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HomeMy Public PortalAboutOrdinance 394TOWN OF FRASER ORDINANCE NO. 394 SERIES OF 2012 AN ORDINANCE AMENDING THE FRASER ZONING REGULATIONS TO IMPLEMENT A TEMPORARY AMENESTY PROGRAM FOR NONCONFORMING ACCESSORY DWELLING UNITS WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 3, the Board of Trustees of the Town of Fraser is authorized to adopt and amend zoning regulations applicable within the Town; and WHEREAS pursuant to such authority, the Board of Trustee previously adopted regulations governing the construction and use of accessory dwelling units "ADU's as defined and provided in the Fraser Municipal Code; and WHEREAS, the Board has also established water and sewer plant investment fees and service fees applicable to primary and accessory dwelling units within the Town; and WHEREAS, the Board finds and determines that there currently exist several properties within the Town which may have accessory dwelling units that do not conform to the requirements of the zoning regulations or for which the applicable water and sewer fees have not been paid; and WHEREAS, the Board has received and reviewed proposed amendments to the zoning regulations, which would establish a temporary amnesty program designed to allow the owners of such nonconforming accessory dwelling units to bring such units into compliance with the zoning regulations and the water and sewer fee requirements applicable to such units; and WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing properly published as required by the Code of the Town of Fraser and Section 31 -23 -304, Colorado Revised Statutes, as amended; and WHEREAS, the Board of Trustees finds and determines that the proposed amendments are 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 amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 16 (Zoning), Article 6 (Permitted Accessory Buildings and Uses and Conditional Uses), of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code is hereby amended by the adding a new Section 16 -6 -70 to said Article, which shall read as follows: Sec. 16 -6 -70. Temporary Amnesty Program for Accessory Dwelling Units: (a) Purpose: The purpose of the temporary amnesty program provided in this Section is to encourage property owners to bring nonconforming accessory dwelling units into compliance with the zoning regulations and applicable water and sewer requirements. During the amnesty period, owners of qualifying units may apply for a conditional use permit, to be processed under a simplified, expedited administrative procedure and without payment of the usual application fees (other than a building inspection fee), and any unpaid water or sewer plant investment fees applicable to the accessory dwelling unit will be waived. (b) Time Frame: The amnesty program will be in effect from the effective date of this ordinance until December 31, 2012, during which period the owner of any existing accessory dwelling unit "ADU created on before the effective date of this ordinance may submit a completed application for a conditional use permit for the unit. If a conditional use permit is not applied for and issued while the amnesty program is in effect, the owner of any illegal nonconforming unit shall be subject to prosecution and the sanctions provided in the Municipal Code and will be responsible for payment of all plant investment fees and service fees due with respect to the unit. (c) Eligibility: In order to be eligible for the amnesty program, the owner and the accessory dwelling unit must meet the following criteria: (1) The unit must have been established or constructed, without obtaining a conditional use permit, prior to the effective date of this ordinance, when this amnesty program was implemented. (2) The unit must meet the definition of an accessory dwelling unit, as set forth in Section 16 -1 -40 of the Municipal Code, and must comply or be made to comply with the criteria specified in Section 16 -6 -30 (1 -5) of the Municipal Code. (3) The unit must be inspected and found or be made to comply with the applicable requirements in this Section 16 -6 -70. (4) If it is determined that any plant investment fee applicable to the accessory dwelling unit has not been paid, the unpaid amount will be waived. However, if water and sewer service fees have not been previously billed and paid for the unit, the owner will be responsible for payment of such service fees from the date of approval of the conditional use permit for the unit. (d) Procedure: The following procedures shall apply during the amnesty period: (1) Applications concerning eligible ADU's shall be reviewed and approved by Town staff, as designated by the Town Manager, in lieu of the procedures provided in Section 16 -6 -60 of the Municipal Code. (2) A person desiring to obtain a conditional use permit and, if applicable, waiver of unpaid plant investment fees, shall submit a completed application for such permit upon application forms provided by Town staff. There will be no application fee for filing such application, other than the inspection fee provided below. (3) Upon receipt of an application and determination by Town staff that the application is complete, an inspection of the site and building will be scheduled. The applicant shall pay a fee of $47.00 for such site and building inspection. The inspection shall include, but is not necessarily limited to, the following items: (i) Size of ADU unit; (ii) Confirm that the ADU is attached to the principal dwelling unit or detached garage; (iii) Separate egress; (iv) Adequate parking; (v) Access to utilities; (vi) Plumbing connections and venting of fixtures; (vii) Connection and venting of fuel burning appliances; (viii) Smoke alarms and CO detectors; (4) Following such inspection, if modifications to the site or building are necessary to meet the applicable criteria, the applicant will be so notified and allowed a reasonable time to complete such modifications. Any and all modifications must be completed by December 31, 2012. (5) If staff determines that all requirements and criteria have been satisfied by the applicant, a conditional use permit shall be issued for the accessory dwelling unit, which permit may include such conditions as staff determines are appropriate for such units generally or for a particular unit. Otherwise, if such requirements and criteria are not met, the application shall be denied. (e) Repeal: This Section 16 -6 -70 is repealed effective at midnight on December 31, 2012; provided, that such repeal shall not affect any completed application submitted under the provisions of this Section prior to that time. Any such pending application shall be processed and either approved or denied in accordance with the provisions of this Section notwithstanding such repeal. PART 2: PENALTY CLAUSES. The following section of the Fraser Municipal Code contains penalty clauses applicable to violations of the above provisions, and such section, although not amended, is herewith set forth in full: Sec. 1 -4 -10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 21st DAY of MARCH, 2012. Votes in favor: (p Votes opposed: 0 Votes abstained: Published in the Middle Park Times on March 29, 2012. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY Fran Cook, Mayor ATTEST: CX Lu Berger, Town CIU k