- ZONING DISTRICTS
The following zoning districts are hereby established. They may be referred to by their name or their district letter abbreviations.
A.
Residential Zoning Districts.
1.
RE Rural Estate
2.
E-1 Estate
3.
E Estate
4.
R Residential
5.
R-1 Residential
6.
R-2 Two-Family Residential
7.
RM Multi-Family Residential
(Ord. 13-22, §1(Exh. A))
B.
Accommodations/Tourist Zoning Districts.
1.
A Accommodations/Highway Corridor
2.
A-1 Accommodations/Low Intensity
C.
Commercial Zoning Districts.
1.
CD Downtown Commercial
2.
CO Outlying Commercial
3.
O Office
4.
CH Heavy Commercial
D.
Industrial Zoning Districts.
1.
I-1 Restricted Industrial
E.
Special Purpose and Overlay Zoning Districts.
1.
FP Floodplain Overlay Zone
2.
D-DO Downtown Design Overlay Zone
3.
H-DO Highway Corridor Design Overlay Zone
4.
SH Stanley Historic Overlay District (Ord. 18-01 #12)
(Ord. 18-01 #12, 10/23/01)
A.
Compliance Required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed in use except in accordance with all of the regulations established by this Code for the zoning district in which the land, building, or structure is located.
B.
Use Tables—Permitted Uses. Use Tables 4-1 and 4-4 (below) set forth the use classifications and specific uses permitted within the relevant zoning districts.
1.
Permitted By-Right Uses. A "P" in a cell indicates that a use classification or specific use is allowed by right in the respective zoning district. Permitted by-right uses are subject to all other applicable regulations of this Code, including the General Development Standards set forth in Chapter 7.
2.
Special Review Uses. An "S" in a cell indicates that a use category is allowed only if reviewed and approved as a Special Review Use, in accordance with the Special Review procedures of §3.5.
3.
Uses Not Allowed. A "—" in a cell indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Code.
4.
Additional Regulations. Many uses are subject to additional use-specific regulations (in addition to Chapter 7 regulations that apply to all development in general). The final column of the use table contains references to applicable use-specific standards, which are set forth in §5.1 of Chapter 5, "Use Regulations." Standards referenced in the Additional Regulations column apply in all zoning districts unless otherwise expressly stated.
5.
Use Classifications/Specific Use Types. All of the use classifications listed in Tables 4-1 and 4-4 are described and defined in Chapter 13, §13.2 of this Code. In some cases, specific uses are listed in the second column of the table. The use classifications are intended to be mutually exclusive. If a use type is specifically listed in the table, that use type is allowed only in the districts indicated, not within the districts that may allow the broader classification.
C.
Uses Not Listed as Permitted. Uses not specifically listed as permitted by right or by special review in a specific zoning district, as depicted in Use Tables 4-1 and 4-4, are prohibited unless such use is subsequently permitted pursuant to the use classification procedure set forth in §3.12 of this Code, or the rezoning/amendment procedure set forth in §3.3 of this Code.
A.
List of Districts/Specific Purposes.
1.
RE Rural Estate Zoning District. This district is established to permit relatively low-density single-family residential development in areas of the Estes Valley where this is the established and predominant land use pattern. This zone implements the "Rural Estate (RE)" future land use designation contained in the Comprehensive Plan. New residential development is encouraged to incorporate rural residential conservation designs, such as clustering and other open space preservation techniques, in order to preserve the existing rural character and limit development in sensitive environmental areas such as steep sloped areas. The regulations contained in this district will permit continued, low-density residential development, generally at densities no greater than one (1) dwelling unit per two and one-half (2.5) acres.
2.
E-1 Estate Zoning District. This district is established to preserve the predominantly lower density residential uses that have been established in the Estes Valley. This zone implements the "Estate (E-1)" future land use designation contained in the Comprehensive Plan. The district regulations permit single-family residential uses at densities of one (1) dwelling unit per acre.
3.
E Estate Zoning District. This district is established to encourage moderate density single-family residential uses in areas of the Estes Valley convenient to services and the key highway corridors. This zone implements the "Estate (E)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional parks, open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of two (2) dwelling units per acre, with a minimum lot area of one-half (½) acre.
4.
R Single-Family Residential Zoning District. This district is established to preserve and encourage relatively high-density single-family residential uses primarily within the Town of Estes Park. This zone implements the "Residential (R)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of four (4) dwelling units per acre, with a minimum lot area of one-quarter (¼) acre.
5.
R-1 Single-Family Residential Zoning District. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight (8) dwelling units per acre, with a minimum lot area of five thousand (5,000) square feet, subject to the attainable housing limitations in §11.4.C of this Code.
6.
R-2 Two-Family Residential. This district is established to encourage development of relatively denser residential housing, including two-family dwellings (duplexes) as well as single-family detached housing, primarily within the town limits of Estes Park. This zone implements the "Two-Family (R-2)" future land use designation contained in the Comprehensive Plan. District regulations will allow a minimum lot area of eighteen thousand (18,000) square feet for single-family uses and twenty-seven thousand (27,000) square feet for two-family dwellings (duplexes).
7.
RM Multi-Family Residential. This district is established to provide opportunities for multi-family residential development. This zone implements the "Multi-Family (MF)" future land use designation contained in the Comprehensive Plan.
(Ord. 13-22, §1(Exh. A))
B.
Table 4-1: Permitted Uses: Residential Zoning Districts.
Table 4-1
Permitted Uses: Residential Zoning Districts
(Ord 18-01 §13; Ord. 6-06 §1; Ord. 02-10 §1; Ord. 15-11 §1; Ord. 19-11 §1; Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 31-17 §1(Exh. A); Ord. 05-18 §1(Exh. A); Ord. 13-18 §1(Exh. A); Ord. 05-19, §1(Exh. A); Ord. 15-21, §1(Exh. A); Ord. 13-22, §1(Exh. A))
C.
Density/Dimensional Standards.
1.
Density Calculation. (See also Chapter 1, §1.9.C.)
a.
Net land area. Net land area shall be determined by subtracting from the gross land area the following:
(1)
Eighty percent (80%) of lands located in the 100-year floodplain;
(2)
Eighty percent (80%) of lands located above the elevation serviceable by the Town of Estes Park water system;
(3)
All lands within private streets or dedicated public rights-of-way; and
(4)
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.
b.
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.
c.
When applying a density standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number.
d.
The number of dwelling or accommodations 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 Table 4-2 below) is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.
2.
Table of Density and Dimensional Standards by Zoning District. Table 4-2 below lists the density and dimensional standards that apply within the residential zoning districts. These are "base" standards and are not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Code or site-specific conditions may further limit development on a specific site.
3.
Maximum Number of Principal Structures Permitted Per Lot or Development Parcel. Except in the RM zoning district, only one (1) principal structure shall be permitted per lot or development parcel.
(Ord. 17-17 §1)
4.
Table 4-2: Base Density and Dimensional Standards Residential Zoning Districts.
Table 4-2
Base Density and Dimensional Standards Residential Zoning Districts
Notes to Table 4-2
(1) (a) See Chapter 4, §4.3.D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.D.1.
(b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots in open space developments.
(c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing.
(d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1)
(2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1)
(3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities."
(4) Reserved.
(Ord. 27-17 §1(Exh.))
(5) Minimum building width requirements shall not apply to mobile homes located in a mobile home park.
(6) Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18-01 §14; Ord. 24-16 §1)
(7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1)
(8) See Chapter 1, §1.9.E, which addresses measurement of maximum height of buildings. (Ord. 18-02 §3; Ord. 20-17 §1)
(9) Maximum height for multi-family buildings in the RM Zoning District shall be thirty-eight (38) feet, for developments that comply with the provisions of Sec. 4.3.D.5 (Attainable Housing Incentive) or Sec. 4.3.D.6 (Workforce Housing Incentive) of this Code. (Ord. 20-17 §1)
(Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord. 15-11 §1; Ord. 24-16 §1; Ord. 20-17 §1; Ord. 13-22, §1(Exh. A))
D.
Additional Zoning District Standards.
1.
Private Open Areas; Applicability and Minimum Set-Aside Required. All residential developments and subdivisions containing five (5) or more units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3 below. See §7.4 for additional private open area standards.
(Ord. 18-01 #15; Ord. 2-02 #4)
Table 4-3
Minimum Private Open Areas
(Ord. 2-02 #4; Ord. 13-22, §1(Exh. A))
2.
Lot Size.
a.
General Rule. Subject to the exceptions listed below, the minimum lot sizes for lots within single-family residential subdivisions that are required to set aside private open areas shall be as shown in Table 4-3 above.
(Ord. 2-02 #4)
b.
Exception for Lots with Private Water/Sewer. The minimum lot size for lots serviced by private wells or private septic systems shall be two (2) acres in all districts.
(Ord. 2-02 #4; Ord. 13-22, §1(Exh. A))
c.
Exception for Development on Steep Slopes. Lots with an average slope of greater than twelve percent (12%) shall be subject to the lot area adjustment set forth in §7.1.A of this Code. The minimum lot areas set forth in this subsection shall be used as the base for any required increase in lot area due to steep slopes.
(Ord. 2-02 #4)
3.
Pedestrian Amenities and Linkage Requirements.
a.
Provision shall be made for pedestrian amenities and linkages in the residential zoning districts, including but not limited to sidewalks, pathways and bikeways.
b.
To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the Estes Valley Planning Commission determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas or other significant natural areas.
c.
Sidewalks shall be provided as set forth in §10.5.D, "Sidewalks, Pedestrian Connections and Trails.
4.
Attainable Housing. All developments in the R-1 District shall be subject to the attainable housing limitations for rental and owner occupancy set forth in §11.4.C.
5.
Incentives for Attainable Housing Units in the RM District: Building Height.
a.
Purpose. This Section is intended to create an incentive to provide attainable housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 4-2) for multi-family buildings in the RM District.
b.
Eligibility. All multi-family dwelling buildings incorporating attainable housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. Any multi-family dwelling building that incorporates workforce housing units as defined in Sec. 4.3.D.6 herein, and thus is given the height incentives provided in that Section, shall not be eligible for the attainability height incentives in Sec. 4.3.D.5 of this Code.
c.
"Attainable" Defined. For purposes of this Code and Chapter, "attainable housing units" shall mean the following:
1.
Renter-Occupied Attainable Housing Units.
a.
Housing units that are attainable to households earning less than one hundred and fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.
b.
[Reserved]
c.
[Reserved]
2.
Owner-Occupied Attainable Housing Units.
a.
Housing units that are attainable to households earning less than one hundred and fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.
b.
[Reserved]
d.
Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development.
e.
Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as attainable housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in Sec. 1.9 of this Code.
f.
Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service.
g.
Short-Term Rentals Prohibited. Attainable housing units designated in compliance with this height incentive shall not be rented, leased or occupied for tenancies of less than thirty (30) days (see §5.1.B).
h.
Deed Restriction Required. Attainable housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the attainability guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town or County.
(Ord. 20-17 §1)
6.
Incentives for Workforce Housing Units in the RM District: Building Height.
a.
Purpose. This Section is intended to create an incentive to provide workforce housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 4-2) for multi-family buildings in the RM District.
b.
Eligibility. All multi-family dwelling buildings incorporating workforce housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. Any multi-family dwelling building that incorporates attainable housing units as defined in Sec. 4.3.D.5 herein, and thus is given the height incentives provided in that Section, shall not be eligible for the workforce height incentives in Sec. 4.3.D.6 of this Code.
c.
"Workforce Housing Unit" Defined. For purposes of this Section and Code, "workforce housing unit" shall mean a housing unit in which at least one household member is employed within the Estes Park School District R-3 Boundaries.
d.
Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as workforce housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in Sec. 1.9 of this Code.
e.
Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service.
f.
Short-Term Rentals Prohibited. Workforce housing units designated in compliance with this height incentive shall not be rented, leased or occupied for tenancies of less than thirty (30) days (see §5.1.B).
g.
Deed Restriction Required. Workforce housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the workforce guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town or County.
(Ord. 20-17 §1)
(Ord. 13-99 §D, 11/3/99; Ord. 18-01 §§13—15, 10/23/01; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 §3, 12/10/02; Ord. 6-06 §1, 9/26/06; Ord. 25-07 §1, 11/27/07; Ord. 02-10 §1, 1/26/10; Ord. 16-10 §1, 7/27/10; Ord. 15-11 §1, 5/24/11; Ord. 19-11 §1, 9/27/11; Ord. 24-16 §1(Exh. A), 11/22/16; Ord. 29-16 §1(Exh. A), 12/15/16; Ord. 09-17 §1(Exh. A), 3/28/17; Ord. 17-17 §§ 1(Exh. D), (Exh. E), 6/13/17; Ord. 20-17 §1(Exh. A), 6/27/17; Ord. 27-17 §1(Exh.), 10/24/17; Ord. 31-17 §1(Exh. A), 11/28/17; Ord. 05-18 §1(Exh. A), 4/10/18; Ord. 05-19, §1(Exh. A), 8/27/19; Ord. 15-21, §1(Exh. A), 11/9/21; Ord. 13-22, §1(Exh. A), 7/26/22)
A.
List of Districts/Specific Purposes.
1.
Accommodations Zoning Districts.
a.
A Accommodations/Highway Corridor Zoning District. This district implements the "A-Accommodations" land use category set forth in the Comprehensive Plan. It applies primarily in highway-oriented commercial areas of the Estes Valley, and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses are located inside the same structure as the principal use. Stand-alone commercial or retail uses will not be permitted in this accommodations district; instead, such uses may be developed in the other commercial zones.
b.
A-1 Accommodations/Low-Intensity Zoning District. This district implements the "A-1-Accommodations" land use category set forth in the Comprehensive Plan. This district provides for low-intensity and small-scale residential uses, low-intensity accommodations and very limited accessory uses located along highway and roadway corridors characterized by low-intensity residential and lodging uses, including resort lodges, cabins and condominium developments. Aside from these limited residential and accommodation uses, no new commercial development shall be permitted in this district. New uses, including new accommodations, shall be developed consistent in intensity, bulk and design with the low-scale, residential character of this district.
2.
Commercial Zoning Districts.
a.
CD Downtown Commercial. This zone district is established to provide a wide variety and relatively high intensity of retail and commercial services within Downtown Estes Park to serve both residents and visitors. The CD District implements the "CBD-Commercial Downtown" land use category set forth in the Comprehensive Plan. This district is intended to encourage a predominance of compact and pedestrian-scale retail, service and office uses in the Downtown core. Residential uses, especially employee housing or when mixed with commercial or retail uses, are also encouraged within the district to provide alternative housing choices for the Valley's workforce.
It is the intent that the Downtown maintain its function as the Valley's focal point of tourist shopping and entertainment activity. This area is also a key economic engine for the Town of Estes Park and the Valley; therefore, future sales-tax generating uses are strongly encouraged. ;b03; It is also the intent of this district that new development develop in ways integrating and even enhancing the qualities of the streams, rivers, topography and other natural assets of the area.
b.
CO Outlying Commercial Zoning District. This zoning district is established to encourage the development of a wide variety of commercial and retail uses along the major corridor entryways into the Valley and the Town of Estes Park. This zoning district is established to implement the "Commercial" and "Commercial-Recreation" future land use categories recommended in the Comprehensive Plan. This district should accommodate the majority of the larger, freestanding commercial and retail buildings to meet future demand in the community.
c.
O Office Zoning District. This zoning district is established to implement the "Office" future land use category recommended in the Comprehensive Plan. The intensity of future office development will be controlled through district standards.
(Ord. 27-17 §1(Exh.))
d.
CH Heavy Commercial Zoning District. This zoning district is intended to provide for heavy commercial uses, including vehicle repair services, construction trades and bulk goods retailing. It shall be limited to areas within the Estes Valley that already contain some of these types of heavy commercial uses, and shall not include areas fronting the Valley's highways or arterial streets. Permitted uses shall include utility facilities and installations, repair services, bulk storage and limited manufacturing. Most of these uses shall be permitted by right, but subject to specific size limitations. Larger facilities shall be subject to special review.
3.
Industrial Zoning Districts.
a.
I-1 Restricted Industrial Zoning District. This zoning district implements the "Restricted Industrial" land use category recommended in the Comprehensive Plan. Permitted uses shall include a relatively wide variety of industrial uses, as reflected in the existing mix of industrial land uses, including several concrete/asphalt plants, propane distributors, construction trade yards and gravel mining and crushing facilities. However, to discourage future conflicts, residential uses shall not be permitted in this zoning district. An important element of development in this industrial zone district shall be compliance with performance standards to protect adjacent uses from adverse impacts of industrial development.
B.
Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
(Ord 10-00 §2; Ord. 6-06 §1; Ord. 2-10 §1; Ord. 19-10 §1; 15-11 §1; Ord. 19-11 §1; Ord. 13-14 §1, 7-22-2014; Ord. 06-15 §1 (Exh. A); Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 05-18 §1(Exh. A); Ord. 14-18 §1(Exh. A); Ord. 08-19 §1(Exh. A); Ord. 20-19, §1(Exh. A); Ord. 05-19, §1(Exh. A); Ord. 15-21, §1(Exh. A))
C.
Density and Dimensional Standards.
1.
Table of Density and Dimensional Standards by Zoning District. Table 4-5 below lists the density and dimensional standards that apply within the nonresidential zoning districts. These are "base" standards, not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Code or site-specific conditions may further limit development on a site.
2.
Minimum Land Area Requirements for Accommodation and Residential Uses in the Nonresidential Zoning Districts. Table 4-5 below includes a standard for "minimum land area per accommodations (guest) or residential unit," which applies only in the A, A-1 and CD zoning districts. The "minimum land area" necessary to meet this standard shall be measured using the net land area definition set forth in §4.3.C, "Density/Dimensional Standards." When applying the minimum land area standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number.
3.
Maximum Units/Density Not Guaranteed. The number of dwelling or guest units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum residential or accommodations density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.
4.
Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
Notes to Table 4-5
[1] For guest units in a resort lodge/cabin use that have full kitchen facilities, the minimum land area requirement per guest unit shall be 5,400 square feet. See also §5.1.P below
[2] If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities."
[3] For lots greater than 2 acres, minimum lot width shall be 200 feet.
[4] See Chapter 7, §7.6 for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1)
[5] All front building setbacks from a public street or highway shall be landscaped according to the standards set forth in §7.5 of this Code.
[6] Setback shall be increased to 25 feet if the lot line abuts a residential zoning district boundary.
[7] See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §6)
[8] All structures shall be set back from public or private roads that serve more than four dwellings or lots. The setback shall be measured from the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. This setback is applicable only in the "A-1" district. (Ord. 11-02 §1)
[9] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 §3)
[10] Bed and Breakfast Inns shall be calculated as one residential dwelling unit for density purposes provided the lot does not contain detached units. In all other cases, each individual guest room in a B&B shall be calculated as one guest room/unit. (Ord. 19-10 §1)
[11] For purposes of these cells, the term "SF residential property" means any property whose use (whether occupied or vacant) is in accord with §13.3.92 of this Code at the time the relevant building permit(s) are issued for development of the subject CD-zoned property, provided that the relevant building permit(s) entail a change in the setback distance adjoining the single-family property use. Notwithstanding any development approval under this Code for a lesser setback, this footnote may require an additional setback as provided in these cells if an adjacent single-family use is established prior to issuance of the relevant building permit(s) at the CD-zoned property. Otherwise, the relevant building permit(s) shall not be issued.
(Ord. 2-02 §5; Ord. 2-02 §6; Ord. 11-02 §1; Ord. 18-02 §3; Ord. 15-03 §3; Ord. 16-10 §1; Ord. 19-10 §1; Ord. 15-11 §1; Ord. 27-17 §1(Exh.); Ord. 05-21, §1(Exh. A); Ord. 14-21, §1(Exh. A))
5.
Number of Principal Uses Permitted Per Lot or Development Parcel.
a.
Maximum Number of Principal Uses Permitted. One (1) or more principal uses shall be permitted per lot or development parcel, except that in the A zoning district, only one (1) principal residential use shall be permitted per lot or development parcel.
b.
Permitted Mix of Uses. Where more than one (1) principal use is permitted per lot or development parcel, mixed-use development is encouraged, subject to the following standards:
(1)
More than one (1) principal commercial/retail or industrial use permitted by right or by special review in the zoning district may be developed or established together on a single lot or site, or within a single structure, provided that all applicable requirements set forth in this Section and Code and all other applicable ordinances are met.
(2)
Any combination of residential and commercial/retail uses that are permitted by right or by special review in the zoning district may be developed or established together on a single lot or site or within a single structure, provided that all applicable requirements set forth in this Section and Code, and all other applicable ordinances, are met. For example, a two-story structure on a single lot in the CD Downtown Commercial zoning district may have a restaurant or retail store on the ground floor, and residential apartments or condominiums on the second floor.
D.
Additional Zoning District Standards.
1.
Operational Requirements.
a.
Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(1)
Except as may be allowed in paragraph (3) below, all retail sales, displays and activities and all other uses, storage and activity shall be wholly contained within the interior of a building or permanent structure.
(2)
Retail merchandise shall not be displayed in any way on doors that provide customer access to a building or on windows that open out onto or over public ways, including sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area.
(3)
Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses, storage or activity shall be permitted within the CD zoning district:
(a)
Municipal uses, provided that such municipal uses are approved by the Board of Trustees.
(b)
Permitted outdoor seating and dining areas (See §5.1.M).
(c)
Parking lots as a principal use or parking lots and loading areas as permitted accessory uses, subject to screening, landscaping and other applicable requirements set forth in this Code.
(d)
Accessory refuse collection areas subject to screening and other applicable requirements set forth in this Code.
(e)
Automated Teller Machine (ATM) and/or interactive kiosks intended to serve walk-up customers only. ATMs or kiosks shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks or through other areas intended for public usage.
(f)
Outdoor mobile food vendor uses.
(Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 34-17 §1(Exh. A))
b.
Performance Standards. All new development in the nonresidential zoning districts shall comply with the performance standards set forth in §7.10 of this Code.
2.
CD, CO and O Zoning Districts: Building Siting, Orientation and Materials Requirements.
a.
The main entrance of all buildings in the CD, CO and O zoning districts shall be oriented to the front property line. If a lot fronts an arterial road or state highway, the main entrance of all buildings shall face the road or highway.
b.
To the maximum extent feasible, each principal structure on a site shall avoid long flat or blank walls that face a public street. All sides of a building that face a public street shall be finished with the same materials as the primary facade.
3.
Vehicular Access and Circulation Requirements. Provision shall be made for vehicular access and circulation in the nonresidential zoning districts as shown in Table 4-7 below:
Table 4-7
Vehicular Access and Circulation Requirements
Nonresidential Zoning Districts
4.
Pedestrian Amenities and Linkage Requirements. Provision shall be made for pedestrian amenities and linkages in the nonresidential zoning districts as shown in Table 4-8 below:
Table 4-8
Pedestrian Amenities and Linkage Requirements
Nonresidential Zoning Districts
(Ord. 10-00 §2, 7/25/00; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 §3, 12/10/02; Ord. 15-03 §3, 8/12/03; Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; Ord. 16-10 §1, 7/27/10; Ord. 19-10 §1, 8/24/10; Ord. 15-11 §1, 5/24/11; Ord. 19-11 §1, 9/27/11; Ord. 29-16 §1(Exh. A), 12/15/16; Ord. 09-17 §1(Exh. A), 3/28/17; Ord. 17-17 §1(Exh. D), 6/13/17; Ord. 27-17 §1(Exh.), 10/24/17; Ord. 34-17 §1(Exh. A), 2/13/18; Ord. 05-18 §1(Exh. A), 4/10/18; Ord. 14-18 §1(Exh. A), 10/23/18; Ord. 08-19 §1(Exh. A), 5/14/19; Ord. 20-19, §1(Exh. A), 7/23/19; Ord. 05-19, §1(Exh. A), 8/27/19; Ord. 05-21, §1(Exh. A), 5/11/21; Ord. 14-21, §1(Exh. A), 9/28/21; Ord. 15-21, §1(Exh. A), 11/9/21)
A.
Floodplain Overlay Zoning Districts.
1.
Properties Located in the Town of Estes Park. All properties subject to the jurisdiction of the Town of Estes Park shall be subject to the floodplain regulations set forth in the Town of Estes Park Municipal Code, Chapter 17.28, "Floodplain Regulations."
2.
Properties Located in Unincorporated Larimer County. All properties subject to the jurisdiction of Larimer County shall be subject to the floodplain regulations set forth in the Larimer County Land Use Code, §4.2.1, "Flood Plain Overlay Zone."
B.
Downtown Design Overlay District - RESERVED (Ord. 18-01 #16)
C.
Highway Corridor Overlay District - RESERVED (Ord. 18-01 #16)
D.
Stanley Historic Overlay District.
1.
All development in the Stanley Historic Overlay District shall comply with the Stanley Historic District Procedures and Standards for Development, set forth in Chapter 17.44 of the Town of Estes Park Municipal Code, as amended from time to time.
(Ord. 18-01 #16)
(Ord. 18-01 #16, 10/23/01; Ord. 27-17 §1(Exh.), 10/24/17)
- ZONING DISTRICTS
The following zoning districts are hereby established. They may be referred to by their name or their district letter abbreviations.
A.
Residential Zoning Districts.
1.
RE Rural Estate
2.
E-1 Estate
3.
E Estate
4.
R Residential
5.
R-1 Residential
6.
R-2 Two-Family Residential
7.
RM Multi-Family Residential
(Ord. 13-22, §1(Exh. A))
B.
Accommodations/Tourist Zoning Districts.
1.
A Accommodations/Highway Corridor
2.
A-1 Accommodations/Low Intensity
C.
Commercial Zoning Districts.
1.
CD Downtown Commercial
2.
CO Outlying Commercial
3.
O Office
4.
CH Heavy Commercial
D.
Industrial Zoning Districts.
1.
I-1 Restricted Industrial
E.
Special Purpose and Overlay Zoning Districts.
1.
FP Floodplain Overlay Zone
2.
D-DO Downtown Design Overlay Zone
3.
H-DO Highway Corridor Design Overlay Zone
4.
SH Stanley Historic Overlay District (Ord. 18-01 #12)
(Ord. 18-01 #12, 10/23/01)
A.
Compliance Required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed in use except in accordance with all of the regulations established by this Code for the zoning district in which the land, building, or structure is located.
B.
Use Tables—Permitted Uses. Use Tables 4-1 and 4-4 (below) set forth the use classifications and specific uses permitted within the relevant zoning districts.
1.
Permitted By-Right Uses. A "P" in a cell indicates that a use classification or specific use is allowed by right in the respective zoning district. Permitted by-right uses are subject to all other applicable regulations of this Code, including the General Development Standards set forth in Chapter 7.
2.
Special Review Uses. An "S" in a cell indicates that a use category is allowed only if reviewed and approved as a Special Review Use, in accordance with the Special Review procedures of §3.5.
3.
Uses Not Allowed. A "—" in a cell indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Code.
4.
Additional Regulations. Many uses are subject to additional use-specific regulations (in addition to Chapter 7 regulations that apply to all development in general). The final column of the use table contains references to applicable use-specific standards, which are set forth in §5.1 of Chapter 5, "Use Regulations." Standards referenced in the Additional Regulations column apply in all zoning districts unless otherwise expressly stated.
5.
Use Classifications/Specific Use Types. All of the use classifications listed in Tables 4-1 and 4-4 are described and defined in Chapter 13, §13.2 of this Code. In some cases, specific uses are listed in the second column of the table. The use classifications are intended to be mutually exclusive. If a use type is specifically listed in the table, that use type is allowed only in the districts indicated, not within the districts that may allow the broader classification.
C.
Uses Not Listed as Permitted. Uses not specifically listed as permitted by right or by special review in a specific zoning district, as depicted in Use Tables 4-1 and 4-4, are prohibited unless such use is subsequently permitted pursuant to the use classification procedure set forth in §3.12 of this Code, or the rezoning/amendment procedure set forth in §3.3 of this Code.
A.
List of Districts/Specific Purposes.
1.
RE Rural Estate Zoning District. This district is established to permit relatively low-density single-family residential development in areas of the Estes Valley where this is the established and predominant land use pattern. This zone implements the "Rural Estate (RE)" future land use designation contained in the Comprehensive Plan. New residential development is encouraged to incorporate rural residential conservation designs, such as clustering and other open space preservation techniques, in order to preserve the existing rural character and limit development in sensitive environmental areas such as steep sloped areas. The regulations contained in this district will permit continued, low-density residential development, generally at densities no greater than one (1) dwelling unit per two and one-half (2.5) acres.
2.
E-1 Estate Zoning District. This district is established to preserve the predominantly lower density residential uses that have been established in the Estes Valley. This zone implements the "Estate (E-1)" future land use designation contained in the Comprehensive Plan. The district regulations permit single-family residential uses at densities of one (1) dwelling unit per acre.
3.
E Estate Zoning District. This district is established to encourage moderate density single-family residential uses in areas of the Estes Valley convenient to services and the key highway corridors. This zone implements the "Estate (E)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional parks, open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of two (2) dwelling units per acre, with a minimum lot area of one-half (½) acre.
4.
R Single-Family Residential Zoning District. This district is established to preserve and encourage relatively high-density single-family residential uses primarily within the Town of Estes Park. This zone implements the "Residential (R)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of four (4) dwelling units per acre, with a minimum lot area of one-quarter (¼) acre.
5.
R-1 Single-Family Residential Zoning District. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight (8) dwelling units per acre, with a minimum lot area of five thousand (5,000) square feet, subject to the attainable housing limitations in §11.4.C of this Code.
6.
R-2 Two-Family Residential. This district is established to encourage development of relatively denser residential housing, including two-family dwellings (duplexes) as well as single-family detached housing, primarily within the town limits of Estes Park. This zone implements the "Two-Family (R-2)" future land use designation contained in the Comprehensive Plan. District regulations will allow a minimum lot area of eighteen thousand (18,000) square feet for single-family uses and twenty-seven thousand (27,000) square feet for two-family dwellings (duplexes).
7.
RM Multi-Family Residential. This district is established to provide opportunities for multi-family residential development. This zone implements the "Multi-Family (MF)" future land use designation contained in the Comprehensive Plan.
(Ord. 13-22, §1(Exh. A))
B.
Table 4-1: Permitted Uses: Residential Zoning Districts.
Table 4-1
Permitted Uses: Residential Zoning Districts
(Ord 18-01 §13; Ord. 6-06 §1; Ord. 02-10 §1; Ord. 15-11 §1; Ord. 19-11 §1; Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 31-17 §1(Exh. A); Ord. 05-18 §1(Exh. A); Ord. 13-18 §1(Exh. A); Ord. 05-19, §1(Exh. A); Ord. 15-21, §1(Exh. A); Ord. 13-22, §1(Exh. A))
C.
Density/Dimensional Standards.
1.
Density Calculation. (See also Chapter 1, §1.9.C.)
a.
Net land area. Net land area shall be determined by subtracting from the gross land area the following:
(1)
Eighty percent (80%) of lands located in the 100-year floodplain;
(2)
Eighty percent (80%) of lands located above the elevation serviceable by the Town of Estes Park water system;
(3)
All lands within private streets or dedicated public rights-of-way; and
(4)
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.
b.
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.
c.
When applying a density standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number.
d.
The number of dwelling or accommodations 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 Table 4-2 below) is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.
2.
Table of Density and Dimensional Standards by Zoning District. Table 4-2 below lists the density and dimensional standards that apply within the residential zoning districts. These are "base" standards and are not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Code or site-specific conditions may further limit development on a specific site.
3.
Maximum Number of Principal Structures Permitted Per Lot or Development Parcel. Except in the RM zoning district, only one (1) principal structure shall be permitted per lot or development parcel.
(Ord. 17-17 §1)
4.
Table 4-2: Base Density and Dimensional Standards Residential Zoning Districts.
Table 4-2
Base Density and Dimensional Standards Residential Zoning Districts
Notes to Table 4-2
(1) (a) See Chapter 4, §4.3.D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.D.1.
(b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots in open space developments.
(c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing.
(d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1)
(2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1)
(3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities."
(4) Reserved.
(Ord. 27-17 §1(Exh.))
(5) Minimum building width requirements shall not apply to mobile homes located in a mobile home park.
(6) Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18-01 §14; Ord. 24-16 §1)
(7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1)
(8) See Chapter 1, §1.9.E, which addresses measurement of maximum height of buildings. (Ord. 18-02 §3; Ord. 20-17 §1)
(9) Maximum height for multi-family buildings in the RM Zoning District shall be thirty-eight (38) feet, for developments that comply with the provisions of Sec. 4.3.D.5 (Attainable Housing Incentive) or Sec. 4.3.D.6 (Workforce Housing Incentive) of this Code. (Ord. 20-17 §1)
(Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord. 15-11 §1; Ord. 24-16 §1; Ord. 20-17 §1; Ord. 13-22, §1(Exh. A))
D.
Additional Zoning District Standards.
1.
Private Open Areas; Applicability and Minimum Set-Aside Required. All residential developments and subdivisions containing five (5) or more units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3 below. See §7.4 for additional private open area standards.
(Ord. 18-01 #15; Ord. 2-02 #4)
Table 4-3
Minimum Private Open Areas
(Ord. 2-02 #4; Ord. 13-22, §1(Exh. A))
2.
Lot Size.
a.
General Rule. Subject to the exceptions listed below, the minimum lot sizes for lots within single-family residential subdivisions that are required to set aside private open areas shall be as shown in Table 4-3 above.
(Ord. 2-02 #4)
b.
Exception for Lots with Private Water/Sewer. The minimum lot size for lots serviced by private wells or private septic systems shall be two (2) acres in all districts.
(Ord. 2-02 #4; Ord. 13-22, §1(Exh. A))
c.
Exception for Development on Steep Slopes. Lots with an average slope of greater than twelve percent (12%) shall be subject to the lot area adjustment set forth in §7.1.A of this Code. The minimum lot areas set forth in this subsection shall be used as the base for any required increase in lot area due to steep slopes.
(Ord. 2-02 #4)
3.
Pedestrian Amenities and Linkage Requirements.
a.
Provision shall be made for pedestrian amenities and linkages in the residential zoning districts, including but not limited to sidewalks, pathways and bikeways.
b.
To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the Estes Valley Planning Commission determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas or other significant natural areas.
c.
Sidewalks shall be provided as set forth in §10.5.D, "Sidewalks, Pedestrian Connections and Trails.
4.
Attainable Housing. All developments in the R-1 District shall be subject to the attainable housing limitations for rental and owner occupancy set forth in §11.4.C.
5.
Incentives for Attainable Housing Units in the RM District: Building Height.
a.
Purpose. This Section is intended to create an incentive to provide attainable housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 4-2) for multi-family buildings in the RM District.
b.
Eligibility. All multi-family dwelling buildings incorporating attainable housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. Any multi-family dwelling building that incorporates workforce housing units as defined in Sec. 4.3.D.6 herein, and thus is given the height incentives provided in that Section, shall not be eligible for the attainability height incentives in Sec. 4.3.D.5 of this Code.
c.
"Attainable" Defined. For purposes of this Code and Chapter, "attainable housing units" shall mean the following:
1.
Renter-Occupied Attainable Housing Units.
a.
Housing units that are attainable to households earning less than one hundred and fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.
b.
[Reserved]
c.
[Reserved]
2.
Owner-Occupied Attainable Housing Units.
a.
Housing units that are attainable to households earning less than one hundred and fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.
b.
[Reserved]
d.
Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development.
e.
Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as attainable housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in Sec. 1.9 of this Code.
f.
Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service.
g.
Short-Term Rentals Prohibited. Attainable housing units designated in compliance with this height incentive shall not be rented, leased or occupied for tenancies of less than thirty (30) days (see §5.1.B).
h.
Deed Restriction Required. Attainable housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the attainability guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town or County.
(Ord. 20-17 §1)
6.
Incentives for Workforce Housing Units in the RM District: Building Height.
a.
Purpose. This Section is intended to create an incentive to provide workforce housing in the RM (Multi-Family Residential) Zoning District by allowing an increase in the maximum building height (Table 4-2) for multi-family buildings in the RM District.
b.
Eligibility. All multi-family dwelling buildings incorporating workforce housing units as defined herein that are located in the RM Zoning District are eligible for the height bonus set forth in this Section. Any multi-family dwelling building that incorporates attainable housing units as defined in Sec. 4.3.D.5 herein, and thus is given the height incentives provided in that Section, shall not be eligible for the workforce height incentives in Sec. 4.3.D.6 of this Code.
c.
"Workforce Housing Unit" Defined. For purposes of this Section and Code, "workforce housing unit" shall mean a housing unit in which at least one household member is employed within the Estes Park School District R-3 Boundaries.
d.
Maximum Permitted Height Bonus. Subject to the standards and review criteria set forth in this Code, designation of one hundred percent (100%) of dwelling units in an eligible multi-family dwelling building as workforce housing units shall make such building eligible for a maximum building height of thirty-eight (38) feet, subject to the Rules of Measurement in Sec. 1.9 of this Code.
e.
Public Sewers and Water Required. All multi-family buildings in the RM Zoning District qualifying for this height incentive shall be served by public sewer service and public water service.
f.
Short-Term Rentals Prohibited. Workforce housing units designated in compliance with this height incentive shall not be rented, leased or occupied for tenancies of less than thirty (30) days (see §5.1.B).
g.
Deed Restriction Required. Workforce housing units designated pursuant to this Section shall be deed-restricted to assure the availability of the units for sale or rent to persons meeting the workforce guidelines and definitions set forth in this Section and Code, for a period of time no less than fifty (50) years. The mechanism used to restrict the unit shall be approved by the Town or County.
(Ord. 20-17 §1)
(Ord. 13-99 §D, 11/3/99; Ord. 18-01 §§13—15, 10/23/01; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 §3, 12/10/02; Ord. 6-06 §1, 9/26/06; Ord. 25-07 §1, 11/27/07; Ord. 02-10 §1, 1/26/10; Ord. 16-10 §1, 7/27/10; Ord. 15-11 §1, 5/24/11; Ord. 19-11 §1, 9/27/11; Ord. 24-16 §1(Exh. A), 11/22/16; Ord. 29-16 §1(Exh. A), 12/15/16; Ord. 09-17 §1(Exh. A), 3/28/17; Ord. 17-17 §§ 1(Exh. D), (Exh. E), 6/13/17; Ord. 20-17 §1(Exh. A), 6/27/17; Ord. 27-17 §1(Exh.), 10/24/17; Ord. 31-17 §1(Exh. A), 11/28/17; Ord. 05-18 §1(Exh. A), 4/10/18; Ord. 05-19, §1(Exh. A), 8/27/19; Ord. 15-21, §1(Exh. A), 11/9/21; Ord. 13-22, §1(Exh. A), 7/26/22)
A.
List of Districts/Specific Purposes.
1.
Accommodations Zoning Districts.
a.
A Accommodations/Highway Corridor Zoning District. This district implements the "A-Accommodations" land use category set forth in the Comprehensive Plan. It applies primarily in highway-oriented commercial areas of the Estes Valley, and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses are located inside the same structure as the principal use. Stand-alone commercial or retail uses will not be permitted in this accommodations district; instead, such uses may be developed in the other commercial zones.
b.
A-1 Accommodations/Low-Intensity Zoning District. This district implements the "A-1-Accommodations" land use category set forth in the Comprehensive Plan. This district provides for low-intensity and small-scale residential uses, low-intensity accommodations and very limited accessory uses located along highway and roadway corridors characterized by low-intensity residential and lodging uses, including resort lodges, cabins and condominium developments. Aside from these limited residential and accommodation uses, no new commercial development shall be permitted in this district. New uses, including new accommodations, shall be developed consistent in intensity, bulk and design with the low-scale, residential character of this district.
2.
Commercial Zoning Districts.
a.
CD Downtown Commercial. This zone district is established to provide a wide variety and relatively high intensity of retail and commercial services within Downtown Estes Park to serve both residents and visitors. The CD District implements the "CBD-Commercial Downtown" land use category set forth in the Comprehensive Plan. This district is intended to encourage a predominance of compact and pedestrian-scale retail, service and office uses in the Downtown core. Residential uses, especially employee housing or when mixed with commercial or retail uses, are also encouraged within the district to provide alternative housing choices for the Valley's workforce.
It is the intent that the Downtown maintain its function as the Valley's focal point of tourist shopping and entertainment activity. This area is also a key economic engine for the Town of Estes Park and the Valley; therefore, future sales-tax generating uses are strongly encouraged. ;b03; It is also the intent of this district that new development develop in ways integrating and even enhancing the qualities of the streams, rivers, topography and other natural assets of the area.
b.
CO Outlying Commercial Zoning District. This zoning district is established to encourage the development of a wide variety of commercial and retail uses along the major corridor entryways into the Valley and the Town of Estes Park. This zoning district is established to implement the "Commercial" and "Commercial-Recreation" future land use categories recommended in the Comprehensive Plan. This district should accommodate the majority of the larger, freestanding commercial and retail buildings to meet future demand in the community.
c.
O Office Zoning District. This zoning district is established to implement the "Office" future land use category recommended in the Comprehensive Plan. The intensity of future office development will be controlled through district standards.
(Ord. 27-17 §1(Exh.))
d.
CH Heavy Commercial Zoning District. This zoning district is intended to provide for heavy commercial uses, including vehicle repair services, construction trades and bulk goods retailing. It shall be limited to areas within the Estes Valley that already contain some of these types of heavy commercial uses, and shall not include areas fronting the Valley's highways or arterial streets. Permitted uses shall include utility facilities and installations, repair services, bulk storage and limited manufacturing. Most of these uses shall be permitted by right, but subject to specific size limitations. Larger facilities shall be subject to special review.
3.
Industrial Zoning Districts.
a.
I-1 Restricted Industrial Zoning District. This zoning district implements the "Restricted Industrial" land use category recommended in the Comprehensive Plan. Permitted uses shall include a relatively wide variety of industrial uses, as reflected in the existing mix of industrial land uses, including several concrete/asphalt plants, propane distributors, construction trade yards and gravel mining and crushing facilities. However, to discourage future conflicts, residential uses shall not be permitted in this zoning district. An important element of development in this industrial zone district shall be compliance with performance standards to protect adjacent uses from adverse impacts of industrial development.
B.
Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
(Ord 10-00 §2; Ord. 6-06 §1; Ord. 2-10 §1; Ord. 19-10 §1; 15-11 §1; Ord. 19-11 §1; Ord. 13-14 §1, 7-22-2014; Ord. 06-15 §1 (Exh. A); Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 05-18 §1(Exh. A); Ord. 14-18 §1(Exh. A); Ord. 08-19 §1(Exh. A); Ord. 20-19, §1(Exh. A); Ord. 05-19, §1(Exh. A); Ord. 15-21, §1(Exh. A))
C.
Density and Dimensional Standards.
1.
Table of Density and Dimensional Standards by Zoning District. Table 4-5 below lists the density and dimensional standards that apply within the nonresidential zoning districts. These are "base" standards, not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Code or site-specific conditions may further limit development on a site.
2.
Minimum Land Area Requirements for Accommodation and Residential Uses in the Nonresidential Zoning Districts. Table 4-5 below includes a standard for "minimum land area per accommodations (guest) or residential unit," which applies only in the A, A-1 and CD zoning districts. The "minimum land area" necessary to meet this standard shall be measured using the net land area definition set forth in §4.3.C, "Density/Dimensional Standards." When applying the minimum land area standard to a parcel's net land area, all resulting fractions shall be rounded down to the next lower whole number.
3.
Maximum Units/Density Not Guaranteed. The number of dwelling or guest units allowed on a site is based on the presumption that all other applicable standards shall be met. The maximum residential or accommodations density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards.
4.
Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
Notes to Table 4-5
[1] For guest units in a resort lodge/cabin use that have full kitchen facilities, the minimum land area requirement per guest unit shall be 5,400 square feet. See also §5.1.P below
[2] If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities."
[3] For lots greater than 2 acres, minimum lot width shall be 200 feet.
[4] See Chapter 7, §7.6 for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1)
[5] All front building setbacks from a public street or highway shall be landscaped according to the standards set forth in §7.5 of this Code.
[6] Setback shall be increased to 25 feet if the lot line abuts a residential zoning district boundary.
[7] See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §6)
[8] All structures shall be set back from public or private roads that serve more than four dwellings or lots. The setback shall be measured from the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. This setback is applicable only in the "A-1" district. (Ord. 11-02 §1)
[9] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 §3)
[10] Bed and Breakfast Inns shall be calculated as one residential dwelling unit for density purposes provided the lot does not contain detached units. In all other cases, each individual guest room in a B&B shall be calculated as one guest room/unit. (Ord. 19-10 §1)
[11] For purposes of these cells, the term "SF residential property" means any property whose use (whether occupied or vacant) is in accord with §13.3.92 of this Code at the time the relevant building permit(s) are issued for development of the subject CD-zoned property, provided that the relevant building permit(s) entail a change in the setback distance adjoining the single-family property use. Notwithstanding any development approval under this Code for a lesser setback, this footnote may require an additional setback as provided in these cells if an adjacent single-family use is established prior to issuance of the relevant building permit(s) at the CD-zoned property. Otherwise, the relevant building permit(s) shall not be issued.
(Ord. 2-02 §5; Ord. 2-02 §6; Ord. 11-02 §1; Ord. 18-02 §3; Ord. 15-03 §3; Ord. 16-10 §1; Ord. 19-10 §1; Ord. 15-11 §1; Ord. 27-17 §1(Exh.); Ord. 05-21, §1(Exh. A); Ord. 14-21, §1(Exh. A))
5.
Number of Principal Uses Permitted Per Lot or Development Parcel.
a.
Maximum Number of Principal Uses Permitted. One (1) or more principal uses shall be permitted per lot or development parcel, except that in the A zoning district, only one (1) principal residential use shall be permitted per lot or development parcel.
b.
Permitted Mix of Uses. Where more than one (1) principal use is permitted per lot or development parcel, mixed-use development is encouraged, subject to the following standards:
(1)
More than one (1) principal commercial/retail or industrial use permitted by right or by special review in the zoning district may be developed or established together on a single lot or site, or within a single structure, provided that all applicable requirements set forth in this Section and Code and all other applicable ordinances are met.
(2)
Any combination of residential and commercial/retail uses that are permitted by right or by special review in the zoning district may be developed or established together on a single lot or site or within a single structure, provided that all applicable requirements set forth in this Section and Code, and all other applicable ordinances, are met. For example, a two-story structure on a single lot in the CD Downtown Commercial zoning district may have a restaurant or retail store on the ground floor, and residential apartments or condominiums on the second floor.
D.
Additional Zoning District Standards.
1.
Operational Requirements.
a.
Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(1)
Except as may be allowed in paragraph (3) below, all retail sales, displays and activities and all other uses, storage and activity shall be wholly contained within the interior of a building or permanent structure.
(2)
Retail merchandise shall not be displayed in any way on doors that provide customer access to a building or on windows that open out onto or over public ways, including sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area.
(3)
Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses, storage or activity shall be permitted within the CD zoning district:
(a)
Municipal uses, provided that such municipal uses are approved by the Board of Trustees.
(b)
Permitted outdoor seating and dining areas (See §5.1.M).
(c)
Parking lots as a principal use or parking lots and loading areas as permitted accessory uses, subject to screening, landscaping and other applicable requirements set forth in this Code.
(d)
Accessory refuse collection areas subject to screening and other applicable requirements set forth in this Code.
(e)
Automated Teller Machine (ATM) and/or interactive kiosks intended to serve walk-up customers only. ATMs or kiosks shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks or through other areas intended for public usage.
(f)
Outdoor mobile food vendor uses.
(Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 34-17 §1(Exh. A))
b.
Performance Standards. All new development in the nonresidential zoning districts shall comply with the performance standards set forth in §7.10 of this Code.
2.
CD, CO and O Zoning Districts: Building Siting, Orientation and Materials Requirements.
a.
The main entrance of all buildings in the CD, CO and O zoning districts shall be oriented to the front property line. If a lot fronts an arterial road or state highway, the main entrance of all buildings shall face the road or highway.
b.
To the maximum extent feasible, each principal structure on a site shall avoid long flat or blank walls that face a public street. All sides of a building that face a public street shall be finished with the same materials as the primary facade.
3.
Vehicular Access and Circulation Requirements. Provision shall be made for vehicular access and circulation in the nonresidential zoning districts as shown in Table 4-7 below:
Table 4-7
Vehicular Access and Circulation Requirements
Nonresidential Zoning Districts
4.
Pedestrian Amenities and Linkage Requirements. Provision shall be made for pedestrian amenities and linkages in the nonresidential zoning districts as shown in Table 4-8 below:
Table 4-8
Pedestrian Amenities and Linkage Requirements
Nonresidential Zoning Districts
(Ord. 10-00 §2, 7/25/00; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 §3, 12/10/02; Ord. 15-03 §3, 8/12/03; Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; Ord. 16-10 §1, 7/27/10; Ord. 19-10 §1, 8/24/10; Ord. 15-11 §1, 5/24/11; Ord. 19-11 §1, 9/27/11; Ord. 29-16 §1(Exh. A), 12/15/16; Ord. 09-17 §1(Exh. A), 3/28/17; Ord. 17-17 §1(Exh. D), 6/13/17; Ord. 27-17 §1(Exh.), 10/24/17; Ord. 34-17 §1(Exh. A), 2/13/18; Ord. 05-18 §1(Exh. A), 4/10/18; Ord. 14-18 §1(Exh. A), 10/23/18; Ord. 08-19 §1(Exh. A), 5/14/19; Ord. 20-19, §1(Exh. A), 7/23/19; Ord. 05-19, §1(Exh. A), 8/27/19; Ord. 05-21, §1(Exh. A), 5/11/21; Ord. 14-21, §1(Exh. A), 9/28/21; Ord. 15-21, §1(Exh. A), 11/9/21)
A.
Floodplain Overlay Zoning Districts.
1.
Properties Located in the Town of Estes Park. All properties subject to the jurisdiction of the Town of Estes Park shall be subject to the floodplain regulations set forth in the Town of Estes Park Municipal Code, Chapter 17.28, "Floodplain Regulations."
2.
Properties Located in Unincorporated Larimer County. All properties subject to the jurisdiction of Larimer County shall be subject to the floodplain regulations set forth in the Larimer County Land Use Code, §4.2.1, "Flood Plain Overlay Zone."
B.
Downtown Design Overlay District - RESERVED (Ord. 18-01 #16)
C.
Highway Corridor Overlay District - RESERVED (Ord. 18-01 #16)
D.
Stanley Historic Overlay District.
1.
All development in the Stanley Historic Overlay District shall comply with the Stanley Historic District Procedures and Standards for Development, set forth in Chapter 17.44 of the Town of Estes Park Municipal Code, as amended from time to time.
(Ord. 18-01 #16)
(Ord. 18-01 #16, 10/23/01; Ord. 27-17 §1(Exh.), 10/24/17)