HomeMy WebLinkAboutORDINANCE 21-110
ORDINANCE NO.21-11
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE
NONCONFORMING USES,STRUCTURES,
TO ADDRESS
NONCONFORMING ACCESSORY DWELLING UNITS
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WHEREAS,the Estes Valley Planning Commission has recommended an amendment to the
Estes Valley Development Code;and
WHEREAS,said amendments to the Estes Valley Development Code are set forth on Exhibit
‘A”attached hereto and incorporated herein by this reference;and
WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the
best interest of the Town that the amendments to the Estes Valley Development Code,set forth on
Exhibit “A”and recommended for approval by the Estes Valley Planning Commission be approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1:
on Exhibit “A.’
Section 2:
adoption and publication.
The Estes Valley Development Code shall be amended as more fully set forth
This Ordinance shall take effect and be enforced thirty (30)days after its
THE TOWN OF ESTES
I hereby certify that the above Ordinance was introduced and read at a
Board of Trustees on the 2O day of December,2011 and published in a
circulation in the Town of Estes Park,Colorado,on the S°day of —
2011,all as required by the Statutes of the State of Colorado.
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c.
J c ie Williamson,Town Clerk
CHAPTER 6 AND LOTS
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF
PARK,COLORADO,THIS 20th DAY OF DECEMBER,2011.
ATTEST:
Clerk
Mayor
regular meeting of the
newspaper of general
cm a
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ORDINANCE 21-11
EXHIBIT A
§6.3 CONTINUATION OF NONCONFORMING USFS OR STRUCTURES
C.AlterationlExtension of Nonconforming Uses and Structures
1.Alteration/Extension of Nonconforming Uses Prohibited.Subject to the provisions
of this Chapter,except as allowed in 6.4 below,a nonconforming use shall not
be altered or extended.The extension of a nonconforming use to a portion of a
structure which was built for the nonconforming use at the time of adoption of this
Code is not an extension of a nonconforming use.
2.Alteration/Extension of Nonconforming Structures Limited.Except as allowed in
§&.3G 3.6.C.below,a structure conforming as to use,but nonconforming as to
height,setback or coverage,may be altered or extended,provided that the
alteration or extension does not result in a new violation of this Code or increase
the degree or extent of the existing nonconformity.(See §3.6,“Variances”;a
variance may be sought to permit alterations or extensions to a nonconforming
structure not otherwise allowed by this Chapter.”)
§6.4 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 §3.8 of this Code.
C.A nonconforming accessory dwelling unit may be altered provided the alteration
does not enlarge or move the accessory dwelling unit.(See 13.3.13 Alter or
Alteration).
DEFINITIONS
§13.3.13
Alter or A/terat/cn 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,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.
§13.3.13
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.
Ordinance 21-11 Exhibit A December 20,2011 Town Board Page 1 of 1