HomeMy Public PortalAboutOrdinance #187T.,wW.~ OF FRAar~tt
ORDINANCE NO. ~ ~ rJ
AN ORDINANCE AMENDING ORDINANCE N0. 53, THE ERASER ZONING
ORDINANCE.
WHEREAS, the Fraser Planning C.:......ission recommended to
the Board of Trustees of the Town of Fraser certain changes to
the Fraser Zoning Ordinance, as previously adopted and amended;
AND WHEREAS, a public hearing was held after
appropriate notice, as required by Article XI of the Fraser
Zoning Ordinance, and the laws of the State of Colorado;
AND WHEREAS, after due consideration of the evidence
presented at said public hearing, this Board finds and determines
the amendment proposed will protect the health, safety and
welfare of the present and future citizens of the Town of Fraser;
THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ERASER, COLORADO AS FOLLOWS:
Section 1. That Ordinance No. 53, the Fraser Zoning Ordinance,
is hereby amended as follows:
(A) Article IV entitled "Permitted Accessory Buildings and
Uses", Section 2 entitled "Accessory Buildings and Uses", shall
be amended by the addition of a new Subsection 10, which shall
read as follows:
10. Bed and breakfast operations of no more than five
rental rooms.
(B) Said Article IV shall be further amended by the addition
of a new Section 3.1 entitled "Bed and Breakfast", which shall
read as follows:
Section 3.1 BED AND BREAKFAST.
(1) A Bed and Breakfast shall be allowed as a permitted
accessory use, provided all the following conditions are
met:
(a) Such use shall be clearly incidental and
secondary to the use of the dwelling for dwelling
purposes and shall not change the character thereof.
(b) There shall be no exterior advertising of the
business, other than identification of the
establishment which shall comply with the regulations
of a site identification sign in Section 13-8-3(1) of
the Town of Fraser Zoning Ordinance.
(c) The structure shall contain no more than seven
bedrooms of which only five bedrooms can be for rent in
any Bed and Breakfast.
(d) An owner or manager responsible for the day
to day operation of the establishment must reside
within the Bed and Breakfast establishment or in a
structure adjacent to and on the same property as the
bed and breakfast structure.
(e) All parking for guests and employees must be
off street type parking in a maintained parking area.
Said area shall be hard surface of gravel, concrete or
asphalt, kept free of snow and shall in some manner
delineate the parking spaces. One additional parking
space per rental room is required in addition to any
parking required for the principal use.
(f) Operators of said establishment shall avoid
any illegal, unreasonably dangerous or harmful
practices or conditions which are detrimental to the
safety of those staying in said establishment.
(g) Said establishment shall comply with all
regulations and ordinances of the Town of Fraser,
including but not limited to, Article 6-2, Ordinance
184, of the Town of Fraser and all laws and regulations
of the State of Colorado. If complaints are lodged
against the establishment for noise or other impacts to
the neighborhood the Town Board of Trustees reserves
the right to review such complaints and to take
whatever action is deemed necessary including but not
limited to the revocation of the business license of
the Bed and Breakfast, in order to eliminate the impact
to the neighborhood.
(h) Said establishment shall provide for adequate
trash removal and shall screen trash removal
receptacles from public view.
(C) Article XIII entitled "Definitions", Section 2 entitled
"Word Definitions", shall be amended by the addition of a new
- 2 -
Subsection 3 (causing existing Subsection 3 and subsequent
subsections to be renumbered accordingly), to read as follows:
3. Bed and Breakfast. A business providing rooms, use of
bath facilities, to tourists on a nightly basis, for
compensation, which business is incidental to the use
of the premises for residential purposes. Structures
containing such businesses shall contain no more than
seven bedrooms, of which no more than five bedrooms are
allowed for nightly rental purposes.
Section 2. Severance Clause. If any article, section,
paragraph, sentence, clause, or phrase of this Ordinance is held
to be unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portions of this
Ordinance. The Board of Trustees hereby declares that it would
have passed this Ordinance and each part or parts thereof,
irrespective of the fact that any one part or parts be declared
invalid.
Section 3. All other provisions of Ordinance 53, as originally
adopted and subsequently amended prior to this Ordinance shall
remain as originally adopted and amended.
Section 4. It is declared that an emergency exists and that
this Ordinance is necessary for the immediate preservation of the
public peace, health and general welfare, and therefore shall be
in force and effective five (5) days after publication.
INTRODUCED, READ, AND ADOPTED THIS ~ DAY OF
1991.
F FRASER
BY: _
~~~. Jensen, Mayor
ATTE T:
~~~
VirC~ia Lee iV~ nt~r; Town Clerk
( S E A L )
- 3 -