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HomeMy Public PortalAbout6a Ordinance 444 zoning amendments 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 - 2 - underlined print; deletions are shown as strikethrough 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 16-6-60 16-6-80 of this Chapter: (1) Accessory dwelling units as specified in Section 16-6-30 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. - 3 - Sec. 16-4-300. - Placement of structures. All residential structures shall have a minimum front yard of twenty (20) feet, a minimum side yard of seven (7) five (5) feet and a minimum rear yard of ten (10) feet, except that mixed-use structures may have a zero (0) side yard setback. 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 to Code Section 16-6-60 with respect the fee for a conditional use permit and substituting Code Section 16-6-80 as the applicable reference. 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. - 4 - Votes in favor: ____ BOARD OF TRUSTEES OF THE Votes opposed: ____ TOWN OF FRASER, COLORADO Votes abstained: ____ BY: _______________________________ Philip Vandernail, Mayor ATTEST: ( S E A L ) ________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on ______________.