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Home My WebLink AboutPACKET Estes Park Planning Commission Study Session 2021-08-17 August 17, 2021 11:00 a.m. Virtual The Planning Commission will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. To view or listen to the Study Session by Zoom Webinar ONLINE (Zoom Webinar) https://zoom.us/j/93771272278 PHONE Dial US: +1 833-548-0276 (toll free) Enter Webinar ID: 937 7127 2278 followed by # 11:00 a.m. Downtown Building Height Ayres Associates 11:45 a.m. Comprehensive Plan Director Hunt 12:15 p.m. Housing: Density Regulations Director Hunt 12:30 p.m. Housing: ADU Regulations Planner II Bergeron 12:40 p.m. Future SS agenda items 12:50 p.m. Other 1:00 p.m. Adjourn AGENDA PLANNING COMMISSION STUDY SESSION § 5.2 ‐ ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES A. General Standards. 1. 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 Uses/Structures Permitted in the Residential Zoning Districts. 1. Table of Permitted 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 (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; Ord. 20‐18 §1(Exh. A)) 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. a. Accessory Dwelling Units. (1) Where Permitted. Accessory dwellings shall consist of either living quarters integrated within 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. (2) Size of Accessory Unit. No accessory dwellings shall exceed forty‐ninethirty‐ three percent (4933%) of the size of the habitable floor area of the principal dwelling unit or eight hundred (800) square feet, whichever is less. An accessory dwelling unit shallmay contain private sanitary facilities with hot and cold running water, and cooking and food storage facilities, and a sleeping area. (3) Limit on Tenancy. Accessory dwelling units shall not be used as short‐term rental units or vacation homes, but may be rented for terms of 30 days or longer. (4) Density Calculations. Accessory dwelling units shall not count toward any applicable maximum residential density requirement. (5) 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. Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit RE‐1 RE E‐1 E R R‐1 R‐2 RM Accessory dwelling unit Yes Yes Yes Yes Yes YesNo No No §5.2.B.2.a 1.33 times minimum lot area required Lot shall meet minimum lot area standard of zone district Barns and stables Yes Yes Yes No No No No No None (Ord. 15‐03 §1) ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ (6) Maximum Occupancy. The combined total number of individuals that reside in the principal and accessory dwelling units shall not exceed the number that is allowed for a single household. See definition of "Household Living" in §13.2.C.28 below. (67) Off‐Street Parking. At least one (1) off‐street parking space shall be provided for each bedroom located in an accessory dwelling unit. (78) Home Occupations. Home occupations shall be prohibited on the site of an accessory dwelling unit. (89) Lot Area. A Llot which is the site of an accessory dwelling unit shall meet or exceed area must be one and thirty‐three one‐hundredths (1.33) times the minimum lot size for area of the zone district in which the lot is located. (910) Other Regulations. (a) 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. (b) All accessory dwelling units shall comply with local building code requirements. (c) 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 separate from the principal dwelling unit. (db) 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. ‐‐‐ § 13.3 ‐ Definitions of Words, Terms and Phrases ‐‐‐ 3. Accessory Dwelling Unit shall mean a second dwelling unit on a lot zoned for single‐family residential use which is integrated with a single‐family detached dwelling structure or with a detached accessory structure on the same lot as the principal dwelling which contains independent living facilities for one or more persons, to include at minimum permanent provisions for sanitation, cooking, and sleepingthat is located on the same lot as the single‐family detached dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles or travel trailers. ‐‐‐