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Home My WebLink AboutORDINANCE 34-17ORDINANCE NO.34-17 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING OUTDOOR MOBILE FOOD VENDING PERMIT WHEREAS,on November 14,2017,the Estes Valley Planning Commission conducted public hearings on proposed text amendments to the Estes Valley Development Code,Sections §5.4 Temporary Uses and Structures:Outdoor Mobile Food Vending Permit,§3-17 Outdoor Mobile Food Vending Permit Review Procedures and Standards,§4.4 Nonresidential Zoning Districts,Chapter 13 Definitions,and Appendix B Submittal Requirements;and WHEREAS,on November 14,2017,the Estes Valley Planning Commission voted to recommend approval of the text amendment;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 amendment to the Estes Valley Development Code,as set forth on Exhibit A,be approved;and WHEREAS,said amendment 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. 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 IS”Thay of_______________,2018. By: ATtEST: TOWN 0’TES PARK,COLORADO I.. Mayor I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the )3’day of Tc,a’zca.,2018 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the 34Jj-day of _____________________, 2018,all as required by the Statutes of the State of Colorado. —LTh a 0 natsO.Th Towylerk EXHIBIT A Estes Park Town Board of Trustees [February 13,2018] §4.4 Nonresidential Zoning Districts 0.Additional Zoning District Standards 4-21 1.Operational Requirements. a.Outdoor Sales,Use,Storage and Activity in the CD Zoning District. (3)Exceptions.Notwithstanding paragraph (1)above,the following outdoor uses, storage or activity shall be permitted within the CD zoning district: (f)Outdoor Mobile Food Vendor Uses. Chapter 5.Use Regulations Table of Contents §5.2 TABLE 5-2 ACCESSORY USES PERMITTED IN THE NONRESIDENTIAL DISTRICTS 5-20 §5.2 ACCESSORY USES E.OUTDOOR MOBILE FOOD VENDING 5-24 A.Outdoor Mobile Food Vending B.Applicability. §5.4 OUTDOOR MOBILE FOOD VENDING USES 5-27 A.Business License Required B.Operational Standards C.Outdoor Mobile Food Vending Uses Allowed Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Accessory Use Nonresidential Zoning Districts Additional Conditions “Yes”=Permitted “No”=Not Permitted “CUP”=Conditional Use Permit Outdoor Mobile Food A A-i CD CO 0 CH 1-1 §5.4 Vendors Yes No Yes Yes No Yes Yes §5.4—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 meet the applicable regulations of Chapter 17.66. 5.The outdoor mobile food vendor vehicles shall not be located 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 an location in which the vehicle,may impede or interfere with or visually obstruct; 1)the safe movement of vehicular and pedestrian traffic; 2)parking lot circulation;or 3)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. CHAPTER 13.DEFINITIONS §13.3-DEFINITIONS OF WORDS,TERMS AND PHRASES 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 license vehicle.