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