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HomeMy Public PortalAboutOrdinance NO. 444 Amending Fraser Municipal Code and Zoning Regulations TOWN OF FRASER ORDINANCE NO. 444 Series 2017 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE AND ZONING REGULATIONS TO ALLOW SMALLER LOT SIZES AND REDUCED DIMENSIONAL STANDARDS AS A CONDITIONAL USE IN CERTAIN ZONING DISTRICTS, TO REVISE AND RESTRUCTURE THE PROVISIONS RELATING TO ACCESSORY AND CONDITIONAL USES, TO INCLUDE WASTEWATER TREATMENT FACILITIES AS A PROHIBITED USE IN ALL ZONING DISTRICTS, AND MAKING OTHER CONFORMING AMENDMENTS TO THE MUNICIPAL CODE. WHEREAS, pursuant to Colorado Revised Statutes, Title 31 , Article 23, Part 3, the Board of Trustees of the Town of Fraser is authorized to adopt and amend zoning regulations applicable within the Town; and WHEREAS, the following amendments to the Fraser zoning regulations were duly referred to the Fraser Planning Commission which favorably recommended the amendments to the Board of Trustees; WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing properly published as required by the Fraser Municipal Code and Section 31-23-304, Colorado Revised Statutes, as amended; and WHEREAS, the Board of Trustees finds and determines that the proposed amendments are in the best interests of the public health, safety and general welfare of the citizens, residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and state statutes have been met with respect to the adoption of said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1 : ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF TOWN CODE. 1 .1 Chapter 16 (Zoning), Article 6 (Permitted Accessory Buildings and Uses and Conditional Uses), of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended in its entirety by the adoption of the amended regulations set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1 .2 The following Sections and the fee schedule in Appendix A of the Municipal Code are hereby amended to read as follows [Note: additions are shown in bold underlined print; deletions are shown as print; the notation "No Change" indicates that the referenced provisions are not modified]: Sec. 16-3-110. - R-1 - Low Density Residence District. (a) In the R-1 - Low Density Residence 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 (1) of the following permitted uses, along with accessory building uses: (1) - (4) [No Change] (5) Public utility and public service facilities; excluding business offices, and excluding repair and storage facilities, and excluding mechanical, domestic or industrial wastewater treatment facilities. (6) [No Change] (b) The following uses may be approved as conditional uses subject to the procedures outlined in Section 0 16-6-80 of this Chapter: (1) Accessory dwelling units as specified in Section 0 16-6-60 of this Chapter. (2) [No Change] (c) - (f) [No Change] Sec. 16-3-190. - ZLL - Zero Lot Line District. (a) In the ZLL - Zero Lot Line 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 (1) or more of the following uses: (1) - (5) [No Change] (6) Public utilities and public service facilities; excluding business offices, and excluding repair and storage facilities, and excluding mechanical, domestic or industrial wastewater treatment facilities. (7) [No Change] (b) - (e) [No Change] Sec. 16-4-120. - Prohibited uses. It is the policy of the Town to prohibit uses within the Business District, and within any mixed use, accommodation, lodging and commercial zoned planning areas in all PD Districts that, due to the nature of their operation, have been determined to be incompatible with existing uses in the Districts. Uses prohibited are the following: (1) - (6) [No Change] (7) Mechanical, domestic or industrial wastewater treatment facilities. Sec. 16-4-300. - Placement of structures. (a) All residential structures shall have a minimum front yard of twenty (20) feet, a minimum side yard of five (5) feet and a minimum rear yard of ten (10) feet. - 2 - (b) In an effort to provide development flexibility, all commercial and mixed use structures may be constructed with zero lot line setbacks; however compliance with all other applicable rules and regulations must be adhered to. 1.3 Chapter 16 (Zoning), Article 4 (Business District), Division 4 (Special Review Uses), Sec. 16-4-410 through 16-4-480, is hereby deleted in its entirety. 1.4 The fee schedule in Appendix A of the Municipal Code is hereby amended by deleting the reference in Code Section 16-6-60 with respect to the fee for a conditional use permit and substituting Code Section 16-6-80 as the applicable reference. See below: Code Section Fee/Charge Amount 16 6 60 16-6-80 Conditional Use Permit $400 PART 2: PENALTY CLAUSES. The following section of the Fraser Municipal Code contains penalty clauses applicable to violations of the above provisions, and such section, although not amended, is herewith set forth in full: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS ? day of ( ) , 2017. - 3 - Votes in favor: (.p BOARD OF TRUSTEES OF THE Votes opposed: Q TOWN OF FRASER, COLORADO Votes abstained: I BY: �O�N OF F�s� Phi ip Vandernail, Mayor 'P SEAL ATTEST: �___ ( S L ) ( ,.�,�.,4,,''� Antoinette McVeigh, Town CIe cotoRAOo Published in the Middle Park Times on 3,2 py,�ol1 . - 4 - EXHIBIT "A"TO ORDINANCE NO. 444 ARTICLE 6-Permitted Accessory Buildings and Uses and Conditional Uses Sec. 16-6-10. -Definition. An accessory building and use is a subordinated use of a building or other structure or tract of land which: (1) Is clearly incidental to the use 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. Sec. 16-6-20. -Accessory buildings and uses. Permitted accessory buildings and uses may include the following: (1) Home occupations, as specified in Section 16-6-30 below. (2) Household pets; (3) Signs; (4) Off-street parking areas; (5) Fences; (6) Storage and sale of crops, vegetables, plants and flowers produced on the premises; (7) Recreation centers and areas, swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted accommodation uses in the A District; (8) Reservation and business offices and counters essential to the operation of permitted accommodation uses in the A District; (9) Bed and breakfast operations of no more than five (5) rental rooms, as specified in Section 16- 6-40 below. Sec. 16-6-30. -Home occupations. A home occupation shall be allowed as a permitted accessory use, provided that all the following conditions are met: (1) Such use shall be carried on by the inhabitants living on the premises and not others. (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) Exterior advertising for the business shall comply with Article 10 of this Chapter. (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 the Colorado Health and Welfare Regulations. Sec. 16-6-40. -Bed and breakfast. A bed and breakfast shall be allowed as a permitted accessory use, provided that all the following conditions are met: (1) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. (2) Exterior advertising for the business shall comply with Article 10 of this Chapter. Page 1 (3) The structure shall contain no more than seven (7) bedrooms of which only five (5) bedrooms can be for rent in any bed and breakfast. (4) An owner or manager responsible for the day-to-day operation of the establishment must reside within the bed and breakfast establishment or in a structure adjacent to and on the same property as the bed and breakfast structure. (5) All parking for guests and employees must be off-street type parking in a maintained parking area. Said area shall be hard surface of gravel, concrete or asphalt, shall be kept free of snow and shall in some manner delineate the parking spaces. One (1) additional parking space per rental room is required in addition to any parking required for the principal use. (6) Operators of said establishment shall avoid any illegal, unreasonably dangerous or harmful practices or conditions which are detrimental to the safety of those staying in said establishment. (7) Said establishment shall comply with all regulations and ordinances of the Town, including but not limited to Chapter 6, Article 1 of this Code and all laws and regulations of the State. If complaints are lodged against the establishment for noise or other impacts to the neighborhood, the Board of Trustees reserves the right to review such complaints and to take whatever action is deemed necessary, including but not limited to the revocation of the business license of the bed and breakfast, in order to eliminate the impact to the neighborhood. (8) Said establishment shall provide for adequate trash removal and shall screen trash removal receptacles from public view. Sec. 16-6-50. -Conditional uses. Conditional uses may include the following, if approved in accordance with the procedures in Section 16-6-80: (1) Accessory dwelling units, if approved as a conditional use in the R-1, R-2, R-3, R-4, M-1, M-2 or B District as provided in Section 16-6-60 below. (2) Smaller lot size and width, and reduced dimensional standards for setbacks and minimum area of a building on the ground floor, if approved as a conditional use in the R-1, R-2, R-3, M-1, M-2 or B District as provided in Section 16-6-70 below. (3) Conditional uses in the A-Accommodations District, as provided in Section 16-3-180(c) of this Code. Sec. 16-6-60. -Accessory dwelling units. Accessory dwelling units may be approved as conditional uses in the R-1, R-2, R-3 and R-4, M-1, M- 2 or B Districts, in accordance with the procedures provided in Section 16-6-80 of this Chapter, provided that each proposed use complies with the following criteria: (1) The size of the accessory dwelling unit shall be subject to the following limitations: a. The unit shall contain at least two hundred (200) square feet of habitable floor area; b. The unit shall be no larger than fifty percent (50%) of the square footage of the principal dwelling unit or twelve hundred (1,200) square feet of habitable floor area, whichever is less; however, an accessory dwelling unit may have up to one hundred twenty (120) additional square feet of attached, unheated, uninhabitable outside storage. c. An accessory dwelling unit may be attached to a principal dwelling unit, located in a detached unit or located in an attached or detached garage. d. No accessory dwelling unit shall be separated by ownership from the principal dwelling unit. Page 2 e. The Board of Trustees may approve an increase in the size of an accessory dwelling unit if the dwelling unit is located over a detached garage and if the Board of Trustees makes a finding that the size limitations of Subparagraph b. above constitute an unnecessary hardship. (2) The accessory dwelling unit shall be attached to either the principal dwelling unit or to an accessory detached garage structure; (3) The accessory dwelling unit shall contain, at a minimum, the following: a. A kitchen. b. A bathroom. c. A separate and independent entry. The Board of Trustees may approve an interior entry through the procedures provided in Section 16-6-80 below. (4) The accessory dwelling unit shall have direct access to utilities and utility shutoffs and controls for the unit as required by local and state building and electrical codes. (5) The accessory dwelling unit shall have provisions for parking in accordance with the minimum parking requirements as established by this Chapter. (6) The accessory dwelling unit shall include firewall provisions as required by the local building codes. Sec. 16-6-70. -Smaller lot size and width, and reduced dimensional standards for setbacks and minimum area of a building on the ground floor. Smaller lot size and width, and reduced dimensional standards for setbacks and minimum area of a building on the ground floor may be approved as conditional uses in the R-1, R-2, R-3 and R-4, M-1, M-2 or B Districts, in accordance with the procedures provided in Section 16-6-80 of this Chapter, provided that each proposed use complies with the following criteria: (1) The minimum lot area may be reduced to two thousand, five hundred (2500) square feet, with a minimum lot width of twenty (20)feet. (2) The minimum side yard may be reduced to five(5)feet. (3) The minimum area of a building on the ground floor may be reduced to two hundred (200) square feet. (4) No accessory dwelling unit shall be allowed on the same lot. (5) In addition to the procedures provided in Section 16-6-80 of this Chapter, written notice of the Planning Commission 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 two hundred (200) feet of the property in question. Sec. 16-6-80. - Requirements for conditional uses. Conditional uses are those uses which are allowed in those districts where so authorized by the district regulations only when and if a conditional use permit is granted therefor in accordance with the procedures and requirements of this Article. (1) Purpose. Because of their special or unusual characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed herein is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. (2) All business and commercial use shall adhere to the development permit process in Article 4, Division 2 of this Chapter. Where standards may conflict, the more restrictive shall apply. Page 3 (3) Application and required information. Application for a conditional use permit shall be to the Town Clerk. The application shall be supported by documents, maps, plans and other material containing the following information: a. Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner. b. Legal description, street address and other identifying data concerning the site. c. A description of the precise nature of the proposed use and its operating characteristics, and other measures proposed to make the use compatible with other properties in the vicinity. d. A site plan showing proposed development of the site, including topography, building sizes, dimensions and locations, parking, traffic circulation, open space, landscaped area and utilities and drainage features. e. Calculation of the ten-percent allowed usage with regard to the gross lot area and gross floor area of the development pursuant to Sec. 16-3-180(c), if applicable. f. Such material as the Planning Commission may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit. (4) Conditional use permit fee. A conditional use permit fee, in such amount as is established from time to time by ordinance or resolution adopted by the Board of Trustees, and as set forth in Appendix A to this Code, shall be paid at the time of application and shall not be refundable. (5) Procedure. Upon receipt of a properly completed application for a conditional use permit, the Town Clerk shall set a date for a public hearing on the application before the Planning Commission. At least fourteen (14) days prior to the public hearing, the Town Clerk shall cause public notice to be made of the conditional use hearing in the legal newspaper of the Town. (6) Planning Commission recommendation and Board of Trustees action. a. The Planning Commission may recommend approval of the conditional use application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Chapter, or the Planning Commission may recommend denial. The recommendation of the Planning Commission shall be promptly forwarded to the Board of Trustees. The Board of Trustees may approve, approve with conditions or deny the application. A conditional use permit may be revocable, may be granted for a limited time period and may be granted subject to other conditions as the Planning Commission and/or Board of Trustees may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, on- street dedication and improvement, regulation of vehicular access and parking, signs, illumination, hours and methods of operation, control for maintenance of buildings and grounds and prescription of development schedules. b. A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be processed in accordance with the procedures prescribed in Article 10 of this Chapter. c. Before taking action on a conditional use permit, the Planning Commission and Board of Trustees shall consider the following factors in regard to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities and public facilities needs. Page 4 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses and neighborhoods. 5. Such other factors and criteria as the Planning Commission deems applicable to the proposed use. Page 5