HomeMy WebLinkAboutORDINANCE 06-21ORDINANCE NO.06-21
AMENDING SECTION 1.9 OF THE ESTES PARK DEVELOPMENT CODE
REGARDING FEATURES ALLOWED WITHIN BUILDING SETBACKS
WHEREAS,on March 16,2021,the Estes Park Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Park Development Code
adding a tenth item to §1 .9.D.1(b)(Features Allowed Within Building Setbacks)to permit
equipment for roof-mounted solar photovoltaic systems to encroach into the minimum
setback area of a lot up to three feet,if necessary;and
WHEREAS,on March 16,2021,the Estes Park 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 Park Development Code section 3.3.D and has
determined that it is in the best interest of the Town that the amendment to the Estes Park
Development Code,as set forth on Exhibit A,be approved;and
WHEREAS,said amendment to the Estes Park 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 AS FOLLOWS:
Section 1:Section 1.9.D.1(b)of the Estes Park Development Code is hereby
amended by the addition of underlined material as 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 Jay of tL ,2021.
TOWN OF ESTES PARK,COLORADO
By:
___________________
Mayor /V
ATTEST:
Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the 21 day of ,2021 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the..day
of Apc ,2021,all as required by the Statutes of the State of Colorado.
Ty Clerk
APPROVED AS TO FORM:
Town Attorney
§1.9 -Rules of Measurement
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 calculating 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 that is parallel to the front lot line and located
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.See Figure 1-1.
(Ord.8-05 #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 (as applicable):
a.Eighty percent (80%)of lands located in the 100-year floodplain;
b.Eighty percent (80%)of lands located above the elevation serviceable by the Town of
Estes Park water system;
REAR LOT LINE
LOT AREA IS TOTAL GROSS
-AMOUNT LAND AREA
•.WITHIN _OT ONES
•11
D
PUBLIC RIGHTS OR WAY
SHALL NOT BE INCLUDED
WHEN CALCULATING LOT ARFA
STREET
1 RAIl SE LOT AREA/WIDTH
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c.All lands within private streets or dedicated public rights-of-way;and
d.All lands subject to a ground lease that,because of the lease terms,would not be
available for development of the proposed land use(s)on the subject property.
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,any fraction of less than one-
half fY)shall be rounded down to the next lower whole number and any fraction of one-half (34)
or more shall be rounded up to the next higher whole number.
(Ord.11-16 §1)
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 Chapter 4)is not a guarantee that such densities may be obtained,nor
a valid justification for varying other dimensional or development standards.
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 neatest lot
line and the furthermost 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.
b.Features Allowed Within Building Setbacks:
(1)Cornices,canopies,eaves or other similar architectural features,provided
they extend no more than three (3)feet into a required setback or yard;
(2)Driveways and sidewalks,provided that the edge of a driveway shall be set
back at least three (3)feet from an adjacent property line unless owners of
abutting properties agree in writing that the edge may be closer to or abut their
common property line;
(3)Fences or walls subject to height and other restrictions set forth in this Code;
(4)Patios and decks,uncovered and at-grade,provided they do not extend
more than thirty percent (30%)of the required setback distance to any required
setback.See Figure 1-2;
(5)Steps to the principal entrance and necessary landings,together with
railings,that comply with the Uniform Building Code,provided they do not
extend more than six (6)feet into the required setback;
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(6)Landscaping;
(7)Trees,vegetation or other features of natural growth;and
(8)Utility lines,wires and associated structures within a utility easement.
(9)Signs that comply with applicable sign regulations.
(10)The minimum amount of equipment necessary for the functional operation
of roof-mounted photovoltaic systems;provided that such equipment shall be
located as close to an adjacent building or structure as is reasonably practicable
and does not extend more than three (3)feet into the required setback.
(Ord.8-05 #1)
(11)Postal boxes.
fOrd.8-05 #1)
(12)Parking lots that comply with landscaping standards set forth in §7.5.G,
“Parking Lot Landscaping.”
fOrd.8-05 #1)
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.
(Ord.8-05 #1)
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).
(Ord.18-01 #1)
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 §7.6.D.2,and the
furthermost 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 §7.6.D of this Code.See Figure 1-2.
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b.Wetlands.Development setbacks shall be measured as the distance between the
delineated wetland edge,as set forth in §7.6.D.3,and the furthermost 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
§7.6.D of this Code.See Figure 1-2.
1.Measurement of Maximum Building Height.Height means the vertical distance measured
from the mean average elevation of the finished grade ((lowest point elevation +highest point
elevation)/2):
(1)To the highest point of the roof surface,excluding parapet,if a flat roof;
(2)To the deck line of a mansard roof;
(3)To the mean height level between the lowest point of the topmost top plate and highest
ridge for a gable,hip or gambrel roof;or
(4)Exception:For any building with a steep sloped roof,the highest-point elevation shall be
measured from average finished grade to the highest point on the highest ridge.For purposes of
this subsection,the term steep sloped shall mean any roof with a pitch greater than or equal
to a 12:12 ratio.
(Ord.28-17 §1(Exh.))
f,NT SI[ET
E.Height.
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2.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.
3.Exemptions from Height Standards.The following features shall be exempt from maximum
building height:
a.Chimneys to the extent required by the applicable building code(s);
b.Skylights,parapet walls,cornices without windows,communications antennas,Micro
Wind Energy Conversion System (MWECS);and
c.Wireless telecommunications facilities and structures,but only to the extent allowed
by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in §5.1.T
of this Code.
ford.17-17 §1)
fOrd.18-01 #1,2,10/23/01;Ord.18-02 #3,12/10/02;Ord.8-05 #1,6/14/05;Ord.11-16 §1(Exh.A),
4/12/16;Ord.17-17 §1(Exh.A),6/13/17;Ord.28-17 §1(Exh.),10/24/17)
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