Title 17
Zoning
Editor's Note: Ordinance 13-99, effective
17.04 Purpose 17.24 General Requirements
17.08 Definitions 17.32 Mobile Home and Recreational
17.12 Zoning Districts Vehicle (RV) Park Requirements
17.16 Use Regulations 17.36 Administration
17.20 Dimensional Regulations 17.40 Vested Property Rights
Chapter 17.28 Floodplain Regulations
17.28.010 Purpose
17.28.015 Definitions
17.28.016 Basis for establishing the areas of special flood hazard
17.28.017 Duties and responsibilities of the Building Official
17.28.020 Establishment of districts
17.28.030 FW Floodway District; permitted uses
17.28.040 FW Floodway District; conditions
17.28.050 FF Flood Fringe District; permitted uses
17.28.060 FF Flood Fringe District; conditions
17.28.070 Special review applications
17.28.080 Special review considerations
17.28.090 Floodplain development permit
17.28.100 Design standards; FW Floodway District
17.28.110 Design standards; FF flood fringe
17.28.130 Floodproofing
17.28.140 Nonconforming buildings
17.28.150 Administration
17.28.160 Appeals
17.28.170 Nonliability of the Town
Chapter 17.44
17.44.010 Purpose and intent
17.44.020 Definitions
17.44.030 Creation; properties included
17.44.040 Applicability of chapter provisions
17.44.050 Review procedures for development plans
17.44.060 Design and performance standards
17.44.070 Appeals for variance
17.44.080 Development agreements
Chapter 17.66 Signs *
17.66.010 Title
17.66.020 Intent and purpose
17.66.030 Scope and application of this Chapter
17.66.040 Definitions
17.66.050 Exemptions
17.66.060 Prohibited signs
17.66.070 Temporary signs
17.66.080 Computation of sign area
17.66.090 General regulations
17.66.100 District sign regulations
17.66.110 Sign regulations in nonresidential zones
17.66.120 Structural requirements
17.66.130 Nonconforming signs
17.66.140 Permits
17.66.150 Special exceptions
17.66.160 Appeals and variances
17.66.170 Enforcement
17.66.180 What constitutes a violation
17.66.190 Application of the laws
Chapter 17.88 Banners
17.88.010 Location of banners
17.88.020 Specifications
17.88.030 Application
17.88.040 Type of event
17.88.050 Number of locations
Chapter 17.28
Floodplain Regulations
17.28.010 Purpose.
It is the overall purpose and intent of this Chapter to promote the health, safety and general welfare to provide adequate zoning regulations to minimize death, injury and losses to public and private property due to flooding. It is further intended that these regulations will help to identify and clarify where flood hazards may exist and to insure that potential buyers or builders are aware that certain properties are in areas with special flood hazards. (Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.015 Definitions.
For purposes of this Chapter only, certain terms and words are defined as set forth in this Section:
(1) Existing manufactured homepark or subdivision means a manufactured homepark for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, construction of streets and either final site grading or the pouring of concrete pads) are completed before the effective date of the ordinance codified in this Chapter.
(2) Expansion to existing manufactured homepark or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
(3) Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes parked trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term manufactured home does not include parked trailers, travel trailers and other similar vehicles.
(4) Manufactured homepark or subdivision means a parcel or contiguous parcels of land divided in two (2) or more manufactured home lots for rent or sale.
(5) New manufactured homepark or subdivision means a manufactured homepark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Town. (Ord. 7-87 §8, 1987; Ord. 8-90 §3, 1990; Ord. 15-97, 1997)
17.28.016 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the
Federal Emergency Management Agency in a scientific and engineering report
entitled, "The Flood Insurance Study for the Town of Estes Park,
Colorado," dated May 4, 1987, with an accompanying Flood Insurance Rate Map
(FIRM), is hereby adopted by reference and declared to be a part of this
Chapter. The Flood Insurance Study and
FIRM are on file at the
17.28.017 Duties and responsibilities of the Building Official.
Duties of the Building Official shall include, but not be limited to:
(1) Review all development permits to determine that the permit requirements of this Chapter have been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of this Chapter are met. (Ord. 8-90 §5, 1990; Ord. 15-97, 1997)
17.28.020 Establishment of districts.
(a) There are created and established in the Town the following special zoning districts:
(1) FW Floodway District;
(2) FF Flood Fringe District.
(b) The floodway and flood fringe districts shall be special zoning districts which overlay the underlying zoning districts on property designated to be within the floodplain area. The boundaries of the zoning districts shall be determined by actual elevation of the ground surface as determined by a Town-approved engineering survey and delineated on the official floodplain zoning maps of the Town.
(c) Whenever possible, the provisions of this Chapter shall be interpreted to apply in conjunction with other land use regulations. In the event of conflicts with other provisions of this Code, the more restrictive provisions shall apply. (Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.030 FW Floodway District; permitted uses.
No building or premises shall be used, and no building shall be hereafter erected or structurally altered, except for one (1) or more of the following uses:
(1) Agricultural uses, including general farming, grazing of horses and livestock, forestry, sod farming, crop harvesting, raising of plants and flowers, and open air nurseries;
(2) Recreational uses, including but not limited to golf courses, golf driving ranges, swimming pools, parks and recreation areas, picnic grounds, horseback riding and hiking trails;
(3) Wildlife and nature preserves, game farms and fish hatcheries;
(4) Uses permitted by special review: outdoor amusements of a temporary, transient nature; stockpiling of sand and gravel, streets, bridges, utility transmission lines and pipeline; open pit mining for removal of top soil, sand, gravel or other materials; and parking lots. (Ord. 22-86 §1 (part), 1986)
17.28.040 FW Floodway District; conditions.
The permitted uses set forth in Section 17.28.030 above are subject to the following conditions:
(1) No use is permitted which is not also permitted in the underlying zoning district.
(2) No use shall limit, restrict or create an obstruction of the flow capacity of the floodway, a channel, a main stream or a tributary to a main stream.
(3) No permitted use shall include structures, fill or storage of materials or equipment, except limited stockpiling of sand and gravel which may be permitted by special review.
(4) Any proposed well, solid waste disposal site or sewage disposal system shall be protected from inundation by floodwater.
(5) No use shall increase flood heights during the base flood discharge.
(6) No new manufactured homes, manufactured home parks or manufactured home subdivisions shall be permitted. Replacement of existing manufactured homes or manufactured home parks or subdivisions shall be in accord with Section 17.28.110(4).
(7) For a use permitted by special review, no structure, deposit, obstruction or other use shall be allowed which, acting alone or in combination with existing or future uses, adversely affects the flow capacity of the floodway or increases flood heights.
(8) For a use permitted by special review, the storage or processing of materials that are in time of flooding buoyant, flammable, poisonous, explosive or otherwise injurious to human, plant or animal life shall be prohibited.
(9) For a use permitted by special review, no storage of movable objects shall be permitted.
(10) No use is permitted which results in any increase in the base flood elevation.
(11) No use shall be permitted unless all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §9, 1987; Ord. 15-97, 1997)
17.28.050 FF Flood Fringe District; permitted uses.
No building or premises shall be used, and no building shall be hereafter erected or structurally altered, except for one (1) or more of the following uses:
(1) All uses permitted without special review in the underlying zoning district, except outside storage; and
(2) Uses permitted by special review: all uses permitted by special review in the underlying zoning district. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 15-97, 1997)
17.28.060 FF Flood Fringe District; conditions.
The permitted uses set forth in Section 17.28.050 are subject to the following conditions:
(1) All structures shall be placed on fill so that the lowest floor of each structure is at or above the regulatory flood protection elevation. Nonresidential structures may be permitted without being placed on fill, provided that such structures comply with the floodproofing requirements of this Chapter.
(2) No fill or deposit of materials shall be permitted if such is found to reduce the storage or flow capacity of a drainway.
(3) No use shall be commenced nor structures built which may limit or restrict the flow capacity of the channel of a drainway, or which may retard drainage of floodwaters from such channel.
(4) Fill or deposit of materials shall be permitted only to the extent required for placement of structures and their accessory uses, except such stockpiling and storage as may be permitted by special review.
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6) All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located so as to avoid impairment to them or contamination from them during flooding.
(7) The storage or processing of materials that are, in time of flooding, buoyant, flammable, poisonous, explosive or could be injurious to human, plant or animal life shall be prohibited.
(8) No use shall be permitted unless all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§10, 11, 1987)
17.28.070 Special review applications.
All applications for uses permitted by special review FW floodway and FF flood fringe districts shall be submitted in accordance with the requirements of Section 17.36.030 and, in addition, shall contain the following information, unless it is determined by the Town Planner that sufficient information is available to the Town:
(1) Plans drawn to scale and prepared by a professional engineer or licensed surveyor showing the nature, location, dimensions and elevation of the lot, parcel or tract of land;
(2) Location and dimensions of all proposed structures and elevations of the lowest floor (including basement) of new and substantially improved structures shall be included;
(3) The amount of fill to be used if any;
(4) A description and specifications of all floodproofing measures; where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of Sections 17.28.130 and 17.28.150 of this Code;
(5) The relationship of the use or structures to the location of the channel, floodway and flood protection devices;
(6) The flood protection elevation;
(7) A typical valley cross-section showing the channel of streams, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and highwater information;
(8) Surface view plans showing elevations or contours of the ground, pertinent structures, fill or storage elevations;
(9) Location and elevations of streets, water supply and sanitary facilities;
(10) A profile showing the slope of the bottom of the channel or flow line of the stream; and
(11) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§12, 13, 1987; Ord. 15-97, 1997)
17.28.080 Special review considerations.
The following considerations are to be made by the Planning Commission and Board of Trustees when reviewing special review applications for areas located in the FW floodway and FF flood fringe districts:
(1) The danger to life and to property upstream and downstream within the floodplain due to the increased flood heights or velocities caused by the proposed use;
(2) The danger to life and property due to materials being swept away onto other lands or downstream in the event of a flood;
(3) Whether the proposed water supply and sanitation systems are sufficient to prevent disease, contamination and unsanitary conditions in the event of a flood;
(4) The safety of access to the property in times of flood;
(5) The expected heights, velocity, duration, rate of the rise, and sediment transport of floodwaters at the proposed property and their effect on the proposed use;
(6) The recommendations of the Town Engineer and the Town Administrator; and
(7) The review and reasonable utilization of any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construction, substantial improvements or other development in zoning meet the requirements of Sections 17.28.060 and 17.28.110 for residential structures and Sections 17.28.040 and 17.28.100 for nonresidential structures. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §14, 1987)
17.28.090 Floodplain development permit.
A floodplain development permit shall be obtained before construction or improvement begins within any area of special flood hazard. Applications for special floodplain development permits shall be accompanied by surveys, plot plans, drawings and plans indicating floodproofing measures as set forth in this Chapter. Applicants for a floodplain development permit shall be assessed a fee for advertising and processing. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 28-87 §2, 1987; Ord. 15-97, 1997)
17.28.100 Design standards; FW Floodway District.
All uses permitted in the floodway district shall comply with the following design standard:
(1) Fill shall not be permitted in the FW district except when such fill, acting alone or in combination with existing or future floodplain uses, shall be shown to not increase flood heights during the base flood discharge; and such fill shall be protected against erosion where erosion velocities may occur by the use of riprap, bulkheading or vegetative cover.
(2) Where structures are allowed, the following restrictions shall apply:
a. Structures shall not be designed for human residential occupancy. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of Sections 17.28.130 and 17.28.150 of this Code;
b. Structures shall be constructed so that the longitudinal axis of the structure is parallel to the direction of the flood flow;
c. Whenever possible, placement of structures shall be upon the same flood-flow lines as those of adjoining structures;
d. All utility services in connection with structures shall, whenever possible, be placed above the flood protection elevation or where not practicable shall meet the floodproofing requirement of this Chapter; and
e. All utility services, including electrical, heating, ventilation, plumbing and air conditioning equipment and their service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) No use shall increase flood heights during the base flood discharge. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§15, 16, 17, 1987)
17.28.110 Design standards; FF flood fringe.
All uses permitted in the FF Flood Fringe District shall comply with the following design standard:
(1) The use of fill shall be the minimum necessary to comply with the provisions of this Section. When required by the provisions of this Chapter, fill shall be to a point no lower than the regulatory flood protection elevation for the area in question. Such fill shall further extend at such elevation fifteen (15) feet beyond the outer perimeter of any structure erected on such fill. No fill shall be used in such a manner as to restrict the flow capacity of any drainway.
(2) The lowest floor of any structure shall be no lower than the regulatory flood protection elevation. Nonresidential structures may be permitted without being placed on fill, provided that the floodproofing requirements of this Chapter are met.
(3) All utility services, including electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designated and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Anchoring.
a. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the anchoring provisions of this Title.
b. All manufactured homes situated within such parks or subdivisions, and manufactured homes placed in existing manufactured home parks and existing manufactured home subdivisions shall be anchored to resist flotation, collapse and lateral movement by providing over-the-top ties and frame ties to ground anchors. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds per square inch. All additions to any manufactured home shall also be anchored. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The following is the minimum anchoring system required:
1. There shall be
provided over-the-top ties at each of the four (4) corners of the manufactured
home, with two (2) additional ties on each long side at intermediate locations,
except
that manufactured homes less than fifty (50) feet long shall be provided with
one (1) such additional tie.
2. There shall be provided frame ties at each of the four (4) corners of the manufactured home, with five (5) additional ties per long side at intermediate points, except that manufactured homes less than fifty (50) feet long shall have four (4) additional ties per long side.
c. The Federal Emergency Management Agency Manual (FEMA #85) "Manufactured Home Installation for Flood Hazard Areas" should also be consulted for guidance on suggested elevation and anchoring techniques. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§18, 19, 1987; Ord. 15-97, 1997)
17.28.130 Floodproofing.
Floodproofing measures taken for nonresidential structures pursuant hereto shall be designed consistent with the regulatory flood protection elevation for the location, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the area of special flood hazard. The applicant shall submit a plan or document certified by a registered professional engineer or licensed architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the location. The following are floodproofing regulations published by the U.S. Army Corps of Engineers:
(1)
(2) Installation of watertight doors, bulkheads and shutters, or reinforcement of walls to resist water pressures.
(3) Use of paints, membranes or mortars to reduce seepage of water through walls.
(4) Addition of mass or weight to structures to resist flotation.
(5) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
(6) Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement hydrostatic and hydrodynamic pressures.
(7) Construction to resist rupture collapse caused by water pressure or floating debris.
(8) Installation of valves or controls on sanitary and storm drains which will permit the drain to be closed to prevent backup sewage and stormwaters into the buildings or structures.
(9) Location of all electrical equipment, lines, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
(10) Construction of water, sewer and natural gas lines to resist rupture or collapse caused by water pressure.
(11) Location of
any structural storage facilities for chemical explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous to public
health, safety and welfare in a manner which will assure that the facilities
are situated at elevation above the heights associated with the regulatory
flood protection elevation or
are adequately floodproofed to prevent flotation of storage containers which
could result in the escape of toxic materials into floodwaters.
(12) Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Section and Section 17.28.150.
(13) Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(14) Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).
(15) Manufactured homes.
a. Manufactured homes shall be anchored in accordance with this Chapter.
b. All manufactured homes or those to be substantially improved shall conform to the following requirements:
1. Require that manufactured homes that are placed or substantially improved (a) in an expansion to an existing manufactured homepark or subdivision, or (b) in an existing manufactured homepark or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
2. Require that
manufactured homes to be placed or substantially improved on sites in existing
manufactured homeparks or subdivisions that are not subject to the provisions
in 1 above be elevated so that either (a) the lowest floor of the manufactured
home is at or above the base flood elevation, or (b) the manufactured home
chassis is supported by reinforced piers or other foundation elements that are
no
less than thirty-six (36) inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse and
lateral movement. (Ord. 22-86 §1 Exhibit
A (part), 1986; Ord. 7-87 §21, 1987; Ord. 8-90 §7, 1990; Ord. 15-97, 1997)
17.28.140 Nonconforming buildings.
No substantial improvement may be made to any structure which does not conform to the requirements of this Chapter. (Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.150 Administration.
This Chapter shall be administered by the Building
Official. It shall be the duty of the
Building Official to obtain and maintain records of lowest floor elevations and
floodproofing levels for all new or substantially improved structures, and
whether or not such structures contain basements. Such records shall be placed on repository
for public inspection during normal business hours at
(1) Notify adjacent communities and the appropriate state offices prior to the alteration or relocation of a river or watercourse.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
Copies of all such notifications shall be submitted to the Federal Emergency Management Agency. The Building Official shall use all available floodplain information and data services to aid in the administration of this Chapter. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§1, 22, 1987; Ord. 8-90 §6, 1990; Ord. 15-97, 1997)
17.28.160 Appeals.
Appeals to the Board of Adjustment may be taken by any person aggrieved by his or her inability to obtain a building permit in the FW floodway or FF flood fringe zones or by any officer, department, board or bureau of the Town. Upon review, the Board of Adjustment shall have jurisdiction only over the following matters:
(1) To review the exact zoning district boundary of the FW floodway or FF flood fringe district as it relates to any specific piece of property;
(2) To determine the suitability and advisability of alternate methods of construction. Such determination shall not reduce the capacity of the structure involved to withstand flood damage, nor shall any alternate methods restrict the flow capacity of the main channel or any drainage relative to such channel;
(3) In appropriate cases, the Board of Adjustment may issue a variance from provisions of this regulation only after making a specific finding that the variance will not endanger health, welfare and safety of the applicant, or any upstream or downstream owner or occupier of land. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to effect relief. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood protection elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(4) No variance shall be granted within the regulatory floodway if the base flood level will be increased. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 8-90 §6, 1990)
17.28.170 Nonliability of the Town.
(a) The degree of flood protection provided by the terms of this Chapter is, after considering numerous relevant factors, considered reasonable for regulatory purposes. Floods of greater magnitude may occur and flood heights may be increased as a result of natural or man-made causes. Further, provisions of this Chapter do not imply that areas outside the boundaries of areas of special flood hazard, or that land uses permitted within the area of special flood hazard, are free from flooding or flood damage.
(b) The grant of approval by the Town under the regulations as contained in this Chapter shall not constitute a representation, guarantee or warranty of any kind or nature by the Town, or by any officer, board member or employee, of the practicability or safety of any structures, building or other proposed use; and shall create no liability upon or cause of action against such public body, officer, board member or employee of the Town for any damages, from flood or otherwise, that may result from such use. (Ord. 22-86 §1 Exhibit A (part), 1986)
Chapter 17.44
and Standards for Development
17.44.010 Purpose and intent.
The purpose and intent of the provisions contained in this Chapter are to:
(1) Administer the historic resources of the Stanley Historic District in a manner that will preserve the integrity of their location, setting design, materials, workmanship and visual character;
(2) Ensure that development in the foreground of the Stanley Hotel Complex does not destroy its essential historic character, or lessen its ability to conduct an economically viable operation; and
(3) Establish certain requirements that must be met before development within the Stanley Historic District is to be permitted. (Ord. 14-91 §1 Exhibit A (part), 1991)
17.44.020 Definitions.
In addition to the definitions set forth in Section 17.08.030, the following definitions shall apply:
(1) Designated open space means an area within development land reserved for common use and enjoyment as open space by the owners of the remainder of the development land, designated as such on the development plat. It shall not include streets, driveways or parking areas, but it shall include walkways and unpaved natural or landscaped recreation areas.
(2) Stanley Historic District means an area of approximately seventy-five (75) acres depicted in the boundary map described as Exhibit A, available at the Town Clerk's office, containing within it the historic resources of the Stanley Hotel District as listed on the National Register of Historic Places.
(3) Stanley Hotel Complex means the group of
original
17.44.030 Creation; properties included.
The Stanley Historic District (the "District") is hereby created. The District shall include the following described properties:
A tract of land located in Section 19, T5N, R72W of the 6th P.M., and Section 24, T5N, R73W of the 6th P.M., Town of Estes Park, County of Larimer, State of Colorado being more particularly described as: Tract 4 and Tract 5 of the Stanley Addition to the Town of Estes Park, Colorado, except those portions of said Tract 4 and said Tract 5 contained within Stanley Hills Subdivision (a plat on file in the office of the County Clerk and Recorder in Book 1758 at Page 566).
(Ord. 14-91 §1 Exht. A (part), 1991)
17.44.040 Applicability of chapter provisions.
(a) The procedures and standards set forth in this Chapter shall apply to any use, development, redevelopment or exterior alteration or expansion of property within the Stanley Historic District. Special review is not required for normal maintenance and rehabilitation of the Stanley Hotel Complex buildings and other buildings after construction.
(b) Only uses permitted by right or by special review in the zoning districts underlying the historic district shall be permitted in their respective portions of the Stanley Historic District; except that mobile home parks, recreational vehicle parks, commercial storage (including self-storage) operations, light manufacturing and product assembly, motor vehicle service stations, motor vehicle dealerships or repair operations, commercial amusements including but not limited to Go-kart tracks, water slides, miniature golf courses and maze, commercial kennels and adult uses shall not be permitted.
(c) Provisions of the zoning districts underlying the Stanley Historic District shall apply within their respective areas, unless superseded by the provisions of this Chapter. In the event of any conflict between the provisions of this Chapter and any other provision of this Code, the provisions of this Chapter shall apply. (Ord. 14-91 §1 Exht. A (part), 1991; Ord. 15-97, 1997)
17.44.050 Review procedures for development plans.
(a) Development plan review in accord with the provisions of Section 17.36.010 of this Title shall be required for all development, regardless of size, within the Stanley Historic District. Special review shall be required for all developments five thousand (5,000) square feet or larger, in accordance with Section 17.36.030. Where special review is required, submission of a concept plan shall be required in all cases, and approval of the concept plan shall precede submission of the development plan. Prior to submitting a concept plan, the applicant shall have a preapplication conference with the Community Development Director.
(b) Both the concept plan and development plan shall conform to the specifications of Section 17.36.040.
(c) Concept plan submittals shall also include the following:
(1) Four (4) photographic panoramic views showing the site from the perimeter of the property on ninety-degree compass intervals, or as otherwise specified by the Director (one [1] set);
(2) Identical panoramic views to those specified above, with the addition of the building structure superimposed to scale on the photographs (one [1] set); and
(3) Overall landscape concept.
(d) Development plan submittals shall also include the following:
(1) Four (4) photographic panoramic views showing the site from the perimeter of the property on ninety-degree compass intervals, or as otherwise specified by the Director (one [1] set);
(2) Identical panoramic views to those specified above, with the addition of the building structure superimposed to scale on the photographs (one [1] set);
(3) Four (4) elevations of the structure with the elevation referenced to USGS datum, of the following features: existing ground surfaces, finished grade, top of foundation, floor elevation, roof line and the highest point on the structure;
(4) Floor plans;
(5) Color and texture samples of all exterior materials with combinations of materials and colors shown as they will appear in the finished building (one [1] set);
(6) A colored architectural rendering for Town records, or a color photograph of a rendering (eight and one-half by eleven inches [8½" x 11"]);
(7) A lighting plan indicating all exterior lights, their style, intensity and location; and
(8) A landscaping plan at a scale of one inch equals twenty feet (1" = 20') or larger, containing property lines, dimensions, structures, existing natural features, final grading plan with existing and proposed topography, a plant specification list identifying botanical and common names, keyed to the plan, transplanting method, sizes at planting and maturity and quantities.
(e) Both the concept plan and development plan shall be submitted to the State Historic Preservation Officer of the Historical Society of Colorado for review and comment. Comments of the Historical Society shall be made public. (Ord. 14-91 §1 Exht. A (part), 1991; Ord. 15-97, 1997)
17.44.060 Design and performance standards.
(a) Designated building envelopes and view corridors.
(1) Development shall maintain the existing views of the main Stanley Hotel building and of the Manor House building from Highway 36 from its intersection with Highway 7 to its intersection with Highway 34.
(2) Development
shall maintain the view of the main Stanley Hotel building from the Visitors'
Center entrance deck, taking into account all authorized development in
(3) Design and performance standards are contained in the Stanley Historic District Master Plan, development agreements and final plat on file at the Community Development Department.
(4) Incorporated by reference and available at the Town Clerk's office are the following exhibits:
a. Exhibit B (pages 1, 2, 3): Map of View Corridors; and
b. Exhibit C: Photographs of the View Corridor to the Stanley Hotel.
(b) Open space. The minimum designated open space for all development parcels in the Stanley Historic District shall be thirty percent (30%) of the total parcel area.
(c) Site design.
(1) Buildings shall be designed to follow natural contours.
(2) Retaining walls over six (6) feet tall shall be stepped to form benches, with a minimum width of four (4) feet, which shall be landscaped.
(3) Service functions shall not be visible on the primary facades of buildings or in front yard areas. Trash and service areas shall be screened with landscaping, berming, fencing or combinations.
(4) Parking shall be located to the rear of buildings or screened. Double parking bays shall be separated by a landscaped area, a minimum of five (5) feet in width. Parking areas shall be depressed into the ground, stepped on sloping terrain with berming and landscaping provided to screen the parking from off-site view from the Highway 36 corridor and from the Stanley Hotel complex.
(5) A minimum of ten percent (10%) of the interior of a parking area that exceeds ten (10) spaces shall be landscaped with trees and shrubs.
(6) Underground parking. The Planning Commission may approve an increase in the floor area ratio from twenty-five percent (25%) to thirty percent (30%) with the provision of below-grade parking, provided that a building is placed over it, or the grade surface is reclaimed as landscaped open space.
(7) Cut and fill slopes shall be revegetated. Rock cuts shall be treated to create a natural appearance simulating the original patina.
(8) Pedestrian circulation. An integrated pedestrian pathway system shall be provided for each development. It shall be attractively landscaped and adequately illuminated with connection at property lines to existing or appropriate future public pathways, clearly separated from vehicular roadways where possible, with access provided where feasible to usable open space.
(d) Building design.
(1) Height. Building height shall not exceed thirty (30) feet, unless a greater height is authorized on special review in accordance with Section 17.20.050.
(2) New buildings shall not imitate the historic style of the Stanley Hotel Complex.
(3) The following architectural styles and motifs are prohibited:
a. A-frame structures;
b. Geodesic dome structures;
c. Tudor;
d. Swiss chalet;
e. Rustic frontier, western town;
f. Franchise, fast-food or chain architecture;
g.
h. American Southwest adobe.
(4) Roof lines
shall be designed to be compatible with the Stanley Hotel Complex and shall
have a minimum pitch of
a. Mansard or fake mansard;
b. Gambrel roofs;
c. Curvilinear roofs;
d. Domed roofs;
e. Geodesic domes;
f. Conical roofs;
g. A-frames or modified A-frame roofs; and
h. Flat roofs.
(5) Roof materials and colors shall blend with the natural background. Roof color is limited to a maximum chroma of 4 on the Munsell color notation system. Preferred materials are shingles, slate or standing seam metal roofs. The following roofing materials are prohibited:
a. Untreated metal or aluminum, except for copper allowed to weather;
b. Reflective materials; and
c. Red roofs and other brightly colored roofing materials such as bright blue, yellow or other highly visible colors.
(6) Mechanical equipment on roofs shall be hidden so that it is not visible from off-site.
(7) Skylights and solar panels must be designed to fit within a maximum of two (2) feet above the roof's surface and incorporated as an integral part of the building's design. Skylights and panels shall be tinted to blend with the roof.
(8) Facades.
a. Facade lengths shall be varied by providing changes in the planes of walls, changing direction and providing variety in roof form. Structures greater than sixty (60) feet but less than one hundred twenty (120) feet in length on any facade must provide a prominent shift in the facade of the structure so that no greater than seventy-five percent (75%) of the length of the building facade appears unbroken. Each shift shall be in the form of either a ten-foot change in building facade alignment or a ten-foot change in roof line height, or a combined change in facade and roof line totaling ten (10) feet.
b. Structures which exceed one hundred twenty (120) feet in length on any facade shall provide a prominent shift in the mass of the structure at each one-hundred-twenty-foot interval (or less), reflecting a change in function or scale. The shift shall be in the form of either a fifteen-foot change in the building facade alignment, or a combination of a change in both the roof line and facade at the same building plane a total of fifteen (15) feet (see Attachment D to Ordinance 14-91, on file in the office of the Town Clerk).
(9) Building materials.
a. Buildings shall be constructed of natural materials such as finished wood, brick, stone and architectural block. Hardboard may be permitted, provided that it is replicated to resemble finished wood. Buildings shall be designed so that all sides and service areas are coordinated in design, finish and appearance with their principal facades.
b. The following wall materials are prohibited:
1. Heavy shakes;
2. Ceramic tiles;
3. Slump block and weeping mortar;
4. Plastic or vinyl siding, smooth plywood siding and aluminum siding;
5. Synthetic stone products;
6. Pre-cast stone or concrete imbedded with stone fragments;
7. Asphalt siding;
8. Flat concrete block; and
9. Highly reflective glass surfaces.
(10) Wall colors.
a. Exterior wall colors should recede into the landscape. White walls are not permitted. Harshly contrasting color combinations are not permitted. Brilliant, luminescent and/or day-glow colors are not permitted.
b. Color choices for all buildings within the District shall be made from those allowed within the range delineated according to the Munsell Color Notation System from the Munsell Book of Color on display in the Community Development Department.
c. The Munsell system of color notation is broken into three (3) categories: hue, chroma and value. Chroma is the only characteristic with a set limit, which is as follows: body color is limited to a maximum chroma of 4. Trim color is limited to a maximum chroma of 6. Accent color is limited to a maximum chroma of 8.
d. The number of colors used on one (1) structure is limited to three (3). This does not include specifically appropriate additional colors for such elements as window sashes, porch floors, ceiling half-timbers or roof coverings.
e. If three (3) colors are used, the color that covers the most building area is the body; the color covering the second most building area is the trim and the color covering the least building area is the accent color.
f. If two (2) colors are used, the color covering the lesser area is the trim color for purposes of regulating maximum chroma.
g. If a different value or chroma of the same hue is used, this is considered a separate color.
h. All exterior elements of a building that are metal, such as flue, flashings, etc., shall be painted a flat, dark color, or one that is a compatible color with the building.
(11) Lighting.
a. Exterior
lighting shall be arranged and directed so as to create no glare off-site. Lighting with low-intensity sources close to
the area requiring illumination is required.
Lighting levels shall be reduced after
b. A standard lighting fixture shall be used within the District. For all exterior, freestanding lights, this fixture will be specified by the Planning Commission.
(e) Signs.
(1) Sign plans. All development shall obtain approval of a sign plan from the Planning Commission prior to any signs being erected upon or within any structure. All signs erected or maintained within the structure that are visible from outside shall conform at all times to the approved sign plan.
(2) Application. An application for a sign plan shall include at least the following information:
a. The total amount of proposed signage for each structure;
b. The location, materials and maximum area of each sign that an individual business will be allowed to display; and
c. Directory signs, building identification signs, information signs and freestanding signs shall be included in the plan.
(3) Maximum sign area.
a. The total
square footage of allowable sign area for any building shall be equal to
sixty-six percent (66%) of the building's frontage. All signs displayed
shall be used in determining the total sign area for a building. Example: (linear feet of building frontage) x 0.66 = total square footage of allowable sign area.
b. The area of any one (1) sign shall not exceed twenty (20) square feet.
(4) Freestanding signs.
a. There shall be no more than one (1) freestanding sign on each lot.
b. A landscaped area equal to two (2) square feet for each one (1) square foot of each side of a freestanding sign shall be maintained by the permit holder.
c. No freestanding sign shall exceed six (6) feet in height, or twenty (20) square feet in area.
d. A freestanding sign used to identify a master planned project of three (3) or more buildings may exceed the twenty-square-foot limit up to a maximum sign size of forty (40) square feet. The maximum allowable size of any such sign shall be determined by the Planning Commission based upon the number of buildings, the distance of the sign from any roadway, and the necessity of facilitating traffic circulation by adequately identifying the project.
e. When a project has multiple vehicular accesses, all of which accesses are not visible from a single location, the Planning Commission may permit one (1) freestanding sign at each point of vehicular access to the project.
f. Backlit signs are not permitted. Sign color shall be compatible with building colors and shall not be brilliant, luminescent or day-glow.
(f) Stanley Hotel complex.
(1) Nothing in this Section shall operate to prevent or impede the Colorado Historical Foundation or its successors and assigns from exercising the rights granted to it under various easements to control the character of construction, alteration and remodeling of the Stanley Hotel Complex, or of the eight (8) acres adjoining the parcel of land designated for scenic and conservation easement. The rights and restrictions of those easements apply to all extensions of the Stanley Hotel Complex. Deed of conservation easements and any amendments are incorporated by reference as follows:
a. Deed of conservation easement dated December 30, 1985, and recorded December 31, 1985, Reception No. 85065982, Larimer County, Colorado;
b. Deed of conservation easement dated December 31, 1983, and recorded January 17, 1984, Book 2253, Page 2445, Larimer County, Colorado; and
c. Deed of
conservation easement dated
(2) Construction
work on the Stanley Hotel Complex buildings must meet the Secretary of Interior
Standards for the Rehabilitation of Historic Buildings. Original materials and details, as well as
distinctive form and scale that contribute to the historic significance of
the complex, should be preserved.
Rehabilitation work should not
destroy the distinguishing quality or character of the property or its environment. Original doors, windows, porches and facade materials should be preserved. The existing color patterns of the Stanley Hotel Complex should be maintained.
(3) Additions to existing buildings.
a. Any additions to the Stanley Hotel Complex buildings shall occur in accordance with the deed of conservation easements, or amendments.
b. Additions to the Stanley Hotel Complex buildings shall be designed so that they will not destroy any significant historic architectural feature. Additions should be set back from primary facades in order to allow the original proportions and character to remain prominent, or set apart from the main building and connected with an appropriate link.
c. Additions should be compatible in scale and size with the existing buildings, be visually subordinate to the building, and no taller than the building being added on to. Similar materials, window patterns and building lines shall be incorporated.
d. Additions should be recognized as a product of their own time and be distinguishable from the historic building element, while remaining visually compatible. New design that creates an appearance inconsistent with the historic character of the Stanley Hotel Complex buildings is not permitted.
(4) New buildings.
a. New buildings
shall be located to protect the views of the main hotel and Manor House from
the designated view
corridors. New buildings shall be
designed so that they will not destroy the historic significance of the
complex. New buildings should be
compatible in scale and size with the existing buildings and be visually
subordinate.
b. New buildings should be recognized as a product of their own time and be distinguishable from the historic buildings, while remaining visually compatible. New design that creates an appearance inconsistent with the historic character of the Stanley Hotel Complex is not permitted.
(5) Alteration. All proposed exterior alterations to the Stanley Hotel Complex buildings which are not normal maintenance or rehabilitation under the standards for rehabilitation shall be submitted to the Planning Commission for review and approval. The Planning Commission shall not approve an application for alteration unless it finds:
a. The proposed work preserves, enhances or restores, and does not damage or destroy, the exterior architectural features of the Stanley Hotel Complex; and
b. The architectural style, arrangement, texture, color, arrangement of color and materials used on existing and proposed structures are compatible with the Stanley Hotel Complex.
(6) Nonhistoric buildings. The nine (9) nonhistoric buildings currently located west of the main hotel may be relocated in an area north of the north facades of the three (3) Stanley Hotel Complex buildings and west of a line extended north along the east edge of Stanley Hall, without development plan review.