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
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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.
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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.
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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 ______________.