HomeMy WebLinkAboutORDINANCE 03-100 _0
ORDINANCE NO.03-10
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE,
SECTION 5.2 ACCESSORY USES AND ACCESSORY STRUCTURES TO INCLUDE
ACCESSORY KITCHENS FOR SINGLE-FAMILY RESIDENTIAL LOTS
WHEREAS,the Estes Valley Planning Commission has recommended an amendment to
the Estes Valley Development Code,Section 5.2 Accessory Uses and Accessory Structures
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,
Section 5.2 Accessory Uses and Accessory Structures 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: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 2(’DAY OF_____________2010.
-“S.
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T6n Clerk
TOWN 0
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I hereby certify that the above Ordinance was introduced and read at a regular meeting of
the Board of Trustees on the day of
_______________
2010 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the 9’day
of ioo.j ,2010,alias required by the Statutes of the State of Colorado.
liamson,TownGlerk
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EXHIBITA—ORDINANCE#03-10
§5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY
STRUCTURES
A.General Standards.[No Changes]
B.Accessory UsesIStructures Permitted in the Residential Zoning Districts.
1.Table of Permitted Accessory Uses and Structures,
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts
Residential Zoning District
“Yes”=Permitted “No”=Not
Permitted Additional
Accessory Use RE-I
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RE
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E-1
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E
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R
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R-1
I
R-2
I RM Requirements
Accessorykitchen Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.g
2.Additional Requirements for Specific Accessory Uses/Structures Permitted in the
Residential Zoning Districts.
g.Accessory Kitchen.
(1)Approval of a kitchen accessory to a single-family dwelling shall not constitute
approval of a second dwelling unit or accessory dwelling unit.
(2)The dwelling shall not be occupied by more than one family unit,as defined in
Section 13.2.C.28 “Household Living.”
(3)The dwelling shall have only one address.
(4)Interior access shall be maintained to all parts of the dwelling to ensure that an
accessory dwelling unit or apartment is not created.
(5)Land Use Affidavit.
(a)Accessory kitchens located in a portion of the dwelling that also includes
sanitary facilities shall reguire a Land Use Affidavit prepared by the
Community Development Department.
(b)The Community Development Department shall record this Land Use
Affidavit,at the applicant’s expense,at the time of issuance of a building
permit.
C.Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.[No
Changes]
D.General Dimensional and Operational Requirements.The following standards shall
apply to all accessory uses and structures in all zoning districts,except for:(1)Satellite
antenna dishes accessory to residential uses that are one (1)meter or less in diameter;and
(2)Satellite antenna dishes accessory to nonresidential uses that are two (2)meters or less
in diameter.(Ord.15-03#1)
5.Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory
Buildings,Accessory Structures and/or Principal Buildings for Residential Uses.
Maximum cumulative gross floor area for all accessory uses (excluding:accessory
kitchens;and,accessory nightly rentals in accessory or principal structures)shall not
exceed the largest computation of the following:
a.One thousand two hundred (1,200)square feet of gross floor area;
0 EXHIBITA—ORDINANCE#03-10 0
b.Fifty percent (50%)of the gross floor area of the principal building,excluding the
attached garage floor area;
c.For lots with a net land area greater than one-half (14)acre and less than or equal
to one (1)acre:500+[1,000(a)]*.
d.For lots with a net land area greater than (1)acre:1 ,400+[400(a)1*.
*Where ‘a”=net land area in acres
Chapter 13 -Definitions
Section 13.2.C
28.Household Living.
a.General Definition:A family unit related by blood,marriage or adoption or eight (8)
or fewer unrelated individuals (including resident and nonresident care givers)
living together in a single dwelling unit,with common access to and common use
of all living and eating areas and all facilities for the preparation and serving of
food within the dwelling unit.
b.Examples:This classification includes households living in single-family houses,
duplexes,town homes,other multi-family dwelling structures,manufactured
housing and other structures with self-contained dwelling units.
Section 13.3
130.Kitchen shall mean a room or space within a room equipped with such electrical or
gas hook-up that would enable the installation of a range,oven or like appliance
using 220/40 volts or natural gas (or similar fuels)for the preparation of food,and
also containing either or both a refrigerator and sink.
130.1 Kitchen,Accessoryshall mean a kitchen other than the principal kitchen associated
with a single-family dwelling.
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RECEPTION#:20100030825,06/02/2010 at03:08:51 PM,
I OF 4,R $0.00 TD Pgs:0
Scott Doyle,Larimer County,Co
RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING ACCESSORY MTCIIENS
WHEREAS:
1.The Ladmer County Planning Division in cooperation with the Estes Park Community
Development Department has proposed amendments to the Estes Valley Development Code to
adopt regulations pertaining to multiple kitchens in a single-family dwelling.
2.The Estes Valley Plamüng Commission,at public hearings held September 15,2009 and
October 20,2009,considered the proposed amendments and recommended to the Board of
Trustees of the Town of Estes Park and to the Board of County Commissioners,Larimer County,
Colorado that they be adopted.
3.The Town Board of the Town of Estes Park approved the proposed changes on January
26,2010.
4.At a public hearing on March 29,2010,which hearing had been advertised in a
newspaper of general circulation as required by law,the Board of County Commissioners of
Larimer County,Colorado,considered the proposed amendments.
5.Over the course of the last several years,Planning Staff has received numerous building
permit requests for second kitchens in single-family dwelling units.
6.The EVDC defines a Dwelling Unit as “a building or portion [emphasis added]of it
designed and used as living and sleeping quarters for a single household,and that includes
exclusive sleeping,kitchen,eating and sanitary facilities.
7.Because of this definition,Community Development policy is that a second kitchen,in
association with sanitary facilities,constitutes a second dwelling unit,which is prohibited on
most single-family residential lots within the Estes Valley (exception for lots that are 1.33 times
the minimum lot size).
8.The purpose of this amendment is to establish use and development regulations for a
second kitchen within a single-family dwelling.These regulations are intended to support the
following purposes:
a.To allow accessory kitchens associated with single-family dwellings,for use by
the family residing within the dwelling unit,accessory to the first kitchen within the
dwelling unit.
b.Approval of a kitchen accessory to a single-family dwelling shall not be
considered approval of a second dwelling unit or accessory dwelling unit.
J’Return to Planning
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NOW,THEREFORE,BE IT RESOLVED:
That the amendments to the Estes Valley Development Code shown on Exhibit “A”attached
hereto shall be and are hereby adopted.Said amendments shall be effective on the 29”day of
March,2010.
BOARD O5OUNTY COMMISSIONERS
O1?JAER CQUtW(C9O,ADO
By:I _t
Chair
AflEST:
Dated:
_______
Approv as to form:
De4Aey
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EXHIBIT “A”
FORMAT:
1)Existing text in black font.
2)Proposed text is underlined.
3)Text to be removed is ctnkoout.
§5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY
STRUCTURES
A.General Standards.[No Changes]
B.Accessory Uses/Structures Permitted in the Residential Zoning Districts.
1.Table of Permitted Accessory Uses and Structures.
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning
Districts
Residential Zoning District
“Yes”=Permitted “No”=Not Permitted Additional
Accessory Use RE-i RE E-i E 11 Il-i R-2 RM Requirements
Accessocvkitchen j Yes Yes Yes j Yes Yes Yes Yes No
)
52B.2.g
2.Additional Requirements for Specific Accessory Uses/Structures Permitted in
the Residential Zoning Districts.
g.Accessory Kitchen.
(1)Approval of a kitchen accessory to a single-family dwelling shall not
constitute
approval of a second dwelling unit or accessory dwelling unit.
(2)The dwelling shall not be occupied by more than one family unit,as defined
in
Section 13.2.C.28 “Household Living.”
(3)The dwelling shall have only one address.
(4)Interior access shall be maintained to all parts of the dwelling to ensure that an
accessory dwelling unit or apartment is not created.
(5)Land Use Affidavit.
(a)Accessory kitchens located in a portion of the dwelling that also
includes sanitary facilities shall reguire a Land Use Affidavit
prepared by the Community Development Department.
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(b)The Community Development Department shall record this Land
Use Affidavit,at the applicants expense,at the time of issuance of a
building permit.
C.Accessory Uses and Structures Permitted in the Nonresidential ZoningDistricts.
[No Changes]
D.General Dimensional and Operational Requirements.The following standardsshallapplytoallaccessoryusesandstructuresinallzoningdistricts,except for:(1)Satellite antenna dishes accessory to residential uses that are one (1)meter or less
in diameter;and (2)Satellite antenna dishes accessory to nonresidential uses thataretwo(2)meters or less in diameter.(Ord.15-03 #1)
5.Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses inAccessoryBuildings,Accessory Structures and/or Principal Buildings forResidentialUses.
Maximum cumulative gross floor area for all accessory uses—eeK44ingaccessorynightlyrentals,in accoscory buildings,accessory structures and/orprincipalbuildings(excluding:accessory kitchens;and,accessory nightlyrentalsinaccessoryorprincipalstructures)shall not exceed the largestcomputationofthefollowing:
a.One thousand two hundred (1.200)square feet of gross floor area;
b.Fifty percent (50%)of the gross floor area of the principal building,excluding theattachedgaragefloorarea;
c.For lots with a net land area greater than one-half (¼)acre and less than or equal toone(1)acre:500+[1,000(a)]*.
d.For lots with a net land area greater than (1)acre:1 400+1400(a)]*.
*Where a”=net land area in acres
Chapter 13 -Definitions
130.Kitchen shall mean a room or space within a room equipped with suchelectricalorgashook-up that would enable the installation of a range,oven or
like appliance using 220/40 volts or natural gas (or similar fuels)for thepreparationoffood,and also containing either or both a refrigerator and sink.
130.1 Kitchen,Accessory shall mean a kitchen other than the principal kitchenassociated
with a single-family dwelling.
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