HomeMy Public PortalAboutOrdinance 380TOWN OF FRASER
ORDINANCE NO. 380
Series 2011
AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY
APPLICATION FOR A PERMIT FOR THE INSTALLATION OR RELOCATION OF ANY
ELECTRONIC MESSAGE CENTER SIGN PURSUANT TO CHAPTER 16, ARTICLE 10
OF THE FRASER MUNICIPAL CODE; SUSPENDING THE REGULATIONS
ALLOWING THE INSTALLATION OF ELECTRONIC MESSAGE SIGNS WITHOUT A
PERMIT; DIRECTING THE PROMPT INVESTIGATION AND REVIEW OF
AMENDMENTS TO THE TOWN'S REGULATIONS CONCERNING SUCH SIGNS;
DECLARING THE INTENTION OF THE TOWN BOARD TO CONSIDER THE
ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO SUCH
SIGNS AS PERMITTED BY LAW; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Fraser Municipal Code, in Chapter 16, Article 10, contains
provisions regulating signs within the Town of Fraser, including "electronic message
center" signs as defined therein; and
WHEREAS, it has come to the attention of the Board of Trustees that there are
certain ambiguities and uncertainties with respect to the interpretation and application
of the current regulations concerning electronic message center signs; and
WHEREAS, various issues and concerns have been raised by members of the
public regarding such signs and the application of the Town's sign regulations; and
WHEREAS, the Planning Commission is currently considering certain proposed
amendments to the Fraser sign regulations, including those pertaining to electronic
message center signs; and
WHEREAS, the Planning Commission and the Board of Trustees need
additional time to study and evaluate such regulations and possible amendments
thereto; and
WHEREAS, the imposition of a one hundred eighty (180) day moratorium on the
submission, acceptance, processing, and approval of all applications for permits for the
installation or relocation of electronic message center signs and on the installation of
such electronic message center signs without a permit pursuant to the exemptions
provided in the regulations, will allow the Town staff, the Planning Commission and
Board of Trustees time to evaluate the current regulations and to implement appropriate
amendments, if deemed necessary; and
WHEREAS, the Board of Trustees finds and determines that the moratorium
provided in this Ordinance is in the best interests of the public health, safety and
general welfare of the citizens, residents and taxpayers of the Town of Fraser; and that
all applicable requirements of the Code of the Town of Fraser and state statutes have
been met with respect to the adoption of said moratorium.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
Section 1: Imposition of Temporary Moratorium
Upon the adoption of this Ordinance a moratorium is imposed upon the submission,
acceptance, processing, and approval of all applications for permits for the installation
or relocation of electronic message center signs within the Town of Fraser. The Town
staff is directed to refuse to accept for filing, and not to process or review, any such new
applications during the moratorium period. A moratorium is also imposed upon the
installation of any such electronic message center signs without a permit pursuant to
the exemptions provided in the regulations, and such exemptions are hereby
suspended during the duration of the moratorium.
Said moratorium shall not apply to any permits issued or applications filed prior to the
effective date hereof.
Section 2: Effective Dates of the Moratorium
The moratorium imposed by this Ordinance shall commence as of the date of the
adoption of this Ordinance, and shall expire one hundred eighty (180) days thereafter,
unless sooner repealed.
Section 3: Staff and Planning Commission to Investigate and Propose Amendments to
Regulations
The Town staff and Planning Commission shall promptly undertake a careful review of
the current Town regulations concerning electronic message center signs and shall
prepare and propose appropriate amendments to such regulations for consideration by
the Board of Trustees.
Section 4: Severability.
Should any one or more sections or provisions of this Ordinance be judicially
determined to be invalid or unenforceable, such determination shall not affect, impair,
or invalidate the remaining sections or provisions of this Ordinance, it being the intent of
the Board of Trustees that such invalid or unenforceable provisions are severable.
Section 5: Declaration of Emergency
Because of the immediate risk that inappropriate electronic message center signs might
be permitted under the existing regulations, the Board of Trustees hereby finds,
determines, and declares that an emergency exists, that this Ordinance is necessary for
the immediate preservation of public peace, health, safety and welfare, and that it shall
be in full force and effect immediately upon adoption.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 18 day of MAY, 2011.
Votes in favor:
Votes opposed: (Q
Votes abstained: tR
(SEAL)
Published in the Middle Park Times on May 26, 2011.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Fran Cook, Mayor
ATTEST:
Lu Berger, Town Clelik