lighting limits near habitat areas. 1 2 Wildlife & Habitat Protection Topical Areas: Natural Resource Protection Feedback Received •Merge the Landscaping section into a single, comprehensive "Tree Protection and Landscaping" section •Clearly link vegetation removal standards to fire mitigation and creation of defensible space. •Define planning staff as the primary decision-making authority for reviewing and approving vegetation management plans, in consultation with the fire district. •Integrate the approved plant list from the Estes Valley Fire Protection District •Preference for flexible design guidelines over rigid, one-size-fits-all requirements. •Desire to keep landscaping natural-looking and consistent with Estes Park’s mountain character, not overly manicured. •Update diagrams for clarity and communication of standards. Wildfire Mitigation Code Update: Align the code with state-level wildfire mitigation strategies •The entire Town is classified as a high-risk zone, and all development must meet structure-hardening and site design standards from the Colorado Wildfire Resiliency Code. •Wildfire hazard areas are identified through an official Community Wildfire Protection Plan map (adopted by the Estes Valley Fire District), plus any areas flagged by the Colorado State Forest Service or County Wildfire Safety Specialist. Code Update: Establish clear, enforceable standards for wildfire mitigation in new and existing development •New subdivisions, larger multi-family or commercial buildings (over 5,000 sq ft), and any project the Fire Marshal flags as higher risk must submit a Wildfire Hazard Mitigation Plan showing site layout, vegetation, and fire-resistant design. •Smaller or lower-risk projects can get a waiver from the full mitigation plan if the Community Development Director and Fire Marshal agree the project doesn't increase wildfire risk. •All new construction must include defensible space around structures, consistent with the Colorado Wildfire Resiliency Code's Home Ignition Zone guidance. Code Update: Incorporate landscaping best practices •Ties directly into the Landscaping and Tree Protection standards; vegetation removal for fire safety is allowed even where it would otherwise conflict with tree preservation rules. 1 2 3 Topical Areas: Design Guidelines Feedback Received •Introduce design guidelines only for commercial and multi-family buildings. •Preference for flexibility — guidelines that focus on roof lines, materials, and scale rather than dictating a single “correct” style. •Concern about taller, bulkier buildings changing the look and feel of downtown and blocking mountain views. •Clear preference for smaller lot sizes than tall buildings. •Guidelines are meant to be forward-looking and apply to new development only, not existing buildings. •More prescriptive standards are generally supported where safety, wildlife protection, and viewshed preservation are involved. •Emphasis on pedestrian experience, active ground-floor uses, entrances along the street, landscaping, and stormwater integration. Design Guidelines Code Update: Adopt design guidelines for commercial and multi-family development Introduces guidelines supported with imagery based on the parameters below: •Site planning and how buildings relate to the street •Fitting in with the neighbors •Parking and circulation •Building form, mass, and scale •Materials and colors •Lighting, service, and mechanical areas •Remodels and flexibility Code Update: Clarify definitions and standards •Creates a new, standalone Design Guidelines chapter for new commercial, industrial, and multi-family development, as well as major remodels in which more than half of a building’s exterior or site is being changed. •Does not apply to single-family or duplex homes, or to minor exterior changes that don’t affect a building’s overall look or layout. 1 2 Topical Areas: Parking Feedback Received •Consider parking concessions for multi-family affordable housing developments. •Count electric vehicle parking spaces towards the site’s parking requirements. •Explore off-site parking and shared parking provisions to allow efficient use of the site. •Flexibility preferred for parking location and screening, with prescriptive requirements tied to safety, such as sight triangles. •Prioritize solid wall screening of parking facilities, loading zones, and stacking/drive-through lanes from public streets and rights of way. •Align parking regulations and short-term rental rules. •Add more detailed regulations around bicycle parking, rack locations, design, number of spaces required. Parking Code Update: Amend residential parking standards to reflect actual demand •Sets clear per-unit parking minimums by housing type, instead of a one-size-fits-all number. •Allows a reduced parking requirement (50%) for attainable and workforce housing. Code Update: Align parking regulations and short-term rental rules. •Establishes separate parking categories for low- and high-intensity accommodations, each with its own minimum. •Ties parking requirements to occupancy size to better match demand. Code Update: Evaluate hard surface requirements •Opens the door to pervious paving systems as an approved surface option, supporting stormwater management and reducing runoff. •Continues to require paved (or approved hard-surface) parking areas for most development, but allows unpaved or aggregate surfacing for trailheads. Code Update: Update shared parking and off-street parking provisions •Allows shared parking between uses with different peak hours. •Permits off-site parking within 600 feet of a use. •Let’s bike parking and EV charging spaces count toward a portion of the minimum parking requirement. 1 2 3 4 Topical Areas: Outdoor Lighting Feedback Received •Outdoor lighting is seen as an important part of protecting Estes Park’s community character and its dark night skies. •Strong interest in warm-white light sources and shielded fixtures to cut down on glare and light pollution. •Consider the assignment of lighting zone designations so that appropriate light levels can be referenced for commercial and retail areas versus residential or wilderness. •Add requirements for shielding, trespass, flag illumination, and pole heights; more information should be listed about the correlated color temperature (CCT) of lamp sources and curfew hours. Outdoor Lighting Code Update: Designate lighting zones with varying intensities to protect community character •Divided into two lighting zones - LZ1 and LZ2 - each with its own brightness limits tailored to the area’s character. Code Update: Refine and detail standards relating to light sources, locations, and types •Cap on how much light can spill onto neighboring properties. •Sets brightness limits on total property lighting and individual fixtures. •Requires fixtures to be fully shielded and aimed downward. •Cap on the color temperature of the lighting fixture. •Sets curfew for non-essential outdoor lighting. 1 2 Topical Areas: Signage Feedback Received •Integrate sign code from the Municipal Code into the Development Code. •Update standards for neon, LED, and other illuminated signage to reflect current best practices and emerging technologies. •Ensure signage regulations support dark sky principles by minimizing light pollution, glare, and excessive illumination. •Provide greater flexibility for government and public signage to allow for necessary communication while maintaining overall aesthetic standards. •Add more standards for new sign types. Signage Code Update: Integrate the Sign Code into the Development Code. •Consolidated definitions, intent, and permitting process into one chapter, cross-referenced to related Development Code sections. •Added unified appeals/variance process routing through the Board of Adjustment and Board of Trustees. Code Update: Update standards for neon, LED, and other illuminated signage. •New rules for neon-style signs: size, count, and area limits. •Prohibit EMC (electronic message board) sign types and added standards for nonconforming EMC’s. •Set max color temperature (K) for internally and externally lit signs. Code Update: Support darksky principles by minimizing light pollution. •Nighttime curfew •Banned beacons, searchlights, and skyward-directed lights. •Required shielding/downward aiming so that light sources aren’t visible from the street. •Illuminated signs are banned in residential zones Code Update: Greater flexibility for government and public signage. •Broadened exemption for government, school, utility, and special district signs. Code Update: Add more standards for sign types. •New categories added: feather flags, figurative signs 1 2 3 4 5 Land Uses/ Dimensions Feedback Received •Consider restructuring each zone district section to consistently include an intent statement, permitted and conditional uses, and dimensional standards, with zone-specific graphics. •Consolidate permitted and conditional uses across all districts into a comprehensive Master Use Table for ease of reference and consistency. •Conduct a thorough comparison of all existing zone districts against the Comprehensive Plan, identifying potential to rename or reclassify districts to better reflect current land-use goals. •Add a mixed-use district zone to enable a true mix of uses. •Need a separate zone to govern public facilities and buildings, more on the lines of an institutional zone district. •Strong interest in protecting sensitive habitats, riparian areas, and wildlife corridors; opposition to development in these areas. Hence, need a dedicated open space zone district. New Zone District Addition: Mixed-use Zoning District Consider areas in the Town for a mixed-use zone district to implement the Mixed-Use Centers & Corridors future land use. •New MU Mixed-Use District — a base zoning district, not just an overlay, for medium- to high-density development that blends residential, commercial, and complementary civic/employment uses along major corridors. Update the zoning code to include land uses and building forms not previously considered, to respond to new housing trends and mixed- use development needs. •Explicitly permits multiple use combinations on one lot/structure: multiple commercial or industrial uses together, residential + commercial combined, vertical mixed-use, and horizontal mixed-use with shared access, parking, and infrastructure. •Pedestrian-oriented design required — street-facing buildings, defined entrances, parking minimized and pushed to the side/rear. •Eligible for the new attainable/workforce housing density bonus (up to 200% of base net density). 1 2 New Zone District Addition: Public Facilities Zoning District Consider a separate zone district for government facilities, parks, and recreation structures •New PF Public Facilities District established for government buildings, schools and other institutional uses, and parks/recreation facilities, reflecting the community’s need for public services and open space. •Requires compatibility with surrounding uses through site design, landscaping, and buffering standards. •Subject to the same pedestrian amenity and linkage requirements (sidewalks, internal walkways) applied across nonresidential districts. 1 New Zone District Addition: Open Space and Natural Areas Zoning District Consider a dedicated zone for open space preservation •New OS Open Space and Natural Areas District — the first zoning district in the Code dedicated to open space and recreation land, preserving natural landscapes, scenic viewsheds, wildlife habitat, and environmentally sensitive areas while allowing passive and active recreation. Add standards for the zoning district to protect natural areas and allow limited development and land uses •New structures limited to those accessory to park/recreation use— restrooms, trailheads, picnic shelters, signage, concessions, and maintenance facilities only. •Natural Open Space Preserve areas must prioritize conservation; development is limited to trails, interpretive features, and minimal infrastructure. •Parking limited to the minimum necessary, with required landscape buffering and low-impact development techniques to reduce stormwater runoff. 1 2 Next Steps Next Steps •50% Code Draft Review (July/August) •Community Conversations Deliberations (August) •90% Code Drafting (September/October) •Code Adoption (Planning Commission and Town Board Meetings) (October- December) •Online Questionnaire & Project Website Updates (Ongoing) Thank you! Town Clerk <townclerk@estes.org> For Trustees for July 28 study session 1 message Rebecca Urquhart <rebecca.l.urquhart@gmail.com>Sun, Jul 26, 2026 at 2:08 PM To: Town Clerk <townclerk@estes.org> Cc: Eric Krohngold <ekrohngold@designworkshop.com>, Dan Kramer <dkramer@estes.org> Please consider my comments on the specified draft EP Code draft: 2.3 a. a pre-application conference for text amendment is excluded. If it is for re-zoning (2.16), a conference should be required. 2.11 I recommend a definition of "conditional use"defined. Later on, "special use". is sort of defined, but most lay people will not know what that is. 2.14 c. A clause notes that failure to send or receive a notice of a public meeting not invalidate (will not affect the "review” and “decision"). Don't disagree with failure to receive.. that would be a problematic burden on an applicant ... people change addresses, don't get their mail, etc. But proof of sending and publishing a notice should be mandatory. 2.16 (rezoning) D.1. "The amendment is consistent with and furthers the goals, policies, and Future Land Use Plan of the Comprehensive Plan, as amended, and other policies and plans adopted by the Town. " This should be limited to zoning changes initiated by motion of the Planning Commission or the Trustees. I recommend it be revised to read: a. for zoning changes initiated by by motion of the Estes Park Planning Commission or by by request of the Board of Trustees; the amendment is consistent with and furthers the goals, policies, and Future Land Use Plan of the Comprehensive Plan, as amended, and other policies and plans adopted by the Town. b. For zoning changes initiated by application for a rezoning by a Private Party, owner(s), or by a designated Owner’s Representative of the property for which the rezoning is requested, unless the application is to correct a technical error in the Official Zoning Map, the rezoning must be necessary to address a change in conditions or circumstances in the immediate vicinity of the amendment area. "Changes of condition" is defined as physical or use changes in om properties only within the notification boundary set forth in §2.14, General Notice Provisions, and shall not include changes or to address economic, use or physical conditions throughout the Estes Valley. Consistency with the Comprehensive Plan should not result in mandatory approval. The Plan is only advisory. In the recent past, the Board has taken one sentence that says that reducing the size of lots in certain zones may be a way to increase housing, but the committee never intended for that to say all large lots could be re-zoned to quarter acres. Members report it was just one suggestion, to be applied in appropriate areas. Furthermore, the committee that developed the Comp Plan never saw the final map of zoning that is posted, and the definitions. That was done by staff, and is by no means a mandatory plan. Another example of a disconnect is the recent code amendment defining PUDs. The map where PUDs were considered has far fewer parcels suggested than the definition adopted allows for that use. At this point, I have no comment on the rezoning table. It remains to be seen how the residents of E (now half acre), feel about rezoning to1/4 acre. Rebecca Urquhart Homestead Lane Public Comment Received 2026-07-26 Town Clerk <townclerk@estes.org> Fwd: Signage Update in Development Code Draft make Ordinance 15-25 permanent 1 message Jackie Williamson <jwilliamson@estes.org>Tue, Jul 28, 2026 at 9:55 AM To: Town Clerk <TownClerk@estes.org> Please include in the packet for tonight and print out for the Trustees. Jackie ---------- Forwarded message --------- From: bgdenning <bgdenning@protonmail.com> Date: Mon, Jul 27, 2026 at 12:45 PM Subject: Signage Update in Development Code Draft make Ordinance 15-25 permanent To: <trustees@estes.org>, Steve Careccia <scareccia@estes.org>, Travis Machalek <tmachalek@estes.org>, Gary Hall <ghall@estes.org> Cc: Jackie Williamson <jwilliamson@estes.org>, Brian George <scotssportinggoods@gmail.com> Hello Mayor, Trustees, Travis, and Steve, I am writing ahead of tomorrow’s Study Session on the Development Code Update to urge that the temporary suspension of feather flag signs under Ordinance 15-25 be made permanent.The current Development Code Draft (Chapter 11.10, Prohibited Signs, page 13) still lists feather flag signs as prohibited, except as temporarily authorized by the Department. Ordinance 15-25 suspended that prohibition (outside residential and Downtown Commercial districts) from September 2025 through January 6, 2027. Permanent adoption was discussed in meetings leading up to the ordinance last year.Making this change permanent is a reasonable way to continue supporting businesses outside the downtown commercial district. As a local business owner, I can confirm these signs remain an effective tool for attracting customers.The full text of Ordinance 15-25 is attached for reference. Respectfully, Brian Denning ORDINANCE NO. 15-25 AN ORDINANCE TEMPORARILY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL CODE TO TEMPORARILY REGULATE RATHER THAN PROHIBIT FEATHER FLAG SIGNS WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado, to temporarily allow feather flag wind signs in certain areas, and to provide regulations for the duration they are allowed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The prohibition of wind signs under section 17.66.060(8) of the Municipal Code is temporarily suspended to the extent described in this Ordinance. Section 2: The suspension applies only to feather flag signs, defined as follows: Feather flag means a freestanding, temporary fabric sign intended to be inserted directly into the ground or into a mounting device that sits on the ground, often with a feather-like shape. Other common names for feather flags include blade flags, sail flags, quill flags, flutter flags, feather banners, teardrop banners, and sail banners. (see figure below) Section 3: During the period of suspension, feather flags shall be exempt from the requirement of a sign permit in section 17.66.041(a). Section 4: The suspension shall not apply within any residential zoning district, nor the Downtown Commercial district. Section 5: For the duration of the suspension, feather flags shall meet the following requirements, which shall be considered part of chapter 17.66. Violation of any of the following shall be considered a violation of the Municipal Code and subject to enforcement under section 17.66.230: Attachment 1 Public Comment Received 2026-07-27 a. No lot may contain more than one feather flag. b. Feather flags shall be included in calculations of maximum signage or sign area for the purposes of other code provisions, and shall be considered freestanding signs. c. No feather flag may exceed 12 feet in height. d. No feather flag may stand closer than 12 feet to any street, alley, or sidewalk. Section 6: All other provisions of the Municipal Code and Development Code relevant to signs or structures, or which are pertinent by their own terms, shall apply to feather flags. Section 7: This suspension shall be effective through January 6, 2027unless earlier terminated or extended by the Board of Trustees. Upon conclusion of the suspension, all feather flags will once again be prohibited and must be removed. This Ordinance shall establish no right or expectation that a feather flag may remain on any property within the Town beyond the period of the suspension, and no right or expectation that the suspension will ultimately be of any particular duration. Section 8: 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 26th day of AUGUST, 2025. -- Jackie Williamson Town Clerk/HR Director Town Clerk's Office and Human Resources Town of Estes Park 970-577-4771 - Work 970-577-4777 - Town Clerk's Office smime.p7s 2K The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Finance Director Zimmerman Department: Finance Date: July 28, 2026 Subject: Public Safety Facility Financing Purpose of Study Session Item: Present to the Town Board a financial overview of the funding options and proposed timeline for constructing a new Public Safety Facility. Town Board Direction Requested: Provide feedback and direction regarding the preferred funding mechanism and timeline for issuing debt to finance the project. Present Situation: During the June 24, 2025, Study Session, staff presented information regarding the relocation of the Police Department from the existing Town Hall facility to a newly constructed, stand-alone Public Safety Facility. The discussion included: • Recommended square footage for the new facility • Financing options • Ballot and election timeline Since that meeting, the proposed location for the new facility has been identified on Town-owned property near the Events Center. The Town Administrator was also directed to meet with the Estes Valley Fire Protection District (EVFPD) to discuss recently adopted state legislation that authorizes fire protection districts to seek voter approval for a sales tax dedicated to operations. If approved, this would allow the EVFPD to replace the Town's current sales tax allocation that supports district operations. Based on subsequent EVFPD Board discussions, the District is planning to place a sales tax measure on the November ballot. Proposal: If the EVFPD ballot initiative is approved, the Town's financing strategy would change from the options presented during the June 24, 2025, Study Session. Rather than relying on new sales tax revenues to secure debt, the Town could utilize existing available revenues, allowing the project to be financed through Certificates of Participation (COPs) instead of Sales Tax Revenue Bonds. While COP financing is expected to increase issuance costs by approximately $160,000, primarily due to higher underwriting expenses, it provides the Town with greater flexibility by eliminating the need for a new Town sales tax. Overall issuance costs are influenced by several factors, including market conditions, underwriting spreads (basis points), collateral valuation, insurance requirements, and bond rating. The following debt issuance assumptions are proposed: ASSUMPTIONS Total Project Cost Estimate (Design, Construction, Barn Re- location if necessary) $ 34,500,000 Interest Rate 5.0 - 5.25% ^ Cost of Issuance (est) $455,400 - 460,000 Term 30 years Construction Start Date Summer 2027 Sources of Funding: Transfer to EVFPD $ 1,280,000 Design Grant $ 91,000 Congression District DOLA Grant $ 1,000,000 Town Reserves $ 1,500,000 2028 COP maturity - Event Center $ 517,272 * 2033 Lease maturity - Parking Garage $ 399,932 * ^Assuming A+ Bond Rating *Annual debt service savings The first step is to determine the annual debt payment that the Town’s existing revenues can support. Then the Town’s financial advisor, Hilltop Securities, provided calculations for how much can be borrowed based on interest rate projections in the fall of 2027. The following financing scenarios were provided: CERTIFICATES OF PARTICIPATION Scenario 1 Scenario 2 Scenario 3 $34M & 5% Max borrow 5.25% $34M & 5.25% Debt (par) Amount 31,860,000 31,080,000 31,860,000 Grant Funds 1,100,000 1,100,000 1,100,000 Town Reserve 1,500,000 1,500,000 1,500,000 Total Source of Funds $ 34,460,000 $ 33,680,000 $ 34,460,000 Project Costs 34,000,000 33,224,600 34,000,000 Cost of Issuance 300,700 300,000 300,700 Underwriter's Discount 159,300 155,400 159,300 Total Use of Funds $ 34,460,000 $ 33,680,000 $ 34,460,000 Issuance Date 9/15/2027 9/16/2027 9/17/2027 Interest Rate 5.00% 5.25% 5.25% Maximum Annual Debt Service 2,186,750 2,197,163 2,252,150 Maximum Total Repayment 63,879,050 64,189,195 65,795,790 Limitations Town to make 2027 Debt payment of $336,300 Town to make 2027 Debt payment of $344,470 Town pays $353,115 in 2027 and $50K annually Advantages: If the EVFPD ballot measure is successful, the Town will have a limited timeframe to assemble the financing team, including bond counsel, the underwriting team, financial advisor, and credit rating agencies, to remain on schedule for a 2027 debt issuance. Assuming favorable market conditions and an interest rate of approximately 5.0% or lower, the proposed financing would afford sufficient funding for both the new Public Safety Facility and reconstruction of the existing barns if necessary. Budget Amendment No. 2, presented on tonight's agenda, proposes an additional $300,000 contribution to the Police Facility Reserve. These funds would help offset the initial 2027 debt service payment and further demonstrate the Town's financial commitment to the project. Staff also recommends considering the establishment of a Revenue Stabilization reserve with any year-end surpluses. Stronger reserve levels can improve the Town's credit profile, potentially resulting in a higher bond rating and lower long-term borrowing costs. Disadvantages: If the Town does not provide timely direction on proceeding with the project, financing opportunities may be delayed or become less favorable due to changing interest rates and market conditions. In addition, insufficient funding could require the Town to reduce the project scope or identify alternative funding sources. Finance/Resource Impact: Project costs and the associated debt financing will be incorporated into the proposed 2027 Budget and future Capital Improvement Program planning . Level of Public Interest: High Attachments: 1. Financing Scenarios Annual Debt Service 2. Presentation – Public Safety Facility Financing 3. Presentation – Proposed Project and Design Update Town of Estes Park, Colorado Financing Scenarios for New Police Headquarters Building First Interest Payment in 2027 Certificates of Participation Financing Sources Summary Par Amount $31,860,000 $31,080,000 $31,860,000 Grant Funds 1,100,000 1,100,000 1,100,000 Town Funds 1,500,000 1,500,000 1,500,000 $34,460,000 $33,680,000 $34,460,000 Uses of Funds Summary Project Fund $34,000,000 $33,224,600 $34,000,000 300,700 300,000 300,700 Underwriter's Discount 159,300 155,400 159,300 Total Use of Funds $34,460,000 $33,680,000 $34,460,000 Finance Statistics Dated Date 9/15/2027 9/15/2027 9/15/2027 Interest Rate 5.00%5.25%5.25% $2,186,750 $2,197,163 $2,252,150 Maximum Total Repayment $63,879,050 $64,189,195 $65,795,790 Annual Debt Service Year Revenues Revenues Revenues Total Series 2027 Revenues Series 2027 Revenues Series 2027 Revenues 2027 336,300 (336,300) 344,470 (344,470) 353,115 (353,115) 2028 1,280,000 517,272 1,797,272 1,788,000 9,272 1,796,700 572 1,842,650 (45,378) 2029 1,280,000 517,272 1,797,272 1,788,250 9,022 1,793,038 4,235 1,838,725 (41,453) 2030 1,280,000 517,272 1,797,272 1,788,000 9,272 1,794,113 3,160 1,839,538 (42,266) 2031 1,280,000 517,272 1,797,272 1,787,250 10,022 1,794,663 2,610 1,839,825 (42,553) 2032 1,280,000 517,272 1,797,272 1,786,000 11,272 1,794,688 2,585 1,839,588 (42,316) 2033 1,280,000 517,272 399,932 2,197,204 2,184,250 12,954 2,194,188 3,017 2,248,825 (51,621) 2034 1,280,000 517,272 399,932 2,197,204 2,182,000 15,204 2,197,163 42 2,251,013 (53,809) 2035 1,280,000 517,272 399,932 2,197,204 2,183,250 13,954 2,193,300 3,904 2,251,363 (54,159) 2036 1,280,000 517,272 399,932 2,197,204 2,182,750 14,454 2,192,863 4,342 2,249,875 (52,671) 2037 1,280,000 517,272 399,932 2,197,204 2,185,500 11,704 2,195,588 1,617 2,251,550 (54,346) 2038 1,280,000 517,272 399,932 2,197,204 2,186,250 10,954 2,196,213 992 2,251,125 (53,921) 2039 1,280,000 517,272 399,932 2,197,204 2,185,000 12,204 2,194,738 2,467 2,248,600 (51,396) 2040 1,280,000 517,272 399,932 2,197,204 2,186,750 10,454 2,196,163 1,042 2,248,975 (51,771) 2041 1,280,000 517,272 399,932 2,197,204 2,186,250 10,954 2,195,225 1,979 2,251,988 (54,784) 2042 1,280,000 517,272 399,932 2,197,204 2,183,500 13,704 2,196,925 279 2,247,375 (50,171) 2043 1,280,000 517,272 399,932 2,197,204 2,183,500 13,704 2,196,000 1,204 2,250,400 (53,196) 2044 1,280,000 517,272 399,932 2,197,204 2,186,000 11,204 2,192,450 4,754 2,250,538 (53,334) 2045 1,280,000 517,272 399,932 2,197,204 2,185,750 11,454 2,196,275 929 2,247,788 (50,584) 2046 1,280,000 517,272 399,932 2,197,204 2,182,750 14,454 2,196,950 254 2,252,150 (54,946) 2047 1,280,000 517,272 399,932 2,197,204 2,182,000 15,204 2,194,475 2,729 2,248,100 (50,896) 2048 1,280,000 517,272 399,932 2,197,204 2,183,250 13,954 2,193,850 3,354 2,250,900 (53,696) 2049 1,280,000 517,272 399,932 2,197,204 2,186,250 10,954 2,194,813 2,392 2,250,025 (52,821) 2050 1,280,000 517,272 399,932 2,197,204 2,185,750 11,454 2,192,100 5,104 2,250,475 (53,271) 2051 1,280,000 517,272 399,932 2,197,204 2,186,750 10,454 2,195,713 1,492 2,246,988 (49,784) 2052 1,280,000 517,272 399,932 2,197,204 2,184,000 13,204 2,195,125 2,079 2,249,563 (52,359) 2053 1,280,000 517,272 399,932 2,197,204 2,182,500 14,704 2,195,338 1,867 2,247,675 (50,471) 2054 1,280,000 517,272 399,932 2,197,204 2,182,000 15,204 2,196,088 1,117 2,251,325 (54,121) 2055 1,280,000 517,272 399,932 2,197,204 2,182,250 14,954 2,192,113 5,092 2,249,988 (52,784) 2056 1,280,000 517,272 399,932 2,197,204 2,183,000 14,204 2,193,413 3,792 2,248,663 (51,459) 2057 1,280,000 517,272 399,932 2,197,204 2,184,000 13,204 2,194,463 2,742 2,247,088 (49,884) Total 38,400,000 15,518,160 9,998,300 63,916,460 $63,879,050 $37,410 $64,189,195 ($272,735)$65,795,790 ($1,879,330) Scenario 3: $34 Million Project Fund - 5.25% Interest Rate Scenario 3 Scenario 1: $34 Million Project Fund - 5.00% Interest Rate Scenario 1 Scenario 2: Borrowing Capacity from Available Revenues - 5.25% Interest Rate Scenario 2 6/11/2026 Attachment 1 We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Public Safety Facility Financing JULY 28, 2026 STUDY SESSION New Public Safety Facility Funding We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Attachment 2 Financing: Determining funding mechanism 2 CERTIFICATES OF PARTICIPATION PURPOSE: •Tax-exempt lease financing for local governments •Funds essential government real estate ADVANTAGES: •No voter approval; building serves as collateral •Fast to market, independent of election cycles •Preserves debt capacity; not classified as long-term debt DISADVANTAGES: •Slightly higher interest rates (no dedicated revenue) •Higher financing costs; lease payments can be halted Financing: Determining annual contribution ASSUMPTIONS Total Project Cost Estimate (Design, Construction, Barn Relocation if necessary)$34,500,000 Interest Rate 5.0 - 5.25%^ Cost of Issuance (est)460,000 Term 30 years Construction Start Date Summer 2027 3 Financing: Determining annual contribution 4 Sources of Funding: Transfer to EVFPD $ 1,280,000 Design Grant $ 91,000 Congression District DOLA Grant $ 1,000,000 Town Reserves $ 1,500,000 2028 COP maturity - Event Center $ 517,272 * 2033 Lease maturity - Parking Garage $ 399,932 * ^Assuming A+ Bond Rating *Annual debt service savings Financing: Determining borrowing capacity 5 CERTIFICATES OF Scenario 1 Scenario 2 Scenario 3 PARTICIPATION $34M & 5%Max borrow 5.25%$34M & 5.25% Debt (par) Amount 31,860,000 31,080,000 31,860,000 Grant Funds 1,100,000 1,100,000 1,100,000 Town Reserve 1,500,000 1,500,000 1,500,000 Total Source of Funds 34,460,000$ 33,680,000$ 34,460,000$ Project Costs 34,000,000 33,224,600 34,000,000 Cost of Issuance 300,700 300,000 300,700 Underwriter's Discount 159,300 155,400 159,300 Total Use of Funds 34,460,000$ 33,680,000$ 34,460,000$ Interest Rate 5.00%5.25%5.25% Maximum Annual Debt Service 2,186,750 2,197,163 2,252,150 Maximum Total Repayment 63,879,050 64,189,195 65,795,790 Limitations 2027 Debt payment $336,300 2027 Debt payment $344,470 2027 Debt pymt $353,115 & $50K/yr Financing: Determining next steps 2026 QTR 4 •Finalize project scope 2027 QTR 2 •Town Board financing approval •Offering documents prepared 6 2027 QTR 1 •Financial advisor •Bond Counsel •Ratings preparation 2027 QTR 3 •Fund closing •Construction payments We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Public Safety Facility Financing JULY 28, 2026 STUDY SESSION New Public Safety Facility Funding We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Proposed New Public Safety Facility P RO P O S E D P ROJ ECT A N D D E S I G N U P DAT E JULY 28, 2026 STUDY SESSION New Public Safety Facility Funding We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Attachment 3 New Public Safety Facility: The Need •Current Facility: •Built originally as elementary school in 1930s •Police Department moved into current location in 1974 (52 years ago) •No significant capital improvements in 52 years •Space is well beyond its useful life •Critically undersized – currently 7,000+/- sq. ft. •Generally, use approximately 13,000 sq. ft. across Town facilities •Key Deficiencies •Parking is not secure or segregated from tourists/ visitors •Inadequate physical controls to safely transfer arrestees from vehicle to holding cells (sally port) •Inadequate secure and integrated evidence storage •Lack of integrated EOC and Communications/ Dispatch functions •Town Facilities Master Plan (2022) 2 Preferred Site •Northwest Side of Community Drive and Manford Avenue •3.9 acres of 17 acre Town-owned non- deed restricted property •Approved by Town Board as preferred site in March 2026 •Final approval of construction, budget, financing and design elements pending 3 The Proposed Facility and Work to Date •30,000 square foot facility •Site planning and programmatic analysis completed •Conceptual Designs completed •RFQ/ RFP for Design Services •Proposal received April 8, 2026 •Recommended contract presented to Town Board in August 2026 •Potentially defer parking work that would displace Events stall barns Right click on photo to swap out image (delete this box) Grant Funding to Date •Congressionally Directed Spending/ USDA Grant Award •$1 million •Pending Town Board action on IGA •Colorado Department of Local Affairs – Design Services •$100,000 award/ $100,000 local match •Town Board action in August •Congressionally Directed Spending Request •$3 million for Event Barns relocation and reconstruction •Pending Federal Appropriations Committee action •Town commitment to site and project grows with each action pertaining to grant awards 5 Proposed New Public Safety Facility - Timeline 6 We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Proposed New Public Safety Facility P RO P O S E D P ROJ ECT A N D D E S I G N U P DAT E JULY 28, 2026 STUDY SESSION New Public Safety Facility Funding The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Future Study Session Items August 11, 2026 • Visit Estes Park Dark Sky Ordinance • Administrative Regulations Enforcement Process • Policy 102 (Town Committees) Liaison Review • Policy 102 (Town Committees) Focus Groups Draft August 25, 2026 • Micromobility Overview • Downtown Plan Approach • Annexation of Enclaves Follow Up • Parking License Plate Recognition Policy September 8, 2026 • Winter Event Strategy Proposal • Seasonal Housing Issues September 22, 2026 • Black Canyon Treatment Plant Property • Growth Management Areas Overview Items Approved - Unscheduled • Overview of Fish Hatchery Project to Date • Façade and Sidewalk Improvement Program Proposal • Structure of Potential Development Agreement with Whimsadoodle and the Estes Park Housing Authority for Cleave Street Development • Liquor License Process Items for Town Board Consideration • FEMA Floodplain Map Adoption Process • Parks and Open Space Master Plan