HomeMy Public PortalAboutOrdinance 401 Amending the Fraser Municipal Code & Zoning Regulations to Restructure the Board of Adjustment by Making Planning Commission Members Ex-Officio Memmbers of the Board of Adjustment TOWN OF FRASER
ORDINANCE NO. 401
Series 2012
AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE AND ZONING
REGULATIONS TO RESTRUCTURE THE BOARD OF ADJUSTMENT BY MAKING
PLANNING COMMISSION MEMBERS EX-OFFICIO MEMBERS OF THE BOARD OF
ADJUSTMENT, ADOPTING CHANGES TO THE PROCEDURES AND STANDARDS
FOR APPEALS AND VARIANCE APPLICATIONS TO THE BOARD OF
ADJUSTMENT, AND MAKING OTHER CONFORMING AMENDMENTS TO THE
MUNICIPAL CODE.
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, the Board of Trustees is also authorized to provide for the
appointment of a Board of Adjustment to hear and decide appeals and requests for
variances under the zoning regulations; and
WHEREAS, the Board has received and reviewed proposed amendments to the
zoning regulations and other provisions of the Municipal Code, which would restructure
reconstitute the Board of Adjustment for the Town of Fraser by designating the
members of the Planning Commission as ex-officio members of the Board of
Adjustment, providing for voting and alternate members, and amending certain
provisions relating to the procedures and standards for appeals and applications for
variances to the Board of Adjustment; 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 Fraser Municipal Code 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: ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF
TOWN CODE.
1_1 Chapter 2 (Administration), Article 7 (Board of Adjustment), of the Code of
the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is
hereby amended in its entirety by the adoption of the amended regulations set forth in
Exhibit "A" attached hereto and incorporated herein by this reference.
1_2 Chapter 16 (Zoning), Article 12 (Board of Adjustment), of the Municipal
Code is hereby amended in its entirety by the adoption of the amended regulations set
forth in Exhibit "B" attached hereto and incorporated herein by this reference.
1_3 Chapter 2 (Administration), Article 6 (Planning Commission), Section 2-6-
40 and Section 2-6-80 are hereby amended to read as follows [Note: additions are
shown in bold underlined print; deletions are shown as ofroleothrn print]:
Sec. 2-6-40. Residency.
All members of the Planning Commission shall be bona fide residents of
the Town, and if any member ceases to reside in the Town, his or her
membership on the Planning Commission shall immediately terminate. All
members of the Planning Commission shall serve as such without
compensation. The members appeiRted by the Mayer shall hold Re o+her
BeaFd of AdjUStmeRt or Appeals GUGh members shall be ev_offiGio members of-
the Bear-d of
s as provided by this Gede.
Sec. 2-6-80. Responsibilities.
(a) The Planning Commission may prepare such plans and regulations for
adoption by it and the Board of Trustees as may now or hereinafter be
authorized by the laws of the State or requested by the Board of Trustees and
shall act in an advisory capacity to the Board of Trustees when requested by the
Board of Trustees or required by the state statutes or the ordinances of the
Town.
Wa
OF ffi@aAIII,_J
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1_4 Chapter 16 (Zoning), Article 1 (General Provisions), Section 16-1-50 and
Section 16-1-70 are hereby amended to read as follows [Note: additions are shown in
bold underlined print; deletions are shown as --t-k print]:
Sec. 16-1-50. Planning Commission.
(a) The Planning Commission as established in Chapter 2, Article 6 of this
Code shall be responsible for the implementation of this Chapter, and shall act in
an advisory capacity to the Board of Trustees in those instances where these
regulations call for review and recommendation by the Commission.
(=e) (b) The Planning Commission and/or Town staff shall also have the authority
to issue development permits as set forth in Article 4 of this Chapter.
Sec. 16-1-70. Enforcement.
This Chapter shall be enforced by the Town Manager or his or her
designee
by the Board of Trustees or by any resident or property owner of the
Town. No oversight or dereliction on the part of the Town Manager or on the
part of any official or employee of the Town shall legalize, authorize or excuse
the violation of any of the provisions of this Chapter.
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
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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 5th day of DECEMBER, 2012.
Votes in favor: 7 BOARD OF TRUSTEES OF THE
Votes opposed: TOWK-0-T TOW -0-T FRASER, COLORADO
Votes abstained:
BY: r
Pegg i , Mayor
r
z ATT3
( SEAL )
Lu Berger, Town CI
Published in the Middle Park Times on December 13, 2012.
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EXHIBIT "A" TO ORDINANCE NO.
ARTICLE 7
Board of Adjustment
Sec. 2-7-10. Creation; Membership
(a) There is hereby created a Board of Adjustment, which shall consist of five (5)
voting members and two (2) alternates. Members of the Planning Commission shall
serve as ex officio members of the Board of Adjustment, in the following capacities:
(1) The Trustee appointed to the Planning Commission by the Board of Trustees
and the four (4) non-Trustee Planning Commission members shall serve as regular
voting members of the Board of Adjustment; and
(2) The Mayor and the Trustee appointed to the Planning Commission by the
Mayor shall serve as alternate members of the Board of Adjustment. Alternate
members may participate in Board of Adjustment proceedings, including acting as
Chairperson, but shall not vote in such proceedings except as provided in
Subsection (b) of this Section.
The Chairperson of the Planning Commission shall also serve as Chairperson of the
Board of Adjustment.
(b) In the event that any regular member is temporarily unable to act, owing to
absence from the town, illness, interest in a case before the board or any other cause,
his place may be taken during such temporary disability by an alternate member who
shall then enjoy full voting privileges. If only one regular member is absent, the
Chairperson shall designate the alternate member who shall act in place of the absent
member, or in the absence of the Chairperson, the acting alternate member shall be
chosen by vote of the remaining Board members.
Sec. 2-7-20. Powers and Duties.
(a) The Board of Adjustment shall have all of the powers provided by Sections 31-
23-301 and 31-23-307, Colorado Revised Statutes, except as limited or modified by the
provisions of this Code.
(b) Notwithstanding any other provision of this Code, the Board of Adjustment shall
have no authority to grant use variances of use modifications under the zoning
regulations or other regulations of the Town.
(c) The Board of Adjustment shall have the following duties:
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(1) To meet at the call of the Chairperson or by his/her request or by the request
of the building official, town planner, or other town official or member of town staff,
or upon the request by any party wishing to appeal the decision of the same, as
provided by this Code and state statutes.
(2) To adopt any rules necessary to transact the Board of Adjustment's business
or to expedite its functions or powers so long as they are not inconsistent with the
provisions of the applicable state statutes and the Municipal Code, and provided
further, that such rules and any amendments thereto must be approved by the
Board of Trustees before taking effect.
(3) To hear and decide upon appeals of decisions of town officials or staff
relating to the zoning regulations and upon applications for variances or adjustments
to requirements of such zoning regulations pursuant to the provision of this Code,
(4) To keep minutes and records of the proceedings of each meeting which shall
be filed in the office of the Town Clerk or other official designated by the Town
Clerk, which shall be of public record.
(5) To permit the public to attend and be heard at all of its meetings.
(6) To perform such other duties as may be delegated to it by the provisions of
this Code.
(d) Matters coming before the Board of Adjustment may be considered on the same
date as any regular, special or adjourned meeting of the Planning Commission.
Sec. 2-7-30. Quorum; Voting Requirements.
(a) At all meetings of the Board of Adjustment, the presence of four (4) members
shall constitute a quorum of the transaction of business.
(b) The concurring vote of four (4) members of the Board of Adjustment shall be
required to overturn or modify decisions made by the building official, town planner or
other town official or staff upon appeal to the Board, or to grant an application for a
variance or adjustment to the requirements of the zoning regulations or any other
application within the jurisdiction of the Board. Any other matters shall require a majority
vote of the members present at a meeting at which a quorum is in attendance.
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EXHIBIT "B" TO ORDINANCE NO.
ARTICLE 12
Board of Adjustment
Sec. 16-12-10. Jurisdiction.
(a) The Board of Adjustment is constituted as provided in Chapter 2, Article 7 of this
Code and its jurisdiction includes authority for hearing appeals and granting of
variances under the provisions of the zoning regulations contained in this Chapter.
(b) As provided in Chapter 2, Article 7, the Board of Adjustment has no authority to
grant use variances or use modifications from the regulations contained in this Chapter.
Sec. 16-12-20. Appeals.
(a) The Board of Adjustment shall hear and decide appeals from and review any
order, requirement, decision, or determination made by any administrative official
charged with the enforcement of any provision of this Chapter.
(b) Notice of such appeal shall be in writing, specifying the grounds thereof, which
shall filed with the administrative officer or official from whom the appeal is taken within
the time prescribed by the rules adopted by the Board. Failure to file a notice of appeal
within the prescribed time shall constitute a waiver of the right to appeal.
(c) Upon receipt of the notice of appeal, the officer or official from whom the appeal
is taken shall transmit to the Town Clerk all documents constituting the record upon
which the action appealed from was taken, and the Clerk shall provide the same to the
Board.
(d) The Board or its designee shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties. Upon hearing, any party may appear
in person or by agent or attorney. The board of adjustment may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or determination
appealed from and shall make such order, requirement, decision, or determination as in
its opinion ought to be made in the premises and to that end has all the powers of the
officer or official from whom the appeal is taken, subject, however, to the vote
requirements specified in Section 16-12-40 hereof.
(e) Where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the regulations contained in this Chapter, the Board of
Adjustment has the power, in passing upon an appeal, to vary or modify the application
of such regulations relating to the construction or alteration of buildings or structures, so
that the spirit of the ordinance is observed, public safety and welfare secured, and
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substantial justice done; provided, however, that the grant of such a variance will only
be considered if the request therefor is included in the notice of appeal and the notice
requirements and other criteria specified in Section 16-12-30 of this Code are satisfied.
(f) An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer or official from whom the appeal is taken certifies to the Board, after
the notice of appeal is filed with him, that by reason of facts stated in the certificate a
stay would, in his or her opinion, cause imminent peril to life and property. In such case
proceedings shall not be stayed other than by a restraining order which may be granted
by the Board of Adjustment or by the district court on application, on notice to the
enforcement officer or official from whom the appeal is taken and on due cause shown.
(g) The Board of Adjustment shall render its decision on an appeal within a
reasonable time, which decision shall be made or confirmed in writing and delivered or
mailed to each party to the appeal.
Sec. 16-12-30. Variances.
(a) The Board of Adjustment shall have the power to grant variances from the
provisions of this Chapter, subject to the voting requirements specified in Section 16-
12-40 hereof. Further, the Board may grant a variance only if it finds that all of the
following conditions are present:
(1) There are unique physical circumstances or other conditions peculiar to the
affected property, such as exceptional topography or irregularity, narrowness or
shallowness of lot;
(2) The unique physical circumstances or other conditions do not exist
throughout the neighborhood or district in which the property is located;
(3) The unique physical circumstances or other conditions, or any other hardship
complained of, have not been created by the applicant;
(4) Because of the unique physical circumstances or other conditions, the
property cannot be reasonably developed in conformity with the provisions of this
Chapter;
(5) The variance, if granted, will not alter the essential character of the
neighborhood or district in which the property is located, or substantially or
permanently impair the appropriate use of adjacent conforming property;
(6) The variance, if granted, is the minimum variance that will afford relief and is
not detrimental to the public good or to the purpose, intent and spirit of this Chapter
or the Town comprehensive plan.
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(b) In granting any variance, the Board of Adjustment has the authority to attach
such reasonable conditions as it deems necessary to protect the general welfare and
implement the purposes of this title.
(c) The following procedures shall apply to the Board's consideration of variance
requests:
(1) All variance requests shall be submitted to the Board of Adjustment in
writing.
(2) Every variance application shall indicate what provisions of this Chapter are
involved and what relief is sought by the applicant.
(3) The applicant shall set forth the grounds upon which the variance is being
sought.
(4) The Board or its designee shall fix a reasonable time for a public hearing on
the variance application.
(5) Notice of said hearing shall be published once in a newspaper of general
circulation within that part of the County where the property is located at least
fourteen (14) days prior to the hearing date.
(6) Written notice of said hearing shall be mailed by certified mail, return receipt
requested, at least fourteen (14) days prior to the hearing date to the owners of the
property within one hundred (100) feet of the property in question.
(7) Preparation of and payment of all notices shall be the responsibility of the
applicant.
(d) No grant of a variance shall be complete or effective unless and until the Board
of Adjustment has adopted a written resolution approving the variance, which resolution
shall identify the property for which the variance is granted, specify the terms of the
variance and any conditions approved by the Board, and state specifically the
exceptional conditions, practical difficulties or unnecessary hardships involved or other
grounds for granting the variance. A copy of such resolution, certified by the
Chairperson or other Town staff, shall be recorded in the office of the Grand County
Clerk and Recorder to provide notice to persons subsequently acquiring any interest in
the property.
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Sec. 16-12-40. Voting Requirements
The concurring vote of four (4) members of the Board of Adjustment shall be
required to overturn or modify decisions made by the building official, town planner or
other town official or staff upon appeal to the Board, or to grant an application for a
variance or adjustment to the requirements of the zoning regulations contained in this
Chapter.
Sec. 16-12-50. Appeals from the Board of Adjustment
Every decision of the Board of Adjustment shall be subject to review by certiorari
by the District Court, and as provided by law. Such appeal shall be filed not later than
thirty (30) days from the final action taken by the Board of Adjustment. Such appeal
may be taken by any person aggrieved or by an officer, department, board or bureau of
the Town.
Sec. 16-12-60. Fees
All appeals or applications to the Board of Adjustment shall be accompanied by
payment of a fee as set forth in Appendix A to this Code for each separate appeal or
variance application submitted. Said fee shall not be refunded, notwithstanding that the
applicant has withdrawn such appeal or application or that the same is denied by the
Board of Adjustment.
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