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Home My Public Portal AboutOrdinance 416 Amending Zoning Regs. Regarding Business District, Planned Dev. District, & Permitted Accessory Building , SIgns TOWN OF FRASER ORDINANCE NO.416 Series 2014 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE TOWN OF FRASER, INCLUDING REGULATIONS RELATING TO THE BUSINESS DISTRICT, THE PLANNED DEVELOPMENT DISTRICT, AND PERMITTED ACCESSORY BUILDINGS AND USES AND CONDITIONAL USES, AND SIGNS AND OUTDOOR ADVERTISING DEVICES, AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER 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 following amendments to the Fraser zoning regulations were duly referred to the Fraser Planning Commission which favorably recommended the amendments to the Board of Trustees; 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, THAT: PART 1: ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF TOWN CODE. [Note: additions are shown in black bold print; deletions are shown as c+riL°+'�hri7T ug print.] 1.1 Chapter 16,Article 1 of the Code of the Town of Fraser, Colorado(herein sometimes referred to as the "Town Code"), Section 16-1-40, entitled Definitions, is hereby amended by amending a definition as follows: Temporary and/or seasonal proposals and uses and even (including mobile vending units and transient merchants ) mean any development within the Business Zone which is permitted for not more than a eiX # three month period in any calendar year, subject to the requirements in Sec. 16-4-30. 1.2 Chapter 16, Article 4 of the Town Code, entitled Business District, is hereby amended by amending the following Sections as follows: Sec. 16-4-10. Development permits required. Enhancing the physical appearance and improving the economic viability of the Business District and Devel,,,men+ (on) Dis+r;,.+ is critical to the community. It shall be unlawful for any person to undertake, conduct or use, or cause to be undertaken, conducted or used, any development within the Business District , plaRRing areas OR all RD DiG tFiGtS without complying with the provisions of these regulations. Sec. 16-4-110 (1) Temporary and/or seasonal proposals and uses and veRts (including mobile vending units and transient merchants are permitted subject to the following requirements: Sec. 16-4-110 (1) (a) Temporary and/or seasonal uses shall not be allowed on or within a lot, shopping center, professional center or business park for more than sib three(3) months in any calendar year. Sec. 16-4-110(c)The owner or operator shall have applied for and obtained a Town special events vendor license and all applicable State and Local taxes shall be collected. [The remainder of Section 16-4-110 remains unchanged.] 1.3 Chapter 16,Article 16-5 of the Town Code entitled, Planned Development District, is hereby amended by amending the following Section as follows: Sec. 16-5-420. Submission requirements. The final development plan shall include all of the information required in the preliminary development plan in its finalized, detailed form plus any additional items included below. All written and graphic documents shall comply with the Development Standards specified in Article 4, Business District, Division 3. 1.4 Chapter 16,Article 6, Subsection 16-6-30(1)of the Town Code relating to Accessory dwelling units, is hereby amended in its entirety to read as follows: Sec. 16-6-30.Accessory dwelling units. (1) The size of the accessory dwelling unit shall be subject to the following limitations: (a) The unit shall contain at least two hundred(200)square feet of habitable floor area; (b) The unit shall be no larger than fifty percent(50%)of the square footage of the principal dwelling unit or twelve hundred (1200) square feet of habitable floor area,whichever is less; however an accessory dwelling unit can have up to one hundred and twenty (120) additional square feet of attached, unheated, uninhabitable outside storage. (c) An accessory dwelling unit may be attached to a principal dwelling unit, located in a detached unit, or located in an attached or detached garage. (d) No accessory dwelling unit shall be separated by ownership from the principal dwelling unit. (e) The Board of Trustees may approve an increase in the size of an accessory dwelling unit, if the unit is located over a detached garage, and the Board of Trustees makes a finding that the size limitations of Subparagraph b above constitutes an unnecessary hardship. [The remainder of Section 16-6-30 remains unchanged.] - 2 - 1.5 Chapter 16,Article 10 of the Town Code, entitled Signs and Outdoor Advertising Devices, is hereby amended by amending the following Sections as follows: Sec. 16-10-30. Definitions. [The following definition is added.] Feather banner means a lightweight portable advertising medium, mounted on a pole that resembles a sail and can be folded in a neat carrying case for portability and storage. Sec. 16-10-110. Sign area, dimension and height Fneasureme^+. [The remainder of Section 16-10- 110 remains unchanged.] Sec. 16-10-120, a new Subsection (c) (3) is added as follows: The maximum height of a freestanding sign in a business and/or mixed-use district shall not exceed eighteen(18)feet. Sec. 16-10-120, (d) Monuments signs. (1) The area of monument signs shall be a maximum of thirty-two(32)square feet. (2) The maximum height of a monument sign in a business and/or mixed-use district shall not exceed twelve (12)feet. (3) The maximum height of a monument sign in a residential district shall not exceed eight(8) feet. [The remainder of Section 16-10-120 remains unchanged.] Sec. 16-10-130. Exempt signs. (8) Directional. If the Town decides elects to erect scan a....di zed business direrter-y signs, directional signage for public facilities/public lands in or adjacent to Fraser,such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with the lighting requirements of this Article. (21) Special events. If the Town decides to erect signs and or banners (including feather banners) in conjunction with a special event, such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with the lighting requirement of this Article. [The remainder of Section 16-10-130 remains unchanged.] Sec.16-10-150 Subsection (2) F=Ypestandipn Monument, projecting and wall signs are allowed. Freestanding signs are prohibited. The maximum heightshall be determined en a Gase gyp�.,�-,,}}��,.��.,, Team staff, net to evneed twelve(1 2)feet. Height and color and lighting shall be consistent with the character of the neighborhood and not conflict with any other part of these regulations. [The remainder of Section 16-10-150 remains unchanged.] Sec.16-10-170 Subsection (a) Sign types. All types of signs shall be permitted in the Business District. The aggregate area of all permanent signs, displayed on a site shall not exceed the total allowed sign area established by this Section. The total square footage of allowable sign area for any building shall be limited to one (1) square foot of sign area for each one (1) lineal foot of building frontage, provided that no more than 75%of the total allowable signage per storefront may be used - 3 - by any one(1)sign and the maximum size for any one(1)sign is one hundred (100)square feet. In those instances where a building has two(2) building frontages, the applicant shall choose one (1) building frontage to calculate the allowable square footage. Businesses with a building frontage of less than fifty(50)square feet shall be allowed a maximum sign area of fifty(50)square feet. Vacant property, without a building frontage, may be permitted to display two signs with the aggregate area of both signs not to exceed thirty two (32) square feet. Sec. 16-10-170 Subsection (c) is hereby amended in its entirety to read as follows: Off-premise signs may be permitted if the business street frontage is not on US 40. Off- premise signs must be approved by the Board of Trustees on a case-by-case basis. The off- premise sign request shall be analyzed by the Board of Trustees for compliance with the following criteria: (1) The off-premise sign permit requested would not harm the public and would not impair the purpose and intent of the Fraser Municipal Code,specifically Article 10, entitled Signs and Outdoor Devices; (2) The subject business is in an obscure location, not directly visible from US40, such that the off-premise sign is necessary to direct the public to a business; (3) The subject business must be located in the Town of Fraser; (4) The off-premise sign is directional in nature; (5) The off-premise sign would be subject to all other business sign requirements not specified herein; (6) The off-premise sign is counted against the sign allowance on the parcel on which it is displayed AND is counted against the sign allowance on the parcel/business applying for the sign. (7) Written consent of the property owner is required; and (8) The off-premise sign is limited to one(1)sign not to exceed twenty(20)square feet. [The remainder of Section 16-10-170 remains unchanged.] Sec. 16-10-180,a new Subsection(e) is added as follows: Temporary off-premise signs for a special event outside the Town limits may be permitted. The temporary off-premise sign request shall be analyzed by Town Staff for compliance with the following criteria: (1) The maximum number of signs related to the special event is two (2); (2) The aggregate area of all temporary off-premise signage is thirty-two (32) square feet; (3) The temporary off-premise signage may be a banner, feather banner, and/or sandwich board; (4) Signs may not be attached to any existing signs, traffic control equipment or signs, public utilities or trees and shall not be placed within the Town right-of-way. (5) No lights or illumination may be used in conjunction with the signs; and (6) Written consent of the property owner is required. (7) Temporary off-premise signs cannot be displayed for more than forty-five(45) consecutive days. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: - 4 - 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 two thousand six hundred fifty dollars ($2,650.00), 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: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed;provided, however,that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: 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 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. 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 FEBRUARY, 2014. Votes in favor: BOARD O f, COL F THE Votes opposed: D O Votes abstained: BY: Peggy it , yor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on'February 13, 2014. - 5 -