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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; ss. ertilut -s 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 .a 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.