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Home My WebLink AboutORDINANCE 20-18ORDINANCE NO.20-18 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE §5.2 TABLE 5-1:ACCESSORY USES PERMITTED IN THE RESIDENTIAL ZONING DISTRICTS AND §5.2.8.2:ADDITIONAL REQUIREMENTS FOR SPECIFIC ACCESSORY USESISTRUCTURES PERMITTED IN THE RESIDENTIAL ZONING DISTRICTS WHEREAS,on November 13,2018,the Estes Valley Planning Commission conducted a public hearing on proposed text amendments to the Estes Valley Development Code,§5.2 Table 5-1:Accessory Uses Permitted in the Residential Zoning Districts and §5.2.B.2:Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts;and WHEREAS,on November 13,2018,the Estes Valley Planning Commission voted to recommend approval of the text amendments;and WHEREAS,the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D (Code Amendments, Standards for Review)and has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code,as set forth on Exhibit A,be approved; and WHEREAS,said amendments to the Estes Valley Development Code is set forth on Exhibit A,attached hereto and incorporated herein by this reference: NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Redi. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this *day of t.QftQflte—,2018. By: TOWN OF ATTEST: PARK,COLORADO Mayor Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the I h’—day of pcj .Rfl 2018 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the jjay ofcwy,2018,all as required by the Statutes of the State of Colorado. Exhibit A -Red [town Board of Trustees 12-11-2018 •EVDC §5.2 Table 5-1:Accessory Uses Permitted in the Residential Zoning Districts •EVDC §5.2.B.2:Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts §5.2-ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTURES A.General Standards. Permitted principal uses and approved special review principal uses shall be deemed to include the accessory uses,structures and activities as set forth in this Section,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 §5.1 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/or located on the same zoning lot as the principal use;and c.There shall be unity of ownership between the principal use and the accessory use. (Ord.15-03#1;Ord.08-16,§1,Exh.A) B.Accessory UseslStructures Permitted in the Residential Zoning Districts. 1.Table of Permifted Accessory Uses and Structures. a.Listed Accessory Uses/Structures .Table 5-1 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 underneath the zoning district will be marked with a “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. b.Unlisted Accessory Uses or Structures .If an accessory use or structure is not listed in Table 5-1 but satisfies all the conditions set forth in §5.2.A.4 above,it may be permitted subject to compliance with the general,dimensional and operational standards set forth in this Section. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District “Yes”=Permitted “No”=Not Permitted =Special Review Use “CUP”=Conditional Use Permit Additional Requirements .§5.2.B.2.aAccessorydwelling .Yes Yes Yes Yes Yes No No No 1.33 times minimum lotunitarearequired Barns and stables Yes Yes Yes No No No No No §1) §5.1.F;§5.1.0;asDaycarecenter (Ord.6-06 §1)No No No No No No No Yes accessory to a permitted religious assembly use .§5.2.B.2.dFamdyhomeday I Home Occupationcare,small (Ord.6-Yes Yes Yes Yes Yes Yes Yes Yes 06 g1 As accessory to a principal .‘residential use only .Fencesandwalls Yes Yes Yes Yes Yes Yes Yes Yes §7.5.H Garages,carports, and off-street parking areas used to serve Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d and §7.11 the residents of the property Golf clubhouses,As accessory uses to golf .I ,.Yes Yes Yes Yes No No No Noinciuuingspaceor courses only the sale of golf or RE I RE E-I E R R-1 R-2 RM other sporting equipment,food and refreshments .§5.2.B.2.eHomeoccupationYesYesYesYesYesYesYesYes(Cd 18-01 §16) Kitchen,Accessory I §5.2.B.2.f (0rd.08-171)Yes Yes.Yes Yes Yes Yes Yes No (Ord.O31o1) Kitchen,Outdoor (0rd.08-171)Yes Yes Yes Yes Yes Yes Yes Yes Micro wind energy §5.2.6.2.g .Yes Yes Yes Yes Yes Yes Yes Yesconversionsystems (Ord.05-10 §1) Private greenhouses Yes Yes Yes Yes Yes Yes Yes Yes Yes As accessory to a .(Ord.permitted religiousPrivateschoolsNoNoNoNoNoNoYes19-11 assembly use only; §1)§5.1.0 Office No No No No No No No S2 §5.2.6.2.1 Accessory to a principal residential use only ..‘To the maximum extentSatellitedish .I feasible,but only whereantennas39inches .Yes Yes Yes Yes Yes Yes Yes Yes there is no impairment to (1 meter)or less in .acceptable signal quality,diameter I such satellite dish antenna { shall be located in the rear yard of the residential use i Accessory to a principal Satellite dish residential use only antennas greater I •To the maximum extent than 39 inches (1 Yes Yes Yes Yes Yes Yes Yes Yes feasible,but only where meter)in diameter there is no substantial impairment to acceptable signal quality,such satellite dish antenna shall be located in the rear yard of the residential use. •To the maximum extent feasible,the satellite dish antenna shall be screened from view from adjacent public rights-of-way (including trails) Small wind energy conservation Cu cu cu cu Cu cu CUP R5 2 B 2 hsystems(Ord.21-10 P P P P P . §1) Square footage of ground .mounted solar collectorsSolarcollector IYes Yes Yes Yes Yes Yes Yes Yes shall be calculated as the(Ord.11—11 §1) . area of the solar panels, not the structure footprint. Storage or parking of trucks,cars,or major recreational equipment,including but not limited to Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.h boats,boat trailers, camping trailers, motorized homes, and house trailers Swimming pools/hot Yes Yes Yes Yes Yes Yes Yes Yestubs (Ord.18-01 §18;Ord.15-03 §1;Ord 6-06 §1;Ord 03-10 §1;Ord.05-10 §1;Ord.21-10 §1;Ord. 19-11 §1;Ord.08-17 §1) 2.Additional Requirements for Specific Accessory UseslStructures Permitted in the Residential Zoning Districts. I.Office (1)Offlce permitted as an accessory use in RM Multi-Family Residential Zoning Districts upon 52 Special Review Use approval by the Decision-Making Body, subject to the following requirements. a)No accessory offices shall cumulatively exceed 25%of the gross floor area of the principal structure. b)The accessory office use must be incorporated within the primary structure that exists at the time of Special Review approval. c)Off-street parking for an accessory office use must comply with §7.11 .D at 1 space per 200 square feet of gross floor area. d)Should existing parking be insufficient,a Development Plan shall be required to accompany the S2 Special Review application,prior to installation of additional parking spaces. (Ord.13-99 §G,11/3/99;Ord.10-00 §1,7/25/00;Ord.18-01 §17—19,10/23/01;Ord.2-02 §6, 2/12/02;Ord.15-03 §1,2,8/12/03;Ord.8-05 §1,6/14/05;Ord.6-06 §1,9/26/06;Ord.02-10 §1,1/26/10;Ord.03-10 §1,1/26/10;Ord.11-10 §1,3/30/10;Ord.21-10 §1,9/28/10;Ord.11-11 §1,4/26/11;Ord.19-11 §1,9/27/11;Ord.08-16,§1(Exh.A),3/22/16;Ord.29-16,§1(Exh.A), 12/1 5/1 6;Ord.08-17 §1(Exh.A),3/28/1 7;Ord.09-17,§1(Exh.A),3/28/1 7;Ord.27-17,§ 1(Exh.),10/24/1 7;Ord.34-17 ,§1(Exh.A),2/13/18)