This Section contains regulations that apply to specific uses or classes of uses.

A.

Adult Business. All adult business uses shall be subject to special review and shall also comply with the following standards:

1.

No adult business use shall be located within five hundred (500) feet of any residentially zoned or used property.

2.

No adult business use shall be permitted within five hundred (500) feet of any school, place for religious assembly, public park, playground, other adult business use or liquor store.

3.

Adult business use buildings, entries, windows and other openings shall be located, covered or screened to prevent a view into the interior from any public area, including sidewalks, bike/pedestrian paths and streets.

B.

Vacation Home.

1.

Issuance of an operating registration for a vacation home shall not constitute a zoning entitlement for a property's use as a vacation home, nor shall absence of an operating registration for a vacation home constitute removal or abrogation of a property's zoning permissibility for use as a vacation home. However, both appropriate zoning permission and compliance and a valid current business license shall be necessary elements in order for operation as a vacation home to occur.

2.

Residential Character in Residential Zoning Districts. Vacation homes in residential zoning districts shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. Design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use.

3.

Except as specifically provided for elsewhere in this Code, general development standards (Chapter 7) as required by the underlying zoning district shall be applicable to vacation homes. For structures that in the absence of vacation home registration would be classified in Section 13.3.92 as single-family detached dwellings, development standards shall be those for single-family detached dwellings. For all other structures, development standards shall be those for "hotel, small."

4.

Large Vacation Home Review (LVHR) for Nine-and-Over Vacation Homes in Residential Zoning Districts.

a.

The owner of record of a vacation home in a residential zoning district that has filed a complete application for an eight-and-under vacation home operating registration on or before March 31, 2017, may make application for large vacation home review (LVHR) under the procedures of this Section and Code to allow nine (9) or more individuals to occupy the vacation home, provided that:

(1)

The vacation home for which large vacation home review application is made has four (4) or more sleeping rooms; and

(2)

The vacation home is in compliance with all applicable Building, Health, and Fire Codes, or is brought into compliance with said Codes by deadline dates as specified in accordance with the Codes.

b.

The large vacation home review application shall be reviewed and may be approved by motion and affirmative vote of the Planning Commission. The Planning Commission's decision shall be final, except that an appeal by a party in interest of the Planning Commission's decision may be made to the Town of Estes Park Board of Trustees.

c.

Large vacation home review for a nine-and-over vacation home shall comply with the following policies and procedures:

(1)

The procedure for application, review, and approval shall comply with the "Procedure Checklist for Large Vacation Home Review: Nine-and-Over Vacation Homes," promulgated and maintained by the Community Development Department;

(2)

The required "Vacation Home Safety Inspection Report" and "Vacation Home Location Inspection Report" shall be provided to the Planning Commission prior to any Planning Commission approval of a large vacation home review;

(3)

The minimum lot size for a nine-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a lot size of less than one (1) acre is commensurate with large vacation home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the large vacation home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing;

(4)

The minimum front, side, and rear setback from any lot boundary shall be twenty-five (25) feet or the setback under the zoning district, whichever is greater, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a setback of less than twenty-five (25) feet or less than the setback under the zoning district, whichever may be applicable, is commensurate with large vacation home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the large vacation home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing;

(5)

An approved large vacation home shall in no case be occupied by more than two (2) occupants per bedroom plus two (2) additional occupants.

d.

Denial of a large vacation home review zoning permission for use as a nine-and-over vacation home shall not void an existing license for an eight-and-under vacation home, nor shall such denial in itself void zoning permissibility for use as an eight-and-under vacation home; provided that eight-and-under vacation home zoning requirements in this Code and other applicable regulations remain applicable.

e.

Zoning approval of a large vacation home does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to Chapter 5.20 of the Municipal Code in order to operate the property as a vacation home.

(Ord. 02-10 §1; Ord. 29-16 § 1; Ord. 09-17 § 1; Ord. 06-19 §1(Exh. A); Ord. 08-21, §3(Exh. B))

C.

Commercial Recreation or Entertainment Establishments.

1.

All commercial recreation or entertainment establishments shall be subject to the following standards:

a.

The use of firearms shall not be permitted as a part of user activities.

b.

A traffic impact study shall be submitted that assesses the impacts of the proposed use on existing roads, intersections and circulation patterns, and that demonstrates compliance with the traffic facility standard set forth in §7.12 of this Code, and/or sets forth mitigation measures to eliminate or substantially reduce such impacts.

2.

In addition to the standards set forth in paragraph C.1 above, riding academies, livery stables and roping or equestrian areas shall be subject to the following standards:

a.

The minimum lot or parcel size for such uses shall be five (5) acres.

b.

The Applicant shall submit a plan for the management of odor, dust and waste as part of the application for special review or development plan approval.

D.

Construction Storage Yards, Salvage Yards, Industrial Services (Repair or Storage). The following standards shall apply to all salvage yards and heavy equipment and industrial storage yards that abut an arterial street, a residential use or a residential zone district boundary, unless the subject use and related activities are entirely enclosed within a building:

1.

Such uses shall be screened with a solid (100% opaque) wall or fence with a minimum height of eight (8) feet.

2.

No outdoor storage area shall be placed or maintained within a required building or yard setback.

3.

Stored items shall not project above the fence or wall used to screen the material.

4.

It shall be unlawful to store or otherwise have, maintain or allow on a single parcel of land or on contiguous parcels under common ownership more than one (1) nonfarm vehicle not having current Colorado license plates or registration unless the vehicle is in an approved auto repair garage, body shop, gas station or other similar use where vehicle storage is permitted. There shall be no limit on the number of active or serviceable agricultural vehicles on a parcel of land, regardless of whether such vehicles have current registration or license plates; however, the restrictions of one (1) vehicle per parcel of land shall apply to agricultural vehicles that are clearly abandoned or that are not, in their present condition, suitable for active agricultural use.

E.

Convenience Stores.

1.

If fuel is sold as part of the convenience store operation, the conditions for service stations listed in §5.1.Q below shall also apply. In addition, parking areas for retail sales and fuel service shall be separated from each other, and circulation within the property to each parking area shall be separate and clearly marked or evident.

2.

No drive-through service shall be permitted as part of the operation of a convenience store.

3.

Outdoor seating areas may be permitted; see §5.1.M "Outdoor Seating Areas or Food Service" use-specific standards below.

F.

Day Care Centers and Large Family Home Day Care. Day care centers and large family home day care shall be subject to the following standards:

1.

The minimum lot area for a day care center in residential zoning districts shall be twelve thousand (12,000) square feet.

(Ord. 6-06 §1)

2.

In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions related to location, configuration and operational aspects of the center or home to ensure that the use is compatible with surrounding uses. This includes, but is not limited to, hours of operation, noise, lighting and parking.

(Ord. 6-06 §1)

3.

In approving day care centers and large family day care homes, the Decision-Making Body may impose conditions on the site design and structures to ensure compatibility with the character of the surrounding neighborhood in terms of building mass, scale and design.

(Ord. 6-06 §1)

4.

Large family day care homes shall have direct access to a paved public street.

(Ord. 6-06 §1)

5.

Day care centers in the E, E-1, and RE residential zoning districts shall be adjacent to an arterial street.

(Ord. 6-06 §1; Ord. 13-22, §1(Exh. A))

G.

Eating/Drinking Establishments.

1.

In the A, O and I-1 zoning districts, eating/drinking establishments may be permitted in buildings as an accessory use not occupying more than twenty-five percent (25%) of the gross floor area. See also the specific use regulations applicable to hotels in §5.1.J below.

2.

For restaurants and other eating/drinking establishments with outdoor seating areas or outdoor food service, see §5.1.M below.

H.

Emergency Health Care. In the CD zoning district, the emergency health care service must be small-scale (not exceeding seven thousand five hundred [7,500] square feet), and the provider must furnish sufficient proof that emergency response vehicles and other visitors and activities associated with the proposed use will not interfere with existing or anticipated surrounding uses.

I.

Group Living Facilities, Small; Group Living Facilities, Large; Senior Institutional Living Uses.

1.

Generally Applicable Standards. All the above-listed uses shall be subject to the following standards:

a.

The number of residents occupying a facility at any one (1) time, including staff and family of staff, shall not exceed one (1) person per two hundred (200) square feet of living space.

b.

All structures shall be compatible in terms of building mass, scale and design with the character of the surrounding neighborhood.

c.

Such use proposed to be sited in an existing structure and proposed to house more than five (5) clients or persons shall, to the maximum extent feasible, meet the requirements set forth in the current applicable Building and Fire Codes.

2.

Standards for All Senior Institutional Living Uses and Large Group Living Facilities. If active and continuous operations are not carried on for a period of twelve (12) consecutive months in a facility that was approved pursuant to this Code, the use shall be considered to be abandoned. As applicable, the use may be reinstated only after obtaining a new special review approval.

J.

Hotels. All hotel uses shall be subject to the following standards:

1.

Up to fifteen percent (15%) of the gross floor area of a hotel may be in nonliving-quarter accessory uses, including management/employee offices, meeting rooms, banquet halls, retail services such as newsstands and gift shops, and similar accessory uses, provided that any incidental business is conducted primarily as a service to guests, and there is no entrance to such places of business except from inside the building.

2.

In addition to the accessory uses allowed in paragraph J.1 above, up to an additional twenty-five percent (25%) of the gross floor area of a hotel may be devoted to eating/drinking establishments as an accessory use.

K.

Mobile Home Park. All mobile home parks shall be subject to compliance with the regulations governing mobile home parks in §7.14 of this Code.

L.

Outdoor Display/Sales and Storage. All uses with outdoor displays, sales or storage shall be subject to compliance with the outdoor display/sales regulations in §7.13 of this Code. See also §4.4.D.1 for specific operation restrictions on outdoor displays and sales applicable in the CD Downtown Commercial zoning district.

M.

Outdoor Seating Areas or Food Service (Convenience Stores or Eating/Drinking Establishments).

1.

Outdoor Seating Areas.

a.

Eating and drinking establishments or convenience stores may provide outdoor seating areas, including tables and chairs, for the use of their customers.

b.

The outdoor seating area shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks or through other areas intended for public usage.

c.

In approving outdoor seating areas, the Decision-Making Body may impose conditions relating to the location, configuration and operational aspects (such as lighting) of such outdoor seating areas to ensure that such outdoor seating areas will be compatible with surrounding uses, will be maintained in an attractive manner and will comply with applicable Building and Fire Codes.

(Ord. 8-05 §1)

2.

Outdoor Food Service.

a.

Eating and drinking establishments may provide outdoor food service on the site of the principal use at tables provided by the establishment.

b.

Food service shall be provided by employees of the establishment.

c.

In approving outdoor food service, the Decision-Making Body may impose conditions relating to the location, configuration and operational aspects (such as lighting and litter control) of such outdoor food service areas to ensure that such area is compatible with surrounding uses, is maintained in an attractive manner and will comply with applicable Building and Fire Codes.

N.

Prohibited Uses. The following uses are specifically prohibited in all zoning districts:

1.

Feedlots.

2.

Junkyards. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk.

3.

NAICS Subsector 324. All establishments falling within the North American Industry Classification System (NAICS) Subsector 324, Petroleum and Coal Products Manufacturing, as identified in the North American Industry Classification System United States Manual (OMB 1997).

4.

NAICS Subsector 331. All establishments falling within the North American Industry Classification System (NAICS) Subsector 331, Primary Metal Manufacturing, as identified in the North American Industry Classification System United States Manual (OMB 1997).

5.

NAICS Industry 22111. All electric power generation facilities falling within the North American Industry Classification System (NAICS) Industry 22111, Electric Power Generation, as identified in the North American Industry Classification System United States Manual (OMB 1997).

6.

NAICS Industry Group 3116. All establishments falling within the North American Industry Classification System (NAICS) Industry Group 3116, Animal Slaughtering and Processing, as identified in the North American Industry Classification System United States Manual (OMB 1997).

O.

Religious Assembly.

1.

Caretaker Quarters. A single-family dwelling unit, located on the same lot as the religious assembly use, and occupied by the facility's pastor, minister, rabbi or similar leader, may be permitted as an accessory use to the facility. See §5.2.C.2.a for additional regulations applicable to accessory caretaker quarters use.

2.

Schools and Day Care Centers as Accessory Uses. Accessory schools and day care centers must comply with the specific use standards in §5.1.F.

(Ord. 6-06 §1; Ord. 19-11 §1)

P.

Resort Lodge/Cabins. A guest room or unit contained in a resort lodge/cabin accommodations use may contain full kitchen facilities instead of the otherwise required "limited kitchen facilities" (see definition of "guest room" in §13.3), provided that the following conditions are satisfied:

1.

The guest room/unit is contained in a freestanding, detached "cabin" structure, and such structure contains no more than four (4) such guest rooms/units.

2.

For purposes of permitted density/intensity calculations, all guest rooms/units with full kitchen facilities shall comply with a minimum five-thousand-four-hundred-square-foot land area per unit requirement, in lieu of the one-thousand-eight-hundred-square-foot requirement for accommodations units set forth in Table 4-5 of this Code.

(Ord. 19-10 §1)

Q.

Vehicle Services, Limited. All service stations, car washes and quick lubrication service uses shall be subject to the following standards:

1.

Minimum Separation. Such uses shall be located at least five hundred (500) feet from schools and day care uses, as measured from the outer boundaries of the sites.

2.

Site Layout. Conditions of development plan approval may require buffering, screening or planting areas necessary to avoid adverse impacts on properties in the surrounding areas.

3.

Storage and Accessory Sales of Materials and Equipment.

a.

No outdoor displays of materials or equipment shall be allowed, except that a display rack for automobile products no more than four (4) feet wide may be maintained within three (3) feet of the principal building, subject to a limit of one (1) such display rack per street frontage.

b.

Storage of unlicensed or inoperable vehicles shall be prohibited.

4.

Specific Standards for Service Stations and QuickLubrication Services.

a.

The use shall be located at least one hundred (100) feet from the property boundary of any residential zoning district.

b.

All minor repair work, vehicle washing, lubrication and installation of parts and accessories shall be wholly performed within an enclosed structure.

c.

All automobile parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence. A chain link fence with slats shall not constitute acceptable screening or fencing for the purposes of this provision.

d.

All vehicles awaiting repair or service shall be stored on site in approved parking spaces and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.

e.

Fuel pump location shall comply with the following requirements:

(1)

Fuel pumps shall be located at least thirty (30) feet from the edge of the right-of-way of a public street.

(2)

Subject to the setback in paragraph e(1) above, except on corner lots, fuel pumps shall be located in no more than one (1) yard. For example, if fuel pumps are located in the front yard of a lot, they may not also be located in a side or rear yard.

(3)

On corner lots, again subject to the setback in paragraph e(1) above, fuel pumps may be located in either or both of the yards adjacent to a street lot line, provided that safe vehicular access to the fuel pumps is available from both intersecting streets.

f.

All tanks containing fuel, oil, waste oils and greases or similar substance shall be placed underground at least twenty-five (25) feet from any property line, and vented, in accordance with Colorado state health and safety requirements.

g.

All discarded materials such as tires, cans, drums and the like shall be stored in an enclosed area and under cover.

h.

A canopy over the fuel pumps may be erected, provided that the following conditions are met:

(1)

The canopy may be either attached or detached from the principal building;

(2)

The canopy structure shall comply with all minimum building setback standards applicable to the principal structure (See Table 4-5 in Chapter 4 above); and

(3)

The canopy structure shall not be enclosed.

(Ord. 27-17 § 1(Exh.))

R.

Vehicle/Equipment Sales and Rentals. Vehicle and equipment sales uses (including automobiles, recreational vehicles, boats, trucks and motorcycles) shall be subject to the following standards:

1.

Vehicle or equipment displays shall not be located within a required setback area.

2.

Front yard setback areas shall be landscaped to provide a buffer between the right-of-way and vehicle or equipment sales/storage areas. Side yard setback areas shall also be landscaped if the side yard abuts a public right-of-way. See §7.5 below.

3.

No vehicle or equipment shall be stored in a required landscape area.

4.

Not more than one (1) vehicle display pad, which may be elevated up to three (3) feet in height, shall be permitted per one hundred (100) feet of street frontage.

5.

No other materials for sale shall be displayed between the principal structure and the street.

S.

Warehousing and Storage; Wholesale Sales and Distribution. All warehousing and storage uses and wholesale sales and distribution uses shall be permitted subject to the following standards:

1.

All wholesaling, distribution and storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within a totally enclosed building.

2.

Vehicles used for transporting the warehoused products shall be screened from view from all neighboring properties and from internal and external streets with a minimum six-foot solid masonry or wood fencing and landscaping, berms and landscaping or other approved comparable screening.

T.

Reserved.

(Ord. 15-21, §1(Exh. A))

U.

Bed and Breakfast Inn.

1.

Issuance of an operating registration for a bed and breakfast inn shall not constitute a zoning entitlement for a property's use as a bed and breakfast inn, nor shall absence of an operating registration for a bed and breakfast inn constitute removal or abrogation of a property's zoning permissibility for use as a bed and breakfast inn. However, both appropriate zoning permission and compliance and a valid current business license shall be necessary elements in order for operation as a bed and breakfast inn to occur.

2.

Residential Character.

a.

Bed and breakfast inns shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one (1) household. This includes, but is not limited to, the following:

(1)

Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use.

(2)

Guest rooms shall be integrated within the bed and breakfast inn.

(3)

Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms.

(4)

Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room.

(5)

No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted.

(6)

Vehicular traffic and noise levels shall not be out of character with residential use.

3.

Large Bed and Breakfast Inns. A residential structure with four (4) or more sleeping rooms may be permitted only by special review in accordance with the S2 procedure. The maximum occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in the special review approval granted by the Town Board; provided that occupancy shall be limited to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and breakfast inn. Zoning approval of a large bed and breakfast inn does not obviate the need for the property owner to maintain an active annual operating registration (business license) pursuant to Chapter 5.20 of the Municipal Code in order to operate the property as a bed and breakfast inn.

(Ord. 31-17 § 1(Exh. A); Ord. 06-19 §1(Exh. B); Ord. 08-21, §3(Exh. B))

V.

Cultural Institutions.

1.

Cultural Institutions in residential districts shall be restricted to museum use as defined herein. Museums shall be permitted with an S2 special review approval on sites that meet one or more of the following requirements:

a.

The site and/or structure is identified with a person or entity who significantly contributed to the development, cultural, artistic, social, ethnic, economic, political, technological or institutional heritage of Estes Park.

b.

The site and/or structure portrays one or more historic eras characterized by a distinctive design style.

c.

The site and/or structure embodies elements of design, detail, materials, or craftsmanship that represent a significant quality of design and/or development.

(Ord. 13-18 §1(Exh. B))

W.

Park and Recreation Facilities. Park and recreation facilities shall be divided into two classifications: public, and private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b.

1.

Public park and recreation facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public park and recreation facilities are permitted in most zoning districts as listed in Tables 4-1 and 4-4. Public park and recreation facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. A location and extent review is required to establish or modify a public park and recreation facility.

2.

Private park and recreation facilities in residential districts, as standalone activities with permission of the property owner(s), shall be restricted to the following uses:

a.

Horseback Riding with ten or fewer participants per riding group;

b.

Fishing (including fishing lessons on private ponds), with appropriate licensing or permitting;

c.

Photography;

d.

Hiking and climbing activities;

e.

Swimming;

f.

Non-motorized boating, canoeing, kayaking (electric-assist boating shall be allowed);

g.

Non-motorized cycling (electric-assist bicycling shall be allowed);

h.

Passive open space.

(Ord. 05-19 §1(Exh. A))

(Ord. 8-05 §1, 6/14/05; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; 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. 27-17 § 1(Exh.), 10/24/17; Ord. 31-17 § 1(Exh. A), 11/28/17; Ord. 13-18 §1(Exh. B), 8/28/18; Ord. 05-19 §1(Exh. A), 8/27/19; Ord. 03-20 §2, 2/11/20; Ord. 06-19 §1(Exhs. A, B), 4/23/19; Ord. 08-21, §3(Exh. B), 5/25/21; Ord. 15-21, §1(Exh. A), 11/9/21; Ord. 13-22, §1(Exh. A), 7/26/22)

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); Ord. 18-21, §1(Exh. A); Ord. 13-22, §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 living quarters integrated either with 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-nine percent (49%) 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 shall contain private sanitary facilities with hot and cold running water, 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. Rentals of accessory dwelling units must be 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.

(6)

[Removed.] (Ord. 15-24, §2)

(7)

Off-Street Parking. At least one (1) off-street parking space shall be provided for each bedroom located in an accessory dwelling unit, with a minimum of one (1) off-street parking space provided per accessory dwelling unit.

(8)

Lot Area.

(a)

Accessory dwelling units shall be permitted as an accessory use by right on properties which meet the minimum lot area standard of the zone district as set forth in Table 4-2.

(b)

Lots legally non-conforming as to minimum lot size as set forth in Table 4-2 are eligible to pursue accessory dwelling unit approval by application for a conditional use permit (see § 3.16).

(c)

As an alternative to the CUP process, should the size of a legally non-conforming lot be at least 70% of the minimum lot size of the zone district as set forth in Table 4-2, an accessory dwelling unit shall nevertheless be a permitted use by right if the owner has placed a deed restriction or restrictive covenant on the use of the accessory dwelling unit, restricting its use to attainable or workforce housing, under the same standards and processes as described in section 11.4(E)(4).

(9)

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 separately from the principal dwelling unit.

(d)

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.

(Ord. 18-21, §1(Exh. A))

b.

Family Home Day Care. (Repealed by Ordinance 6-06 §1)

c.

Garages and Off-Street Parking Areas.

(1)

Such accessory use shall serve only the residents of the property and shall not be used for commercial purposes.

(Ord. 15-03 #1)

(2)

For garages attached to or detached from a single-family dwelling:

(a)

No more than thirty-two (32) linear feet of garage door(s) shall be oriented towards a front lot line; and

(b)

No more than twenty-two (22) linear feet of garage wall, without architectural openings such as windows and doors, shall be oriented towards a front lot line.

(Ord. 15-03 #1)

d.

Home Occupations.

(1)

Size/Area: A home occupation shall not exceed twenty percent (20%) of the floor area of the building in which the home occupation is located, excluding garage space. This size/area requirement does not apply to family home day care.

(Ord. 15-03 #1; Ord. 6-06 §1; Ord. 18-21, §1(Exh. A))

(2)

Location: Home occupations are permitted in both principal dwelling units and accessory dwelling units in all zoning districts that allow home occupations, though the home occupation must be integrated within the building of the related dwelling unit(s); except that on lots equal to or greater than one-and-one-half (1.5) acres in size, home occupations may be located in uninhabited accessory structures.

(Ord. 15-03 #1; Ord. 18-21, §1(Exh. A))

(3)

Employees: No one other than a resident of the dwelling shall be employed on site, report to work at the site or pick up supplies or products on site in the conduct of a home occupation. This prohibition also applies to independent contractors. Family home day care home occupations are exempt from this requirement.

(Ord. 15-03 #1; Ord. 6-06 §1)

(4)

Operational:

(a)

There shall be no stock-in-trade other than products fabricated by artists and artisans.

(b)

A home occupation shall be conducted entirely within a portion of a building not within a required parking area. Outdoor play areas are permitted in conjunction with family home day care. All loose play items, such as toys and games, shall be stored inside at the close of business each day.

(Ord. 6-06 §1)

(c)

Vehicle or equipment sales, rentals or repairs shall not be conducted as a home occupation.

(d)

Personal and professional services shall be provided on an appointment-only basis.

(e)

No home occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale or sold on the premises except by prior appointment.

(f)

There shall be no advertising of the address of the home occupation that results in attracting persons to the premises.

(g)

No kilns exceeding ten (10) cubic feet in size shall be permitted.

(h)

All home occupations shall comply with the performance standards prescribed by §7.10 of this Code. There shall be no electrical or mechanical equipment not normally found in a residential structure.

(i)

No home occupation shall be allowed that will create noise, dust, fumes, odors, smoke, glare, vibration, electrical hazards, fire hazards or the storage of hazardous materials or any other nuisance to a greater degree than normally experienced in the residential district in which the permit is granted.

(j)

For home occupations on lots with shared private water systems, written approval of the water association shall be required for home occupations that will increase the demand on the water system.

(Ord. 6-6 §1)

(5)

Exterior Appearance and Outdoor Storage:

(a)

No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted.

(b)

No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted.

(6)

Parking/Vehicles/Traffic:

(a)

Not more than one (1) truck with a maximum capacity of one (1) ton incidental to a home occupation shall be kept on the site.

(b)

The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than two (2).

(c)

A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount associated with residential uses in the district, i.e., ten (10) vehicle trips per day.

(d)

The Decision-Making Body shall review the proposed home occupation to ensure that safe and adequate access is provided for customers. At a minimum, the street or shared driveway providing access to a home occupation shall have a minimum width of eighteen (18) feet if serving more than ten (10) customer trips per day.

(Ord. 6-06 §1)

(e)

For home occupations accessed via roads that are managed by a private road maintenance association, written approval of the association shall be obtained to permit customer trips generated by the home occupation.

(Ord. 6-06 §1)

e.

Storage or Parking of Vehicles, Recreational Equipment and Recreational Vehicles.

(1)

Only vehicles, recreational equipment and recreational vehicles owned by an occupant of a principal residential building may be parked or stored.

(Ord. 15-03 §1)

(2)

Parking or storage shall occur on the same lot as the principal residential use. Vehicles, recreational equipment and recreational vehicles that are on a lot are considered parked or stored.

(Ord. 15-03 §1)

(3)

Recreational equipment and recreational vehicles shall have no fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall they be used for dwelling, business or commercial purposes or for any accessory uses in any zoning district.

(Ord. 15-03 §1)

(4)

Recreational equipment and recreational vehicles may be parked or stored outside if all of the following requirements are satisfied:

(a)

Recreational equipment and recreational vehicles may be parked no closer to the street than behind the front setback in a side yard.

(b)

Recreational equipment and recreational vehicles may be parked no closer than three (3) feet to a side or rear yard lot line.

(Ord. 15-03 §1)

(5)

Limit on Parked or Stored Recreational Equipment and/or Recreational Vehicles on a Lot.

(a)

Applicability. This Section applies to all recreational equipment and recreational vehicles that are not parked or stored in a fully enclosed garage.

(b)

As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of two (2) pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of three (3) pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more than a total of four (4) pieces of recreational equipment and/or recreational vehicles shall be parked or stored on a lot greater than five (5) acres in size.

(c)

As Accessory to Town Home or Multi-Family Principal Uses: No more than one (1) piece of recreational equipment or one (1) recreational vehicle shall be parked or stored for every ten (10) dwelling units.

(Ord. 15-03 §1)

(6)

Limit on Number of Parked or Stored Vehicles, Not Including Recreational Equipment and Recreational Vehicles, on a Lot.

(a)

This Section applies to all vehicles that are not parked or stored in a fully enclosed garage.

(b)

As Accessory to Single-Family and Two-Family Principal Uses. No more than a total of four (4) vehicles shall be parked or stored on a lot of two (2) acres or less. No more than a total of five (5) vehicles shall be parked or stored on a lot greater than two (2) acres in size, but less than five (5) acres. No more than a total of six (6) vehicles shall be parked or stored on a lot equal to, or greater than five (5) acres, but less than ten (10) acres. No more than a total of eight (8) vehicles shall be parked or stored on a lot equal to, or greater than ten (10) acres.

(Ord. 15-03 §1)

(7)

Bed and Breakfast Inns and Vacation Homes. See §5.1.B, which further limits vehicle storage and parking for dwelling units that are permitted as a bed and breakfast inn or vacation home.

(Ord. 02-10 §1)

f.1

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 (1) family unit, as defined in Section 13.2.C.28 "Household Living."

(3)

The dwelling shall have only one (1) 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 require 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.

(Ord. 03-10 §1)

f.2

Outdoor kitchen. A single-family dwelling may have one (1) outdoor kitchen, either attached to the principal structure or detached, in addition to one (1) or more kitchens inside the principal structure, provided that:

(1)

An outdoor kitchen shall be a minimum of ten (10) feet from the rear lot line and not closer to the side lot line than the required side yard setback of the applicable district.

(2)

Cooking appliances in an outdoor kitchen shall maintain a minimum distance from combustible materials as recommended by the appliance manufacturer and as may be required under the applicable International Fire Code (IFC).

(Ord. 08-17 §1)

g.

Micro Wind Energy Conversion Systems.

(1)

Size. The swept area of any individual micro wind energy conversion system shall not exceed fifteen (15) square feet.

(2)

Height. Height shall be measured from original natural grade to the highest point of the structure moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet.

(3)

Setbacks. Micro wind energy conversion systems shall be subject to setback requirements set forth in Chapter 4.

(4)

Ridgeline Protection Areas. Micro wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in §7.2.

(5)

Noise. All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended). All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park.

(6)

Lighting Prohibited. Lighting, graphics, signs and other decoration are prohibited on the system, nor shall lighting be located in such a manner to illuminate the structure.

(7)

Operating Condition. All systems shall be kept in safe operating condition. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in Chapter 12.

(8)

Safety Regulations. All micro-wind energy conversion systems shall provide means of protection from any blades or moving parts by either:

a.

Ground Clearance. The minimum distance between the ground and any blades or moving parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area; or

b.

Enclosures. Blades and moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds or any combination thereof.

(9)

Permit Required. A permit shall be required for the installation or modification of any micro wind energy conversion system that:

a.

Is connected to the Town of Estes Park Light and Power Distribution System; or

b.

Has a height of fifteen (15) feet or more.

(10)

Limit on Number. Multiple systems may be installed on a lot, but shall not exceed a cumulative aggregate swept area of forty-five (45) square feet.

(11)

Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades.

(12)

Electrical Connections. Electrical connections and lines shall be placed below ground.

(Ord. 11-10 §1)

h.

Small Wind Energy Conversion Systems (SWECS or "system").

(Ord. 21-10 §1)

(1)

Conditional Use Permit.

a.

A conditional use permit shall be required for all systems.

b.

The purposes of the conditional use permit if to ensure the system mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services and the environment.

c.

This shall require the system to be located and sized to lessen the impacts (such as to principal view corridors) on nearby land uses and properties regardless of any associated negative impacts on system performance.

(2)

Submittal Requirements.

a.

Site plan, including: property lines with distances and bearings; location and dimensions of existing structures on the site; location of the proposed wind turbine and appurtenant equipment; setback from property lines; rights-of-way or easements for any adjoining roads or drives; edge of any adjoining roads or drives; existing utilities and utility easements; extent of shadow during winter solstice.

b.

Small wind energy conversion system specifications, including: manufacturer; model; rotor diameter and/or swept area; structure height to highest point; and tower design.

c.

Tower and foundation blueprints and drawings.

d.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

e.

The site plan and foundation plan shall be stamped by a professional engineer.

(3)

Review Criteria. Through the conditional use permit review process, the small wind energy conversion system shall be evaluated for compliance to review criteria, including but not limited to:

a.

Visual Impact. SWECS shall be sited and sized in a manner to minimize visual impact to principal view corridors of adjoining properties. The Planning Commission may require the structure to be located outside of said principal view corridors. Principal view corridors shall be those views from primary living areas of the principal structure on a lot.

b.

Noise. SWECS shall be sited to ensure compliance with maximum noise levels set forth in the Development Code.

c.

Shadow-flicker. SWECS shall be sited in a manner that does not result in shadowing or flicker impacts on structures located on adjoining properties.

d.

Color. The color of the SWECS shall either be the stock color from the manufacturer or painted with a non-reflective grey or white color.

e.

Design. All towers shall be freestanding.

f.

Wildlife. SWECS shall be subject to Wildlife Habitat Protection standards set forth in Section 7.8.

(4)

Building Permit Required. A building permit shall be required for the installation of all small wind energy conversion systems.

(5)

Limit on Number. There shall not be more than one (1) system on a lot.

(6)

Size. The swept area of any individual system shall not exceed one hundred twenty-five (125) square feet.

(7)

Swept area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades of the largest cross-sectional area of any shroud or cowling enclosing the wind-driven parts.

(8)

Height. Height shall be measured from original natural grade to the highest point of the structure moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet.

(9)

Setbacks.

a.

Setbacks from all property lines shall be at least two (2) times the structure height. For example: a thirty-foot tall system shall have a minimum setback of sixty (60) feet from the nearest property line.

b.

This setback requirement shall also apply to public or private roads that serve more than four (4) adjacent or off-site lots, and 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.

(10)

Ridgeline Protection Areas. Small wind energy conversion systems shall be subject to Ridgeline Protection Standards set forth in Section 7.2.C.

(11)

Noise. All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended). All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park.

(12)

Lighting Prohibited. Lighting, graphics, signs and other decoration are prohibited on the system, nor shall lighting be located in such a manner to illuminate the structure.

(13)

Operating Condition. All systems shall be kept in safe operating condition. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in Section 12.6.

(14)

Safety Regulations. All small wind energy conversion systems shall provide means of protection from any blades or moving parts by either:

a.

Ground Clearance. The minimum distance between the ground and any blades or moving parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area; or

b.

Enclosures. Blades and moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds or any combination thereof.

(15)

Electrical Connections. Electrical connections and lines shall be placed below ground.

(Ord. 21-10 §1)

i.

Office.

(1)

Office permitted as an accessory use in RM Multi-Family Residential zoning districts upon S2 special review use approval by the Decision-Making Body, subject to the following requirements.

a.

No accessory offices shall cumulatively exceed twenty-five percent (25%) of the gross floor area of the principal structure.

b.

The accessory office use must be incorporated within the primary structure that exists at the time of special review approval.

c.

Off-street parking for an accessory office use must comply with §7.11.D at one (1) space per two hundred (200) square feet of gross floor area.

d.

Should existing parking be insufficient, a development plan shall be required to accompany the S2 special review application, prior to installation of additional parking spaces.

(Ord. 20-18 §1(Exh. A))

C.

Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.

1.

Table of Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts.

a.

Listed Accessory Uses and Structures. Table 5-2 below sets forth what types of accessory uses and structures are permitted in which nonresidential zoning districts. If a specific accessory use or structure is permitted in a 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 conditions," please refer to the cited section for additional conditions that shall apply to the specific accessory use.

b.

Unlisted Accessory Uses and Structures. If an accessory use or structure is not listed in Table 5-2, 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 5-2
Accessory Uses Permitted in the Nonresidential Zoning Districts

(Ord. 18-01 §19; Ord. 6-06 §1; Ord. 11-10 §1; Ord. 11-11 §1; Ord. 19-11 §1; Ord. 13-14 §1; Ord. 29-16 § 1; Ord. 08-17 §1; Ord. 09-17 § 1; Ord. 34-17 § 1(Exh. A))

2.

Additional Requirements for Specific Accessory Uses in the Nonresidential Zoning Districts.

a.

Employee Housing.

(1)

Standards. Employee housing shall be subject to the following development and operational standards:

(a)

Dwelling units used for employee housing shall comply with all applicable provisions of this Code.

(b)

Individual dwelling units used for employee housing shall not exceed eight hundred (800) square feet of gross floor area.

(c)

Employee housing shall not be occupied or rented for a term of tenancy less than thirty (30) days.

(2)

Formula for the Provision of Employee Housing. The amount of employee housing shall be allowed as follows:

(a)

Accommodation Uses: One (1) unit of employee housing per seven (7) guest rooms or units.

(b)

In no case, however, may the total cumulative square footage of the employee housing units and their accessory use areas (garages, carports, decks, etc.), exceed that of the principal use. Also, parking requirements for the employee housing units may not exceed the total required parking for the principle use.

(Ord. 27-17 § 1(Exh.))

(3)

Deed-Restriction Required.

(a)

Employee housing units shall be deed-restricted for a period of time no less than twenty (20) years. Such restriction shall include a prohibition of short-term rentals (less than thirty [30] days) and/or rentals to the general public of the unit(s).

(b)

Removal of the deed restriction shall require approval of the applicable Board and shall require a finding of exceptional practical difficulties or undue hardship if the restrictions are not removed.

(c)

The mechanism used to restrict the unit shall be approved by the Town or County Attorney.

(Ord. 08-16 § 1(Exh. A))

Editor's note— Ord. No. 08-16 § 1(Exh. A), adopted March 22, 2016, amended §5.2.C.2 in its entirety to read as herein set out. Former §5.2.C.2 pertained to similar subject matter, and derived from Ord. 15-03 #2 and Ord. 02-10 §1.

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; Ord. 02-10 §1)

1.

Time of Establishment. No accessory use shall be established and no accessory structures shall be allowed on the subject parcel until after all required permits and approvals for the principal use or activity have been obtained.

(Ord. 15-03 §1)

2.

Setbacks. No accessory use, structure or activity, except for permitted fences or walls, shall be located or take place within a required setback. On residential lots of less than one (1) acre, all accessory buildings, excluding detached garages, shall be located no closer to the front property line than the residential dwelling. Small wind energy conversion systems shall be subject to setback requirements set forth in Section 5.2.B.

(Ord. 15-03 §1; Ord. 21-10 §1)

3.

Setbacks from Easements. No accessory structure shall be located within any platted or recorded easement or over any known utility.

(Ord. 15-03 §1)

4.

Maximum Building or Structure Size for Nonresidential Uses. Except as otherwise expressly limited or allowed in this Section, and except for accessory recreational facilities including swimming pools, freestanding accessory buildings and structures shall not be larger than one thousand (1,000) square feet of gross floor area.

(Ord. 15-03 §1; Ord. 02-10 §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;

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 (½) 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)]*.

*Where "a" = net land area in acres.

(Ord. 15-03 §1)

6.

Maximum Number of Freestanding Accessory Buildings and Structures, Including Detached Garages, Per Single-Family Residential Lot. No more than one (1) accessory building or structure less than or equal to one hundred twenty (120) square feet and no more than two (2) accessory buildings or structures greater than one hundred twenty (120) square feet shall be allowed on a lot of two-and-one-half (2.5) acres or less. Small wind energy conversion systems and "micro-wind" systems shall be exempt from this limitation.

(Ord. 15-03 §1; Ord. 21-10 §1)

7.

Building or Structure Height. The height limitations set forth in the underlying zoning districts shall apply to all accessory buildings and structures located therein.

(Ord. 15-03 §1)

8.

Dwelling Unit Prohibited. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory structure or building.

9.

Operations. Accessory structures, buildings and uses shall be constructed, maintained and conducted to avoid production of noise, vibration, concussion, dust, dirt, smoke, odors, noxious gases, fly ash, heat or glare from artificial illumination or from reflection of natural light.

10.

Limits on Mobile Homes/RVs. No mobile home or recreational vehicle (RV) shall be used for accessory uses.

(Ord. 13-99 §G, 11/3/99; Ord. 10-00 §1, 7/25/00; Ord. 18-01 §§17—19, 10/23/01; Ord. 2-02 §8, 2/12/02; Ord. 15-03 §§1, 2, 8/12/03; Ord. 8-05 §1, 6/14/05; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; Ord. 03-10 §1, 1/26/10; Ord. 11-10 §1, 3/30/10; Ord. 21-10 §1, 9/28/10; Ord. 11-11 §1, 4/26/11; Ord. 19-11 §1, 9/27/11; Ord. 08-16 § 1(Exh. A), 3/22/16; Ord. 29-16 § 1(Exh. A), 12/15/16; Ord. 08-17 §1(Exh. A), 3/28/17; Ord. 09-17 § 1(Exh. A), 3/28/17; Ord. 27-17 § 1(Exh.), 10/24/17; Ord. 34-17 § 1(Exh. A), 2/13/18; Ord. 20-18 §1(Exh. A), 11/27/18; Ord. 18-21, §1(Exh. A), 1/11/22; Ord. 13-22, §1(Exh. A), 7/26/22; Ord. 15-24, §2, 10/22/24)

A.

Permit Required. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in §3.11 of this Code.

B.

Permits. A temporary use permit authorizing a temporary use shall be reviewed in accordance with the provisions of §3.11, and shall be reviewed, approved or revoked only in accordance with the regulations of this Section.

C.

General Standards. All temporary uses or structures shall meet the following requirements:

1.

The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the Comprehensive Plan and the provisions of this Code.

2.

The proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.

3.

The proposed temporary use complies with all applicable general and specific regulations of this Section and §3.11, unless otherwise expressly stated.

4.

Permanent alterations to the site are prohibited.

5.

Permanent signs are prohibited. All approved temporary signs associated with the temporary use shall be removed when the activity ends.

6.

Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site.

7.

Temporary uses shall comply with building/structure setbacks established for the zone district in which the temporary use is located. Staff may waive or adjust this provision.

(Ord. 18-01 §20)

8.

The temporary use regulations of this Section do not exempt the Applicant or operator from any other required permits, such as health department permits.

D.

Temporary Uses Allowed.

1.

Temporary Seasonal and Holiday Sales.

a.

Holiday or seasonal sales activities, such as sales of Christmas trees or farm produce, shall be permitted temporary uses in the following zoning districts:

(1)

CO Outlying Commercial Zoning District.

(2)

I-1 Restricted Industrial Zoning District.

b.

The term of the temporary use permit shall not exceed sixty (60) days.

c.

Permitted sales activities may occur within required zone district setbacks, provided that the following conditions are satisfied:

(1)

No activity or display shall encroach into a required setback by more than fifty percent (50%) of the required setback;

(2)

No activity or display shall be located within twenty-five (25) feet of an abutting residential lot; and

(3)

No activity, display or related equipment shall be located within a required intersection or driveway sight triangle.

d.

Temporary seasonal and holiday sales shall not include retail sales of bulk household goods, such as furniture, carpets, art work/paintings or similar items, and shall not include retail sales of prepared or processed food products.

e.

The outdoor sales and storage area shall be limited to ten percent (10%) of the gross area of the lot.

(Ord. 27-10 §1)

2.

Temporary Real Estate Sales Office.

a.

Temporary real estate sales offices shall be permitted in all zoning districts when incidental to a new residential development.

b.

Permitted temporary real estate sales offices shall be used only as temporary field offices and for storage of incidental supplies, and shall not be used as any type of dwelling.

c.

A real estate sales office shall not be moved, erected or established on a residential development site until the date on or after which construction actually commences.

d.

Use of the temporary real estate sales office for sales of residential sites or projects located off-site is prohibited.

e.

All temporary real estate sales offices shall be removed within thirty (30) days after the sale of the last dwelling unit in the development, even if the temporary use permit is still valid.

3.

Contractor's Office/Temporary Construction Uses.

a.

Permitted in all Zoning Districts. The use of construction sheds or construction trailers in connection with site construction, or an area used for the temporary storage of building materials and equipment necessary for construction of a permanent use, are permitted temporary uses in all zoning districts, subject to the following regulations and restrictions.

b.

Term of Permit. The term of a temporary use permit for construction uses shall automatically expire thirty (30) days after completion of construction, or upon cessation of construction for more than sixty (60) days, or one (1) year after issuance, whichever occurs first. The Decision-Making Body may grant up to three (3) six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision.

c.

Site Requirements.

(1)

A temporary construction trailer, construction shed or construction yard shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of any abutting residential lot.

(2)

Siting of a temporary construction yard shall provide adequate buffering for adjacent structures and uses.

(3)

A temporary construction yard shall be maintained in good condition during the time of its use. Construction yards and sites shall be regularly mowed, and weed growth shall be controlled. Trash and rubbish barrels/receptacles shall be provided on-site and trash pick-up and removal shall occur on at least a weekly basis.

d.

Dwelling Prohibited. A temporary construction trailer or construction shed shall be used only as temporary field offices and for storage of incidental equipment and supplies, and shall not be used as any type of dwelling.

e.

Commencement of Use. A temporary construction trailer or construction shed or a temporary construction yard shall be moved, erected or established on a construction site no earlier than two (2) weeks prior to the date on which construction actually commences. If construction is interrupted and ceases for more than sixty (60) days, a construction trailer or construction shed shall be removed until actual construction commences again.

f.

Fire Hazards. No flammable materials shall be stored in a temporary construction trailer or construction shed.

g.

Trailer/Shed Requirements.

(1)

All temporary construction trailers and construction sheds shall have at least ten (10) feet on all sides for clearance.

(2)

Every temporary construction trailer and construction shed shall be maintained in clean and orderly condition.

h.

Completion of Temporary Use: Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.

4.

Natural Disasters and Emergencies. Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency. No temporary use permit or other review shall be required.

5.

Temporary Fireworks Sales.

a.

Temporary fireworks sales are permitted in the following zoning districts:

(1)

CO Outlying Commercial Zoning District.

(2)

CH Heavy Commercial Zoning District.

(3)

I-1 Restricted Industrial Zoning District.

b.

Temporary fireworks sales shall be permitted only from June 16 to July 5 of the calendar year.

c.

Permitted fireworks sales activities shall not be permitted within the required zoning district setbacks.

d.

No activity or display shall be located within twenty-five (25) feet of an abutting residential lot.

6.

Other Uses. Subject to this Section, the Decision-Making Body may approve other temporary uses and activities or special events if it is determined that such uses would not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

7.

Vehicle-Based Accommodations for Seasonal Employees (VBASE).

a.

Definitions. For the purposes of this paragraph (7), the following terms have the following meanings:

(1)

Affiliate means a person (e.g., firm, company, entity, natural person) who directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the specific person, as determined explicitly in a temporary use permit. "Control", including the terms "controlling", "controlled by", and "under common control with", means the possession, direct or indirect, of the majority power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than commercial contract for goods or non-management services, or otherwise.

(2)

Qualified Occupant means any person who resides in a VBASE unit and is employed as an employee or independent contractor for more than thirty (30) hours per week, on the same site as the property where a VBASE unit is located, or on another site owned either by the person who owns the property where the VBASE unit is located or by an affiliate of the owner.

(3)

Vehicle-Based Accommodations for Seasonal Employees (VBASE) Unit means a vehicular or portable unit designed to be mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, fifth wheel trailers, camping trailers, motor homes, or slide in truck campers which may be used as a temporary dwelling or sleeping place for qualified occupants. The following do not qualify as VBASE units: tiny homes, passenger vehicles, and truck toppers.

b.

Permit Required; Term; Fees.

(1)

Any owner may, upon receipt of a temporary use permit for such purpose, enter into a private agreement with any qualified occupant to allow VBASE parking on the owner's private property for use as a temporary dwelling or sleeping quarters.

(2)

This VBASE permit shall issue and automatically renew monthly until such time as owner terminates the permit in writing or on the following November 1, whichever comes first.

(3)

The permit application fee shall be fifty dollars ($50.00).

(4)

The monthly permit fee shall be one hundred dollars ($100.00) paid to the Town without proration. The fee is for each calendar month. The permit fee is owed by each permittee whether a permitted spot is in use or not, and fees will not be reduced on a pro rata basis. For continuing permits, the permit fee is due and payable on the last business day of the prior month.

(5)

The Town may accept advance payment of the monthly permit fees, but acceptance of such payment does not change the month-to-month permit status. The Town will not provide refunds on any advance payments.

(6)

This permit does not allow any material change to the interior or exterior of any premises to accommodate the VBASE unit that would require a building permit.

c.

Eligibility for Temporary Permit.

(1)

Permit Required. An owner shall submit a completed permit application to the Town along with payment of the permit application fee. The permit application shall include a drawing showing the proposed location of the VBASE unit on the site to demonstrate conformance with all applicable regulations.

(2)

On-Site Employment Required. The qualified occupant must either be employed on the same site as the owner's property or on another site owned by the owner or the owner's affiliate.

(3)

Location. The VBASE unit must be placed entirely on private property and meet all setback requirements of the zoning district or any setback established by an approved variance. The VBASE unit shall not be located in any of the following places:

(a)

Within the extended boundaries of a crosswalk;

(b)

Within ten (10) feet of the extension of any primary building entranceway, and or doorway;

(c)

In a location in which it may impede or interfere with or visually obstruct:

i.

The safe movement of vehicular and pedestrian traffic;

ii.

Parking lot circulation;

iii.

Required parking spaces;

iv.

Access to any public street, alley or sidewalk; or

v.

Fire lanes.

(4)

Zoning and Land Use. The VBASE unit is only permitted to be located on properties zoned Accommodations (A and A-1), Commercial (CD, CO, CH, or O), or Industrial (I-1). A VBASE unit shall not be permitted on properties zoned Residential (R, RM, E, or E-1) or on properties on which the principal use is residential, regardless of zoning.

(5)

Season. The VBASE unit is only permitted to be occupied from May 1 to October 31. The VBASE unit may be parked and/or stored on-site outside these dates in accordance with all requirements of the Municipal Code and Development Code.

(6)

Surface. The location of the VBASE unit on the owner's private property must be on a rigid surface consisting of concrete, asphalt, chip seal, or pavers. A gravel surface is also acceptable provided it is designated and reserved for parking, but in no case shall a VBASE unit be placed upon any dirt, grass, landscaping, or other permeable surface.

(7)

Electric. The qualified occupant must have access to electricity by either of the following:

(a)

Power storage from a battery source, solar panel source, or a combination of self-contained sources (e.g., 12-volt DC power).

(b)

From an electricity source on the same parcel (e.g., 120-volt AC power).

The use of a generator is not allowed at any time. No air-conditioning or any other mechanized unit to cool air in a VBASE unit may operate after the hours of 8:00 p.m. or before 8:00 a.m.

(Ord. 09-25, §2)

(8)

Water. The qualified occupant must have access to potable drinking water by either of the following:

(a)

A food grade storage tank for potable drinking water; or

(b)

A food grade hose or other means of delivery from a structure located on the same parcel with an approved Town water tap or permitted well.

(Ord. 09-25, §2)

(9)

Hoses and cords. Hoses and cords which cross real property lines or public property are prohibited. All hoses/cords need to be securely placed and covered as needed, to avoid being a trip hazard.

(10)

Restroom. If the VBASE unit does not contain restroom facilities, the owner shall make restroom facilities available to the qualified occupant twenty-four (24) hours per day. Portable restroom facilities are not permitted.

(11)

Sewer. No sewer hook-up for a vehicle is required; however, any black water holding tank in use must be regularly dumped at a permitted RV dump station. The owner is responsible for the appropriate management of a black water system if used on the property.

(12)

Dumping of Black or Grey Water. In no case shall black or grey water tanks be dumped into any sewer system located on the premises unless an approved RV sewer connection is available.

(13)

State of Good Repair. The VBASE unit must be maintained in a state of good repair and be equipped and licensed for travel on public roads.

(14)

Life Safety. The VBASE unit must be equipped with an operable fire extinguisher, smoke detector, and carbon monoxide detector.

(15)

Number of VBASE Units. No more than one (1) VBASE unit per parcel shall be permitted.

(16)

Maximum Occupancy. No more than three (3) adults over the age of eighteen (18) and no more than six (6) people total may dwell or sleep in any VBASE unit.

(17)

Term of Tenancy. The term of the tenancy between the owner and the qualified occupant shall end on the last day of each month at 11:59 p.m. This rental term shall be contained in a written agreement signed by the owner and the occupant with a copy provided to Town staff prior to approval of the permit.

(18)

Display of Permit. The permit shall be affixed to the VBASE unit so it is visible.

(19)

Inspection. The owner and qualified occupant shall grant permission to Town staff to enter the property as an invitee to inspect the VBASE unit for permit compliance or to respond to complaints.

(20)

Other Requirements. The permitted VBASE unit shall comply with all other restrictions and requirements imposed by local, state, or federal laws.

(21)

Other Structures. Except for the VBASE unit, no permanent or temporary structures, including but not limited to decks and shade structures, shall be erected in connection with this permit.

(22)

Insurance. Property owner must file with the Town a certificate evidencing valid and effective policies for real and personal property liability insurance at least to the limits required with minimum limits of five hundred thousand dollars ($500,000.00) per occurrence, one million dollars ($1,000,000.00) in the aggregate.

(23)

Signage. No temporary or permanent signage is permitted in conjunction with this permit.

(24)

Businesses Prohibited. No business may be operated out of a VBASE unit.

d.

Factors for Grant of Temporary Permit. No temporary use permit for a VBASE unit shall be granted unless the Town finds that the following criteria have been met:

(1)

Compliance with all eligibility requirements contained herein.

(2)

No current nuisance or other continuing code violation as set forth under the Municipal Code exists on the real property where the VBASE unit will be located.

(3)

The VBASE unit location does not significantly adversely impact the surrounding area.

(4)

The real property parcel complies with all applicable Town zoning, Development Code, and building regulations and there no open or continuing code violations.

(5)

The issuance of the permit balances the safety of patrons, pedestrians, and traffic such that no group shall be subject to an unreasonable risk of harm if the permit is granted.

e.

Repeal. This paragraph (7) on vehicle-based accommodations for seasonal employees shall automatically be repealed effective October 31, 2026. No temporary use permits for VBASE units shall be issued which would authorize any such use to occur after that date. The Board of Trustees may alter this repeal by ordinance.

(Ord. 06-24, §2; Ord. 04-25, §2; Ord. 09-25, §2)

(Ord. 18-01 #20, 10/23/01; Ord. 27-10 §1, 12/14/10; Ord. 06-24, §2, 4/9/24; Ord. 04-25, §2, 4/8/25; Ord. 09-25, §2, 6/24/25)

A.

Business License Required. All outdoor mobile food vendors operating in the Town of Estes Park shall obtain an outdoor mobile food vending business license prior to commencing operation and continuing throughout the entire period(s) of operation.

B.

Operational Standards. All outdoor mobile food vendors shall meet the following requirements:

1.

Outdoor mobile food vending uses shall not violate any applicable conditions of approval that apply to the principal use on the site.

2.

Outdoor mobile food vendors shall be classified as accessory uses in the zone districts in which they are permitted provided they are on lots that contain a principal building where active operations are being conducted.

3.

Outdoor mobile food vendors shall be prohibited on undeveloped lots.

4.

Permanent signage shall be allowed only on the outdoor mobile food vendor vehicle. One temporary sign may be placed by the outdoor mobile food vendor on the site. The temporary sign shall meet the applicable regulations of Chapter 17.66.

5.

The outdoor mobile food vendor vehicles shall not be located any of the following places:

a.

Within the extended boundaries of a crosswalk;

b.

Within ten (10) feet of the extension of any building entranceway, and or doorway;

c.

In an location in which the vehicle, may impede or interfere with or visually obstruct;

(1)

The safe movement of vehicular and pedestrian traffic;

(2)

Parking lot circulation; or

(3)

Access to any public street, alley or sidewalk;

6.

The outdoor mobile food vendor shall have available a suitable container for the placement of litter by customers and shall pick up and dispose of any paper, cardboard, wood or plastic containers, wrappers or any litter on site.

7.

Each outdoor mobile food vendor shall not leave the outdoor mobile food vehicle unattended for more than fifteen (15) minutes at any one time while engaged in business operations.

8.

Each outdoor mobile food vendor shall comply with the provisions of all applicable rules regulations and ordinances of the Town and County as well as requirements of all state and federal laws, including, but not limited to noise restrictions, sign regulations, limitations on discharge of liquid waste, sales tax requirements, food safety, wildlife protection and other related requirements.

(Ord. 34-17 § 1(Exh. A), 2/13/18)