HomeMy Public PortalAboutTBM 1980-11-05JP
FORM O C. F. HOECKEL B. B. L. CO,
RECORD OF PROCEEDINGS 100 Leaves
Nov. 5, 1980
The regular meeting of the Board of Trustees was called to order by
Mayor 1 eonard 7:30 p.m. Nov 5, 1980. Board present were Clayton, Bickle,
Klancke, Rensberry, Johnston, Attorney Doucette, Clerk Winter,
Monte Rogers.
Minutes of the previous meeting were approved as written.
Bills 2resanted for payment:
Monte ogers- blue cross- 61.95
Terry i4addox- clean school 198.00
Dale Smith- clean school- furnace 48.00
Rachael Rogers- cleaning school 198.00
Loyd Frye- lawn care, su:Imer 200.00
W.I. Manifest- as 50.47
Grnd 'sounty ;,.herrif- serve summons 33.40
Foxfire- 1172.18
0layton uonst. drainage, Cobweb area 220.00
NFM- auppliea 21.1+9
Richard 1) oucette- legal 755.81
Drake .L;nsineering- explortary well 0 21.50 2042.50
Ace iiardware-clorine, misc sup:alies 1594.66
Ramsour Brea. rock intake 91.58
Drake Eng. Inspection, well etc. 597.93
E.G.
£jr ist, hyd. wrench 18.05
Judge Petersen- sumo' 37.78
Ski Hi News- legal ads 85.87
Mt. .'arks Elec. 284.65
Public Service- 25.21
Granby Auto- chaihs 414.5e
Kerber Oil 544.41
Grand 'ounty Treas. police 100.00
Gambles 19.09
at Grand Schools Dist. closing, title policy 30,416.00
Hlancke made a motion to pay these bills, 2nd Johnston. carried.
1981 budget was again discussed in detail with the changes as directed by
the 'Board on the review and hearing in Oct. hlancke made a motion to
Adopt the 1981 Budget with Resolution No. 30-11-1 2nd Rensberry, carried.
Clayton made a motion to adopt Ordinance No. 88 appropriating moniies and
setting the mill levy for the year 1981. 2nd Hlancke, carried.
A resolution was reviewed by the Board at the last meeting to amsend
the 1980 budget to appropriate monies into the Street fund with Senate
'bill 408 approiations to the Town. Public notice setting this meeting
for the hearing on this amendment being Nov. 5, 1980. Klancke made a motion
to adopt Resolution No. 80-11-2 ammending the 80' budget to include the
expenditure of Senate bill 408 appropriations. 2nd Johnston. carried.
Klancke made a motion to adopt Resolution No. 80-11-3 ratifing the contract to
purchase the old School from the School Dist. 2nd Rensberry, carried.
Board discussed the spaces at the school to give to community bodies.
Klancke and. Winter will investigate space and report back to the Board next
meting so the Board can determine the charges for the space.
MW0000 has requeated monies again this year to help in the legal cost
of fighting Trans-(;oninetal Mountain Diversion. Hensberry made a motion
to give &1000.00 for this legal aid, 2nd Klancke, carried.
ser
FORM 50 C. F. HOECKEL B. B. L. CJ.
RECORD OF PROCEEDINGS 100 Leaves
Nov. 5, 1980 page 2
Regular meeting closed at 3:11 to go into hearings.
Parking Ordinance Po. 90 was read and. discussed. This Ordinance will reflect into
theodle Traffic Code as permit section. Johnston made a motion to adopt Ordinan
No. 90, larking :regulations, 2nd Klancke, carried. `'lerk resorted delivery
on the signs and Monte was instructed to,put these up as soon as possible.
Resolution No. 80 -11 -5 was adopted by motion from Klancke 2nd Johnston, carried.
This resolution is a form for tippling for special use permit for parking.
Board discussed breifly that a letter had been sent to the :PA conce.ing
thf,ar disignations of wet lands. :No response from them at this time.
Dick Doucette and Jerry Bickle will try to get touch with ;herrif i1endersin
to discuss possible added police protection within the Town.
Ron Drake- resorted that the booster station for water to upper Ptg. would
be fired next week and tested. lower to this station was not installed yet.
Drake wanted to know who would be responsible for the power. Board advised
Drake that Randall would be responsible for this for a period of one year along
with all maintance and lines.
Drake reported to the Board on the test :.ell, it was drilled for 90 and got
60 gpm. Drake presented other material conected with the diversion. access,
etc. Drake questioned the Town on if they wanted a series of 3 to 4 well
with underground storage tank, how to handle the access problem. Board gave
Drake the authority to work on the access problem by contacting the owners
of parts of the property and figuring costs releeeg to access, wells and stor age
tank.
Larry Smith, Meadows View vondo. needing; town sign off. has PC sign off.
Klancke made a motion to sign off on this contingent on .Smith providing
an ownership declaration, 2nd Clayton. carried.
Ann Douden, needs sign off on 4 Pines Condo. as PC signoff. Johnston
made a motion to sign off, 2nd Clayton, carried.
Victor Sievers- contacted the .clerk of ice x e g..rsin water tap. A question has
come up in regards to if he had a dead tap as noting had been collected on this t
tap in many years. The owner firs. ::'':Lijlips used to pay the turn off and on
fees and some question as to wheather the Town ever nitified her when the
water Ordinance was writ en that included no seasonal users and fire porthection re
rates. Bickle made a motion that this -would not be a de tap and to charge
Sievers a turn on of $29.00 and full rate from that date. 2nd Clayton, carried.
No communication from Grand Cable Vision on the poor reception.
Upper Ptg. street signs have never been installed by Randall. Board will
see if this can bee done as soon as possible.
Ric Davis- letter to the Bo ;I.,rd asking :or a refund on 2 taps he purchased
but cannot use at present. Board tabled this decission.
Johnston reported that he inspected the work done in upper Ptg. and approved
them.
Bickle made a motion to have the Board go into an executive session concerning
legal matters with alBoard present except Johnston, (the Town clerk and
rw
c
Attorney and Mayo na Rensberry. carried. 1 :00 p.m.
FORM SO C. F. HOECKEL B. B. L. CO.
0
RECORD OF PROCEEDINGS 100 Leaves
Nov. 5, 1980
Board opened regular meeting 11:50 p.m.
Bickle made a motion to instruct the Fire District to inspect the D&D
i'suilding and the County Building Inspector. 2nd Clayton. carried.
Bickle made a motion to on advise from the Town Attorney, direct the
Town Attorney to send a letter to the parties involved with the summons
issued concerning the "DD building, that the Town will diss the summons
in view of the hardship created and will not pursue it at this time. 2nd
Klancke carried.
Clayton made a motion directing Attorney Doucette to pursue enforcement
of Ordiance 86 concerning the I):D Building and authorizing Doucette
to pursue action against Davis for failure to comply with the court
stipulated agreement. 2nd Bickle, carried.
No futher business, meeting adjourned 11:45 p.m.
MAYOR
Page 3
A RESOLUTION CERTIFYING TO THE BOARD OP TRUSTEES E S OF THE TOWN
OF FtZASEER AN ADDENDUM TO THE TOWN OF 1 BASER .SUBDIVISION
REGULATIONS AS ADOPTED NOVEMBER 7, 1980 BY RESOLUTION NO.
1979 -11 -3 OF THE 30ARD OF TRUSTEES OF THE TOWN OF F ZASER.
'ER sAS, the Town of Fraser Planning Uommission
has reviewed the Town of Fraser Subdivision _.eLulations and has
deemed it necessary for the protection of the health, safety
and welfare of the current and future inhabitants of the Town
of Fraser that said regulations be supplemented by the addition
of an addendum thereto;
AND WHEREAS, this Commission has carefully reviewed the proposed
addendum, the purpose for which it is intended and the needs of the
present and future inhabitants of the Town of Fraser;
AND WHEREAS, said addendum is set forth as the attached
Exhibit "1" to this Resolution and which by this reference is
fully incorportated herein and made part hereof;
NOW, THEEFORE, _:E IT LE 3 OLV:LD BY THE T0WN OF FRAS ER
PLANNING COMMIS:ION AS FOLLOWS:
1. That the proposed addendum attached hereto as
Exhibit "1" which by this reference is fully incorporated herein
is approved and certified to the Board of Trustees of the Town
of Fraser, Colorado for public hearing and adoption. Said
addendum is to be incorporated into and made part of the Town
of Fraser Subdivision Regualtions as previously adopted by the
Fraser Planning Commission and the Board of Trustees of the Town
of Fraser, Colorado.
DULY MOVED AND ADOPTED BY THE MiN OF FtASER PLANNING
COMMISSION ION TTHIS ao DAY OF AUGUST, 1980.
ATTEST:
T0WN OF F RA
'Y') �1� t "YVII.�••�
SECRETARY
RESOLUTION NO. 1980 -8 -2
TOWN OF FRASER PLANNING COMMIS-ION
BY:
C"1,el
I C c. '7.: J P.0
CHAIRMAN
ADD TO
ORGINAL
WORDING
NEW SUBS CTION
6.1 SKETCH TC_H PLAN.
TOWN OF FRA DER
SUBDIVISION R:]GULATIONS
resolution no. 1979 -11 -3
I _;NnM NTS
1., b.
EXHIBIT 1 to
Resolution 1980 -8 -2
Article V1. SKETCH PLAN AND PLAT
A
Procedure for submittal and accomYying materials
X. A soils report that is site
specific detailing the soil
type(s) and any building
limitations applicable to
the particular soil type(s)
identifi d either information
from U.S.D.A. Soil Conser-
vation Service- Kremmling Colo.
or a qualified Engineer s Soils
report are approprate).
Article V11: DESIGN STANDARD
7.7 JOR CONDOMINIUM3 TOWNHOUSES AND
APARTMENTS.
orginal 1.
wording:
1st sentence In addition,
there shall be a maximum density of one
(1) unit per two thousand one hundred
seventy eight (2176) square feet of
property subdivided and sixty per cent
(60% of the area shall be open space.
amend orginal
wording to 1. 1st sentence In addition,
there ahall be a maximum density of one
(1) unit per two thousand one hundred
seventy eight (2178) square feet of property
subdivided and fiftyfive 55 percent
of the area shall be open space.
FORM SO C. F. HOECKEL B. B. L. CO.
ZONING AM:
NOV. 5, 1980
RECORD OF PROCEEDINGS 100 Leaves
Mayor Leonard opened the zoning amendment hearing at 3:11 p.m. Nov. 5, 1980.
Board pree were Clayton, Bickle, Rensberey, Johnston, Klancke,.
Doucette reviewed with the hoard proceedures that must be taken to consider
a zoning amendment.
Doucette presented for:
Exhibit A. Proof of Publication of zoning hearing.
:xhibit B. Ordinance 53, copy of the zoning regulations.
Exhibit C. Resolution from the planning commisAon on their finding and
recommendation for the changes to the Zoning Ordinance concerning
parking spaces for each use.
Audience and Board views on any objection to the change mere asked for at this
time. No objections. Mayor closed the hearing to evidence.
Proposed Ordinance read.
Rensberry made a motion to adopt Ordinance No. 89 arnmending the Zoning
Ordinance No. 53. 2nd Klancke, carried.
Zoning hearing Closed.
Sky Hi News
GRANBY, COLORADO
STATE OF COi3ORADO
)ss.
COUNTY OF GRAND
I, William Potter Johnson do solemnly swear that I am the
publisher of the Sky Ni News; that the same is a weekly
newspaper printed, in whole or in part, and published in the
County of Grand. State of Colorado, and has a general cir-
culation therein; that said newspaper has been published
continnonsly and uninterruptedly in said county of Grand for a
period of more than fifty -two consecutive weeks next prior to the
first publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United States mail
as second -class matter under the provisions of the act of March
3, 1879, or any amendments thereof. and that said newspaper is
a weekly newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State
of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire issue of every number of said weekly
newspaper for the period of a'
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 0cts 2
X 1).19
80
and that the last
publication of said notice was in the issue of newspaper dated
October 2
October
,AD 19
80
In witness whereof 1 have hereunto set my hand this 1 kt
80
19
Subscribed and sworn to before me,
the County of (:rand, State of Colorado, this 1 4t h
,Publisher.
)tary puhli In and for
day of
Oct older p D 19
Notary Public.
My Commission expires August 21, 1982
1/- `2-a
PROOF OF PUBLICATION
and B5;
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contained
to dWr„
follows:
use
rented) 1
NUM
bedrootns'. of
NUMBER Ql
Ali;:e'et'
WSW
All I
attend
Pot naiad (r+ tho
day of
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FRASER ZONING ORDINANCE
ORDINANCE NO. 5'3
ARTICLE II
it/wail-1 ft-- 3 -8'0
AN ORDINANCE AND MAP ESTABLISHING ZONING DISTRICTS IN THE TOWN OF
FRASER, COLORADO; REGULATING AND RESTRICTING THE USE OF BUILDINGS,
STRUCTURES AND LAND; THE LOCATION, HEIGHT, BULK AND SIZE OF BUILD-
INGS AND OTHER STRUCTURES; GOVERNING THE AREA OF YARDS, COURTS,
OPEN SPACES AND PLAC FS SURROUNDING BUILDINGS AND STRUCTURES; LOT
SIZES AND PERCENTAGE THEREOF THAT MAY BE OCCUPIED; CONTROLLING THE
DENSITY OF POPULATION; DIVIDING THE ZONED AREA INTO DISTRICTS FOR
ZONING PURPOSES; ADOPTING A MAP OF SAID AREA AND THE ZONING DIS-
TRICTS CONTAINED THEREIN, SHOWING BOUNDARIES AND THE CLASSIFICA-
TION OF SUCH DISTRICTS; ESTABLISHING A BOARD OF ADJUSTMENT AND
APPEAL PROCEDURES; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT
AND AMENDMENT OF SAID ZONING PROVISIONS; DEFINING CERTAIN TERMS
USED HEREIN; PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF; AND
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO:
ARTICLE I
Authority, Purpose and Application
Section 1. TITLE. This Ordinance shall be entitled the "Fraser
Zoning Ordinance and Map."
Section 2. AUTHORITY. The Fraser Zoning Ordinance and Map are
authorized by Article 60, Chapter 139, Colorado Revised Statutes,
1963, as amended.
Section 3. PURPOSE. This Ordinance shall be for the purpose of
promoting the health, safety, morals, convenience, order, prosper-
ity and welfare of the present and future inhabitants of the Town
of Fraser, by lessening congestion in the streets and roads; in-
creasing safety from fire and other danger; providing adequate
light and air; the classification of land usek and development;
protection of the tax base; securing economy in governmental
expenditures; fostering and encouraging business and industry;
and the protection of urban and non -urban development.
Zoning Districts, Zoning Map and
District Boundaries
Section 1. ESTABLISHMENT OF DISTRICTS. In order to carry out the
provisions of this Ordinance, there is hereby created the following
zoning districts into which the Town of Fraser is now and in the
future may be divided into:
R -1 Low Density Residence. This district is for the
standard urban density subdivisions, composed of single- family
dwellings.
R -2 Medium Density Residence. This district is for
higher density of dwelling units than in the R -1 District, where not
more than four (4) dwelling units are desired within a building or
on a single parcel of land.
R -3 High Density Residence. This District allows for the
highest density of dwelling units where more than four (4) dwelling
units are desired within a building or on a single parcel of land.
No R -3 District shall abut on an R -1 District.
M -1 Low Density Mobile Home. This District is for low
density individual mobile homes where not more than one (1) mobile
home is placed on each 5,000 square feet of land.
M -2 Medium Density Mobile Home. This zone provides for
the location of individual mobile homes or mobile home parks where
more than one (1) mobile home is placed on each 5,000 square feet
of land.
B Business. This zone is to provide for any general
business, commercial or wholesale activity.
Section 2. ZONING MAP. The location of the zoning districts hereby
established are shown on the accompanying map entitled "Official
Zoning Map of the Town of Fraser" dated the 9f% day of
197f and is hereby made, along with the explanatory matthr,
part of this Ordinance. The official map shall be filed in the
office of the Fraser Town Clerk and Recorder, and shall be kept
current at all times. All amendments to the map made in conformity
with Article XI of this Ordinance shall be recorded on the map within
twenty -four (24) hours of its adoption, showing general location,
effective date, and nature of the change. Each map amendment shall
become an amendment to Article II of this Ordinance and shall contain
a legal description of the area to be changed, as well as the nature
of the change. No change shall be made to the official zoning map,
except in the manner provided herein, and any unauthorized change
to the official zoning map by any person,or persons shall be deemed
a violation hereof and punishable as set forth in Article XII.
ARTICLE III
District Regulations
2
1. No building, structure, or land shall hereinafter
be occupied or used, and no building or structure
or part thereof shall be erected, moved, or struc-
turally altered, unless in conformity with all of
the regulations herein specified for the district
in which it is located.
2. No lots existing at the time of the adoption of
this Ordinance shall hereafter be reduced below
the minimum dimensions or areas required by this
Ordinance. Lots which presently do not provide
for the minimum dimensions provided for herein
shall not be further reduced after the adoption
of this Ordinance.
3. No yard or other open space provided about any build-
ing for the purpose of complying with the provisions
of this Ordinance shall be considered as providing
a yard or open space for a building on any other lot,
unless provided to the contrary by th &s regulation.
Section 1. APPLICATION. All of the incorporated area, present
and future, within the Town of Fraser shall be known as the "Fraser
Zoning Area" and the following regulations, restrictions, and pro-
visions shall apply thereto, except as hereinafter provided:
4. The regulations contained herein are not retro-
active and apply only to buildings and uses
established after the effective date of this
Ordinance.
5. All R -1, R -2, R -3, M -1, M -2, B, residence, mobile
homes used for residential purposes and business
shall be served by the Fraser Sanitation District
and the Town of Fraser municipal water system.
Section 2. R -1 RESIDENTIAL DISTRICT.
A. In the R -1 Residential District no building or land
shall be used and no building shall hereafter be erected, converted,
or structurally altered, unless otherwise provided for herein, except
for one or more of the following uses:
1. Single family dwellings;
2. Schools, churches, hospitals, and day care centers;
3. Parks, and playgrounds;
4. Garden buildings;
5. Public utility and public service facilities;
excluding business offices and excluding repair
and storage facilities; and
6. Accessory buildings and uses.
B. Minimum lot area for each yrincipal use:
1. On unsubdivided land Two (2) acres with a minimum
lot width of two hundred feet (200').
2. On subdivided lands served by both public water
and public sewer facilities, and on unsubdivided
land which is served by public water and sewer
facilities and abuts on one public street, six
thousand (6,000) square feet or three, times
the building area, whichever is greater, with a mini-
mum lot width of fifty feet (50').
C. Minimum yard:
1. Minimum front yard, twenty feet (20').
2. Minimum side yard, seven feet (7').
3. Minimum rear yard, ten feet (10').
D. Maximum and minimum building heights:
1. Maximum height of buildings, thirty feet (30').
2. Minimum height of buildings, eight feet (8').
E. Minimum area of building on ground floor, five hundred
(500) square feet.
3
Section 3. R-2 RESIDENTIAL DISTRICT.
A. In the R -2 Residential District, no building or land
shall be used and no building shall be hereafter erected, converted,
or structurally altered, unless otherwise provided for herein,
except for one or more of the following uses:
1. All uses prolzided for in the R -1 District;
2. Multi- family dwellings not to exceed four (4)
dwelling units within a building or on a single
parcel of land;
3. Accessory uses to residential uses;
4. Private schools, nurseries, and day schools.
follows:
B. Minimum lot area for each principal use shall be as
1. On unsubdivided land, two (2) acres with a mini-
mum lot width of two hundred feet (200').
2. On subdivided land, served by both public water
and public sewer facilities, and unsubdivided land
served by both public water and public sewer
facilities and abuting on at least one (1) public
street, six thousand (6,000) sgpare feet or three
(3) times the building area, whichever is greater,
with a minimum lot width of fifty feet (50').
C. Minimum yard:
1. Minimum front yard, twenty feet (20').
2. Minimum side yard, seven feet (7').
3. Minimum rear yard, ten feet (10').
Section 4. R -3 RESIDENTIAL DISTRICT.
D. Maximum and minimum building heights:
1. Maximum height of buildings, thirty feet (30').
2. Minimum height of buildings, eight feet (8').
E. Minimum area of building on ground floor, five hundred
(500) square feet.
A. In the R -3 Residential District, no building or land
shall be used and no building shall be hereafter erected, converted,
or structurally altered, unless otherwise provided for herein,
except for one or more of the following uses:
1. All uses provided for in the R -1 and R -2 Districts.
4
follows:
2. Multi- family dwelling units within a building or
on a single parcel of land;
3. Accessory uses to residential uses;
4. Private schools, nurseries, and day schools.
B. Minimum lot area for each principal use shall be as
1. On unsubdivided land, two (2) acres with a mini-
mum lot width of two hundred feet (200').
2. On subdivided land, served by both public water
and public sewer facilities, and unsubdivided land
served by both public water and public sewer
facilities and abuting on at least one (1) public
street, six thousand (6,000) square feet or three
(3) times the building area, whichever is greater,
with a minimum lot width of fifty feet (50').
C. Minimum yard:
1. Minimum from yard, twenty feet (20').
2. Minimum side yard, seven feet (7').
3. Minimum rear yard, ten feet (10').
D. Maximum and minimum building heights:
1. Maximum height of buildings, thirty feet (30').
2. Minimum height of buildings, eight feet (8').
E. Minimum area of building on ground floor, five hundred
(500) square feet.
Section 5. M -1 LOW DENSITY MOBILE HOME DISTRICT.
A. In the M -1 Low Density Mobile Home District no building
or land shall be used and no building shall be hereafter erected,
converted, or structurally altered, unless otherwise provided for
herein, except for one or more of the following uses:
1. All uses provided for in the R -1 Residential District
and the R -2 Residential District.
2. Mobile homes subject to the following provisions:
a. The mobile home is located on a base made of
Class C gravel or some other suitable base
material such as a concrete foundation or
basement adequate to provide sufficient support
5
to prevent shifting of the mobile home
after its location on the site.
b. The mobile home shall be skirted with
material matching the exterior of the mobile
home, within ninety (90) days of being placed
on any lot or parcel of land.
c. Adequate storage buildings shall be provided
to eliminate unsightly storage of personal
property.
B. The minimum lot area for each principal use shall be
as follows:
1. On unsubdivided land, two (2) acres, with a mini-
mum lot width of two hundred feet (200').
2. On subdivided land, served by both public water
and sewage facilities, and on unsubdivided land
served by both public water and sewage facilities
and abuting at least one public street, five
thousand (5,000) square feet or three (3) times
the mobile home area, whichever is greater, with
a minimum lot width of fifty feet (50').
C. Minimum yard:
1. Minimum front yard, twenty feet Z20').
2. Minimum side yard, five feet (5').
3. Minimum rear yard, ten feet (10').
D. Maximum and minimum height of structure:
1. Maximum height of structure, thirty feet (30').
2. Minimum height of structure, eight feet (8').
E. Minimum area of building on ground floor, six hundred
fifty (650) square feet.
Section 6. M -2 MEDIUM DENSITY MOBILE H D
A. In the M -2 Mobile Home District no building or land
shall be used and no building shall be hereafter erected, converted
or structurally altered, unless otherwise provided for herein, except
for one or more of the following uses:
1. All uses provided for in the R -1 Residential District
and the R -2 Residential District.
2. Mobile homes subject to the following provisions:
a. The mobile home is located on a base made
of Class C gravel or some other suitable
base material such as a foundation or base-
6
ment adequate to provide proper support
and prevent shifting of the mobile home
after location on the site.
b. The mobile home shall be skirted with
material matching the exterior of the
mobile home, within ninety (90) days
of beins placed on any lot or parcel
of land'.
c. Adequate storage buildings shall be pro-
vided to eliminate unsightly storage of
personal property.
3. Mobile home parks, unless in existence at the time
of the adoption of this Ordinance, subject to the
following additional provisions:
a. A complete engineering design of the pro-
posed mobile home park shall be submitted
and approved by the Board of Trustees of
the Town of Fraser.
b. Structures shall be separated from each
other by at least ten feet (10'), except
individual storage buildings.
c. All structures shall be located at least
fifteen feet (15') from any park area
boundary line.
d. In all parks accommodating or designed to
accommodate twenty -five (25) or more mobile
homes, there shall be one (1) or more
recreation areas per twenty five (25)•mobile
homes or fraction thereof, which shall be
easily accessible to the residents of the
twenty -five (25) mobile homes oi,,,_,fraction
thereof for whom it is intended.
e. All parks shall be furnished with adequate
lighting.
f. All streets shall be surfaced with a hard
and dense material which shall be at least
twenty -four feet (24') in width.
g-
j
All parks shall be provided with safe,
convenient, all- season pedestrian access
of adequate width for intended uses.
h. A public supply of water of satisfactory
quantity, quality and pressure shall be
provided for each mobile home.
i. An adequate and safe public sewage system
shall be provided in all mobile home parks
for conveying and disposing of all sewage.
Every park shall contain an electric wiring
7
system consisting of wires, fixtures,
equipment, and appurtenances which shall
be installed and maintained in accordance
with applicable codes and regulations
governing such systems.
k. For every ten (10) dependent mobile homes,
two (2) toilets for each sex and a service
sink shall be provided in a service build-
ing 4
1. All refuse shall be stored in approved con-
tainers, which shall be located not more
than one hundred fifty feet (150') from
each mobile home space. Containers shall
be provided in sufficient number and
capacity to properly store all refuse.
m. Grounds, buildings and structures shall be
maintained free of insect and rodent harbor-
age and infestation.
n. A piping system shall be installed and main-
tained in accordance with applicable code
and regulations governing such systems if
natural gas and /or liquified petroleum gas
is provided.
B. The minimum lot area for each principal use shall be
as follows:
1. On unsubdivided land, two (2) N acres, with a mini-
mum lot width of two hundred feet (200').
2. On subdivided land, served by both public water
and sewage facilities, and on unsubdivided land
served by both public water and sewage facilities
and abuting on at least one public street, two
thousand five hundred (2,500) square feet or
three (3) times the mobile home area, whichever
is greater, with a minimum lot width of fifty
feet (50')
C. Minimum yard:
1. Minimum frontyard, twenty feet (20').
2. Minimum side yard, five feet (5').
3. Minimum rear yard, ten feet (10').
D. Maximum and minimum height of structure:
1. Maximum height of structure, thirty feet (30').
2. Minimum height of structure, eight feet (8').
E. Minimum area of building on ground floor five hundred
(500) square feet.
Section 7. BUSINESS DISTRICT.
A. In the B- Business District, no building or land shall be
used and no building shall hereafter be erected, converted, or
structurally altered, unless otherwise provided for herein, except
for one or more of the following uses:
follows:
1. All uses provided for in the R -1 Residential Dis-
trict, and the R -2 Residential District.
2. Gasoline stations, provided all fuel storage tanks
are underground.
3. Any general business, commercial or wholesale,
activity, provided such use does not allow objec-
tionable or obnoxious amounts of noise, odor, dust,
vibration, or other similar causes to be dessiminated.
All noise,'6dor, dust, vibration, etc, to be
determined by Colorado Health and Welfare regulations.
4. All refuse shall be stored in approved containers,
which shall be located not more than one hundred
fifty feet (150') from each general business,
commercial or wholesale activity. Containers shall
be provided in sufficient number and capacity to
properly store all refuse.
B. Minimum lot area for each principal use shall be as
1. On unsubdivided land, two (2) acres for each princi-
pal use, with a minimum width of two hundred feet
(200').
2. On subdivided land, served by both public water and
sewage facilities, and unsubdivided land served by
both public water and sewage facilities and abuting
on at least one public street, five thousand (5,000)
square feet with a minimum width of fifty feet (50').
C. Minimum yard:
1. Minimum front yard, five feet (5').
2. Minimum side yard, seven feet (7') unless.the build-
ings are adjacent to each Other in such a manner as
to have a common wall in which case no minimum side
yard shall be required.
3. Minimum rear yard, ten feet (10').
D. Maximum and minimum height of buildings:
1. Maximum height of buildings, thirty feet (30').
2. Minimum height of buildings, eight feet (8').
E. Minimum floor space, five hundred (500) square feet
on each floor.
Section 8. USES NOT ITEMIZED.
A. Upon application or on its own initiative, the Board of
Trustees of the Town of Fraser, may, by Ordinance, add to the uses
listed for a zoning district, any other similar use after public
hearing and making the following special findings:
1. That such use is appropriate in the use group to
which it is being added.
2. Such use conforms to the basic characteristics
9
of the use group to which it is added.
3. Such use does not create any more offensive noise,
vibration, dust, heat, smoke, odor, glare or other
objectionable influence or more traffic hazards
than the minimum amount normally resulting from
the other uses listed in the use group to which it
is being added.
B. When any use has been added to any use group in accord-
ance with this sectiol, such use shall be deemed to be listed in
the appropriate zoning district, and shall be added thereto in
the published text of this Ordinance at the first convenient
opportunity.
Section 9. EXPOSED GROUND SURFACES.
A. Exposed ground surfaces in any zoning district, as set
forth above, shall be paved or covered with a stone screening or other
solid materials, or protected with a vegetated growth which is
capable of preventing soil erosion and eliminating objectionable
dust.
ARTICLE IV
Permitted Accessory Buildings and Uses
Section 1. DEFINITION. An "accessory building and use" is a sub-
ordinated use of a building or other structure or tract of land,
which:
1. Is clearly incidental to the usp of the principal
building, other structure or use of land;
2. Is customary in connection with the principal
building, other structure or use of land; and
3. Is ordinarily located in the same lot with.the
principal building or other "structure or use of
land.
Section 2. ACCESSORY BUILDINGS AND USES. Accessory buildings and
uses may include the following:
1. Home occupations;
2. Household pets;
3. Signs;
4. Off street parking areas;
5. Fences;
6. Storage of merchandise in the business district;
7. Storage and sale of crops, vegetables, plants and
flowers produced on the premises.
Section 3. HOME OCCUPATIONS. A home occupation shall be allowed as
a permitted accessory use, provided all the following conditions are
met:
1. Such use shall be carried on by the inhabitants
living on the premises and not others.
10
ARTICLE V
2. Such use shall be clearly incidental and secondary
to the use of the dwelling for dwelling purposes
and shall not change the character thereof.
3. There shall be no exterior advertising, other than
identification of the home occupation.
4. There shall be no offensive noise, vibration, smoke,
dust, odor, heat or glare noticeable at or beyond
the property line. To be determined by Colorado
Health and Welfare regulations.
Use Permitted by Special Review
Section 1. USE PERMITTED. Due to its unusual features, which, in
certain situations, could be injurious to the health, safety or
welfare of the inhabitants of Fraser, Colorado, the following use
shall be permitted in the M Districts only after receiving favorable
approval of the Board of Trustees of the Town of Fraser:
1. Overnight or short -term camping areas, subject to
the following additional provisions:
a. Same as a mobile home park, (i.e. Approval
of the Board of Trustees of Fraser, Colo-
rado of complete engineering plan.)
b. Such areas may be occupied only by persons
using tents, or self- contained camp trailers,
pickup campers, or recreational vehicles for
overnight or short duration camping not to
exceed four (4) weeks.
c. Each camping space shall be at least five
hundred (500) square feet, excluding roads
and parking area, with a minimum width of
twenty feet (20').
d. Each camping area shall be provided with a
central water supply and shall l%3ave one (1)
sewage disposal system.
e. Provisions shall be made for adequate all
weather walkways to each camping space.
f. Camping and parking spaces shall not be con
Structed in areas subject to flooding, unless
adequate precautions are made to prevent loss.
(i.e. Dikes to confine flood flow, fill to
above flow line or straighten and widen drain-
age system.)
g. No dependent mobile home, travel trailer, truck
camper or tent shall be located more than two
hundred feet (200') from a service building.
h. Such other terms and conditions as may be
reasonably required by the Board of Trustees
due to special circumstances necessitated by
the location of the proposed camping areas.
ARTICLE VI
Supplementary Regulations
Section 1. AREA OF LOT AND LOT WIDTH REGULATIONS. The following
additional regulations shall apply to each zoning district:
Section 2. YARD REGULATIONS. The following supplementary regulations
shall apply to all yards in the district:
Section 3. FLOOD CHANNELS. Buildings or other structures, except
flood control dam or irrigation structure, shall not be constructed
in areas subject to inundation, unless and until the plans for such
building or structure are first approved by the Board of Trustees
of the Town of Fraser, subject to the following special conditions:
1. Any building or structure which is approved shall
be located so as to offer minimum obstruction to
the flow of flood water and shall not cause lands
outside the natural flood channel to be flooded.
1. Where an individual lot was held in separate owner-
ship from adjoining properties or was platted in a
recorded subdivision prior to the effective date of
this Ordinari'te or any amendment thereto applicable
to such lot, such lot may be occupied according to
the permitted use provided for the district in which
said lot is located without regard to "minimum area
of lot and "minimum lot width" requirements other-
wise specified in this Ordinance. In subdivisions
platted or lots existing before the 9th day of January,
1974 the minimum side yard, rear yard, and front yard
requirements in all zoning districts shall be limited
to five feet (5') in order to allow a reasonable use
of lots which existed before the foregoing date.
2. No part of a lot area or width required of a lot
for purposes of complying with the provisions of
this Ordinance shall be included as a lot area or
width required for another lot. Minimum side yards
in subdivisions recorded before the 9th day of
January, 1974 may use side yards in adjacent lots
for purposes of providing the minimum five feet (5')
required above.
1. In any district where lots comprising fifty per
cent (50 or more of the frontage on one side
of a street between intersecting streets are
developed with buildings having an average,front
yard with a variation of not more than ten feet
(10'), the average front yard- of such buildings
shall be the minimum required.
2. Cornices, canopies, eaves, tongues and hitches
for mobile homes, or similar architectural
features may extend into a required yard not more
than three feet (3').
3. Fire escapes may extend into a required rear yard
not more than six feet (6').
4. No part of a yard required for a building for the
purpose of complying with the provisions of this
Ordinance shall be included as a yard for another
building, unless provided to the contrary by this
regulation.
2. No dwelling, building or structure, shall be built
within fifteen feet (15') of a river bank.
3. No schools, churches, or other places of public
assembly shall be permitted in a flood channel.
4. No storage of materials which could be moved by
flood waters shall be permitted within a flood
channel.
4
ARTICLE VII
Non conforming Uses and Non- conforming Buildings
Section 1. DEFINITION OF A NON CONFORMING USE AND A NON CONFORMING
BUILDING.
A. A "non- conforming Use" shall include any legally exist-
ing use, whether within any building or structure or on a tract of
land, which does not conform to the "use regulations" of this Ordi-
nance for the district "non-conforming ict in which said non conforming use is located,
either at the effective date of this Ordinance or as a result of
subsequent amendments which may incorporated incor orated into this Ordinance.
B. A "non- conforming building" shall include any legally
existing buildin g which does not conform to the "location and bulk
regulations" of this Ordinance for the district in which such "nqn-
conforming building" is located, either at the effective date of
this Ordinance or as a result of subsequent amendments which may
be incorporated into this Ordinance.
Section 2. CONTINUATION OF USE. A non- Fonforming use may be
continued and a non conforming building may continue to be occupied,
except as both of the foregoing are otherwise provided for in this
article.
Section 3. CHANGE OF USE. A non conforming use may be.changed to
any conforming use.
Section 4. ABANDONMENT OF USE. If active and continuous operations
are not carried on in a non conforming use during a continuous period
of nine (9) months, the building, other structure, or tract of land
where such non conforming use previously existed shall thereafter be
occupied and used only for a conforming use. Intent to resume active
operation shall not affect the foregoing.
Section 5. RESTORATION. A non conforming building or a building
containing a non conforming use which has been damaged by fire or
other causes may be restored to its original condition provided
actual reconstruction is started within six (6) months of such
calamity and completed within twelve (12) months of the time the
restoration is commenced, unless application and approval of an
extension is granted by the Board of Adjustment prior to the termi-
nation of the period provided for above.
Section 6. ENLARGEMENT OF A BUILDING CONTAINING A NON CONFORMING USE.
A building containing a non conforming use shall not be enlarged.
Section 7. ALTERATION OF A NON-CONFORMING BUILDING. A non- conform-
ing building may be structurally altered and repaired in any way
permitted by these regulations, provided no alterations or repairs
13
shall be made in a non conforming building which would increase
the degree of non conformity with the "location and bulk regula-
tions" of this Ordinance.
Section 8. MOBILE HOMES. A non conforming mobile home may be
occupied until it is removed from the location. Thereafter,
neither that nor any other mobile home shall be moved back into
the location and that location shall then and thereafter be used
only in conformance with the applicable zoning regulations, unless
a special permit is granted by the Board of Adjustment.
Section 9. REGISTRATION OF NON CONFORMING USES. A certificate
of occupancy may be applied for by all land and buildings that are
made non conforming by the passage of this Ordinance. Such
certificate shall be applied for and issued within one (1) year
after the effective date of the passage of this Ordinance.
ARTICLE VIII
Signs and Outdoor Advertising Devices
Section 1. APPLICATION. No signs or outdoor advertising devices
shall be hereafter erected, altered, or moved, unless such sign
or device shall conform with the following regulations:
1. Signs shall be set back from the right -of -way a
distance equal to the front yard requirement for
the zoning district in which they are located.
2. Signs in the R -1, R -2, R -3, M -1, and M -2 Districts
may include:
a. One (1) unlighted on -site identification
sign per occupied residential lot, provided
such sign does not exceed two (2) square
feet in area.
b. One (1) unlighted on -site "for..sale" or "for
rent" sign per lot, provided such sign does
not exceed six (6) square feet in area per
face. Hotels, motels, and lodging houses
shall be permitted to use lighte$' "vacancy"
and "no vacancy" signs provided the same
shall not exceed six (6) square feet in area.
c. One (1) indirectly illuminated identification
sign per public or semi public use, provided
sµch sign does not exceed ten (10) square feet
in area.
d. Signs in the B District may include:
i. One (1) illuminated free standing or pro-
jecting sign, but not both, per principal
use, provided such signs do not exceed a
total of fifty (50) square feet in area
per face.
ii. Not more than two (2) wall signs not
extending more than twelve inches (12 "P
from each principal building in any
direction and not exceeding fifty (50)
square feet in area.
3. The following signs are prohibited:
a. Signs which contain statements, words, or
pictures of an obscene, indecent, or immoral
character.
b. Signs which contain or are an imitation of an
official traffic sign or signal or contain the
words "Stop "Go Slow "Caution "Danger
"Warning or similar words.
c. Signs which are of the size, location, movement,
content, coloring, or manner of illumination
which mgki be confused with or construed as a
traffic control device or which hide from view
any traffic or street sign or signal.
d. Signs which advertise an activity, business,
product, or service no longer conducted or
offered on the property on which the sign is
located.
0. Signs which have a major moving part.
f. Signs which contain or consist of banners,
posters, pennants, ribbons, streamers, strings
of light bulbs, spinners, or other similar
moving devices.
g. Signs which may swing or otherwise noticeably
move as a result of wind pressures, because
of the manner of their suspension or attachment.
4. Illumination of all signs shall be in accordance with the
following standards:
a. The light from an illuminated sign shall be so
shaded, shielded or directed that the light
intensity or brightness shall not be objectionable
to surrounding areas.
b. No sign shall have blinking, flashing, or flutter-
ing lights or other illuminating devices which
have a changing light intensity rightness or
color. Beacon lights are express y prohibited.
c. No colored lights shall be used at any location
or in any manner so as to be confused with or
construed as a traffic control device.
d. Neither the direct, nor reflected light from
primary light sources shall create a traffic
hazard to operators of motor vehicles on public
thoroughfares.
Section 2. NON CONFORMING SIGNS. All signs in all districts that
are non- conforming at the time of the passage of this Ordinance may
be maintained and kept in a state of good repair, so long as such
signs are not relocated, replaced or structurally altered. If any
such signs are relocated, replaced or structurally altered, such
alteration, replacement, or relocation shall be made only so long
as all provisions of this article are complied with.
Section 3. OFF- STREET PARKING. For every building hereafter erected
or enlarged, off street parking spaces shall be provided for all
such newly erected buildings and for the enlarged portion of any
Motels, hotels, tourist courts,
rooming houses,
per rental unit
owner or manager's unit
high schools:
per classroom
per three hundred (300) square feet
of office
plus, as required for places of assembly.
existing building. Each space shall measure at least ten feet (10')
by twenty feet (20') and shall be provided with proper ingress and
egress. Areas included in driveways or otherwise required to move
cars in and out of parking spaces shall not be considered to meet
off street parking space requirements. Parking requirements shall
apply to all districts. Where more than one use is conducted on a
single lot, parking shall be required for each use, even though one
is accessory to the other. The following types of uses shall require
the following off street parking spaces for both principal and
accessory uses. Uses not listed shall require the same parking
spaces as the nearest similar use, or as may be determined by the
Board of Trustees:
USE NUMBER OF SPACES REQUIRED
Dwellings
Each Unit 1
1
1
Auditoriums, churches, stadiums, theaters,
or other places of assembly
with fixed seats, per eight (8) seats 1
without fixed seats, per one hundred
(100) square feet 1
Offices
per two hundred (200) square feet 1
Groceries, Restaurants, eating and drinlging
places
per two hundred (200) square feet 1
Retail sales establishments, including
dry goods, etc.
per two hundred (200) square feet of
area devoted to sales and display 1
Hospitals, nursing homes, sanitariums
per three beds 1
per staff 1
Schools: elementary, junior high
Per classroom 1
per three. hundred (300) square feet
of office 1
5
ARTICLE IX
Administration
Section 1. ENFORCEMENT. This Ordinance shall be enforced by the
Building Inspector of the Town of Fraser as appointed by the Board of
Trustees of the Town of Fraser, by the Board of Trustees of the
Town of Fraser, or by any resident or property owner of the Town
of Fraser. No oversight or dereliction on the part of the Building
Inspector or on the part of any official or employee of the Town of
Fraser shall legalize, authorize, or excuse the violation of any of
the provisions of this Ordinance.
t
ARTICLE X
Board of Zoning Adjustment
Section 1. CREATION. Pursuant to provisions of Section 139 -60 -7,
Colorado Revised Statutes, 1963, there is hereby created a Board
of Zoning Adjustment, which shall consist of five (5) members and
which shall be appointed by the Board of Trustees of the Town of
Fraser. Further reference to the Board of Zoning Adjustment may
hereafter be made as the "Board
Section 2. MEMBERSHIP. Within thirty (30) days after final passage
of this Ordinance, the Board of Trustees of the Town of Fraser shall
appoint a Board of Adjustment, the members of which shall be resi-
dent property owners of the Town of Fraser. The terms of office
of the members of the Board of Adjustment shall be three (3) years
each. Vacancies in said Board caused by death, resignation,
refusal to act or removal by the Board of Trustees of the Town of
Fraser, shall be filled by appointment of said Board of Trustees.
The Board of Trustees shall appoint the Chairman of the Board of
Adjustment. 4
Section 3. DUTIES OF THE BOARD OF ADJUSTMENT. The Board of Adjust-
ment shall have the following duties:
1. To meet at the call of the Chairman, or by. the request
of the Building Inspector, the Board of Trustees of
the Town of Fraser, or by any party wishing to appeal
the decision of the same, as provided by Statute.
2 To adopt any rules necessary to transact the Board
of Zoning Adjustment's business or to expedite its
functions or powers so long as they are not incon-
sistent with the provisions of this Ordinance or
the provisions of the applicable Colorado Statutes.
3. To vote upon the grantin0 of special permits provided
by this Ordinance or adjustments to requirements of
the Zoning Ordinance, which vote shall require the
concurrence of four (4) members of the Board in order
to reverse any order, requirements, decision or
determination of any administrative officer, such
as the Building Inspector, or the Board of Trustees
of the Town of Fraser, or to decide in favor of the
applicant in a matter upon which it is required to
pass under this Ordinance or to effect any variation
in this Ordinance.
4. To keep minutes of the proceedings of each meeting
which shall be filed in the office of the Board of
Adjustment who may designate the Building Inspector
to keep such files, and which shall be a public
record.
5. To permit the public to attend and be heard at all
of its meetings.
Section 4. JURISDICTION OF THE BOARD OF ADJUSTMENT.
A. Definition. The Board of Adjustment is hereby granted
jurisdiction over thA interpretation of this Ordinance and the grant-
ing of variances pursuant to the provisions of Sections 139 -60 -1
and 139 -60 -7, Colorado Revised Statutes, 1963, as amended.
B. Inter$retation. The Board of Zoning Adjustment shall
have the power to interpret this Ordinance, including any uncertain-
ty as to district boundary locations, or meaning of words, so long
as this interpretation is not contrary to the purpose and intent of
the Ordinance.
C. Variances. The Board of Zoning Adjustment shall have the
power to grant variances from the provisions of this Ordinance;
but only after consideration of the following provisions:
1. That satisfactory proof has been presented to the
Board showing that the present or proposed situation
of a requested building, structure, or use is
reasonably necessary for the convenience or welfare
of the public.
2. That the variance which is requested would not
authorize any use other than uges enumerated as
a use by right of the district.
3. That an unnecessary hardship to the owner would be
shown to occur if the provisions of the Ordinance
were literally followed.
4. That the circumstances found to constitute a hard-
ship either were not created by the owner, or were
in existence at the time of the passe of this
Ordinance, and cannot be reasonably corrected.
5. That the variance would not injure the value, use of,
or prevent the proper access of lighted air to the
adjacent properties.
6. That the variance would not be out of harmony with
the intent and purpose of this Ordinance.
Section 5. PROCEDURE.
A. The Board of Adjustment shall act in strict accordance
with all of the applicable laws of the State of Colorado, Grand
County, and the Town of Fraser.
B. The procedure shall be as follows:
1. All appeals to the Board shall be in writing.
2. Every appeal shall indicate what provisions of this
Ordinance are involved and what relief is being
18
19
sought by the applicant.
3. The applicant shall set forth the grounds upon which
an appeal is being sought.
4. The Chairman of the Board shall, within seven (7)
days after the filing of an appeal, call a meeting
of the Board for the purpose of reviewing the appeal.
5. The Chairman of the Board shall furnish a copy of
the application to the Board of Trustees of the
Town of Fraser for an opinion, which opinion shall
be returned to the Board before the date set for
hearing on the appeal.
6. The Board of Adjustment shall hold a public hearing
on all applications and appeals with the following
conditions required:
a. a 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.
b. a 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
property within one hundred feet (100') of
the property in question.
c. preparation of and payment of all notices
.shall be the responsibility of the applicant.
7. Before any variance is granted, the Board shall include
a written finding in its minutes as part of the record
in each case, stating specifically the exceptional
conditions, the practical difficulties or unnecessary
hardships involved.
8. Unless otherwise stated in the Board minutes, all
variance permits shall be issued within six (6)
months from the time such variance is granted by
the Board, after which time, if the variance permit
has not been obtained, it shall become null and void.
Section 6. APPEALS FROM THE BOARD OF ADJUSTMENT. Any further appeals
from the decision of the Board may be made to the court, as provided
by law, provided, however, that such appeal is made prior to sixty
(60) days following the date of the notification of the applicant
of the Board of Zoning Adjustment's decision.
ARTICLE XI
Amendments
Section 1. GENERAL PROCEDURE. Amendments to this Ordinance shall
be in accordance with the laws of the State of Colorado which require
the following action before adoption of any such amendments:
1. Study and recommendation regarding each proposed
amendment by the Board of Trustees of the Town of
Fraser.
2. Completion of a public hearing before the Board of
Trustees of the Town of Fraser after at least
thirty (30) days notice of the time and place of
such hearing shall have been given by at least one
publication in a newspaper of general circulation
within that part of the County where the proposed
amendment i located.
Section 2. SPECIAL PROCEDURE. After receiving a report and recom-
mendations on any proposed amendment to this Ordinance, as required
in Section 1. above, the Board of Trustees of the Town of Fraser
shall hold a public hearing on the proposed amendment with the follow-
ing special conditions required:
1. That notice of said hearing to be published in
a newspaper of general circulation within the
County shall be the responsibility of the
applicant.
2. For proposed amendments to the "Zoning District
Map the applicant shall mail a written notice
of said hearing by certified mail, return receipt
requested, at least fourteen (14) days prior to
the hearing date to owners of property within
two hundred feet (200') of the area in question.
3. Within thirty (30) days of the public hearing on
the requested rezoning, the Board of Trustees of
the Town of Fraser shall approve or disapprove the
rezoning request stating their reasons for such
action. If the Board of Trustees fails to act
within thirty (30) days, the requested rezoning
shall be assumed to have been granted.
ARTICLE XII
Violations and Penalties
Section 1. VIOLATIONS. The erection, constriction, enlargement,
conversion, moving or maintenance of any building or structure and
the use of any land or building which is continued, operated or
maintained, contrary to the provisions of this Ordinance is hereby
declared to be a violation of this Ordinance, and the City Attorney
shall immediately, acting in behalf of the Board of Trustees of
the Town of Fraser, institute injunction, abatement, or any other
appropriate action to prevent, enjoin, abate or remove such
violation. Such action may also be instituted by any property owner
who may be especially damaged by any violation of this Ordinance.
The remedy provided for herein shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law.
Section 2. PENALTIES. Any person or corporation, whether as princi-
pal, agent, employee, or otherwise who violates any of the provisions
of this Ordinance, shall be fined not exceeding One Hundred Dollars
($100.00) for each offense, such fine to incur to the Town of Fraser,
State of Colorado. Each day of the existence of any violation shall
be deemed a separate offense.
20
ARTICLE XIII
Definitions
Section 1. INTERPRETATION. For the purpose of this Ordinance,
certain words and phrases used herein shall be defined or inter-
preted as follows:
1. Words used in the present tense include the future;
4
2. Singular words include the plural;
3. The word "person" includes a corporation, associ-
ation, partnership, firm, or joint venture, as
well as an individual.
4. The word "lot" includes "plot" or "parcel
5. The term "shall" is mandatory;
6. "occupied" or "used" shall be construed to also
include "intended, arranged, or designed to be
used or occupied
Section 2. WORD DEFINITIONS.
1. Accessory Building or Structure. A building or
structure on the same lot with the building or
structure housing the principal use, but housing
a use customarily incidental and subordinate to
the principal use.
f
2. Accessory Use. A use customarily associated with,
but subordinate to the principal use on, the same
lot.
3. Building. Any structure including mobile homtes
built for the shelter or enclosure of persons,
animals, chattels, or property of any'kind, but
excluding advertising signs, boards or fences.
4. Building Height. The vertical distance as measured
from the average finished grade at the building set-
back line to the point lying one -half of the distance
between the lower: and the highest point on the roof.
5. Dependant Mobile Home. Any mobile home that does
not have a flush toilet and a bath or shower.
6. Dwelling. Any building or portion thereof which is
used as the private residence or sleeping place of
one or more human beings, but excluding hotels,
motels, tourits courts, boarding houses, lodging
houses, resort cabins, hospitals or similar uses.
7. Dwelling, One family. A detached building designed
exclusively for occupancy by one family.
8. Dwelling, Multi family. A building, or portion
thereof, designed for or occupied by two or more
families living independently of each other.
9. Dwelling Unit. One or more rooms in a dwelling
designed for occupancy by one family for living
purposes and having not more than one kitchen.
All dwelling units shall contain at least five
hundred (500) square feet of floor area measured
on the outside walls.
10. Family� One or more persons occupying a single
dwelling unit and maintaining a common household,
but not including boarding or rooming houses,
lodges, hotels, motels, tourist courts, or similar
uses.
11. Home Occupation. Any use customarily performed
within a dwelling by the inhabitants thereof, but
which is incidental to residence use. Such home
occupation use shall have no external evidence
except the sign as permitted herein and shall be
operated only by persons residing on the premises.
12. Hotel, motel, boarding or lodging house. A building
designed for occupancy as the more or less temporary
abiding place of individuals who are lodged with or
without meals, and in which there are six (6) or
more guest rooms.
13. Lot. A plot or parcel of real property, as shown
w th a separate and distinct number or letter on a
plat recorded in the Grand County Courthouse, or
when not so platted in a recorded subdivision, a
parcel of real property abutting upon at least one
public street and held under separate ownership.
14. Lot Area. The number of square included with-
in a lot, as measured within the boundaries of the
lot lines on a horizontal plane upon which the
boundaries have been vertically projected.
15. Lot Line, Front. The property line dividing a• lot
from a street. On a corner lot, only one street
line shall be considered a front line and the
shorter street frontage shall be considered the
front line.
16. Lot Line, Rear. The line opposite the front lot line.
17. Lot Line, Side. Any lot lines other than front lbt
lines or rear lot lines.
18. Lot Width. The distance parallel to the front lot
line measured between side lot lines at the front
yard set back line or the front of the building,
located on the lot.
19. Mobile home. Any dwelling unit designed to be moved
upon wheels, and designed to be affixed to an axle,'
which is a part thereof, whether such axle is in
place or has been removed. any such unit which is
permanently or semi permanently attached to a foun-
dation and connected to water and sewer mains, does
not lose its identify as a mobile home by reason
thereof. This classification includes trailers,
house trailers, trailer coaches, mobile homes.
20. Mobile Home Parks. Any parcel of land or lot used
or designed to accommodate two (2) or more mobile
homes, dependent mobile homes, travel trailers,
or truck campers.
21. Non conforming. Failing to meet all of the
requirements of this Ordinance.
22. Occupied. The word "occupied" includes arranged,
designed, built, altered, converted, rented, or
leased, or intended to be occupied.
23. Outdoor Advertising Device. A building or structure
either independent of or attached to another building
or structure and which is shaped, painted, or made
in such a way as to advertise a commodity, place or
service or to support a pasted, painted, or attached
advertisement for any commodity, place, or service.
24. Public Building or Use. Any building open to the
general use, participation or enjoyment of the
public and owned by the municipality, county, state
or federal government, or by a governmental sub-
division thereof, or by a public utility corporation.
25. Public Water and Public Sewage Facility. Those
facilities of a municipality or a sanitation district
approved by the Colorado State Health Department
which provides for the furnishing of water or the
processing of sewage.
26. Set -back. The distance required by this Ordinance
between the face of a building and the lot line
opposite that building face, mgasured perpendicularly
to the building. Where angled buildings or lots,
curved streets, etc. exist, the set -back shall be
taken'as an average distance.
27. Sign. Any structure, poster, banner, insignia,
billboard, trademark, or other device used to
indicate directions, advertise, announce or
attract attention; except that flags and banners
of any country, state, city or non profit organization
shall not be included.
28. Structural Alteration. Any addition or elimination
of parts of a building, including walls, columns,
beams, girders, foundations, doors and windows.
29. Structure. Anything constructed or erected upon the
grounds, except utility poles, flag poles or walls
and fences less than six feet (6') high.
30. Use. The purpose for which any land, structure or
Eilding is designed, maintained, or occupied.
31. Yard. The space surrounding a building or structure
that is unoccupied and open to the sky.
32. Yard, Front. A yard extending across the full width
of the lot between the front lot line and the nearest
line or point of the building, except in those cases
involving curved or angular lots, in which case the
average shall be used as provided for herein.
23
33. Yard, Rear. A yard extending across the full
width of the lot between the rear lot line and
the nearest line or point of the building.
34. Yard, Side. A yard extending from the front
yard to the rear yard between the side lot lines
and the nearest point or points of the building
or accessory building attached thereto.
35. Travel Trailer. Any vehicle or similar portable
structure designed without a foundation other than
wheels, jacks or skirts, and so designed of con-
structed as to permit occupancy for living or
sleeping purposes, provided that any such structure
over thirty three feet (33') in total length, includ-
ing hitch and bumper, shall be considered a mobile
home for purposes of this Ordinance.
36. Truck Camper. A portable structure designed primarily
to be transported on a truck or other similar vehicle,
and so designed or constructed as to permit occupancy
for living or sleeping purposes.
37. Recreation Area. An area of usable land at least
six thousand (6,000) square feet in area which is
planted in suitable vegetative growth and /or so
designed and maintained so as to provide recreation
facilities for children and adults.
ARTICLE XIV
Conflict with other ;Jaws
Section 1. INTERPRETATION. In their interpretation and application,
the provisions'of this Ordinance shall be held td be minimum require-
ments adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this Ordinance are at a
variance with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the more restrictive or that imposing
the higher standards shall govern.
Section 2. SEVERABILITY. Should any section;'clause, provision,
sentence or word of this Ordinance be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of this Ordinance as a whole, or any part thereof,
other than the part so declared to be invalid. The provisions of
this Ordinance are declared to be severable, the Board of Trustees
of the Town of,Fraser expressly declaring that it would have passed
this Ordinance and very word thereof irrespective of the fact
that any one or more words or provisions be declared invalid.
ARTICLE XV
Titles
Title of articles and sections, when and wherever the same may
appear throughout this Ordinance, are used for convenience only and
shall have no relevancy and /or effect upon the terms, provisions,
and conditions hereof or of the construction or interpretation of
the same.
24
ARTICLE XVI
Repeal
All Ordinances and parts of Ordinances previously adopted by the
Town of Fraser in conflict herewith are hereby repealed.
ARTI 'XVII
Effective Date
This Ordinance shall become effective thirty (30) days after
final passage by the Board of Trustees of the Town of Fraser and
publication.
INTRODUCED, READ, AND ACCEPTED FOR CONSIDERATION AND PUBLIC HEARING
BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER THIS 7th DAY OF
August 19 74 PUBLIC HEARING ORDERED PUBLISHED AND
SCHEDULED FOR THE 24th DAY OF September' 19 74 AT 8 :00
O'CLOCK P. M. AT THE Town of Fraser Fire Abuse
ATTEST:
Town Clerk
S E A L
PASSED, ADOPTED AND ORDERED PUBLISHED AFTER PUBLIC HEARING THIS
24th DAY OF September 19 '74 BY THE BOARD OF TRUSTEES
OF THE TOWN OF FRASER.
25
BY: ci_teVc
R ichard Leonard, Mayor
Orb
Published in the Sky -Hi News on the 4th day of October 1974
Approved by the Fraser Planning and Zoning Commission this 7th
day of August 19 74
airman
RESOLUTION NO. 1980 -8 -1
TOWN OF FRASER PLANNING C0MMISSION
A RESOLUTION CERTIFYING TO THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER AN ADDENDUM TO THE TOWN OF FRASER ZONING ORDINANCE
NO. 53 AS AMENDED BY ORDIIJANCES NOS. 69, 72, and 82 AS AMENDED
AND READOPTED JULY 2, 1980 BY ORDINANCE NO. 85 OF THE BOARD
OF TRUSTEES OF THE TOWN OF FRASER.
WHEREAS, the Town of Fraser Planning Commission has
rev ed the Town of Fraser Zoning Ordinances and has deemed
it necessary for the protection of the health, safety and
welfare of the current and future inhabitants of the Town of
Fraser said Ordinances be supplemented by the addition of an
addendum thereto;
AND WHEREAS, this Commission has carefully reviewed the
proposed addendum, the purpose for which it is intended and the
needs of the present and future inhabitants of the Town of Fraser;
AND WHEREAS, said addendum is set forth as the attached
Exhibit "1" to this Resolution and which by this reference is
fully incorporated herein and made part hereof;
NOW, THEREFORE, E, BE IT R BOLV BY 211, TOWN OF FRASER
PLANNING COM 4I�sION As FOLLOv }S:
DULY I•MOVED AND ADOPTED =Y TH TOWN OF FRAMER PLANNING
COMMISSION THIS Vo DAY OF AUGUST, 1980.
ATTEST:
a4f.
BY: cl4tt11,/ bt=CIU WeR 7V
CHAIRI'IAN
1. That the proposed addendum attached hereto as
Exhibit "1" which by this reference is fully incorporated herein
is approved and certified to the Board of Trustees of the Town
of Fraser, Colorado for public hearing and adoption. Said addendum
is to be incorporated into L.nd made part of the Town of Fraser
Zoning Ordinances as previously adopted by the Board of Trustees of
the Town of Fraser, Colorado.
TOWN O P FRASER PLANNING COMIMMIS :.10N
3.0"m77
orginial
wording
Amend Orginal
Wording To:
TOWN OF FRASER
ZONING ORDINANCE
NO. 53
amendment)
EXHIBIT 1 to
RESOLUTION 1980 -8 -1
ARTICLE V111: SIGNS AND OUTDOOR Ai)VZRTIZING DEVICES
Section 3. OFF- STREET PARKING
USE NUMBER OF SPACES
REQUIRED
Dwelling
Each Unit 1
Dwellings (owner occupied or rented)
single or multi family; two (2)
bedrooms or less; spaces per
unit 1.5
single or multi- family; three
(3) bedrooms or more; spaces
per unit 2.0
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Board of Trustees of the
Town of Fraser will hold a public hearing at 8:00 o'clock P.M. on
November 5, 1980 in the Town Hall, 200 Eisenhower Drive, Fraser, Colo-
rado, to consider the following amendments to the Town of Fraser Zoning
Ordinance, Ordinance No. 53 as amended by Ordinances NO. 69, 72, 82,
and 85:
1. That Article VIII of Ordinance No. 53 entitled "Signs
and Outdoor Advertising Devices Section 3. entitled "Off- Street
Parking and the table contained therein, as said table relates to
dwellings shall be amended to read as follows:
USE NUMBER OF SPACES REQUIRED
Dwellings (Owner Occupied or rented)
Single or multi family; 2 bedrooms
or less Spaces per unit
Single or multi family; 3 bedrooms
or more Spaces per unit 2.0
All other provisions contained in said Section 3. shall remain as
originally adopted.
All interested persons are invited to attend and be heard.
DATED THIS 3rd day of September 1980.
TOWN OF FRASER
Town C11erk
1.5
mea, cad.
Published in the Sky -Hi News the 2nd day of October 1980.