HomeMy Public PortalAboutOrdinance NO. 452 Repealilng CH 16,16, 17 & Art. 4 of CH.18 of the Code and reenacting the same with Amendments as Ch 19, Concerning Land Use TOWN OF FRASER
ORDINANCE NO. 452
SERIES 2018
AN ORDINANCE REPEALING CHAPTERS 15, 16 AND 17 AND ARTICLE 4 OF CHAPTER
18 OF THE FRASER MUNICIPAL CODE AND REENACTING THE SAME WITH
AMENDMENTS AS CHAPTER 19, CONCERNING LAND USE
WHEREAS, the Town of Fraser is a Colorado municipal corporation governed by its Mayor
and Board of Trustees; and
WHEREAS, the Board of Trustees is authorized by C.R.S. § 31-23-101 et seq. to adopt
and enforce regulations for the preservation of the public health, safety and welfare, including
regulations governing the zoning, subdivision and development of land; and
WHEREAS, the Board is also authorized to adopt this ordinance pursuant to state law,
including but not limited to C.R.S. § 24-67-101 et seq. and 31-16-101 et seq.; and
WHEREAS, in the exercise of this authority, the Board of Trustees previously adopted
Chapters 15, 16 and 17 and Article 4 of Chapter 18 of the Municipal Code, which included
requirements for land development within the Town; and
WHEREAS, the Board desires to repeal Chapters 15, 16 and 17 and Article 4 of Chapter
18 of the Municipal Code and to reenact the same with amendments as Chapter 19; and
WHEREAS, the Fraser Planning Commission, after notice and hearing, has
recommended the Board of Trustees adopt the amendments set forth in this ordinance; and
WHEREAS, the Board has provided proper notice of and conducted a public hearing on
this ordinance on February 28 and March 21, 2018.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO:
Section 1. Repeal and Reenactment. Chapters 15, 16 and 17 and Article 4 of Chapter
18 of the Fraser Municipal Code are hereby repealed and reenacted, with amendments, as a new
Chapter 19, in the form attached hereto as Exhibit A and fully incorporated herein by reference,
together with such additional technical revisions and corrections, including corrections for format,
numbering, and internal consistency, as the Town Administrator and Town Attorney deem
necessary.
Section 2. Publication and Codification. The Board of Trustees hereby authorizes and
directs that the new Chapter 19 of the Fraser Municipal Code adopted hereby be codificed in the
same manner as other ordiannces amending said Code, and that Article 3 thereof, entitled
"Subdivisions" shall also be made available in pamphlet form for public copying and purchase.
Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this
Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees
hereby declares that it would have adopted this Ordinance and each part or parts hereof
irrespective if any one part or parts hereof be unconstitutional or invalid.
Section 4. Repeal of inconsistent ordinances. All other ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof, are hereby repealed to the
extent of such inconsistency or conflict.
Section 5. Effective Date. This Ordinance shall take effect upon the effective date of
Ordinance No. 453, Series 2018, but in no event earlier than thirty (30) days after passage,
adoption and publication by title only of this Ordinance, as provided by law.
READ, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of March, 2018.
TOWN OF F-ASER, COLORADO
Oso OF Fittis�
SEAL Philip Vandernail, Mayor
cOCORA00
ATTEST:
CliLAtcr rnC
Antoinette McVeigh, Town Clerk
Published in the Middle Park Times on April 5, 2018.
2
ADOPTED MARCH 2018
TOWN OF FRASER
Land Development Code
CHAPTER 19
Town of Fraser Land Development Code
ARTICLE 1 GENERAL PROVISIONS
ARTICLE 2 ZONING
ARTICLE 3 SUBDIVISION
ARTICLE 4 DEVELOPMENT STANDARDS
ARTICLE 5 FLOOD DAMAGE PREVENTION
ARTICLE 6 SIGNS
APPENDIX 1 LAND USE APPLICATION AND SUBMITTAL CHECKLISTS
APPENDIX 2 APPLICATION FEES
APPENDIX 3 SUBDIVISION IMPROVEMENTS AGREEMENT
APPENDIX 4 CONSTRUCTION GUARANTEE AGREEMENT
ARTICLE 1 - GENERAL PROVISIONS
Division 1 Purpose and Applicability
19-1-110 Title
19-1-120 Authority
19-1-130 Applicability
19-1-140 Purpose
19-1-150 Interpretation
19-1-160 Word usage
19-1-170 Application to developments in progress
19-1-180 Enforcement
19-1-190 Amendment
Division 2 Review Procedures
19-1-205 Compliance
19-1-210 Review process
19-1-215 Public notice requirements
19-1-220 Preapplication conference
19-1-225 Application for land use approval
19-1-230 Determination of completeness
19-1-235 Application referral
19-1-240 Review and record of decision
19-1-245 Duration of approval
19-1-250 Vested property rights
19-1-255 Fees
Division 3 Board of Adjustment
19-1-310 Jurisdiction
19-1-320 Appeals
19-1-330 Variances
19-1-340 Board of Adjustment procedure
19-1-350 Administrative variances
Division 4 Definitions
19-1-410 Words and terms
Page 1
ARTICLE 1 – General Provisions
Division 1 – Purpose and Applicability
Sec. 19-1-110. – Title.
This Chapter shall be known and may be cited and referred to as “Fraser Land Development Code,”
or “this Chapter,” or “these regulations.”
Sec. 19-1-120. – Authority.
(a) This Chapter is authorized by CRS §§ 31-15-101, et seq., 31-16-101, et seq., 31-23-101, et seq.,
and 29-20-101, et seq.
(b) Pursuant to the authority contained in Sections 29-20-101, et seq., 31-23-101, et seq., and 24-67-
101, et seq., C.R.S., the Planning Commission and Board of Trustees are vested with the power and
authority to adopt and amend subdivision regulations.
(c) Pursuant to Section 31-23-227, C.R.S., the Board of Trustees assumes and reserves to itself the
final authority over all acts, powers and duties assigned to a municipal planning commission under
Part 2 of Article 23, Title 31, C.R.S
(1) Without limiting the generality of the forgoing, and notwithstanding anything to the contrary
contained in this Chapter, the Board of Trustees reserves the final authority:
a. To adopt and amend subdivision regulations;
b. To authorize and accept public streets, parks and other public ways, grounds or open
space, public buildings and structures and public or privately owned public utilities; and
c. To approve or disapprove subdivision plats.
(2) As provided in these regulations, the Planning Commission is delegated with the authority to
review and make recommendations to the Board of Trustees regarding such matters, but such
recommendation shall not be binding on the Board of Trustees.
Sec. 19-1-130. – Applicability.
This Chapter shall apply to all land and all land uses, changes of land use, and development within
the municipal boundaries of the Town of Fraser, Colorado (the “Town”). These regulations shall not be
construed as abating any action now pending under or, by virtue of prior existing regulations, as
discontinuing, abating, modifying or altering any penalty accruing or about to accrue, as affecting the
liability of any person, firm or corporation, as waiving any right of the Town under any Section or provision
existing at the time of adoption of these regulations.
Sec. 19-1-140. – Purpose.
This Chapter is adopted to implement the recommendations of the Comprehensive Plan and other
long range policy planning documents of the Town, and shall be for the purpose of:
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(1) Promoting the health, safety, morals, convenience, order, prosperity and welfare of the present
and future inhabitants of the Town, by lessening congestion in the streets and roads;
(2) Guiding future growth and development of the Town in accordance with the Comprehensive
Plan;
(3) Protecting the character, social and economic stability of all parts of the Town and encouraging
orderly and strategic development through appropriate growth management techniques;
(4) Preventing air, water and light pollution and encouraging the wise use and management of
natural resources throughout the Town;
(5) Preserving natural beauty and protecting environmentally critical areas throughou t the Town
and ensuring appropriate development with regard to these natural features;
(6) Increasing safety from fire and other danger;
(7) Providing adequate light and air;
(8) Classifying land uses and development;
(9) Protecting the tax base;
(10) Securing economy in governmental expenditures;
(11) Fostering and encouraging business and industry; and
(12) Protecting urban and nonurban development.
Sec. 19-1-150. – Interpretation.
This Chapter is divided into separate Articles to address different aspects of these regulations. The
headings of Sections are for convenience only and are not intended to be used to interpret or give effect
to any of the provisions of these regulations.
(1) In their interpretation and application, the provisions of these regulations shall be held to be the
minimum requirements for the promotion of public health, safety and welfare.
(2) Conflict with public and private provisions.
a. Public provisions. These regulations are not intended to interfere with, abrogate or annul
any other ordinance, rule, regulation, statute or other provision of law except as provided in
these regulations. Where any provision of these regulations imposes restrictions different
from those imposed by any other provision of these regulations or any other ordinance,
rule, regulation, statute or other provision of law, the provision which is more restrictive or
imposes higher standards shall govern.
b. Private provisions. These regulations are not intended to abrogate any private easement,
covenant, agreement or restriction. It is not the intent of these regulations, and it may not
be implied or inferred, that the Town will enforce any private easement, covenant,
agreement or restriction, such provisions being a function of the right of individual property
owners to further or separately restrict the use of their property as one (1) of the rights
attendant upon property ownership. These regulations shall not be interpreted to either
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enhance or diminish such private restrictions, and the existence of such private restrictions
shall not affect the application or enforceability of these regulations.
(3) Severability. If any part, provision or application of these regulations to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be
confined in its operation to the part, provision or application directly involved in the controversy in
which the judgment shall be rendered and shall not affect or impair the validity of the remainder
of these regulations or the application of them to other persons or circumstances. The Town
declares that it would have enacted the remainder of these regulations even without any such
part, provision or application which is judged invalid.
Sec. 19-1-160. – Word usage.
Words and phrases used herein shall be defined or interpreted as follows:
(1) Words used in the present tense include the future;
(2) Singular words include the plural;
(3) Reference to the male or female gender includes both genders.
(4) The particular controls the general;
(5) The word person includes a corporation, association, partnership, firm or joint venture, as well
as an individual.
(6) The word lot includes plot or parcel;
(7) The word shall is mandatory;
(8) The word may is permissive; and
(9) The term occupied or used shall be construed to also include intended, arranged or designed to
be used or occupied.
Sec. 19-1-170. – Application to developments in progress.
(a) This Chapter is adopted by Ordinance No. 452 and is effective on May 5, 2018.
(b) All land use, changes in land use, and development applications initiated on and after May 5, 2018,
shall be reviewed pursuant to the review process and standards set forth in this Chapter, as adopted
by Ordinance No. 452, and effective on that date. All land use applications submitted for review
prior to May 5, 2018 shall be reviewed pursuant to the process and under the criteria set forth in
applicable portions of Chapters 15, 16 and 17 which were in force prior to that date. Such prior
regulations are continued in force and effect for that limited purpose only. Upon approval or denial of
all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any
resubmission of an application after its rejection or any development applicat ion filed after the
effective date of these regulations be reviewed under any such prior regulations.
Sec. 19-1-180. – Enforcement.
(a) After any land use approval and prior to construction, the applicant shall be responsible for obtaining
all necessary permits and any other approvals. In addition, it shall be unlawful for anyone to occupy
a new development prior to the issuance of a certificate of occupancy, which will not be issued until
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the conditions of any land use approval have been met or adequately guaranteed to the satisfaction
of the Town.
(b) The erection, construction, 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 Chapter is hereby declared to be unlawful and a violation of this Chapter, and
the Town Attorney may, acting in behalf of the Board of Trustees, institute injunction, abatement or
any other appropriate action to prevent, enjoin, abate or remove such violation.
(c) Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of
these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate
a violation and to prevent illegal occupancy of a building structure or premises.
(d) In addition to civil and criminal enforcement, the Town may revoke any permit, cease the processing
of any application, and refuse to accept for processing any application, any of which pertain to the
property or development which is in violation of this Chapter.
(e) The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any
other remedies provided by law.
(f) Every person convicted of a violation of any provision of this Chapter shall be punished as set forth
in Section 1-4-10 of this Code.
Sec. 19-1-190. – Amendment.
(a) Text amendments. The Planning Commission or Board of Trustees may initiate text amendments to
this Chapter. Private persons may not initiate text amendments, other than through the right of
initiative under the Colorado Constitution. Public notice of hearings on text amendments shall be
given as required by state statutes.
(b) Map Amendments. Amendments to the zone districts map shall be pursuant to Section 19-2-170.
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Division 2 – Review Procedures
Sec. 19-1-205. – Compliance.
(a) All land use activities, changes in land use, and development as defined by this Chapter located
within the Town shall be subject to the provisions of these regulations and any other applicable
regulations of the Town. Any landowner desiring to establish a land use requiring approval of the
Town must obtain such approval prior to the establishment of the land use activity.
(b) Conformity to use regulations. Except as hereinafter provided, no building, structure or property shall
hereafter be used, and no building or structure shall be erected and no existing building or structure
shall be moved, altered or extended nor shall any land, building or structure be used, designed to be
used or intended to be used for any purpose or in any manner other than as provided for among the
uses hereinafter listed in the district regulations for the district in which such land, building or
structure is located. All buildings or structures must comply in all respects with the provisions of the
building code adopted by the Town.
(c) Conformity to setback, bulk, site area and height provisions. Except as hereinafter provided, no
building or structure shall be erected nor shall any existing building or structure be moved, altered or
extended nor shall any open space surrounding any building or structure be encroached upon or
reduced in any manner, except in conformity with the building site area, building bulk, building
location and height provisions hereinafter provided in the district regulations for the district in which
such buildings, structures or open space is located.
(d) Lot area, yard, frontage, open space, and parking restrictions. Except as hereinafter provided, no lot
area, yard, frontage, other open space or parking provided about any building for the purpose of
complying with provisions of this Chapter shall be considered as providing lot area, yard, frontage,
other open space or parking for any other building.
Sec. 19-1-210. – Review process.
(a) Except as otherwise specified, any property owner may apply for approval of a land use , change in
land use or development pursuant to this Chapter.
(b) For those applications for which the Town Staff has discretion to review and render a decision, as
shown on the Review Procedures Chart (Table 1.1), the Town Staff shall approve, approve with
conditions, or deny the application within thirty (30) days of determination that the application is
complete.
(c) All Town Staff decisions listed on Table 1.1 are final unless an appeal of the same in provided in
Table 1.1. In that case, the applicant may appeal such decision to the Planning Commission, which
shall conduct a hearing within forty five (45) days after receipt of written notice of the appeal. The
decision by the Planning Commission shall be final.
(d) Except as otherwise set forth above for administrative review by Town Staff, land use applications
are reviewed by the Planning Commission and/or the Board of Trustees, as shown on Table 1.1.
Applications shall be submitted a minimum of forty five (45) days prior to a Planning Commission or
Board of Trustees meeting or hearing, as applicable. The Planning Commission reviews an
application and makes a recommendation to the Board of Trustees , unless the Commission is the
final review body, all as shown on Table 1.1. In some cases, as indicated on Table 1.1, the final
review body may send to next highest body for decision. This is indicated by “PU: Push -Up
Permitted
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(e) Not more than forty five (45) days after a complete application has been submitted, the first
reviewing body, as indicated on Table 1.1, shall consider the application.
(f) The Planning Commission shall complete its review and make its recommendation to the Board of
Trustees no later than forty five (45) days from the date of the initial Commission meeting or hearing.
The Planning Commission may continue the matter to allow a more comprehensive review of the
project for a period not to exceed thirty (30) days , unless a longer period is requested by the
applicant to make revisions or provide additional information before the Planning Commission takes
final action. The Planning Commission may recommend approval, conditional approval or denial,
indicating any particular conditions for approval, and its reasons for a recommendation of denial.
(g) The Board of Trustees shall meet or hold a hearing, as required by Table 1.1, within forty five (45)
days of the date of the Planning Commission action. The Board of Trustees may continue the matter
to allow a more comprehensive review of the project for a period not to exceed thirty (30) days,
unless a longer period is requested by the applicant to make revisions or provide additional
information before the Board of Trustees takes final action. The Board of Trustees may approve,
approve with conditions, or deny an application. Conditions may be imposed on length of permit
approval or other aspects of the activity designed to ensure compatibility with the standards of this
Chapter and any policies or other adopted standards of the Town.
(h) If the original application is denied by the Planning Commission or the Board of Trustees, as
applicable, the Town shall allow the applicant to modify the plan and return for an additional hearing.
If, after a second hearing, the application still does not comply with these regulations or the applicant
does not agree to comply with the conditions specified by the Planning Commission and/or the
Board of Trustees, then the application shall again be denied. No project previously denied shall be
resubmitted within six (6) months of denial unless it has been modified to meet the requirements of
these regulations.
(i) Once a project is approved, any changes must be reviewed by Town Staff and may require Planning
Commission and/or Board of Trustees approval, as applicable.
(j) The Town Staff, Planning Commission and the Board of Trustees may conduct, or require the
applicant to conduct, such investigations, examinations, tests and site evaluations as they deem
necessary to verify any information contained in the application. An applicant shall grant the Town
permission to enter upon the land for these purposes. The applicant shall pay the Town for the cost
of any such investigations, examinations or evaluations.
(k) For applications for approval of telecommunication facilities, the Town will follow the federally-
mandated deadlines for action in Section 19-2-480.
(l) The following chart describes the review process for all land use approvals:
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TABLE 1.1
Review Procedures Chart
Approval Requested Pre-
Application
CR
Required
Referral
Approval Notes/Code
Section AD PC BOT BOA
Floodplain
Development Permit
X X X A Sec. 19-5-240
Sign Permit X X X* Sec. 19-6-220;
Sec. 19-6-240
*Off-premise
signs require
BOT approval.
Master Sign Plan X X H X Sec. 19-6-230
Conditional Use
Permit
X X X H Sec. 19-2-120
Site Plan (Major)
X X H PU Sec. 19-2-110
Site Plan (Minor) X X X PU Sec. 19-2-110
PD District Plan
Amendment (Major)
X X X H Sec. 19-2-160 (a).
Ordinance
required.
PD District Plan
Amendment (Minor)
X X X X Sec. 19-2-160 (a)
Final PD Plan X X H X Sec. 19-2-150
Final PD Plan
Amendment (Major)
X X H X Sec. 19-2-160 (b)
Final PD Plan
Amendment (Minor)
X X X PU Sec. 19-2-160 (b)
Rezoning X X X H Sec. 19-2-160.
Ordinance
required.
Variance or appeal X X H Sec. 19-1-330
Variance;
administrative
X X X A Sec. 19-1-350
Legend:
CR: Completeness Review
BOA: Board of Adjustment
BOT: Board of Trustees
H: Public Hearing Required
PC: Planning Commission
AD: Administrative Approval
X: Meeting or Action Required
A: Appeal Permitted
PU: Push-Up Permitted
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Approval Requested Pre-
Application
CR
Required
Referral
AD PC BOT BOA Notes/Code
Section
Major Subdivision -
Sketch Plan
X X X PU Sec. 19-3-220
Major Subdivision -
Preliminary Plat
X X X H PU Sec. 19-3-225
Preliminary Plat -
Major Amendment
X X X H PU Sec. 19-3-225
Preliminary Plat -
Minor Amendment
X X X Sec. 19-3-225
Major Subdivision -
Final Plat
X X X H X Sec. 19-3-230
Major Subdivision -
Final Plat Phasing
X X X H X Sec. 19-3-230
Minor Subdivision -
Final Plat
X X X PU Sec. 19-3-230
Final Plat - Major
Amendment
X X X H X Sec. 19-3-240
Final Plat – Minor
Amendment
X X X Sec. 19-3-240
Final Acceptance of
Improvements
X X X X Sec. 19-3-455
As-Built Plat X X X PU Sec. 19-3-235
Plat Vacation X X H Sec. 19-3-245
R.O.W/Easement
Vacation
X X H Sec. 19-3-245
Ordinance
required.
Vested Right X X H Sec. 19-1-250
Legend:
CR: Completeness Review
BOA: Board of Adjustment
BOT: Board of Trustees
H: Public Hearing Required
PC: Planning Commission
AD: Administrative Approval
X: Meeting or Action Required
A: Appeal Permitted
PU: Push-Up Permitted
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Sec. 19-1-215. – Public notice requirements.
For all actions of the Town described in this Chapter requiring public hearings, public notice of the
hearing shall be given conforming to the following requirements. The cost of all notices shall be borne by
the applicant.
(a) Notice shall be sent to all property owners within two hundred (200) feet of the boundaries of the
subject property at least fourteen (14) days in advance of the hearing. The applicant shall provide
this notice, along with evidence it has been satisfied as part of the hearing record.
(1) Such notice shall be sent via certified mail, return receipt requested, and shall include the
following information: A copy of the application with a plat or drawing depicting the proposal;
the name, address and phone number of the authorized contact for the applicant; and the time,
date and place of the public hearing.
(2) The applicant shall provide the Town with a written affidavit prior to the time of the public
hearing reflecting the date of mailings and the names, addresses and legal descriptions of all
parties to whom the notifications were transmitted.
(3) Failure to properly mail the documents, notify the necessary parties and/or provide the required
affidavit shall be grounds for denial of the application or a continuance of the public hearing
until such notice is provided.
(b) Notice of the hearing shall be published by the Town in a newspaper of general circulation within the
Town at least fourteen (14) days in advance of the hearing, except for hearings on rezoning
applications, for which such notice shall be published at least fifteen (15) days in advance of the
hearing in accordance with CRS §§ 31-23-304, et seq. Proof of publication shall be supplied at the
public hearing. All publication expenses shall be paid by the applica nt. Failure to properly notice the
hearing shall be grounds for a continuance of the public hearing until such notice is provided.
(c) Pursuant to § 24-65.5-103, C.R.S., not less than thirty (30) days before the date scheduled for the
first public hearing for a subdivision, rezoning, or conditional use application, the applicant shall
provide notice of the pending application to the owners of the mineral estate. In the case of minor
subdivisions, the notice shall be provided not less than thirty (30) days prior to final action by the
Town Staff on the application. Such notice shall be by certified mail, return receipt requested. The
applicant shall provide this notice, along with evidence it has been satisfied as part of the hearing
record.
(d) All notices shall include:
(1) A statement of the nature of the matter being considered;
(2) The time, date and place of the public hearing;
(3) The agency or office and phone number where further information may be obtained; and
(4) The street address and a legal description of the subject property.
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Sec. 19-1-220. – Preapplication conference.
(a) The preapplication conference is an opportunity for an applicant to meet with the Town Staff to learn
more about application requirements, review standards, and review procedures. The preapplication
conference is required, unless waived by the Town Staff. The preapplication conference is informal
and does not substitute for any review process required by this Chapter.
(b) The preapplication conference also serves to allow the mutual exchange of information and
development concepts. The applicant is encouraged to bring plans and drawings to the
preapplication conference. Topics of discussion may include but not limited to:
(1) Characteristics of the site and surrounding area, including its location; significant natural and
man-made features with particular attention to natural hazard, resource or other special areas;
the size and accessibility of the site; surrounding development and land use; and existing
zoning.
(2) The nature of the development proposed, including land uses and their densities; the
placement of proposed buildings and other improvements on the site; the location, type and
method of maintenance of common open space or treatment of public use areas and internal
circulation system, including trails and bicycle paths; the total ground co verage of paved areas
and structures; and proposed water and wastewater infrastructure.
(3) Community policy considerations, including degree of conformity of the proposed
development with current Town policies, and the nature of the information, technical analysis,
reports and certifications which are likely to be required of the applicant.
(4) Any of the required submission requirements contained herein that may be considered
inappropriate or not applicable to the proposal in question.
(5) The stages of review and submittal requirements for the proposal.
Sec. 19-1-225. – Application for land use approval.
(a) A separate application is required for each phase of a subdivision or planned unit development
review process. The application shall include all of the items identified in Appendix 1 (Land Use
Application and Checklists ) for the type of approval sought. Incomplete applications will not be
scheduled for review until a determination of completeness is issued.
(b) The number of copies of the required application information is shown in Appendix 1. All maps and
reports shall bear suitable evidence of the professional qualifications of the person responsible for
the preparation of the map or report. Engineering information must be certified by a professional
engineer licensed in the state of Colorado. All required documents containing land survey
descriptions and topographic maps must be certified by a professional land surveyor licensed in the
state of Colorado.
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Sec. 19-1-230. – Determination of completeness.
Complete applications must be submitted, at the point of initiation of the land use review process.
Town Staff shall determine whether the application submitted is complete. If the application is not
complete, the applicant shall be advised of the deficiencies. No application may be scheduled for further
review until the Town Staff has determined it to be complete. The Town Staff determination of
completeness is a final decision of the Town, subject to review only in the district court.
Sec. 19-1-235. – Application referral.
(a) Upon a determination that the application is complete , the Town Staff shall refer the application to
the following departments and agencies for their comments, unless the Town Planner finds that the
application is not related to the issues addressed by a particular entity listed:
(1) The water provider.
(2) The wastewater provider.
(3) The fire protection provider.
(4) The Police Department.
(5) The gas provider.
(6) The telephone provider.
(7) The cable television provider.
(8) The electric provider.
(9) The school district.
(10) The Colorado Division of Parks and Wildlife if the proposed development is located within a
wildlife habitat area or migration route as determined by the Colorado Division of Parks and
Wildlife.
(11) The County Planning Department if the propos ed development is located within an urban
growth boundary.
(12) The U.S. Army Corps of Engineers if wetlands may be an issue.
(13) The Colorado Department of Transportation if U.S. 40 access is contemplated.
(14) The Colorado Water Conservation Board if the proposed development contains at least fifty
(50) lots or five (5) acres (whichever is less) and base flood elevation data is required.
(15) The United States Forest Service if development abuts national forest land.
(16) The state geologist and the Board of County Commissi oners pursuant to CRS 31-23-225, if the
proposed subdivision or commercial or industrial development is proposed to cover five or more
acres of land.
(17) The Headwaters Trails Alliance.
(18) Any other department and/or agency as deemed necessary by the Town.
(b) Table 1.1 lists which types of applications are required for referral. The Town Staff has authority to
require referral of an application to one or more agencies listed above where such referral may not
be required by Table 1.1.
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(c) The external review agencies shall have sixteen (16) days from the date of their receipt of the
application to return their comments and recommendations, unless a shorter period is permitted.
Sec. 19-1-240. –Review and record of decision.
(a) The Board of Trustees, Planning Commission, Board of Adjustment, and Town Staff, as
applicable, shall consider all the evidence presented by the applicant and other interested parties,
comments of review agencies, recommendat ions of the Town Staff, and comments from the
public, in reviewing the application and rendering a decision.
(b) The Board of Trustees, Planning Commission, Board of Adjustment, and Town Staff shall
maintain a record of their proceedings in the form of minutes, resolutions, ordinances, and
memoranda of decision, as appropriate. The record shall include comments of the reviewing
agencies as well as the recommendation of the Planning Commission for applications finally
decided by the Board of Trustees, all as maintained in the office of the Town Clerk..
(c) Upon final approval of any subdivision plat under Article 3 of these regulations, the plat or
resolution shall be recorded by Town Staff in the office of the County Clerk and Recorder. All
recording expenses shall be paid by the applicant. Recording shall take place within one (1) year
of final approval with the exception of phased plats, all of which must be recorded within five (5)
years of final approval of the initial plat.
Sec. 19-1-245. – Duration of approval.
(a) Land use approvals shall be valid for the following periods from the date of approval, unless
otherwise stated in the record of decision:
(1) Preliminary plat subdivision: 1 year (may be extended by Planning Commission)
(2) Final plat subdivision or amendment: 1 year, unless phased. 5 years if phased
(3) PD District Plan amendment (major and minor): 5 years
(4) Final PD plan: no expiration
(5) Major site plan: 1 year
(6) Minor site plan: 1 year
(7) Conditional use permit: 1 year
(8) Rezoning: No expiration
(9) Floodplain development permit: 1 year
(10) Sign permit: 1 year
(11) Variance: as provided in BOA resolution of approval
(12) Vested right: 3 years
Page 13
(b) Where large developments are concerned, it is recognized that such developments may require
multi-year construction phasing. Therefore, work on any portion of a final plat or Final PD Plan shall
be regarded as work on the preliminary plat or PD District plan, as applicable, and the expiration
periods set forth above shall apply accordingly for any subsequent phases of the development.
(c) If, within the listed time period, no required subsequent application has been filed , plat recorded, or
authorized use established or building permit issued or other development action taken, the approval
shall expire. For good cause, the granting authority may grant a single extension of the approval for
a time period not to exceed the amount of the initial approval’s duration.
Sec. 19-1-250. – Vested property rights.
(a) A site specific development plan for purposes of the creation of a vested property right pursuant to
Article 68 of Title 24, C.R.S., shall be as defined at Section 19-1-410. No site specific development
plan shall be approved and no vested property right shall be created except pursu ant to and upon
compliance with the requirements of this Section.
(b) In the event that an applicant for site development approval wishes said approval to have the effect
of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the applican t must so
request, in writing, at least thirty (30) days prior to the date said approval is to be considered. Failure
to so request renders the approval not a site specific development plan, and no vested rights shall
be deemed to have been created thereby.
(1) A site specific development plan may be approved with terms and conditions as may reasonably
be necessary to protect the public health, safety and welfare, and as provided in the Town's
other ordinances and regulations applicable to the proposed development. Failure to comply
with such terms and conditions shall result in forfeiture of the vested property rights.
(2) Each map, plat or site plan constituting a site specific development plan shall contain the
following language: "Approval of this plan creates a vested property right pursuant to Section 24 -
68-103, C.R.S., as amended."
(c) No site specific development plan shall be approved until it has been considered at a public hearing
preceded by public notice of such hearing. If the regulations applicable to the review of the
development plan which is proposed to create a vested property right do not otherwise provide for
such a public hearing or public notice, then the applicant shall request that such a public hearing be
scheduled before the Board of Trustees and shall be responsible for giving public notice of such
hearing in the same manner as that required for amendments to the Official Zoning Map, as
provided by Section 31-23-304, C.R.S., and Section 19-1-215 of this Article.
(d) No site specific development plan shall become effective, and no vested property rights shall be
created, until publication of a notice of the site specific development plan approval and creation of a
vested property right pursuant to Article 68 of Title 24, C.R.S. Such notice shall be published once,
not more than fourteen (14) days after approval of the site specific development plan, in a
newspaper of general circulation within the Town.
(e) In addition to any and all other fees and charges imposed by the ordinances and resolutions of the
Town, the applicant for approval of a site specific development plan shall pay all costs result ing from
the Town’s processing of the site specific development plan application, including publication of
notices, public hearing and review costs.
(f) In the event amendments to a site specific development plan are proposed and approved, the
effective date of such amendments, for purposes of duration of a vested property right, shall be the
Page 14
date of the approval of the original site specific development plan, unless the Board of Trustees
specifically finds to the contrary and incorporates such finding in its approval of the amendment.
(g) Nothing in this Section is intended to create any vested property right, but only to implement the
provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article or a judicial
determination that said Article is invalid or unconstitutional, this Section shall be deemed to be
repealed, and the provisions hereof no longer effective.
Sec. 19-1-255. – Fees.
(a) Each application shall be submitted with the fees described at Appendix 2 (Application Fees) for that
application. The Board of Trustees, acting by resolution, may amend the fees in Appendix 2 from
time to time. The fees shall be considered the minimum for each type of application. To the extent
the application fees do not provide sufficient funds to pay for outside professional services for the
review of the application, the applicant will be charged the actual review costs. All fees shall be due
and payable upon submission, and all additional fees will be due and payable at such time as a
statement is presented to the applicant.
(b) If the Town Staff determines that the review and processing of such petition or appl ication may
cause the Town to incur costs in excess of said fee, it may require the petitioner or applicant to
immediately deposit a sum of money with the Town Clerk to cover such estimated costs.
(c) Recording and filing fees imposed by the Grand County Clerk and Recorder, and others, as a result
of the application, shall be paid by the applicant.
(d) No part of any fee shall be refunded, notwithstanding withdrawal by the petitioner or applicant of the
petition or application, by the denial of the petition or application by the Board of Trustees or by
unsuccessful election, in the case of a petition for annexation election. For any deposit of funds for
estimated additional costs, at the conclusion of the proceedings or earlier withdrawal of such petition
or application, the Town shall refund any such fees for which the Town has not incurred costs.
Page 15
Division 3 – Board of Adjustment
Sec. 19-1-310. - Jurisdiction.
(a) The Board of Adjustment is constituted as provided in Chapter 2, Article 7 of this Code, and its
jurisdiction includes authority for hearing appeals and granting of variances under the provisions of
the zoning regulations contained in this Chapter. Pursuant to Section 19-1-350 below, the Town
Staff has limited authority to grant administrative variances.
(b) As provided in Chapter 2, Article 7, the Board of Adjustment has no authority to grant use variances
or use modifications from the regulations contained in this Chapter.
Sec. 19-1-320. - Appeals.
(a) The Board of Adjustment shall hear and decide appeals from and review any order, requirement,
decision or determination made by any administrative official charged with the enforcement of any
provision of this Chapter.
(b) Notice of such appeal shall be in writing, specifying the grounds thereof, which shall be filed with the
administrative officer or official from whom the appeal is taken within the time prescribed by the rules
adopted by the Board of Adjustment. Failure to file a notice of appeal wit hin the prescribed time shall
constitute a waiver of the right to appeal.
(c) Upon receipt of the notice of appeal, the officer or official from whom the appeal is taken shall
transmit to the Town Clerk all documents constituting the record upon which the action appealed
from was taken, and the Town Clerk shall provide the same to the Board of Adjustment.
(d) The Board of Adjustment or its designee shall fix a reasonable time for the hearing of the appeal and
give due notice thereof to the parties. Upon hearing, any party may appear in person or by agent or
attorney. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made in the premises, and to that e nd has all
the powers of the officer or official from whom the appeal is taken, subject, however, to the vote
requirements specified in Section 19-1-340 below.
(e) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of the regulations contained in this Chapter, the Board of Adjustment has the power, in passing
upon an appeal, to vary or modify the application o f such regulations relating to the construction or
alteration of buildings or structures, so that the spirit of the ordinance is observed, public safety and
welfare secured and substantial justice done.
(f) An appeal stays all proceedings in furtherance of the action appealed from unless the officer or
official from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal
is filed with him or her, that, by reason of facts stated in the certificate, a stay would, in his or her
opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed
other than by a restraining order which may be granted by the Board of Adjustment or by the district
court on application, on notice to the enforcement officer or official from whom the appeal is taken
and on due cause shown.
(g) The Board of Adjustment shall render its decision on the appeal by resolution.
Page 16
Sec. 19-1-330. - Variances.
(a) The Board of Adjustment shall have the power to grant variances from the pro visions of this Chapter,
subject to the voting requirements specified in Section 1 9-1-340 below. Further, the Board of
Adjustment may grant a variance only to the extent it finds that the following conditions, where
relevant to the subject property and adjacent neighborhood or district, are present:
(1) There are unique physical circumstances or other conditions peculiar to the affected property,
such as exceptional topography or irregularity, narrowness or shallowness of a lot.
(2) The unique physical circumstances or other conditions do not exist throughout the neighborhood
or district in which the property is located.
(3) The unique physical circumstances, other conditions or any other hardship complained of have
not been created by the applicant.
(4) Because of the unique physical circumstances or other conditions, the property cannot be
reasonably developed in conformity with the provisions of this Chapter .
(5) The variance, if granted, will not alter the essential character of the neighborhood or district in
which the property is located, or substantially or permanently impair the appropriate use of
adjacent conforming property.
(6) The variance, if granted, is the minimum variance that will afford relief and is not detrimental to
the public good or to the purpose, intent and spirit of this Chapter or the Town Comprehensive
Plan.
(7) The variance is needed to provide a reasonable accommodation to a person or persons with a
disability.
(b) In granting any variance, the Board of Adjustment has the authority to attach such reasonable
conditions as it deems necessary to protect the general welfare and implement the purposes of this
Chapter.
(c) The following procedures shall apply to the Board of Adjustment's consideration of variance
requests:
(1) All variance requests shall be submitted to the Board of Adjustment in writing.
(2) Every variance application shall indicate what provisions of this Chapter are involved and what
relief is sought by the applicant.
(3) The applicant shall set forth the grounds upon which the variance is being sought.
(4) The Board of Adjustment or its designee shall fix a reasonable time for a public hearing on the
variance application.
(5) Preparation of and payment of all notices shall be the responsibility of the applicant.
(d) No grant of a variance shall be complete or effective unless and until the Board of Adjustment has
adopted a written resolution approving the variance, which resolution shall identify the property for
which the variance is granted, and state specifically the exceptional conditions, practical difficulties
or unnecessary hardships involved, or other grounds for granting the variance. The resolution shall
also specify any terms and conditions applicable to the variance, including, without limitation:
(1) Limitations on its duration;
Page 17
(2) Whether the variance runs with the land or is personal to the applicant;
(3) Required materials or construction methods;
(4) Rights of adjacent property owners, and
(5) Circumstances (in addition to violation of the terms of the variance) which would give rise to a
revocation of the variance.
(e) A copy of such resolution, certified by the Chairperson or other Town Staff, shall be recorded in the
office of the County Clerk and Recorder to provide notice to persons subsequently acquiring any
interest in the property.
Sec. 19-1-340. – Board of Adjustment procedure.
(a) The concurring vote of four (4) members of the Board of Adjustment shall be required to overturn or
modify decisions made by the Building Official or Town Staff upon appeal to the Board of
Adjustment, or to grant an application for a variance or adjustment to the requirements of the zoning
regulations contained in this Chapter. All other actions of the Board may be taken by a majority vote
of a quorum present.
(b) The decision of the Board of Adjustment is the final decision of the Town on the matter, reviewable
only by the district court.
Sec. 19-1-350. – Administrative variances.
The Town Staff shall have authority to act upon variance requests (but not appeals from
administrative decisions) under the following circumstances:
(1) The variance does not exceed ten (10%) percent of the minimum or maximum standard; and
(2) The Town Staff applies the same review criteria as does the Board of Adjustment under Section
19-1-330;
(3) No additional dwelling units would result from approval of such administrative variance; and
(4) A decision by the Town Staff to deny, or condition, an administrative variance, may be appealed
to the Board of Adjustment in the same manner as for appeals under Section 19-1-320.
Page 18
Division 4 – Definitions
Sec. 19-1-410. – Words and terms.
The following words and phrases shall have the following meanings when used in this Chapter,
unless the context otherwise requires:
Addition means an extension or increase in floor area or height of a building or structure.
Alteration means any addition or elimination of parts of a building, including walls, columns,
beams, girders, foundations, doors and windows.
Applicant, used interchangeably with the terms developer and subdivider, means the owner of
land proposed to be subdivided or his or her representative who is responsible for any undertaking
that requires review and approval under these regulations.
Approval means the approval by formal action of the Town Staff, Planning Commission, Board
of Trustees or Board of Adjustment as assigned by Table 1.1, for a land use, land use change, or
development, and subject to such conditions and limitations as are impose d as a part of that
approval.
Building means any structure built for the support, shelter or enclosure of persons, animals or
moveable property of any kind.
Certificate of occupancy means a document stating that the building or structure has been
inspected by the Building Official, that all provisions of the adopted Building Code and all other
applicable rules and regulations have been complied with, and that the building or structure has
been approved for occupancy.
Comprehensive plan means the Comprehensive Plan as adopted by the Town, and which
includes any unit or part of such plan separately adopted and any amendment to such plan or parts
thereof.
Conditional use means uses allowed only by permit of the Town, which permit may be granted
or denied. If granted, certain conditions and perfor mance standards may be imposed and must be
complied with by the permittee.
Unless otherwise specified as a calendar day, Day shall mean and be counted as each day that
the Town transacts Town business, which shall not include weekend days (Saturday and Sunday),
national and State holidays as officially recognized and those other special days for closure of Town
offices as declared by the Town Board of Trustees. Also termed a business day
Development means any change in the use of land or improvements thereon, including, but not
limited to:
a. The construction, enlargement, reconstruction or renovation of any improvements which
require a building permit.
b. A change in use or intensity of use on the land, or within a structure.
c. The placement of temporary structures on the land.
d. Site clearance, removal or addition of vegetation, grading, dredging, mining, drilling, cut
and fill activities, dumping soil or other materials, removal of soil or contouring of a site.
Notwithstanding the foregoing, the following shall not be deemed to constitute development:
a. Normal maintenance and repair of improvements which do not involve a change in use or
intensity of use.
b. Nonstructural interior improvements when they have no effect on the square footage of the
existing improvements and are not associated with a change of use.
Page 19
Land use or use of land means the purpose for which any land, structure or building is
designed, maintained or occupied.
Occupied includes arranged, designed, built, altered, converted, rented or leased, or intended to
be occupied.
Owner means a person recorded as such on official records.
Planning Commission means the Town of Fraser Planning Commission.
Public hearing means a meeting called by a public body for which public notice has been given
and which is held in a place in which the general public may attend to hear issues and express their
opinions.
Public notice means notice to the public of a public hearing by the Board of Trustees, Board of
Adjustment or Planning Commission.
Rezoning means an amendment to the official zoning map consisting of a change in the
classification of land from one (1) zone district to another.
Site plan means a detailed development plan for a property, which generally permits an
evaluation of the intended use, and such design elements as circulation, parking and access; open
space and landscaping; building location and configuration; grading and drainage; setbacks and
screening; public improvements; and other elements, which determine if the proposal has been
planned consistently with the intent of this Chapter.
Site specific development plan means a plan that has been submitted to the Town by a
landowner or such landowner’s representative describing with reasonable certainty the type and
intensity of use for a specific parcel or parcels of property, which plan shall create a vested property
right. The following shall be considered site specific development plans:
a. Conditional use permit pursuant to Section 19-2-120.
b. Final subdivision plat pursuant to Section 19-3-230, including major subdivisions, minor
subdivisions, re-subdivisions, and division of property into condominium or townhouse
units.
c. The final approval step, irrespective of the name or designation of such approval, which
occurs prior to building permit application. The following are specifically excluded from, and
shall not constitute, a site specific development plan: variances issued by the Board of
Adjustment, sketch plans, preliminary plans, business licenses, floodway or floodplain
permits, franchises, temporary use permits, any comprehensive plan element, creation of
improvement districts, zoning or rezoning, final architectural plans , or final construction
drawings and related documents specifying materials and methods for construction of
improvements.
Structure means an edifice or building of any kind, or any piece of work artificially built up or
constructed of parts joined together in some definite manner.
Temporary and/or seasonal proposals and uses (including mobile vending units and transient
merchants) mean any development which is permitted subject to the requirements in Section 19-2-
330 of this Chapter.
Timeshare or interval ownership unit means single-family or multifamily dwelling, condominium
or townhouse units that have been further subdivided into a stated number of additional interests in
the unit, defined by the period of time during which the owner of the share may oc cupy it. Shares
may be of two (2) types: first, fee timeshares or interval estates, wherein diverse owners each own a
present estate for years terminating on a date certain coupled with a future remainder interest in the
unit as a tenant in common with the other diverse owners; second, time span estates operating on a
tenancy in common principle coupled with an exclusive right to use and occupy the unit during a
fixed annual recurring period of time.
Page 20
Title commitment means a commitment for title insurance issued by a licensed title insurance
company with offices in Grand County, with an effective date not earlier than thirty (30) days prior to
the date that the commitment is filed with or submitted to the Town pursuant to these regulations.
Unless otherwise specified, the commitment shall apply to and describe the real property included in
the proposed subdivision, shall identify all owners of record of such property and shall list all liens,
encumbrances, easements and restrictions affecting such property, with the book and page or
reception number where such matters appear in the records in the office of the County Clerk and
Recorder.
Town means the Town of Fraser, Colorado.
Town Staff means the Town Manager or designee.
Vested property right means the right to undertake and complete development and use of
property under the terms and conditions of a site specific development plan.
ARTICLE 2 - ZONING
Division 1 Administration
19-2-110 Site plan; major and minor
19-2-120 Conditional Use Permits
19-2-130 Existing Development Permits
19-2-140 Existing Planned Developments (PD’s)
19-2-150 Final PD plans
19-2-160 PD amendments
19-2-170 Rezoning
Division 2 Zoning Districts
19-2-205 Official Zoning Map; district boundaries
19-2-210 Establishment of districts
19-2-215 Open Space District
19-2-220 Rural Density District
19-2-225 Low Density Single-Family Residential District
19-2-230 Low Density Multi-Family Residential District
19-2-235 Medium Density Single-Family Residential District
19-2-240 Medium Density Multi-Family Residential District
19-2-245 High Density Multi-Family Residential District
19-2-250 Business District
19-2-255 Riverwalk Mixed Use Overlay District
19-2-260 Trade Industry District
19-2-265 Victoria Village Overlay District
19-2-270 Measurements and exceptions
Division 3 District Uses
19-2-310 Permitted and conditional uses
19-2-320 Accessory uses and structures
19-2-330 Temporary and seasonal uses
19-2-340 Schedule of uses
19-2-350 Unlisted uses
Division 4 Supplemental Uses
19-2-410 General requirements for all uses
19-2-420 Campgrounds
19-2-430 Home occupations
19-2-440 Bed and Breakfast establishments
19-2-450 Group homes for handicapped or disabled persons
19-2-460 Mobile home parks
19-2-470 Accessory Dwelling Units
19-2-480 Telecommunication (CMRS) facilities
Division 5 Nonconforming uses and structures
19-2-510 Intent
19-2-520 Nonconforming uses
19-2-530 Nonconforming structures
19-2-540 Repairs and maintenance
19-2-550 Nonconforming lots of record
19-2-560 Legal nonconforming signs
Division 6 Definitions
19-2-610 Words and terms
Page 1
ARTICLE 2 –Zoning
Division 1 Administration
Sec. 19-2-110. - Site plan; major and minor.
(a) Purpose. A site plan shall be required prior to any development within a zoning district.
(1) Major site plan. The following types of development are subject to major site plan review:
a. Residential uses which include three (3) units or more.
b. Any non-residential use.
c. Any conditional use.
(2) Minor site plan. The following types of development are subject to minor site plan review:
a. Modifications to a major site plan.
b. Single-family and duplex residential structures.
c. Additions to single-family and duplex residential structures.
d. Additions to commercial, office or industrial structures.
e. Site work, landscaping, grading and utility installations.
f. Temporary and seasonal use as specified in Section 19-2-330.
g. Any permitted use that does not require a major site plan.
h. Changes of use.
(b) Submittal Requirements. The applicant shall submit all required materials specified in Appendix 1 for
either a major or a minor site plan review, as applicable.
(c) Procedure. An application for site plan approval shall be processed in accordance with the Review
Procedures Chart at Section 19-1-210 and Table 1.1.
(d) Criteria for Review. The Town Staff or Planning Commission, as appropriate, shall consider the
following criteria in reviewing a site plan application:
(1) The proposed site development meets all of the applicable requirements of this Chapter.
(2) The proposed site development is in conformance with the Comprehensive Plan.
(3) The lot size, lot dimensions and setbacks are consistent with what is shown on the approved
final plat and the zone district requirements, as appropriate.
(4) No buildings or structures infringe on any easements.
(5) The proposed site grading is consistent with the requirements of any applicable adopted storm
drainage criteria or master drainage plans.
(e) Action on Application. Site plans shall be reviewed by the reviewing authority indicated in Table 1.1,
who may approve, conditionally approve, or deny the proposal. Within fifteen (15) days of approval,
the applicant shall submit one (1) original electronic drawing of the approved site plan to the Town
Staff.
Page 2
(f) Conditions of Approval. The reviewing authority may place conditions upon issuance of a site plan
approval which it deems necessary and proper to ensure that the development proposal will be
implemented in the manner indicated in the application. Said conditions shall be listed on the
approved site plan. Conditions may include, but not be limited to, the following:
(1) Use. The condition may restrict the future use of the proposed development to that indicated in
the application.
(2) Homeowners' association. The conditions may require that, if a homeowners' association or
merchants' association is necessary or desirable to hold and maintain common property, it be
created prior to the issuance of an approved site plan.
(3) Dedications. The conditions may require conveyances of title or easements to the Town, or
public utilities for purposes related to the community's public health, safety and welfare, which
may include land and/or easements for utilities, roads, snow storage or other similar public
uses. Conditions may require construction to public standards and dedication of those public
facilities necessary to serve the development and the public.
(4) Construction guarantees. The conditions may require the deposit of certified funds with the
Town, the establishment of an escrow fund, the deposit of an irrevocable letter of credit, the
posting of a bond or other surety or collateral (which may provide for partial releases), to ensure
that all construction features included in the application or required by the terms of the site plan
approval are provided as represented and approved. The Town may also require a monetary
guarantee ensuring that the site will be revegetated to its original condition if the project is
abandoned after construction has commenced. Such construction guarantees shall be secured
by a Construction Guarantee Agreement, a form for which is provided in Appendix 4.
(6) Public improvements. The conditions may require the installation of public improvements or
participation in a special assessment district for the installation of public improvements within,
adjacent to or contributing to the project. Such public improvements shall be secured in the
same form required for subdivision improvements at Section 19-3-425.
(7) Additional and/or revised plans. The conditions may require that additional plans or engineered
revisions to utility, drainage or site plans be submitted to the Town and approved prior to
issuance of a building permit.
(g) Modification of Plan during Construction. All site improvements shall conform to the approved site
plan, including engineering drawings approved by the Town Staff. If the applicant makes any
changes during construction in the development in relation to the approved site plan, such changes
shall be made at the applicant’s risk without any assurances that the Town Staff will approve the
changes. The applicant will be required to correct the unapproved changes so as to conform to the
approved site plan.
(h) Enforcement. A building permit shall not be issued for any use requiring site plan approval until a site
plan has been approved. In addition, a Certificate of Occupancy shall not be issued until all site
improvements shown on the site plan have been completed as verified by Town Staff.
Sec. 19-2-120. - Conditional Use Permits.
(a) Process. In all zone districts, where there are uses listed on the Schedule of Uses in Section 19-2-
340 as a conditional use ("C"), such uses may not be initiated, maintained or otherwise conducted
without approval by the Board of Trustees of a conditional use permit, following the procedure set
forth in the Review Process Chart at Section 19-1-210.
(b) 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
Page 3
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.
(c) Submission Requirements. The applicant shall submit all required materials specified in Appendix 1.
(d) Criteria for Review. The Board of Trustees shall base its decision in granting, conditionally granting,
or denying a conditional use permit application in consideration of the extent to which the applicant
demonstrates the following criteria have been met:
(1) That the proposed conditional use is compatible with adjacent uses and adjacent zone districts,
as applicable, including the potential traffic generation, noise, lighting impacts, parking
requirements and general effects on such adjacent uses and propert ies;
(2) That the conditional use meets all existing criteria for minimum lot area, setbacks, maximum
building height, permitted signs and parking;
(3) That the conditional use will not change the predominant character of the neighborhood ,
including the scale and bulk of the proposed use in relation to surrounding uses and
neighborhoods;
(4) That conditional use will not overburden the capacities of the existing streets or utilities, parks,
schools and other public facilities and services;
(5) That there will not be an unacceptable 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 facility’s needs;
(6) That there will not be an unacceptable 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 ;
(7) That the proposed conditional use does not contribute to undervalued use of property;
(8) That the proposed conditional use conforms with the Comprehensive Plan; and
(9) That there is a history of compliance by the applicant and/or property owner with requirements
of this Chapter, this Code, and any prior conditions, regarding the subject property.
(e) Board of Trustees Action. After the close of the required public hearing, the Board of Trustees may
approve, approve with conditions, or deny the proposed conditional use. In the event the Board
chooses to grant the conditional use with conditions, such conditions may include, but are not limited
to the following:
1) That the conditional use runs with the land in perpetuity.
2) That the conditional use is personal to the applicant and may or may not be inheri ted. In the
absence of any specific findings or orders of Board of Trustees, the permit shall be deemed to
be non-transferable and personal to the applicant.
3) That the use may be granted only for a defined period, after which time it shall expire unless
renewed subject to all of the requirements of this Section.
Page 4
4) Limits to quantities of material allowed on the site, pollution control measures, additions to
screening plans, etc.
5) Requiring the applicant to enter into a written contract or other assurance which the Board of
Trustees may, in its discretion, deem advisable as a condition for the granting of the conditional
use permit. These contracts may include guarantees for any improvements made to mitigate
impacts.
6) Any other condition which in the opinion of the Board of Trustees is necessary to render the
conditional use compliant with the requirements of this Chapter and the Comprehensive Plan,
compatible with adjacent uses and zone districts, and to protect the health, safety and welfare
of Town residents.
(f) Revocation. A conditional use permit may be revoked for failure to comply with any of the terms and
conditions attached to such permit. A public hearing on revocation shall be held after public notice in
the same manner as that required for the initial grant of the permit, and including notice to the permit
holder.
Sec. 19-2-130. - Existing Development Permits.
Upon the effective date of this Chapter: May 5, 2018, there were in existence certain “Development
Permits,” previously issued pursuant to Sections 16-4-10 through 16-4-190 of Chapter 16 in effect prior to
that date, and which Chapter has been repealed in connection with the adoption of this Chapter 19. All
such existing development permits remain valid and enforceable pursuant to their terms and under their
conditions of issuance. Such development permits will be deemed to expire within the same time periods
as set forth at Section 19-1-245 as either a major or minor site plan permit, dependent upon the size of
the subject property development, unless a different expiration date is set forth in the approved
development permit itself. Upon expiration of such development permits, additional site development
upon such properties must be approved as a major or minor site plan under Section 19-2-110.
Sec. 19-2-140. - Existing Planned Developments (PD’s).
Planned development district plans (PD District plans) and any final planned development plans
(Final PD plans) approved and recorded prior to the effective date of this Chapter, May 5, 2018, may
continue to be completed under their terms. PD District plans and Final PD plans may continue to be
completed under the following Sections. No new PD districts shall be approved and no existing PD
districts may be enlarged.
Sec. 19-2-150. –Final PD plans.
(a) Existing approved Final PD plans may be completed pursuant to their approved terms.
(b) New Final PD plans may be approved for property within an existing PD district pursuant to the
following.
Page 5
(1) Submittal Requirements. The applicant shall submit all required materials specified in Appendix
1.
(2) Procedure. The Final PD plan application shall be revi ewed by the Town in accordance with the
Review Procedures at Section 19-1-210 and Table 1.1 of this Chapter.
Sec. 19-2-160. - PD amendments.
(a) PD District plans may be amended in the manner shown on Table 1.1 in Section 19-1-210.
(1) Minor amendment. Changes to an approved PD District plan that are not subject to a major
amendment, as described in subsection 2 below.
(2) Major amendment. Changes to an approved PD District plan involving greater than a thirty
percent (30%) increase in the original negotiated site development standards; or greater than a
ten percent (10%) increase in density; or any change in permitted land uses
(b) Final PD plans for any existing PD district may be modified only by one of the processes described
in this Section.
(1) A Final PD plan may be amended as permitted by its approved terms.
(2) Minor amendment. If not prohibited by the existing Final PD plan or PD District Plan, and based
upon a showing of necessity, minor changes in the location, siting and height of buildings and
structures may be approved by the Town Staff pursuant to the procedures in Section 19-1-210,
Table 1.1 if such changes do not exceed ten percent (10%) of any measurable standard in the
current Final PD plan and will not cause any of the following circumstances to occur:
A change in the use or character of the development;
An increase in the overall land coverage of structures ;
An increase in the intensity and density of use;
A reduction in approved open space;
A reduction in off-street parking and loading space; or
A reduction in required pavement widths.
(3) Major amendment. Any changes to a Final PD Plan other than as permitted under Subsections
(1) and (2) above, inclusive of rearrangement of lots, blocks and building tracts; or any changes
in the provision of common open spaces; or any transfer of density, shall be reviewed and
considered by the Planning Commission at a public hearing and presented to the Board of
Trustees pursuant to the procedures in Section 19-1-210, Table 1.1.
a. Such amendments may be made only if they are shown to be required 1) by changes in
conditions that have occurred since the Final PD plan was approved or, 2) by changes in
community policy.
Page 6
b. Density transfers are only allowed through the density transfer mechanism as provided in
Subsection (4) below.
(4) Density transfer. Density may be transferred from one (1) area within a PD District to another
area within the same PD District, upon application and approval of a Final PD plan subject to
the following conditions:
a. The overall density of the governing PD District plan is not increased.
b. An accounting of unused and/or un-transferred densities shall be provided at the time of
application.
c. The area receiving a density transfer must have sufficient roadway, water and sewer
infrastructure to serve the development.
d. A proposed density transfer that would increase density above thirty (30%) beyond the
density originally approved in a PD District plan first requires a PD District plan
amendment, as provided in Section 19-2-110 of this Article.
e. Density may not be transferred from one (1) PD District plan area to another PD District
plan that already has an approved Final PD plan without a Final PD plan amendment as
provided in Subsection (b) above.
Sec. 19-2-170. - Rezoning.
(a) The Board of Trustees may amend the boundaries of any zone district as shown on the Official
Zoning Map pursuant to the procedures in Section 19-1-210, Table 1.1.
(1) Rezoning of individual property may be initiated by the Town, by citizen petition or by
application filed by the landowner.
(2) Requests for rezoning initiated by the Board of Trustees, Planning Commission or Town Staff
will be prepared as a draft ordinance by the Town Attorney and Town Staff and shall be
reviewed and considered by the Planning Commission and presented to the Board of Trustees
at a public hearing pursuant to the procedures in Section 19-1-210, Table 1.1. In this instance,
the Town shall be considered to be the applicant.
(b) To initiate a rezoning of private property, the petitioner must be the owner of the affected property or
a citizen of the Town who has submitted the application with a petition signed by owners of all of the
land affected by the request. In addition, any applicant may contemporaneously with or subsequent
to the filing of a petition for annexation, file a petition requesting a certain zoning designation for the
parcel of land for which the annexation is sought. The applicant shall submit all required materials
specified in Appendix 1. In this instance, the person submitting the application shall be considered
to be the applicant. The applicant shall carry the burden of demonstrating that the land in question
should be rezoned. All applicants are advised there is no right to a change of zoning.
(c) The Planning Commission and Board of Trustees may consider the following evaluation criteria for
the analysis of rezoning applications:
Page 7
The compatibility of the rezoning proposal with the surrounding zone districts and land uses in
the vicinity of the site of the rezoning including the characteristics of the existing neighborhood,
the applicable area and bulk requirements, and the suitability of the site for development in
terms of on-site characteristics;
That the land proposed for rezoning, or adjacent land, has changed or is changing to a degree
such that it is in the public interest and consistent with the intent, purpose and provisions of this
Chapter to encourage different densities or uses within the land in question;
That the proposed rezoning is needed to provide land for a demonstrated community need or
service and such rezoning will be consistent with the goals, objectives and policies containe d
within the Comprehensive Plan;
That the existing zoning classification currently recorded on the Official Zoning Map is in error ;
That the proposed rezoning is in conformance, or will bring the property into conformance, with
the Comprehensive Plan goals, objectives and policies, and other related policies or plans for
the area;
That adequate infrastructure/facilities are available to serve the type of uses allowed by the
change of zoning, or that the applicant will upgrade and provide such where non-existent or
under capacity; and
The impacts of the rezoning upon expected traffic generation and road safety, availability of on-
site and off-site parking and the availability of adequate utility services and street access to the
site.
(d) In case of a protest against a proposed change, filed prior to the close of the public hearing before
the Board of Trustees and signed by the owners of twenty percent (20%) or more, either of the area
of the lots included in such proposed change, or of those immediately adjacent in the rear thereof
extending one hundred (100) feet therefrom, or of those directly opposite thereto, extending one
hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become
effective except by the favorable vote of three-fourths (¾) of the members of the Board of Trustees.
(e) The Board of Trustees may, upon the request of the Planning Commission, Town Staff or on its own
motion, initiate a procedure for rezoning a significant area of the Town, consisting of not less than six
(6) more individual ownership parcels and not less than five (5) total acres. This rezoning is a
legislative, not a quasi-judicial act, and may be accomplished by ordinance without notice to
individual landowners. The procedure for legislative rezoning shall be as follows:
Requests for legislative rezoning initiated by the Board of Trustees, Planning Commission or
Town Staff will be prepared as a draft ordinance by the Town Attorney and Town Staff and shall
be reviewed and considered by the Planning Commission and presented to the Board of
Trustees in a public hearing. In this instance, the Town shall be considered to be the applicant.
After conducting its review on the request, the Planning Commission shall transmit its
recommendations to the Board of Trustees.
Notice of the public hearing before the Board of Trustees shall be given by publication of the
request and descriptive material identifying the area proposed to be rezoned, the present
zoning, and the proposed zoning. The notice shall be published in a newspaper of g eneral
circulation in the Town and by posting at the Town offices. Separate notice to individual
Page 8
property owners is not required, but may be given in the sole discretion of the Town. The
Town’s choosing not to give such individual notice shall not be a bas is for challenge of the
legislative rezoning.
The Board of Trustees shall consider the public testimony, the recommendations of the
Comprehensive Plan, and the interests of the Town in general when considering a legislative
rezoning.
(f) All actions of the Board of Trustees in approving rezoning shall be recorded on the Official Zoning
Map.
Page 9
Division 2 Zoning Districts
Sec. 19-2-205. - Official Zoning Map; district boundaries.
(a) The location and boundaries of the zoning districts established herein are shown on the map entitled
"Official Zoning District Map of the Town of Fraser, Colorado", which map is hereby made a part of
this Article by reference. A copy of the Official Zoning District Map shall be kept on file in the office of
the Town Clerk.
(b) Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits,
section lines, 1/4 section lines, 1/2 section lines, platted lot lines, and center lines of streets, alleys,
roads, highways, channelized waterways, or extensio ns thereof.
(1) For non-subdivided property or where a zone district boundary divides a lot or parcel, the
location of such boundary, unless indicated by dimension, shall be determined by the scale of
the Official Zoning Map.
(2) Where a zone district boundary coincides with a right-of-way line and the right-of-way is
abandoned, the zone district boundary shall then follow the centerline of the former right-of-
way.
(3) Land which is not indicated as being in any zone district shall be considered to be included in
the most restricted adjacent zone district even when such district is separated from the land in
question by a public road, railroad, or utility right-of-way.
(4) The Town Staff shall have the authority to review, interpret, and d etermine any boundary
disputes pursuant to this Section.
Sec. 19-2-210. - Establishment of districts.
In order to carry out the provisions of this Article, there are hereby created the following zoning
districts into which the Town is now and in the future may be divided:
(1) Open Space (OS) District.
(2) Rural Density (RD) District.
(3) Low Density Single-Family Residential (LDSF) District.
(4) Low Density Multi-Family Residential (LDMF) District.
(5) Medium Density Single-Family Residential (MDSF) District.
(6) Medium Density Multi-Family Residential (MDMF) District.
(7) High Density Multi-Family Residential (HDMF) District.
(8) Business (B) District.
(9) Riverwalk Mixed Use (RMU) Overlay District.
Page 10
(10) Trade Industry (TI) District.
(11) Victoria Village (VV) Overlay District.
Sec. 19-2-215. - Open Space District.
(a) Intent. The purpose of the Open Space District is to preserve designated open space for park or
recreational purposes, scenic areas and vistas, and areas of scientific, historic, aesthetic or other
public interest. To qualify as designated open space, the land parcel must be either:
(1) Environmentally sensitive lands, including but not lim ited to wetlands, riparian areas or critical
habitat identified by the U.S. Army Corps of Engineers, the Colorado Division of Parks and
Wildlife, or the Natural Heritage Program;
(2) High natural hazard areas, including but not limited to the 100-year floodplain, red avalanche
hazard area, high rock fall hazard area and high debris flow hazard area; or
(3) Town park land that provides aesthetic values or outdoor recreation opportunities.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Secti on 19-2-340.
Accessory uses and structures shall be in conformance with Section 19-2-320. Temporary land uses
are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.1.
Table 2.1
Open Space District Standards
Minimum Lot Size One half (0.5) acre
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review. (See Section 19-4-155)
Maximum Height Twenty (20) feet
(d) Development of designated open space. The Board of Trustees may adopt rules and regulations
consistent with the provisions of this Section to regulate the use of designated open space by the
public, to protect and preserve such lands and to promote the public health, safety and general
welfare of those persons utilizing designated open space.
(1) Town Staff shall have the authority to issue written permits reserving park lands or structures
included in designated open space for temporary use by individuals or groups. When no permit
has been issued, the use of such areas that are open to the public shall follow generally the
rules of first-come, first-served, except as otherwise provided in any rules and regulations
adopted pursuant to this Section.
(2) Any section, part or the whole of any land or structures included in designated open space may
be declared closed to the public by the Town Staff at an time and for any interval of time,
whether temporarily or at regular and stated intervals, daily or othe rwise, and whether entirely
or merely to certain uses, as the Town Staff shall find reasonable and necessary.
(3) It shall be unlawful for any person to perform any of the following acts within or upon
designated open space:
Page 11
a. To cut, mark, remove, break or climb upon or in any way injure, damage or deface the
trees, shrubs, plants, turf or any of the building, fences, bridges or other structures;
b. To pick or take away any vegetation;
c. To build or place any tent, building, booth, stand or other structure withou t first having
obtained a permit to do so from the Town Staff;
d. To build, light, make or use any fires, except in fireplaces and grills constructed for such
purpose and under such rules and regulations as may be prescribed in this Section, or to
leave any area without first having completely extinguished fires;
e. To bring in or deposit any fill or other materials on designated open space, except upon the
express written consent of the Town Staff;
f. To deposit, throw or leave any litter, except in a receptacle or container provided for such
purpose. If no receptacles are available, litter shall be carried away from the area to be
properly disposed of elsewhere.
g. To fail to observe or respect written permits issued by the Town Staff;
h. To violate any rule or regulation promulgated pursuant to this Section.
(e) Additional provisions for dedicated open space.
(1) No designated open space may be sold, leased, traded or otherwise conveyed, nor may the
designation as open space be revoked, until such disposal has been approve d as provided in
this Section.
(2) Any proposed sale, lease, trade, alienation, partition or revocation of open space designation of
any one (1) or more parcels of designated open space shall be submitted to a vote of the
registered electors for their acceptance or rejection at a regular or special Town election, in
accordance with the provisions of Section 31-15-713(1)(a), C.R.S., or any successor statute
governing the disposal of municipal real property held for a governmental purpose.
a. The Board of Trustees may refer such a proposal to the electors by adopting an ordinance
setting forth the question to be referred, which shall include a description of the designated
open space affected, the proposed disposition and the terms and consideration therefor.
b. Every such ordinance shall require the affirmative vote of three-fourths (¾) of the entire
Board of Trustees for passage.
c. Copies of the proposed ordinance to dispose of designated open space shall be made
available to the public within a reasonable time b efore the election and also at the polls at
the time of the election.
f) Signs shall be permitted in the Open Space District in accordance with Article 6 of this Chapter.
Sec. 19-2-220. - Rural Density District.
(a) Intent. The purpose of the Rural Density District is to provide a very low density residential
environment that retains a rural atmosphere and accommodates single-family dwellings, park
facilities, farming and ranching structures, reservoirs, dams, and water diversions.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.2.
Page 12
Table 2.2
Rural Density District Standards
Minimum Lot Area Two (2) acres.
Minimum Lot Width Two hundred (200) feet.
Minimum Front Yard Thirty (30) feet.
Minimum Side Yard Ten (10) feet.
Minimum Rear Yard Twenty (20) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Thirty-five (35) feet.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.2. All accessory structures shall be in conformance with the provisions of
Section 19-2-320 (b), except accessory dwelling units, which shall be in conformance with Section
19-2-470.
(e) All site development in the Rural Density District, including parking, landscaping, lighting, fencing,
and building design, shall be in accordance with Article 4 of this Chapter.
(f) Signs shall be permitted in the Rural Density District in accordance with Article 6 of this Chapter.
Sec. 19-2-225. - Low Density Single-Family Residential District.
(a) Intent. The purpose of the Low Density Single-Family Residential District is to provide for low density
residential neighborhoods that accommodate single family dwellings, parks and low–impact
community facilities.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.3.
Page 13
Table 2.3
Low Density Single-Family Residential District Standards
Minimum Lot Area Six thousand (6,000) square feet.
Minimum Lot Width Fifty (50) feet.
Minimum Front Yard Twenty (20) feet.
Minimum Side Yard Seven (7) feet.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Thirty-five (35) feet.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.3, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b), except accessory dwelling units, which shall be in
conformance with Section 19-2-470.
(e) All site development in the Low Density Single-Family Residential District, including parking,
landscaping, lighting, fencing, and building design, shall be in accordance with Ar ticle 4 of this
Chapter.
(f) Signs shall be permitted in the Low Density Single-Family Residential District in accordance with
Article 6 of this Chapter.
Sec. 19-2-230. - Low Density Multi-Family Residential District.
(a) Intent. The purpose of the Low Density Multi-Family Residential District is to provide for low density
residential neighborhoods that accommodate single family and certain multi-family dwellings, parks
and low–impact community facilities, where not more than four (4) dwelling units are desired within a
building or on a single parcel of land.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
Page 14
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.4.
Table 2.4
Low Density Multi-Family Residential District Standards
Minimum Lot Area
Single-family detached dwelling: Six thousand (6000)
square feet.
Single-family attached or multi-family dwelling: Three
thousand (3,000) square feet per dwelling unit.
All other uses: Six thousand (6000) square feet.
Minimum Lot Width Fifty (50) feet.
Minimum Front Yard Twenty (20) feet.
Minimum Side Yard Seven (7) feet.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site plan
review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Thirty-five (35) feet.
Minimum Required Open Space Thirty-five percent (35%); see (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.4, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b), except accessory dwelling units, which shall be in
conformance with Section 19-2-470.
(e) All site development in the Low Density Multi-Family Residential District, including parking,
landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this
Chapter.
(f) Signs shall be permitted in the Low Density Multi-Family Residential District in accordance with
Article 6 of this Chapter.
(g) Required open space. For residential multifamily development consisting of condominiums,
townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of
Page 15
the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall
consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.
Sec. 19-2-235. - Medium Density Single-Family Residential District.
(a) Intent. The purpose of the Medium Density Single-Family Residential District is to provide for
medium density residential neighborhoods that accommodate a wide variety of single family dwelling
types, parks and low –impact community facilities, where not more than two (2) single-family units
are to be attached in one (1) structure on individually deeded and platted lots.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.5
Table 2.5
Medium Density Single-Family Residential District Standards
Minimum Lot Area
Single-family detached dwelling unit: Five thousand
(5000) square feet.
Single-family attached or mobile home dwelling unit:
Twenty five hundred (2500) square feet.
Zero Lot Line: Four thousand (4000) square feet.
All Other Uses: Five thousand (5000) square feet.
Minimum Lot Width
Mobile home: Twenty five (25) feet.
All Other Uses: Thirty (30) feet; except corner lots,
which shall be fifty (50) feet.
Minimum Front Yard Twenty (20) feet.
Minimum Side Yard
Zero Lot Line: one (1) side setback must be zero (0)
and the other a minimum of ten (10) feet.
All Other Uses: Five (5) feet.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review.
Minimum Floor Area Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
Page 16
feet.
Maximum Height Thirty-five (35) feet.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.5, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b), except accessory dwelling units, which shall be in
conformance with Section 19-2-470.
(e) All site development in the Medium Density Single-Family Residential District, including parking,
landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this
Chapter.
(f) Signs shall be permitted in the Medium Density Single-Family Residential District in accordance with
Article 6 of this Chapter.
(g) Additional provisions:
(1) Whenever the principal use is a school, church, or day care center, all requirements of Section
19-2-225 (c) of this Article will supersede Subsection (c) above.
(2) Each dwelling unit on a zero lot line shall have its own deeded and platted lot.
(3) Single-family attached dwellings straddling a common lot line must have separate walls for each
unit next to the line. A party wall maintenance agreement must accompany all applications for
single-family dwellings that are to be connected by a party wall . No opening of any kind may be
made in any party wall.
Sec. 19-2-240. - Medium Density Multi-Family Residential District.
(a) Intent. The purpose of the Medium Density Multi-Family Residential District is to provide for mid-
density residential neighborhoods that accommodate single family and certain multi-family dwellings,
parks and low–impact community facilities, where:
(1) Not more than four (4) dwelling units are desired within a building or on a single parcel of land,
except;
(2) Where contiguous lots of property are combined by vacating common lot lines with the intent to
create one (1) single parcel, the number of units allowed within a principal building on the
consolidated parcel will be limited to the number of units that were allowed to the original
individual lots, not to exceed twelve (12) dwelling units.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.6.
Page 17
Table 2.6
Medium Density Multi-Family Residential Standards
Minimum Lot Area
Single-family detached dwelling: Five thousand (5000)
square feet.
Single-family attached or multiple-family dwelling:
Twenty five hundred (2500) square feet per dwelling
unit.
All other uses: Five thousand (5000) square feet.
Minimum Lot Width Fifty (50) feet.
Minimum Front Yard Twenty (20) feet.
Minimum Side Yard Five (5) feet.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site plan
review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Thirty-five (35) feet.
Minimum Required Open Space Thirty-five percent (35%); see (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.6, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b), except accessory dwelling units, which shall be in
conformance with Section 19-2-470.
(e) All site development in the Medium Density Multi-Family Residential District, including parking,
landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this
Chapter.
(f) Signs shall be permitted in the Medium Density Multi-Family Residential District in accordance with
Article 6 of this Chapter.
(g) Required open space. For residential multifamily development consisting of condominiums,
townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of
the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall
consist of landscaping consistent with the standards in Section 19 -4-160 of this Chapter.
Page 18
Sec. 19-2-245. - High Density Multi-Family Residential District.
(a) The purpose of the High Density Multi-Family Residential District is to provide a zoning district for
the highest density of dwelling units, where up to a maximum of twenty (20) dwelling units per acre
may be permitted on a single parcel of land.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.7.
Table 2.7
High Density Multi-Family Residential District Standards
Minimum Lot Area
Single-family attached dwelling: Twenty five hundred
(2500) square feet.
Multi-family dwelling: Two thousand one hundred
seventy-eight (2,178) square feet per dwelling unit.
All other uses: Five thousand (5000) square feet.
Minimum Lot Width Fifty (50) feet.
Minimum Front Yard Twenty (20) feet.
Minimum Side Yard Seven (7) feet.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site plan
review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Forty (40) feet.
Minimum Required Open Space Thirty-five percent (35%); see (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.7. All accessory structures shall be in conformance with the provisions of
Page 19
Section 19-2-320 (b), except accessory dwelling units, which shall be in conformance with Section
19-2-470.
(e) All site development in the High Density Multi-Family Residential District, including parking,
landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this
Chapter.
(f) Signs shall be permitted in the High Density Multi-Family Residential District in accordance with
Article 6 of this Chapter.
(g) Required open space. For residential multifamily development consisting of condominiums,
townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of
the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall
consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.
Sec. 19-2-250. - Business District.
(a) Intent. The purpose of the Business District is to provide for a wide variety of highway commercial,
community retail, personal service, general office and other business uses.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.8.
Table 2.8
Business District Standards
Minimum Lot Area
Single-family detached dwelling unit: Five thousand (5000)
square feet.
Single-family attached dwelling unit: Twenty five hundred
(2500) square feet.
Multi-family dwelling unit: “Twenty one hundred and
seventy eight (2178) square feet.
Commercial/Mixed Use: No minimum requirement.
Minimum Lot Width
Residential: Fifty (50) feet.
Commercial/Mixed Use: No minimum requirement.
Minimum Front Yard
Residential: Twenty (20) feet.
Commercial/Mixed Use: No minimum requirement. A
build–to-line may be required during site plan review.
Page 20
Minimum Side Yard
Residential: Five (5) feet.
Commercial/Mixed Use: No minimum requirement. If zero
lot line, subject to all other regulations.
Minimum Rear Yard
Residential: Ten (10) feet.
Commercial/Mixed Use: No minimum requirement, unless
if adjacent to an alley or service lane: eighteen (18) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site plan
review.
Minimum Floor Area
Principal Structure: Five hundred (500) square feet.
Accessory Dwelling Unit: Two hundred (200) square feet.
Maximum Height Forty-five (45) feet.
Minimum Required Open
Space
Thirty-five percent (35%); see (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.8, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b), except accessory dwelling units, which shall be in
conformance with Section 19-2-470.
(e) All site development in the Business District, including parking, landscaping, lighting, fencing, and
building design, shall be in accordance with Article 4 of this Chapter.
(f) Signs shall be permitted in the Business District in accordance with Article 6 of this Chapter.
(g) Required open space. For residential multifamily development consisting of condominiums,
townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of
the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall
consist of landscaping consistent with the standards in Section 19 -4-160 of this Chapter.
(h) Additional provisions:
(1) There shall be a maximum residential density of one (1) dwelling unit per two thousand one
hundred seventy-eight (2,178) square feet of gross land area. This equates to twenty (20)
dwelling units per acre.
Sec. 19-2-255. - Riverwalk Mixed Use Overlay District.
(a) Intent. The purpose of the Riverwalk Mixed Use Overlay District is to provide for development that
fosters the creation of a high density, walkable, mixed-use neighborhood which will integrate
Page 21
Fraser’s historic downtown with the Fraser River and generate opportunities for downtown
redevelopment, affordable housing and economic revitalization.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.09.
Table 2. 9
Riverwalk Mixed Use Overlay District Standards
Minimum Lot Area
Commercial/Mixed Use: No minimum requirement.
Multi-family dwelling unit: Twenty one hundred and
seventy eight (2178) square feet.
Minimum Front Yard See additional provision (h)(1) below. A build–to-line
may be required during site plan review.
Minimum Side Yard See additional provision (h)(1) below. A zero lot line
may be required during site plan review.
Minimum Rear Yard See additional provision (h)(1) below.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review.
Minimum Floor Area
Principal Structure: No minimum requirement.
Accessory Dwelling Unit: Two hundred (200) square
feet.
Maximum Height Forty-five (45) feet.
Minimum Required Open Space See additional provision (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.9, unless otherwise specified. All accessory structures shall be in conformance
with the provisions of Section 19-2-320 (b).
(e) All site development in the Riverwalk Mixed Use Overlay District, including parking, landscaping,
lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.
(f) Signs shall be permitted in the Riverwalk Mixed Use Overlay Distric t in accordance with Article 6 of
this Chapter.
Page 22
(g) Minimum Required Open Space.
(1) For a mixed-use residential and commercial development consisting of commercial uses
occupying one hundred percent (100%) of the ground floor of all structures, mixed with
residential condominiums, townhomes or apartments occupying some or all of the other floors
in such structures, the minimum required open space shall be fifteen percent (15%) of the gross
land area.
(2) For other residential development consisting of condominiums, t ownhomes or apartments, the
minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the
thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of a
landscaping plan consistent with the standards in Section 19-4-160 of this Chapter.
(h) Additional provisions:
(1) Minimum setbacks are to be determined on a parcel-by-parcel basis utilizing emergency
service access and clearance requirements and standards set forth in the Uniform Building and
Fire Codes. All setback areas required or resulting from setbacks hereunder shall be credited
toward the open space requirement established for this Section.
(2) Residential uses shall not exceed seventy-five percent (75%) of the gross land area in a mixed
use development.
(3) The maximum residential density of twenty (20) dwelling units per acre in the underlying
Business zoning district may be exceeded in the Riverwalk Mixed Use Overlay District subject
to the provision of deed-restricted affordable housing dwelling units.
a. For the purposes of this Section, affordable housing is defined as housing for a family that
has an income below eighty percent (80%) of the Area Median Income, as determined for
Grand County by the Colorado Housing and Finance Authority.
b. A minimum of twenty percent (20%) of a residential development shall include a deed-
restriction guaranteeing the provision of the affordable housing dwelling units in perpetuity
to qualify for a density bonus.
c. The density bonus may be used to provide additional dwelling units in a development
beyond the underlying twenty (20) dwelling units per acre allowed, up to a maximum
density of sixty (60) units per acre, subject to adherence of all other development standards
for the Riverwalk Mixed Use Overlay District.
(4) The maximum residential density of seventeen (17) dwelling units per acre in the underlying
Medium Density Single-Family Residential zoning district, or twenty (20) dwelling units per acre in
the underlying Business zoning district, may be exceeded in the Riverwalk Mixed Use Overlay
District subject to the provision of non-residential retail and /or office development occupying one
hundred percent (100%) of the first floor of a multi-story mixed use development.
(a) The density bonus may be used to provide additional dwelling units in a mixed use
development beyond the underlying zoning district, up to a maximum density of forty (40)
dwelling units per acre, subject to adherence of all other development standards for the
Riverwalk Mixed Use Overlay District.”
Page 23
Sec. 19-2-260. - Trade Industry District.
(a) Intent. The purpose of the Trade Industry District is to provide for low-intensity industrial, wholesale
and light manufacturing operations in locations that are compatible with Fraser’s developed
residential and commercial areas.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.10.
Table 2.10
Trade Industry District Standards
Minimum Lot Area One-quarter (.25) acre.
Minimum Lot Width One hundred (100) feet.
Minimum Front Yard
Twenty (20) feet. The first fifteen (15) feet of the front
yard shall be used exclusively for landscaping and
ingress and egress.
Minimum Side Yard
None, if building constructed of masonry or fireproof
materials.
Five (5) feet if not constructed of masonry or fireproof
materials.
Minimum Rear Yard Ten (10) feet.
Minimum Stream Setback
Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
plan review.
Maximum Height Forty-five (45) feet.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.10. All accessory structures shall be in conformance with the provisions of
Section 19-2-320 (b).
(e) All site development in the Trade Industry District, including parking, landscaping, lighting, fencing,
and building design, shall be in accordance with Article 4 of this Chapter.
(f) Signs shall be permitted in the Trade Industry District in accordance with Article 6 of this Chapter.
Sec. 19-2-265. Victoria Village Overlay District.
Page 24
(a) Intent. The purpose of the Victoria Village Overlay District is to provide for creating a unique,
walkable neighborhood that brings additional housing options within proximity to downtown Fraser.
(b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340.
Accessory uses shall be in conformance with Section 19-2-320 (a). Temporary land uses are as
shown in Table 2.12 and shall be in conformance with Section 19-2-330.
(c) District standards. Lot and building requirements for principal structures shall be as shown in Table
2.11.
Table 2.11
Victoria Village Overlay District Standards
Minimum Lot Area
Row House: Fifteen hundred (1500) feet; except
corner lots: Twenty-five hundred (2,500) square feet.
Other Residential: Twenty-five hundred (2,500) square
feet per dwelling unit.
Commercial: No minimum requirement.
Minimum Lot Width
Single-family dwelling: Twenty-five (25) feet.
Duplex: Fifty (50) feet.
Row house: Fifteen (15) feet; except corner lots:
Twenty-five (25) feet.
Commercial: No minimum requirement.
Minimum Front Yard
Residential: Ten (10) feet.
Commercial: No minimum requirement. A build–to-line
may be required during site plan review.
Minimum Side Yard
Row houses: Zero (0) feet subject to (h) below.
Zero Lot Line: one (1) side setback must be zero (0)
and the other a minimum of ten (10) feet, subject to (i)
below.
Other Residential: Five (5) feet.
Commercial: No minimum requirement.
Minimum Rear Yard
Residential: Ten (10) feet. See (j) below for garages
adjacent to alleys.
Commercial: No minimum requirement, unless if
adjacent to an alley or service lane: eighteen (18) feet.
Minimum Stream Setback Thirty feet (30) feet; a greater setback of up to a one
hundred fifty (150) feet may be required during site
Page 25
plan review.
Minimum Floor Area Two hundred (200) square feet.
Maximum Height Forty-five (45) feet.
Minimum Required Open Space Thirty-five percent (35%); see (g) below.
(d) Accessory structures. Building requirements for accessory structures shall be as shown for principal
structures in Table 2.11, unless otherwise specified. All accessory structures shall be in
conformance with the provisions of Section 19-2-320 (b).
(e) All site development in the Victoria Village Overlay District, including parking, landscaping, lighting,
fencing, and building design, shall be in accordance with Article 4 of this Chapter.
(f) Signs shall be permitted in the Victoria Village Overlay District in accordance with Article 6 of this
Chapter.
(g) Minimum Required Open Space. For residential development consisting of condominiums,
townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of
the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall
consist of a landscaping plan consistent with the standards in Section 19-4-160 of this Chapter.
(h) Row houses or other single-family dwellings straddling a common lot line must have separate walls
for each unit next to the line. A party wall maintenance agreement must accompany all applications
for dwellings that are to be connected by a party wall. No opening of any kind may be made in any
party wall.
(i) Each dwelling unit on a zero lot line shall have its own deeded and platted lot.
(j) The rear setback for garages abutting a publicly dedicated alley with a width of no less than fifteen
(15) feet may be set back as follows:
(1) With an alley and doors opening directly onto the alley: Five (5) feet.
(2) With an alley but with no doors opening directly onto the alley: Zero (0) feet.
(k) Additional provisions:
(1) The maximum residential density of twenty (20) dwelling units per acre in the underlying
Business zoning district may be exceeded in the Victoria Village Overlay District subject to the
provision of deed-restricted affordable housing dwelling units.
a. For the purposes of this Section, affordable housing is defined as housing for a fam ily that
has an income below eighty percent (80%) of the Area Median Income, as determined for
Grand County by the Colorado Housing and Finance Authority.
b. A minimum of twenty percent (20%) of a residential development shall include a deed-
restriction guaranteeing the provision of the affordable housing dwelling units in perpetuity
to qualify for a density bonus.
Page 26
c. The density bonus may be used to provide additional dwelling units in a development
beyond the underlying twenty (20) dwelling units per acre allowed, up to a maximum
density of forty (40) units per acre, subject to adherence of all other development standards
for the Victoria Village Overlay District.
Sec. 19-2-270. - Measurements and exceptions.
(a) General.
(1) A building, structure, or lot shall not be developed, used, or occupied unless it meets the
maximum height and minimum lot, yard, setback, and open space requirements set forth for the
zoning district in which it is located, except as otherwise established in this Article or unless a
variance has been granted.
(2) All heights shall be measured in accordance with the definition of height in Section 19-2-610 of
this Chapter.
(3) A setback, lot area, lot width or open space required by this Article shall not be included as part of
a setback, lot area, lot width or open space for another building or structure or lot, except as
otherwise provided in this Article.
(4) Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from
thirty six (36) inches above grade upward; provided, however, that fences, walls, trellises, poles,
posts, ornaments, furniture and other customary yard accessories may be permitted in any
setback subject to height limitations and requirements limiting obstruction of visibility.
(5) No structure shall project into any required stream setback, easement or public right-of-way.
(6) A side yard setback does not apply if the side wall of a structure is a party wall.
(b) Projections into Required Yard Setbacks. The following structures may project into required front,
side or rear yard setbacks as follows:
(1) Paved patios or terraces may project into any required yard setback, provided that no
structures placed on them shall violate other requirements of this Article.
(2) Unroofed landings, decks and stairs may project into required setbacks, provided that the floor
shall not extend higher than thirty (30) inches above the finished grade level and the projection
is at least five (5) feet from the lot line.
(3) Fire escapes may project into a required rear yard not more than six (6) feet, provided the
projection is at least five (5) feet from the lot line.
(4) Unroofed exterior balconies may project into a required side or rear yard setback provided
these projections are at least five (5) feet from the side lot line and ten (10) feet from the rear lot
line.
(5) Cornices, canopies, eaves, tongues and hitches for mobile homes, window wells, chimneys,
bay windows, ornamental features, and other similar architectural features may project not
Page 27
more than three (3) feet into any required yard setback provided these projections are at least
five (5) feet from the lot line.
(6) Roofs over porches, stairways, landings, terraces, or other exterior approaches to pedestrian
doorways may project up to six (6) feet into a front yard setback, provided that the roof
projections shall comprise no more than fifty (50) percent of the total length of the building’s
facade. The covered porch or entrance area projecting into the front yard setback shall remain
exterior to the building and enclosed by no more than a railing. The projection shall be at least
five (5) feet from the property line.
(7) Solar collection devices and equipment may project not more than eighteen (18) inches into a
yard setback.
(8) The Town Staff may allow the installation of handicap access ramps in required front, side, and
rear yard setbacks. The design and placement of the ramps shall be reviewed to ensure that:
a. The ramp has minimal visual impact on abutting properties;
b. The width of the ramp does not exceed forty eight (48) inches.
(9) A private garage or carport may project into a required yard setback abutting an alley, provided
the projection is at least five (5) feet from the property line. The private garage or carport shall
be subject to the other requirements of this Article.
(c) Height Exceptions for Appurtenances. Except as specifically provided elsewhere in this Article, the
height limitations contained in this Article do not apply to spires, belfries, cupolas, chimneys, heating
and ventilation equipment, elevator housings, stairwell towers or similar appurtenances ; provided,
however, the following:
(1) The appurtenance does not interfere with FAA Regulations;
(2) The appurtenance does not extend more than ten (10) feet above the maximum permitted
building height, except for church belfries that must be of greater height in order to function;
and
(3) The appurtenance is not constructed for the purpose of providing additional floor area in the
building.
(d) Reduced lot size, width, setbacks and/or floor area. Reduced lot size, width, setback and/or floor
area for a residential dwelling may be approved as a conditional use in accordance with Section 19-
2-340 of this Article, subject to the following provisions:
(1) The minimum lot area may be reduced to twenty one hundred and seventy eight (2178), with a
minimum lot width of twenty (20) feet and a minimum side yard of five (5) feet.
(2) The minimum floor area of the principal structure may be reduced to two hundred (200) square
feet.
Page 28
Division 3 District Uses
Sec. 19-2-310. - Permitted and conditional uses.
(a) Those uses designated as permitted uses on the Schedule of Uses in Section 19-2-340 are allowed
as a matter of right subject to approval of a site plan per Section 19-2-110.
(b) Those uses designated as conditional uses on the Schedule of Uses in Section 19-2-340 are subject
to approval of a conditional use permit in accordance with Section 19-2-120.
Sec.19-2-320. - Accessory uses and structures.
(a) Accessory uses shall comply with all requirements for the principal use, except where specifically
modified by this Section, and shall also comply with the following limitations:
(1) An accessory use shall be clearly incidental, customary to and commonly associated with the
operation of the permitted use.
(2) An accessory use shall be operated and maintained under the same ownership as the
permitted use.
(3) An accessory use shall be located on the same lot as a principal use.
(4) Home occupations may be permitted as an accessory use where allowed by zoning district,
subject to the provisions of Section 19-2-430.
(5) Short-term rentals (less than thirty [30] days) may be permitted as an accessory use to a
residential dwelling in accordance with Chapter 6 of this Code. The long-term renting of rooms
(greater than thirty [30] days) is permitted as an accessory use in all zoning districts.
(6) The storage and sale of crops, vegetables, plants and flowers are permitted as an accessory
use if they are produced on the premises.
(b) Accessory structures shall comply with the following limitations :
(1) No accessory structure shall be built upon a lot until the construction of the principal structure
has been commenced.
(2) Accessory structures shall not be located in the front yard of a principal structure, except for
minor and commonplace accessory structures such as public utility installations, mail boxes,
lamp posts, bird baths and structures of a like nature.
(3) Accessory structures may be built in a required rear yard but such accessory building shall not
occupy more than thirty percent (30%) of the area of a required rear yard and shall not be
nearer than two (2) feet to any side or rear lot line; except that when a garage is entered from
an alley at right angles, it shall not be located closer than five (5) feet to the alley line.
(4) Accessory structures on corner lots shall be set back from each street a distance not less than
that required for the principal structure.
(5) Accessory structures used for dwelling purposes are subject to the Accessory Dwelling Unit
(ADU) standards in Section 19-2-470.
Page 29
(6) Cargo containers may be used as an accessory structure for storage purposes in the Trade
Industry Zoning District only. Cargo containers are prohibited in all other zoning districts.
Sec. 19-2-330. - Temporary and seasonal uses.
(a) Type and location. Temporary uses of land are permitted in any zoning district (unless restricted to
particular zoning districts herein), subject to the specific regulations and time periods listed in Table
2.12, and to the other applicable regulations of the zoning district in which the use is permitted.
Table 2.12
Temporary and Seasonal Uses
Use
Districts
Permitted
Period
Contractor's office/temporary
construction uses.
All Time to be specified; must be terminated
within thirty (30) days of issuance of last
project Certificate of Occupancy for all types
of construction.
Temporary real estate sales office. All except OS Not to exceed eighteen (18) months.
Seasonal or off-site retail sales,
which include, but are not limited to:
sale of seasonal fruits and
vegetables; sale of fireworks; and
sale of Christmas trees.
All except OS
and residential
districts
Not to exceed three (3) months, and
provided that any permits required by law are
obtained.
Flea markets, farmers and artisans
markets, and farm-life activities and
entertainments.
All except
residential
districts
Not to exceed one (1) event per week during
a single continuous six (6) month time period
in any calendar year and provided that any
permits required by law are obtained.
Mobile vending units and transient
merchants
All except
residential
districts
Not to exceed one (1) year, and provided
that any permits required by law are
obtained.
(b) Procedure. All temporary uses are subject to minor site plan approval in accordance with Section 19 -
2-110 of the Article.
(c) Criteria. Temporary and/or seasonal uses are permitted, subject to the following requirements:
(1) Proof of ownership of property or written consent from the property owner is required. If the
temporary and/or seasonal use is located partially or entirely on Town property or public rights -
of-way, Board of Trustees approval is required.
(2) The owner or operator shall have applied for and obta ined a Town special event vendor license
and all applicable state and local taxes shall be collected.
(3) Certificate of liability insurance from the applicant, naming the Town as additional insured in the
event public lands or rights -of-way will be used is required. Such insurance shall be provided in
an amount and form approved by the Town.
(4) All temporary and/or seasonal uses involving the handling of foods are subject to compliance
with the regulations of the Colorado Department of Public Health and Environment.
Page 30
(5) Adequate temporary parking facilities, circulation, ingress and egress shall be provided. Town
Staff may require parking areas to be surfaced with a minimum of two (2) inches of crushed
rock, or other surfaces.
(6) Provision for trash/recycling disposal.
(7) Provision for signage in accordance with Article 6 of this Chapter.
(8) Compliance with all local, state and federal regulations.
(9) Compliance with all requirements of the Public Works Director and Police Chief.
(10) Town Staff may regulate operating hours and days.
(11) Town Staff may regulate screening from adjoining public rights -of-way by temporary walls,
fences and/or landscaping.
(12) Town Staff may apply conditions to regulate nuisance factors, including prevention of glare o r
direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and
vibration.
(13) The subject site shall be restored to its original condition within fourteen (14) days from the date
of termination of the permit. A letter of credit or other approved surety may be required to
ensure that any temporary facilities or structures used will be removed from the site within a
reasonable time following the event, the property will be cleaned of debris and litter, and the
site restored to its original condition.
(d) Exceptions. The following temporary and/or seasonal uses and events are not subject to these
requirements:
(1) Garage and/or yard sales.
Sec. 19-2-340. - Schedule of uses.
Legend: Zoning District
OS: Open Space District
RD: Rural Density District
LDSF: Low Density Single-Family Residential District
LDMF: Low Density Multi-Family Residential District
MDSF: Medium Density Single-Family Residential District
MDMF: Medium Density Multi-Family Residential District
HDMF: High Density Multi-Family Residential District
B: Business District
RMU: Riverwalk Mixed Use Overlay District
VV: Victoria Village Overlay District
TI: Trade Industry District
Legend: Use Type
P: Permitted Use
C: Conditional Use
L: Licensed Use
Page 31
Land Use
OS
RD
LDSF
LDMF
MDSF
MDMF
HDMF
B
RMU
VV
TI
AGRICULTURAL USES
Ranching and farming facilities
P
Reservoirs, dams and water
diversion structures
P
Stables P
COMMERCIAL USES
Art studio P P P P
Business office P P P P
Business support services P P P P
Commercial retail or personal
service < 5000 sq. ft.
P P P P
Commercial retail or personal
service use between 5000 sq.
ft. and 15000 sq. ft.
P C C C
Commercial retail or personal
service use > 15000 sq. ft.
C C
Drive-through business P C C
Eating and drinking
establishments
P P P C
Financial services institution P P C C
Funeral home P C
Hotels P P
Laundry facilities and
laundromats
P P P P C
Kennels P C
Marijuana business L
Medical and dental clinics P P C
Microbrewery or distillery P P C P
Motels P C
Motor vehicle service and repair
facilities
P C
Pawnshops C
INDUSTRIAL USES
Contractor shops and yards C P
Laboratory and research
facilities
C P
Manufacturing, fabrication and
assembly operations
C C
Paint and body shops C P
Outdoor storage C P
Page 32
Land Use
OS
RD
LDSF
LDMF
MDSF
MDMF
HDMF
B
RMU
VV
TI
Storage of vehicles or parts
thereof from towing operations,
used car lots, rental car
operations
C
C
Warehousing and distribution C P
Wholesale trade C P
Workshop and custom small
industry
C
C
P
INSTITUTIONAL USES
Child care center P P P P P P P P
Church or place of worship and
assembly
P P P P P P P P P C
Conference and convention
facilities
P P C
Hospital P C
Performing arts facilities P P C
Private clubs, private dining
areas and civic, cultural and
fraternal organizations
C
P
P
C
C
Public gathering places,
including government facilities,
public meeting halls,
auditoriums, arenas and
outdoor concert venues.
C
C
C
C
C
P
P
C
C
Public transportation terminals P P P C
School, private P P P P P C C P
School, public P P P P P P C
RECREATIONAL USES
Campgrounds
(see Sec. 19-2-420) C
Golf courses P
Open space, designated P
Open space and trails, other
public or private P P P P P P P P P P P
Parks and playgrounds P P P P P P P P P P P
Recreational vehicle (RV)
parks, including the dumping of
waste holding tanks from
recreational vehicles and buses
C
C
RESIDENTIAL USES
Accessory Dwelling Unit (ADU)
(see Sec. Sec. 19-2-470)
P
C
P
P
P
P
P
P
P
Assisted living facility C C P P C C
Bed and Breakfast
(see Sec. 19-2-440)
P
P
P
P
P
P
P
C
P
Boarding and rooming houses
C
C
C
P
C
P
Page 33
Land Use
OS
RD
LDSF
LDMF
MDSF
MDMF
HDMF
B
RMU
VV
TI
Group homes for handicapped
or disabled persons
(see Sec. 19-2- 450)
P
P
P
P
P
P
P
Group homes, other
C
C
C
C
C
C
C
Live/Work unit
P
P
P
C
Mobile homes C
Mobile home parks
(see Sec. 19-2-460)
C
Multi-family dwelling, except as
provided below
P
P
P
P
P
P
Multi-family dwelling up to 4
dwelling units within a building
or on a single parcel of land
P
Multi-family dwelling up to 4
dwelling units within a building
or on a single parcel of land;
except where contiguous lots
are combined to create a single
parcel: up to 12 units
P
Multi-family dwelling units within
a building or on a single parcel
of land; up to 16 shares/
intervals
P
Reduced lot size, width,
setback and/or floor area for a
residential dwelling (See
Section 19-2-265 (d))
C
C
C
C
C
C
C
C
Single-family dwelling P P P P P C P
Single-family dwelling, attached
(connected with one (1) party
wall)
P
P
P
P
C
P
Single-family dwelling on a
zipper lot
C
P
P
P
C
P
Timeshare or interval
ownership residential facilities
P
UTILITIES AND TELECOMMUNICATION FACILITIES
CMRS facility; building-
mounted
(see Sec. 19-2-480)
P
P
P
P
P
P
P
CMRS facility; freestanding
(see Sec. 19-2-480)
C
CMRS facility; roof-mounted
(see Sec. 19-2-480)
P
P
P
P
CMRS facility; small cell
facilities and networks
(see Sec. 19-2-480)
C
P
P
P
P
P
P
P
P
P
P
Page 34
Land Use
OS
RD
LDSF
LDMF
MDSF
MDMF
HDMF
B
RMU
VV
TI
Public utilities and public
service facilities, excluding
business offices and excluding
repair and storage facilities
C
P
P
P
P
P
P
P
P
P
P
Transit facility
P
P
P
OTHER USES
Adult-oriented use C
Home occupations
(see Sec. 19-2-430)
P
P
P
P
P
P
P
P
P
Mixed-use: two (2) or more
uses such as multi-family
residential, commercial retail,
hotel or office uses in the same
development area, building or
group of buildings
P
P
P
Uses pursuant to easements
and licenses
C
Sec. 19-2-350. - Unlisted uses.
(a) Uses not listed in a zone district are prohibited except that such uses may be approved by the Town
Staff provided such uses are found to be similar to a permitted use. The following uses are expressly
prohibited in any zoning district or Planned Development:
(1) Mineral extraction and processing operations.
(2) Salvage yards of any variety.
(3) Rendering plants and operations.
(4) Livestock operations, excluding small horse or cattle boarding lots, or pastures currently located
within the Town.
(5) Chemical manufacturing or storage.
(6) Hazardous waste operations.
(7) Mechanical, domestic or industrial wastewater treatment facilities.
(b) Any person aggrieved by a decision of the Town Staff pursuant to this Section may appeal that
decision to the Planning Commission.
Page 35
Division 4 Supplemental Uses
Sec. 19-2-410 - General requirements for all uses.
(a) All applicable environmental standards of the state of Colorado or the United States government
shall be complied with at all times.
(b) Property owners shall maintain all structures, including buildings, paved areas, accessory buildings
and signs, in the manner required to protect the health and safety of users, occupants, and the
general public. The property shall be deemed substandard when it displays evidence of a substantial
number of dilapidated conditions.
(c) All service, fabrication and repair operations shall be conducted within a building.
(d) The storage of combustible materials shall be not less than twenty (20) feet from any interior lot line,
and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the
property to permit free access of fire trucks at any time.
(e) No materials or wastes shall be deposited upon a subject lot in such form or manner that they may
be transferred off the lot by natural causes or forces. All waste materials shall be stored in an
enclosed area and shall be accessible to service vehicles.
(f) Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by
or otherwise be attractive to rodents or insects shall be stored only in closed containers in required
enclosures.
(g) Manufacturing operations or industrial uses, when permitted in a zone district, are subject to the
following limitations:
(1) No manufacturing operation or industrial use shall create any danger to safety in any area of
the Town.
(2) No manufacturing operation or industrial use shall pollute the environment.
(3) No manufacturing operation or industrial use shall create substantial amounts of offensive
noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.
(4) Uses which are customarily incidental and accessory to the principal uses shall be permitted;
however, residential uses, except caretakers’ quarters, are expressly prohibited.
Sec. 19-2-420. - Campgrounds.
Overnight or short-term camping areas (campgrounds) are subject to the following conditions:
(1) Such areas may be occupied 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.
(2) Each camping space shall be at least five hundred (500) square feet, excluding roads and
parking area, with a minimum width of twenty (20) feet.
(3) Each camping area shall be provided with a central water supply and shall have one (1)
sewage disposal system.
(4) Provisions shall be made for adequate all-weather walkways to each camping space.
Page 36
(5) Camping and parking spaces shall not be constructed 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 drainage system).
(6) Such other terms and conditions as may be reasonably required by the Planning Commission
or Board of Trustees due to special circumstances necessitated by th e location of the proposed
camping areas.
Sec. 19-2-430. - Home occupations.
(a) A home occupation may be allowed in any dwelling as a permitted accessory use, provided that all
the following conditions are met:
(1) The home occupation shall be carried on by the inhabitants living on the premises and not
others.
(2) The home occupation shall be clearly incidental and secondary to the use of the dwelling for
dwelling purposes and shall not change the character thereof.
(3) Any exterior signage shall comply with Article 6 of this Chapter.
(4) There shall be no offensive noise, vibration, smoke, dust, odor, heat, glare other objectionable
conditions noticeable or detectable to the normal senses at or beyond the property line.
(b) A home occupation may include a family child care home, as defined in Section 19-2-610.
Sec. 19-2-440. - Bed and Breakfast establishments.
A Bed and Breakfast establishment may be allowed as a permitted accessory use in all zoning
districts that permit residential uses, 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 6 of this Chapter.
(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, in accordance with Table 4.1 and the associated parking standards in Article 4, Division 2
of this Chapter.
(6) Operators of said establishment shall avoid any illegal, unreasonably danger ous 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 C ode 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
Page 37
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. 19-2-450. - Group homes for handicapped or disabled persons.
(a) Number of persons permitted. A group home with no more than eight (8) handicapped or disabled
residents, as defined in Section 19-2-610, is an allowed use in the zone districts as indicated in
Section 19-2-340. Additional necessary persons required for the care and supervision of the
permitted number of handicapped or disabled persons are allowed. Group homes with more than
eight (8) handicapped or disabled residents will require a conditional use permit, which shall be
reviewed and processed as an application for a reasonable accommodation under the requirements
and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A
group home shall not include any person required to register as a sex offender pursuant to C.R.S. §
18–3–412.5, as amended, unless related by blood, marriage or adoption or in foster care.
(b) Compliance with state and local requirements.
(1) The group home shall maintain compliance with applicable building codes, fire codes, and
health codes based upon the occupancy classification and number of residents and necessary
persons for care of the residents.
(2) The group home shall comply with the parking standards of this Chapter. All commercial
components, such as parking lots and playgrounds, shall be screened and buffered from
neighboring residences and uses.
(3) Copies of any applicable current state or local certifications, licenses or permits for the group
home shall be maintained on the premises.
(c) Compliance with federal requirements. A group home for handicapped or disabled persons shall
quarterly, and otherwise upon request by the Town Staff, provide evidence and/or demonstrate that
the residents in the group home are handicapped or disabled individuals and entitled to protection
under the FHAA, Americans with Disabilities act (ADA), or the federal Rehabilitation Act.
(d) Meetings and gatherings. Meetings or gatherings on-site at a group home for handicapped or
disabled persons that are consistent with a normal residential family setting are allowed and shall
only be for residents, family of residents, and necessary persons required for the support, care and
supervision of the handicapped or disabled persons. This does not permit conducting ministerial
activities of any private or public organization or agency or permit types of treatment activities or the
rendering of services in a manner substantially inconsistent with the activities otherwise permitted in
the particular zoning district. See, C.R.S. § 31-23-303(2) (c).
Sec. 19-2-460. - Mobile home parks.
Page 38
A mobile home park, where permitted, is subject to the following provisions:
(1) A complete engineering design of a proposed mobile home park shall be submitted to and
approved by the Board of Trustees.
(2) Structures shall be separated from each other by at least ten (10) feet, except individual
storage buildings.
(3) All structures shall be located at least fifteen (15) feet from any park area boundary line.
(4) In a mobile home park 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 or fraction thereof for whom it is intended.
(5) A mobile home park shall be furnished with adequate lighting.
(6) All streets shall be surfaced with a hard and dense material which shall be at least twenty-four
(24) feet in width.
(7) A mobile home park shall be provided with safe, convenient, all-season pedestrian access of
adequate width for intended uses.
(8) A public supply of water of satisfactory quantity, quality and pressure shall be pro vided for each
mobile home.
(9) An adequate and safe public sewage system shall be provided in a mobile home park for
conveying and disposing of all sewage.
(10) A mobile home park shall contain an electric wiring system consisting of wires, fixtures,
equipment and appurtenances which shall be installed and maintained in accordance with
applicable codes and regulations governing such systems.
(11) For every ten (10) dependent mobile homes, two (2) toilets for each sex and a service sink shall
be provided in a service building.
(12) All refuse shall be stored in approved containers, which shall be located not more than one
hundred fifty (150) feet from each mobile home space. Containers shall be provided in sufficient
number and capacity to properly store all refuse.
(13) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and
infestation.
(14) A piping system shall be installed and maintained in accordance with applicable code and
regulations governing such systems if natural gas and/or liquefied petroleum gas is provided.
Sec. 19-2-470. - Accessory Dwelling Units.
An accessory dwelling unit (ADU) may be approved as listed on the Schedule of Uses in Section 19-
2-340, provided that an ADU complies with the following criteria:
(1) The size of the ADU shall be subject to the following limitations:
a. The ADU shall contain at least two hundred (200) square feet of floor area;
b. The ADU 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 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 storag e.
Page 39
c. An ADU may be attached to a principal dwelling unit, located in a detached unit or located
in an attached or detached garage.
d. No ADU shall be separated by ownership from the principal dwelling unit.
(2) The ADU shall contain, at a minimum, the following:
a. A kitchen.
b. A bathroom.
c. A separate and independent entry.
(3) The ADU shall have direct access to utilities, utility shutoffs and controls for the ADU as
required by local and state building and electrical codes.
(4) The ADU shall have provisions for parking in accordance with the minimum parking
requirements as established by this Chapter.
(5) The ADU shall include firewall provisions if required by the local building codes.
(6) No ADU shall be allowed on the same lot as a principal residential dwelling that has received
approval for reduced lot size, width, setbacks and/or floor area in accordance with Section 19 -
2-270 of this Chapter.
Sec. 19-2-480. – Telecommunication (CMRS) facilities.
(a) For the purposes of this Article, telecommunication facilities shall be known as Commercial Mobile
Radio Service (CMRS) facilities
(b) Types of CMRS facilities. CMRS facilities, as defined in Section 19-2-610 are comprised of the
following four types, with each type restricted to placement in a zoning district as listed on the
Schedule of Uses in Section 19-2-340:
(1) Freestanding CMRS facilities;
(2) Building or structure-mounted CMRS facilities;
(3) Roof-mounted CMRS facilities; and
(4) Small cell facilities and networks.
(c) Freestanding CMRS facilities.
(1) Height. All freestanding CMRS facilities shall be no taller than the height limit in the relevant
zone district, or thirty five (35) feet, whichever is less.
(2) Front setback. The front yard setback from property lines for freestanding CMRS facilities
adjacent to public or private streets shall be a distance equal to the height of the freestanding
facility or twenty percent (20%) of the height of the antenna support structure and associated
equipment, whichever is greater.
(3) Side and rear setback. Freestanding CMRS facilities shall comply with the side and rear yard
setback requirements for principal structures of the zone districts in which they are located, or
Page 40
the setback shall be twenty percent (20%) of the height of the antenna support structure and
associated equipment, whichever is greater.
(4) Spacing. All freestanding CMRS facilities shall be located at least 1,000 feet from any other
CMRS facility, measured in a straight line between the base of the tower structures.
(5) Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower
unless required by the FCC. If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance or visual impacts to the adjacent properties, while maintaining
compliance with federal standards.
(6) Security fencing. Towers shall be enclosed by security fencing which measures not less than
six feet in height, and shall be equipped with an appropriate anti-climbing device or devices.
(7) Landscaping and screening. No aspect of a freestanding CMRS facility shall be immediately
visible as such to the public or from adjacent properties. The Town encourages, but does not
require, ground-mounted accessory equipment or structures required in support of a
freestanding CMRS facility to be fully incorporated into the freestanding antenna facility itself,
but only that all such accessory equipment be adequately screened. All landscaping associated
with the facility shall be properly maintained at the operator’s expense to ensure good health
and viability.
(d) Building-mounted CMRS facilities.
(1) Location. All building-mounted CMRS facilities are limited to placement on multifamily
residential and non-residential buildings only.
(2) Height. All building-mounted CMRS facilities may protrude no higher than the parapet wall or
the top of the building if no parapet wall is present. A wall antenna may not protrude more than
two feet from the building wall.
(3) Screening. All building-mounted CMRS facilities must match the color and texture of the
building to which they are attached.
(e) Roof-mounted CMRS facilities.
(1) Location. Roof-mounted CMRS facilities are limited to placement atop multifamily residential
and non-residential buildings only.
(2) Height. All roof-mounted CMRS facilities are limited in height to ten (10) feet (including
antennae). In no case shall the total height of the antenna and the building exceed the
maximum building height in the relevant zone district.
(3) Screening. All roof-mounted CMRS facilities shall be screened, designed, and/or colored to be
architecturally compatible with the building upon which they are mounted. Such color, design
and screening is encouraged to mimic the techniques used to screen, color and design other
rooftop equipment.
(f) Small cell facilities and networks.
(1) Applicable requirements. Small cell facilities and small cell networks, as defined at Section 19 -
2-610, shall comply in all respects with the requirements of this Section applicable to
Page 41
freestanding CMRS facilities, with the following exceptions when located in a public right-of-way
or easement:
a. setback requirements;
b. location requirements; and
c. Ground –mounted accessory equipment in rights-of-way shall be located below ground
level.
(2) Location. Small cell facilities are permitted in Town rights-of-way, upon Town facilities in these
rights-of-way and CDOT rights-of-way under the following priority:
a. First, on a Town-owned utility pole, which shall be removed and replaced with a pole
designed to contain all antennae and equipment within the pole to conceal any ground-
based support equipment and ownership of which pole is conveyed to the Town.
b. Second, on a Town-owned utility pole with attachment of the small cell facilities in a
configuration approved by the Town.
c. Third, on a third-party owned utility pole, (with the consent of the owner thereof), with
attachment of the small cell facilities in a configuration approved by the Town.
d. Fourth, on a traffic signal pole or mast arm in a configuration approved by the Town, or in
the case of a CDOT facility, by CDOT.
e. Fifth, on a freestanding or ground-mounted facility in a location and configuration approved
by the Town.
(3) Height. All small cell facilities shall not exceed five (5) feet above the light pole, traffic signal or
other facility or structure to which they are attached, or the maximum height in the relevant zone
district, whichever is less.
(4) Safety and Design. Small cell facilities in the right-of-way shall be designed and located, in the
reasonable judgment of the reviewing official or body, so as to not interfere with the safe
movement of pedestrians and motor vehicles, or otherwise create a safety risk to the public.
Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure
upon which they are located (e.g.: painted to match the structure).
(5) Spacing. Small cell facilities shall not be located within one thousand (1000) feet of any other
small cell facility. This restriction does not apply to spac ing from CMRS facilities in existence on
the effective date of this Chapter.
(6) Permitting. Small cell facilities and networks shall make application for construction and location
through a right-of- way permit approved by the Town. The Town may accept applications for a
small cell network, provided each small cell facility shall be separately reviewed.
(7) Indemnification. The operator of a small cell facility which is permitted to locate on a Town right-
of-way or easement or on a Town-owned utility pole, traffic signal or other structure owned by the
Town shall, as a condition of permit approval, indemnify the Town from and against all liability
and claims arising as a result of that location or attachment, including repair and replacement of
damaged poles and equipment, in a form approved by the Town Staff.
Page 42
(8) Bonding. All permits for location of small facilities on real property or facilities not owned by the
small cell permittee shall include as a condition of approval a bond, in form approved by the Town
Staff, to guarantee payment for any damages to the real property or facilities and removal of the
small cell facility upon abandonment.
(9) Relocation and Removal. All small cell facilities in Town rights-of-way or easements shall be
removed and/or relocated at the applicant’s expense in the event the Town’s use of the right-of-
way or easement precludes the continued presence of such facilities.
(g) Collocation. The shared use of existing freestanding or roof-mounted CMRS facilities shall be
preferred to the construction of new facilities in order to minimize adverse impacts associated with
the proliferation of towers. The following collocation requirements apply:
(1) No CMRS application shall be approved to construct a new freestanding or roof-mounted
CMRS facility unless the applicant demonstrates to the reasonable satisfaction of the Town that
no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can
accommodate the applicant's needs. Evidence submitted shall consist of one or more of the
following:
a. No existing CMRS facilities are located within the geographic area required to meet the
applicant's coverage demands.
b. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's
coverage demands and cannot be extended to such height.
c. Existing CMRS facilities or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
d. Existing CMRS facilities or structures do not have adequate space on which propose d
equipment can be placed so it can function effectively and reasonably.
e. The applicant's proposed antenna would cause electromagnetic interference with the
antennas on the existing CMRS facility, or the antennas on the existing facility would cause
interference with the applicant's proposed antenna.
f. The applicant demonstrates that there are other compelling limiting factors, including but
not limited to economic factors, that render existing CMRS facilities or structures
unsuitable.
(2) No CMRS facility owner or operator shall unreasonably exclude a telecommunication
competitor from using the same facility or location. Upon request by the Town, the owner or
operator shall provide evidence and a written statement to explain why collocation is not
possible at a particular facility or site.
(3) If a telecommunication competitor attempts to collocate a CMRS facility on an existing or
approved CMRS facility or location, and the parties cannot reach an agreement, the Town may
require a third-party technical study to be completed at the applicant's expense to determine
the feasibility of collocation.
(4) Applications for new freestanding CMRS facilities shall provide evidence that the (new) facility
can accommodate collocation of additional carriers.
Page 43
(h) Standards for Ground-Mounted Accessory Equipment. Ground-mounted accessory equipment and
structures that are associated with a freestanding, roof -mounted or building-mounted CMRS facility
are subject to the following requirements and shall be evaluated with the associated CMRS facility
application.
(1) Ground-mounted accessory equipment shall be subject to the accessory structure setback
requirements, if any, in the underlying zone district.
(2) Ground-mounted accessory equipment or buildings containing accessory equipment shall not
exceed 12 feet in height.
(3) Ground-mounted accessory equipment not fully enclosed in a building shall be screened from
all adjacent residential properties and public rights-of-way by landscaping, fences or
architectural features, or by undergrounding.
(4) Buildings containing ground-mounted accessory equipment shall be architecturally compatible
with the existing structures on the property and the character of the neighborhood.
(i) Safety standards. All CMRS facilities shall conform to the requirements of the I nternational Building
Code, or National Electrical Code, as applicable.
(j) Review procedures.
(1) All building and roof-mounted CMRS facilities and small cell facilities and networks, and eligible
telecommunication facility requests as defined at Section 19-2-610, shall make application as a
minor site plan, under Section 19-2-110.
a. Applications for modifications to an existing facility which are not a “substantial change” and
are “eligible facilities requests,” shall provide all information reasonably required by the
Town to determine whether the request meets the requirements for being an eligible facility
request that is not a “substantial change” in the physical dimensions of the support
structure, as those terms are defined at Section 19-2-610. The applicant shall not be
required to demonstrate a need or business case for the proposed modification or
collocation.
b. For all other applications for all other building or roof-mounted facilities, or to place
additional antennas on existing freestanding facilities, the applicant shall submit all
materials specified in Appendix 1.
(2) Applications for freestanding CMRS facilities shall be reviewed by the Planning Commission and
Board of Trustees as conditional uses pursuant to the procedure and review criteria in Section
19-2-120, as well as the review criteria of this Section. The applicant shall submit all materials
specified in Appendix 1.
(k) Eligible telecommunication facility request. The review of an eligible telecommunication facility
request, as defined in Section 19-2-610, shall be subject to the following additional specific
procedures:
(1) The Town Staff shall approve an eligible telecommunications facility request that does
not substantially change the physical dimensions of an eligible tower or base station.
Page 44
(2) The Town Staff may approve an eligible telecommunications facility request that
substantially changes the physical dimensions of a tower or base station if it complies
with the requirements for freestanding CMRS facilities.
(3) The Town Staff may condition the approval of an eligible telecommunications facility
request on compliance with generally applicable building, structural, electrical and
safety codes or with other laws codifying objective standards reasonably related to
public health and safety.
(4) Denial of an eligible telecommunications facility request shall be in writing and s hall
include the reasons for denial.
(l) Review deadlines. In compliance with federal law and regulations, the Town shall review and act
upon all CMRS applications within the following time periods:
(1) Within thirty (30) days the Town will give written notice of incompleteness, specifying the Code
section that requires the information. This halts the remaining deadlines until a complete
application is filed.
(2) An eligible telecommunications facilities request shall be approved or denied by the Town
within sixty (60) calendar days of the date of the Town’s receipt of the competed application.
This time period may be tolled only by mutual agreement or when an application is incomplete.
(3) If the Town fails to approve or deny an eligible telecommunications facility reques t within sixty
(60) calendar days of the date of the Town’s receipt of the completed application (accounting
for any tolling), the request shall be deemed granted; provided that this automatic approval
shall become effective only upon the Town’s receipt of written notification from the applicant
after the review period has expired (accounting for any tolling) indicating that the application
has been deemed granted.
(4) Within ninety (90) days the Town will act on collocation applications that are not a substantial
change in the size of a tower, or location or collocation applications for a small cell facility or
small cell network, or replacement or modification of the same.
(5) Within one hundred and fifty (150) days the Town will act on applications for new CMRS
facilities, collocation applications that are a substantial increase in the size of the tower or
substantial increase an existing CMRS facility that are not a small cell facility or small cell
network.
(l) Discontinuance and abandonment. All CMRS providers shall notify the Town when they place the
FCC on notice, via the filing of FCC form 489, that a specific CMRS facility is being discontinued.
Antennas and support structures, which are not in use for six (6) months for CMRS purposes, shall
be removed by the CMRS facility owner. This removal shall occur within sixty (60) days of the end of
the six (6) month period. Upon removal, the site shall be restored to blend with the surrounding
environment. If an abandoned facility is not removed within the required time frame the Town shall
remove the facility and bill the property owner upon which the facility is located for the cost incurred
for the removal. In the event the property owner fails, within thirty (30) days after billing, to pay for
the cost and expenses of removal the Town may assess a lien against the property for such costs
which may be certified to the Grand County Treasurer for collection in the same manner as real
Page 45
property taxes under CRS 31-20-105 and 106. The lien created hereby shall be superior and prior
to all other liens excepting liens for general and special taxes.
Page 46
Division 5 - Nonconforming uses and structures
Sec. 19-2-510. - Intent.
Within the zone districts established in this Chapter, there exist lots, structures, and uses of land and
structures which were lawfully established before this Chapter was adopted or amended, but which would
be prohibited, regulated or restricted under the terms of this Chapter. It is the intent of these r egulations to
permit such nonconformities to continue until they are destroyed or removed, but not to allow them to be
enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses
prohibited elsewhere in the same zone district.
Sec. 19-2-520. – Nonconforming uses.
Where at the time of the adoption of this Chapter or amendments thereto, lawful uses of buildings or
structures, or lawful uses of land, or lawful uses of structures and land exist which would not be permitted
by the regulations imposed by this Chapter, the use may be continued so long as it remains otherwise
lawful, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extend in intensity of use, nor
extended to occupy a greater area of land than was occupied at the effective date of adoption
or amendment of this Chapter.
(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel
other than that occupied by such use at the effective date of adoption of this Chapter.
(3) If any such nonconforming use of land ceases for any reason for a period of nine (9) months,
any subsequent use of such land shall conform to the regulations specified by this Chapter for
the zone district in which such land is located. Intent to resume active operation shall not affect
the foregoing.
(4) No additional structure not conforming to the requirements of this Chapter s hall be erected in
connection with such nonconforming use of land.
Sec. 19-2-530. – Nonconforming structures.
Where a lawful structure at the effective date of the adoption or amendment of this Chapter that
could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height,
yards, its location on the lot, or other requirements concerning the structure, may be continued so long as
it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in any way which increases its
nonconformity, including an increase in floor area, but any structure or portion thereof may be
altered to decrease its nonconformity.
(2) Should such nonconforming structures or nonconforming portion of a structure be destroyed or
partially destroyed by fire or other natural cause, it may be restored to its original condition,
provided that actual reconstruction is begun within six (6) months of such calamity and
completed within one (1) year of the time reconstruction is commenced it shall not be
reconstructed except in conformance with the provisions of this Chapter.
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(3) No building or structure which does not conform to all of the regulations of the district in which it
is located shall be moved in wholly or in part to another location unless every portion of such
building or structure is moved and the use thereof is made to conform to all regulations of the
district into which it is moved.
Sec. 19-2-540. – Repairs and maintenance.
(a) Ordinary repairs and maintenance of a nonconforming building shall be permitted.
(b) A nonconforming building may be structurally altered and repaired in any way permitted by these
regulations, provided that no alterations or repairs shall be made in a nonconforming b uilding which
would increase the degree of nonconformity with the location and bulk regulations of this Chapter.
(c) If a nonconforming structure or portion of a structure containing a nonconforming use becomes
physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by reason of physic al condition, and the same is not
repaired as permitted by Subsection (2) above, it shall not thereafter be restored, repaired, or rebuilt
except in conformity with the regulations of the zone district in which it is located.
Sec. 19-2-550. – Nonconforming lots of record.
(a) Where, at the effective date of the adoption of this Chapter, a lot of record was in separate
ownership and cannot meet the minimum requirements for area or width, a single -family dwelling
and customary accessory structures may be erected on any single lot of record provided such lot is
in separate ownership and not of continuous frontage with other lots in the same ownership. Without
limiting the generality of the foregoing, any previously platted lot of 2178 square feet or greater ,
which lot is in existence as of the adoption of this Section on ___________, 2018 , may be developed
for a single-family detached, single-family attached, or multi-family dwelling for each 2178 square
feet of area within such lot as permitted uses in those zone districts which permit such dwellings,
without any requirement for a conditional use permit.
Sec. 19-2-560. – Legal nonconforming signs.
Any sign located within the boundaries of the Town that does not conform with the provisions of
Article 6 of this Chapter but which was in compliance with applicable law on the date of adoption of the
initial ordinance codified herein or the date of annexation, whichever is applicable, or which became
nonconforming as a result of subsequent amendments incorporated into Article 6 of this Chapter, shall
qualify as a legal nonconforming sign. Legal nonconforming signs may be continued to be maintained,
provided that such signs are kept in good repair and so long as such signs are not relocated, replaced or
structurally altered. Changing light bulbs or ballasts, replacing or repainting sign faces or repainting the
sign frame that represents no change in the use of the facility or overall size of the sign shall not be
considered replaced or structurally altered, but shall be considered maintenance as required to be
performed by Section 19-2-540.
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Division 6 Definitions
Sec. 19-2-610. - Words and terms.
The following words and phrases shall have the following meanings when used in this Chapter,
unless the context otherwise requires:
Accessory building or structure means 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. See figure below.
Adult-oriented use means a use of property where the principal use, or a significant or
substantial adjunct to another use, of the property is the sale, rental, display or other offering of live
entertainment, dancing or material which is distinguished or characterized by its emphasis on
depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas
as the primary attraction to the premises, including but not limited to:
a. Adult arcade means any place to which the public is permitted or invited wherein coin-
operated, slug-operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors or other image-producing devices are maintained to
show images to five (5) or fewer persons per machine at any one (1) time, and where the
images so displayed are distinguished or characterized by the depicting or describing of
specified sexual activities or specified anatomical areas.
b. Adult bookstore or adult video store means a place where books, magazines, motion
pictures, prints, photographs, periodicals, video or audio recordings, novelties and devices
or any of these things, which have as their primary or dominant theme matter depicting,
illustrating, describing or relating to specified sexual activities or specified anatomical
areas, are sold or offered for sale to adults and includes a place with only a portion or
section of its area set aside for the display or sale of such material to adults, except that
any place, otherwise included within this definition, that derives not more than ten percent
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(10%) of its gross income from the sale of such material shall be exempt from the
provisions of this Section so long as such material is kept in a location where it is not
visible and shall not be a self-service item for the customers of such place.
c. Adult cabaret means a nightclub, bar, restaurant or similar business which regularly
features:
1. Persons who appear in a state of nudity;
2. Live performances which are characterized by the exposure of specified anatomical
areas or by specified sexual activities; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified sexual activities or
specified anatomical areas.
d. Adult motel means a hotel, motel or similar business which offers private rooms to the
public and provides patrons with live performances or closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
e. Adult motion picture theater means a business where films, motion pictures, video
cassettes, slides or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of specified sexual activities or specified
anatomical areas.
f. Adult theater means a theater, concert hall, auditorium or similar business which regularly
features persons who appear in a state of nudity or live performances which are
characterized by the exposure of specified anatomical areas or by specified sexual
activities.
g. Adult photo studio means any establishment which, upon payment of a fee, provides
photographic equipment and/or models for the purpose of photographing specified
anatomical areas.
h. Peep booth means a viewing room, other than a private room, of less than one hundred
fifty (150) square feet of floor space upon the premises of a sexually oriented business
where there are exhibited photographs, films, motion pictures, video reproductions, slides
or other visual representations which depict or describe specified sexual activities or
specified anatomical areas.
i. Private room means a room in an adult motel that is not a peep booth, has a bed in the
room, has a bath in the room or adjacent to the room, and is used primarily for lodging.
j. Sexual encounter establishment means a business or commercial establishment which,
as one (1) of its primary business purposes, offers for any form of consideration a place
where two (2) or more persons may congregate, associate or consort for the purpose of
specified sexual activities or the exposure of specified anatomical areas, when one (1) or
more of the persons exposes any specified anatomical area.
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k. Sexually oriented business means an adult arcade, adult bookstore, adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter
establishment or other similar business and includes:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business,
to a sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented
business;
4. The relocation of any sexually oriented business; or
5. The continuation of a sexually oriented business in existence on the effective date of
the initial ordinance codified herein.
l. Specified anatomical areas means:
1. Less than completely and opaquely covered: human genitals, pubic region, buttocks
and female breast below a point above the top of the areola.
2. Human male genitals in a discernibly turgid state even if completely and opaquely
covered.
m. Specified sexual activities means acts, simulated acts, exhibitions, representation,
depictions or descriptions of:
1. Human genitals in a state of sexual stimulation or arousal.
2. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
3. Intrusion, however slight, of any object, any part of an animal's body, or any part of a
person's body into the genital or anal openings of any person's body or into the body
of an animal.
4. Cunnilingus, fellatio, analingus, masturbation, bestiality, lewd exhibition of genitals or
excretory function.
5. Flagellation, mutilation or torture for the purposes of sexual arousal, gratification or
abuse.
n. Stage means a raised floor or platform at least three (3) feet above the surrounding floor
measured perpendicularly from the edge of the stage to the surrounding floor and at least
thirty- six (36) square feet in area.
Assisted living facility means a residential facility that provides meals and assistance with daily
activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to
manage these activities themselves.
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Base station means a station at a fixed location, other than a freestanding CMRS facility, that
enables wireless communication between user equipment and a communications network, including
any associated equipment such as, but not limited to, radio transceivers, antennas, coaxial or fiber -
optic cable, and regular and backup power supply. It includes a structure that currently supports or
houses an antenna, transceiver, or other associated equipment that constitutes part of a base
station. It may encompass such equipment in any technological configuration, including distributed
antenna systems and small cells.
Bed and Breakfast means a business providing rooms and use of bath facilities to tourists on a
nightly basis, for compensation, which business is incidental to the use of the premises for residential
purposes.
Boarding and rooming house means a building or portion thereof which is principally used to
accommodate, for compensation, five (5) or more boarders or roomers, not including members of the
occupant's immediate family who might be occupying such building. The compensation shall include
compensation in money, services or other things of value.
Business office means a place of business where clerical or professional duties are performed.
Business support services means establishments engaged in the sale, rental or repair of
equipment, services and supplies used by office, professional and service establishments to
businesses rather than individuals; excluding however, automotive, construction and farm
equipment. Typical uses include staffing, office space, printing and copying, among other uses.
Cargo container means a container designed and constructed to contain or carry freight,
including semi-trailers without running gear, railroad car units and shipping containers. Cargo
containers do not include mobile homes, manufactured homes, factory -built homes, travel trailers,
commercial coaches or other metal storage boxes not built to International Standards Organization
container specifications. For the purposes of this Article, a cargo container is considered an
accessory structure.
CDOT means the Colorado Department of Transportation.
Child care center means a facility that is not a residence, is licensed by the State, and is
maintained for the whole or part of a day for the care of children under the age of sixteen (16) years
not related to the owner, operator or manager thereof, whether such facility is operated with or
without compensation for such care and with or without stated educational purposes pursuant to
Section 26-6-102(1)(6), C.R.S.; including without limitation facilities commonly known as day care
centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps,
summer camps and centers for developmentally disabled children, except that the term shall not
apply to any kindergarten maintained in connection with a public, private or parochial element ary
school system.
Church or place of worship and assembly means a building containing a hall, auditorium or
other suitable room or rooms used for the purpose of conducting religious or other services or
meetings of the occupants of such structure. Church or place of worship and assembly shall include
churches, synagogues or the like, but shall not include buildings used for commercial endeavors,
including but not limited to commercial motion picture houses or stage productions.
Commercial mobile radio service (CMRS) accessory equipment means equipment, including
unmanned cabinets, used to protect and enable operation of radio switching equipment, back -up
power and other devices, but not including antenna, that is necessary for the operation of a CMRS
facility.
a. Ground-mounted CMRS accessory equipment means equipment, including unmanned
cabinets, located on or beneath the ground, used to protect and enable operation of radio
switching equipment, back-up power and other devices, but not including antenna, that is
necessary for the operation of a CMRS facility including base stations.
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Commercial mobile radio service (CMRS) facility means an unmanned building or structure
consisting of equipment for the reception, switching and transmission of wirele ss
telecommunications, including, but not limited to, personal communications service (PCS), enhanced
specialized mobile radio (ESMR), paging, cellular telephone and similar technologies.
a. Building or structure-mounted CMRS facility means a CMRS facility in which antenna are
mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face,
but excluding roof-mounted facilities.
b. Freestanding CMRS facility means a CMRS facility that consists of a stand-alone support
facility or tower (monopole and/or lattice structure), antennae, and associated equipment.
c. Roof-mounted CMRS facility means a CMRS facility in which antenna are mounted on an
existing building roof.
d. Small cell facility means a wireless service facility that meets both of the following
qualifications:
1. Each antenna is located inside an enclosure of no more than three cubic feet in volume
or, in the case of an antenna that has exposed elements, the antenna and all of its
exposed elements could fit within an imaginary enclosure of no more than three cubic
feet; and
2. Primary equipment enclosures are not larger than seventeen cubic feet in volume. The
following associated equipment may be located outside of the primary equipment
enclosure and, if so located, is not included in the calculation of equipment volume:
Electric meter, concealment, telecommunications demarcation box, ground -based
enclosures, back-up power systems, grounding equipment, power transfer switch, and
cut-off switch.
e. Small cell network means a collection of interrelated small cell facilities designed to deliver
wireless service.
Density means the ratio of the number of dwelling units per gross acre of the entire
development parcel.
Dependent mobile home means any mobile home that does not have a flush toilet and a bath or
shower.
Drive-through business means any establishment, building or structure where service is
provided to the customer from an automobile service window with access provided by a drive -
through lane incorporated into the site design.
Dwelling means any building or portion thereof which is used as the private residence or
sleeping place of one (1) or more human beings, but excluding hotels, motels, tourist courts,
boarding houses, lodging houses, resort cabins, hospitals or similar uses.
Dwelling, multi-family means a building on one lot containing three (3) or more dwelling units
arranged either side by side or one above the other.
Dwelling, single-family means a detached building designed exclusively for occupancy by one
(1) family.
Dwelling, single-family attached means a residential building containing two (2) dwelling units
arranged either side by side or one above the other.
Dwelling unit means one (1) or more rooms in a dwelling designed for occupancy by one (1)
family for living purposes and having not more than one (1) kitchen.
Dwelling unit, accessory means one (1) or more rooms in a dwelling designed for occupancy by
one (1) family for living purposes, incidental and subordinate in size and character to the primary
residence and having not more than one (1) kitchen.
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Eligible telecommunications facility request means any request for modification of an existing
tower or base station that does not substantially change the physical dimensions of such tower or
base station and that involves the collocation of new transmission equipment, the removal of
transmission equipment or the replacement of transmission equipment.
Family means one (1) 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.
Family child care home means a facility licensed by the State for child care in a place of
residence of a family or person for the purpose of providing less than twenty -four-hour care for
children under the age of eighteen (18) years who are not rel ated to the head of such home;
provided that:
a. Care may be provided for up to six (6) children from birth to thirteen (13) years of age with
no more than two (2) children under two (2) years of age. This does not prohibit the care of
children with special needs ages thirteen (13) to eighteen (18);
b. Care may also be provided for no more than two (2) additional children of school age
attending full-day school. School-age children are children enrolled in a kindergarten
program a year before they enter the first grade and children six (6) years of age and older;
and
c. Residents of the home under twelve (12) years of age who are on the premises and all
children on the premises for supervision are counted against the approved capacity.
Farmer's market means a space and/or structure used primarily for the sale of foodstuffs by the
grower.
FCC means the Federal Communications Commission.
Financial services institution means a facility engaged in deposit banking or extending credit in
the form of loans.
Floor area means the area on each floor of a building included within the surrounding exterior
walls.
Funeral home means a building used for the preparation of the deceased for burial or
cremation, for the display of the deceased and/or for ceremonies or services related thereto,
including cremation and the storage of caskets, funeral urns, funeral vehicle and other funeral
supplies.
Garage means a building or portion of a principal building on the same lot that is used for the
storage only of private, passenger motor vehicles.
Group home for the handicapped or disabled means a state-licensed home for eight (8) or
fewer persons with mental or physical impairments which substantially limit one or more major life
activities and including such additional necessary persons required for the care and supervision of
the permitted number of handicapped or disabled persons. “Handicap” and “disability” have the
same legal meaning. A person with a disability is any person who has a physical or mental
impairment that substantially limits one of more major life activities; has a record of such impairment;
or is regarded as having such an impairment. A physical or mental impairment includes, but is not
limited to, hearing, visual, and mobility impairments, alcoholism, drug addiction, mental illness,
mental retardation, learning disability, head injury, chronic fatigue, HIV infection, AIDS, and AIDS
Related Complex. The term “major life activity” may include seeing, hearing, walking, breathing,
performing manual tasks, caring for one’s self, learning, speaking, or working. Group homes for
handicapped or disabled persons, particularly as they relate to recovering (not currently using)
alcoholics and persons with drug addictions, may also be known as sober living arrangements.
Height means the vertical distance above a reference datum measur ed to the highest point of a
flat roof or deck line of a mansard roof or the midpoint of the highest gable of a pitched or hipped
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roof. The height of a stepped or terraced building is the maximum height of any segment of the
building. The reference datum shall be selected by either of the following, whichever yields a greater
height of building:
a. The point of the lowest preconstruction elevation on any building face. The owner shall
have the burden of proving pre-construction elevation.
b. The point of the lowest elevation of any building face.
c. The elevation of the lowest point of an exposed foundation or a wall.
Home occupation means any business use which is conducted within a dwelling by the
inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for
dwelling purposes and does not change the character of the dwelling, excluding therefrom su ch uses
as a medical clinic, hospital, barber shop, beauty parlor, tea room, animal hospital, retail sales,
repair services or any similar use generating more than occasional and minimal vehicular and
pedestrian traffic.
Hospital means an institution providing health services primarily for human in-patient medical or
surgical care for the sick or injured and including related facilities such as laboratories, out-patient
departments, training and central services facilities and staff offices.
Hotel, motel, boarding or lodging house means 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.
Kennel means a facility licensed to house dogs, cats or other household pets overnight and/or
where breeding, training and/or selling of animals is conducted as the primary business.
Kitchen means a room or portion of a room or structure used for the primary preparation and
cooking of meals and which contains, at a minimum, a kitchen sink, refrigeration facility and cooking
appliance.
Litter means all rubbish, waste material, refuse, garbage, trash, debris or other foreign
substance, solid or liquid, of every form, size, kind and description.
Lot, used interchangeably with the term parcel, means a tract, plot or portion of a subdivision or
other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of
ownership or possession or for building development. A piece of property which exists by virtue of a
separate legal description or a separate deed, either of which has been recorded in the office of the
County Clerk and Recorder.
Lot area means the number of square feet included within a lot, measured by multiplying the lot
width by the lot depth. See figure below.
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Lot coverage means the area of a lot covered by buildings, structures, drives, parking and other
impervious surface areas. See figure below.
Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1)
street line shall be considered a front line, and the shorter street frontage shall be considered the
front line.
Lot line, rear means the line opposite the front lot line.
Lot line, side means any lot lines other than front lot lines or rear lot lines.
Lot width means the distance between side lot lines measured at the front lot line.
Manufactured home means a single-family dwelling which is partially or entirely manufactured
in a factory; is not less than twenty-four feet in width and thirty-six feet in length; is installed on an
engineered permanent perimeter foundation; has brick, wood, or cosmetically equivalent ex terior
siding and a pitched roof; conforms to the Building Code; and is certified pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as
amended. Pre-sectionalized, modular or prefabricated housing which does not meet this definition is
considered a mobile home.
Manufacturing, fabrication and assembly operations means a manufacturing establishment
primarily engaged in the fabrication or assembly of products from pre-structured materials or
components. Because of the nature of its operations and products, little or no noise, odor, vibration,
glare and/or air and water pollution is produced and, therefore, there is minimal impact on
surrounding properties.
Medical and dental clinics means an establishment operated by one (1) or more duly licensed
members of the human health care professions, including but not limited to physicians, dentists,
chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are
admitted for examination and/or treatment.
Microbrewery means an establishment that makes its own beer and sells at least fifty percent
(50%) on the premises.
Mixed-use building means a building designed, planned and constructed as a unit, used
partially for residential use and partly for commercial uses, including but not limited to office, retail,
public uses, personal services or entertainment uses.
Mobile home means any dwelling unit containing a kitchen, bath and sleeping quarters
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 -
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permanently attached to a foundation and connected to water and sewer mains does not lo se its
identity as a mobile home by reason thereof. This classification includes trailers, house trailers,
trailer coaches and mobile homes. A mobile home meeting the Building Code and placed on a
permanent foundation is regulated under this Chapter in the same manner as a conventional home.
Mobile Home Park means 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.
Motel or hotel means a building designed for occupancy as the temporary abiding place (thirty
[30] days or less) of individuals who are lodged with or without meals, and with such building having
six (6) or more guest rooms.
Motor vehicle service and repair facility means any building, land area, premises or portion
thereof, where gasoline or other petroleum products or fuels are sold and/or automotive
maintenance activities may be conducted.
Nonconforming means failing to meet all of the requirements of this Chapter.
Office means a building or tenant space for the conduct of general business activities and
transactions, where storage, sale or display of manufactured goods on the premises is not allowed.
Open space, designated means any interest in real property owned by the Town which,
whether acquired by purchase, donation, condemnation or any other means, has been dedicated by
ordinance as designated open space.
Open space, required means land which is free of any structures (except those permitted
below) and conveyed to a homeowners association in accordance with Article 3 of this Chapter .
The following areas qualify for meeting the open space requirement in a development:
a. Landscaping areas, strips, planters, gardens, etc., with a minimum dimension in any
direction of five (5) feet, and a minimum overall size of fifty (50) square feet.
b. Natural areas, such as stream channels or steep slopes.
c. Outdoor recreational facilities, including on-grade plazas, swimming pools, hot tubs, tennis
courts, playfields, golf courses, trails, sidewalks, disabled ramps, picnic areas, access
corridors to public lands, and all other similar outdoor areas.
d. Uncovered decks and patios.
e. One-story detached accessory buildings not requiring a bu ilding permit
The following areas do not qualify for meeting the open space requirement in a development:
a. Driveways, parking, and loading areas.
b. Any areas covered with a structure.
c. Stairways.
d. Any areas that do not meet the minimum dimensions listed above.
Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk,
material, merchandise or vehicles in the same place for more than twenty -four (24) hours.
Party wall means a wall separating and common to two dwelling units or building units.
Recreation area means 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.
Row house means three (3) or more dwelling units, each with its own outside entrance, which
are joined by a common party wall and are on adjoining individual lots. Also termed a townhome.
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School, private means a preschool, elementary, secondary, post-secondary, vocational or
technical school that is established, conducted and primarily supported by a nongovernmental
agency.
School, public means a tax-supported school that is controlled and operated by a School
District and/or taxing district (i.e. Jr. College District, Board of Regents, etc.).
Setback means the required minimum distance between the lot line and the closest projection
of a building or structure, measured at a right angle to the lot line Where angled buildings, lots or
curved streets exist, the setback may be taken as an average distance. Setbacks shall be
unobstructed from the ground to the sky except as otherwise specifically allowed in this Article. See
figure below.
Setback, front yard means a setback that extends across the full width of a lot or site, the depth
of which is the distance between the front lot or property line and the closest projection of a building
or structure along a line at right angles to the front lot line, excluding allow able projections set forth in
this Article.
Setback, rear yard means a setback that extends across the full width of a lot or site, the depth
of which is the distance between the rear lot line and the closest projection of a building or structure
along a line at right angles to the rear lot line, excluding allowable projections set forth in this Article.
Setback, side yard means a setback that extends from the rear line of the required front
setback, or the front property line of the site where no front s etback is required, to the front line of the
required rear setback, or the rear property line of the site where no rear setback is required, the
width of which is the distance between the side lot or property line and a line parallel thereto on the
site.
Stable means any building, structure or shed, whether or not entirely or partially enclosed by a
roof and/or walls, in which animals are kept. Stables must meet State of Colorado regulations
regarding animal husbandry.
Substantial change means a modification which substantially changes the physical dimensions
of an eligible support structure if it meets any of the following criteria, including a single change or a
series of changes over time whether made by a single owner or operator or different
owners/operators over time, when viewed against the initial approval for the support structure:
a. For towers other than towers in the public rights-of-way, it increases the height of the tower
by more than 10% or by the height of one additional ant enna array with separation from the
nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible
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support structures, it increases the height of the structure by more than 10% or more than
ten feet, whichever is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated horizontally, such as
on buildings’ rooftops; in other circumstances, changes in height should be measured from
the dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the federal Spectrum Act,
effective February 22, 2012;
b. For towers other than towers in the public rights -of-way, it involves adding an appurtenance
to the body of the tower that would protrude from the edge of the tower more than twenty
feet, or more than the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support struct ures, it involves adding an
appurtenance to the body of the structure that would protrude from the edge of the
structure by more than six feet;
c. For any eligible support structure, it involves installation of more than the standard number
of new equipment cabinets for the technology involved, but not to exceed four cabinets; or,
for towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated
with the structure, or else involves installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets associated with the
structure;
d. It entails any excavation or deployment outside the current site ;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the original siting approval of the
construction or modification of the eligible support structure or base station equipment ,
provided however that this limitation does not apply to any modification that is non -
compliant only in a manner that would not exceed the thresholds identified in paragraphs 1
through 6 of this definition.
Timeshare or interval ownership unit means single-family or multifamily dwelling, condominium
or townhouse units that have been further subdivided into a stated number of additional interests in
the unit, defined by the period of time during which the owner of the share may occupy it. Shares
may be of two (2) types: first, fee timeshares or interval estates, wherein diverse owners each own a
present estate for years terminating on a date certain coupled with a future remainder interest in the
unit as a tenant in common with the other diverse owners; seco nd, time span estates operating on a
tenancy in common principle coupled with an exclusive right to use and occupy the unit during a
fixed annual recurring period of time. For purposes of this Chapter, a Timeshare or interval
ownership unit is not considered a short-term rental as defined in Chapter 6-8-20 of this Code.
Tower means any freestanding structure designed and constructed primarily for the purpose of
supporting one (1) or more FCC-licensed or authorized antennae, including self-supporting lattice
towers, guy towers and monopole towers, radio and television transmission tow ers, microwave
towers, common carrier towers, cellular telephone towers and other similar structures. The term
also includes any antenna or antenna array attached to the tower structure.
Tower Height (average) means, when referring to a tower, the distanc e measured from the
average ground level to the highest point on the tower or other structure, even if said highest point is
an antenna.
Transit facility means a meeting point of several routes or lines or of different modes of
transportation. It is located on or off the street and is designed to handle the movement of transit
units (vehicles or trains) and the boarding, alighting and transferring of passengers between routes,
lines or different modes.
Travel trailer means any vehicle or similar portable structure designed without a foundation
other than wheels, jacks or skirts, and so designed or constructed as to permit occupancy for living
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or sleeping purposes, provided that any such structure over thirty-three (33) feet in total length,
including hitch and bumper, shall be considered a mobile home for purposes of this Article.
Truck camper means 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.
Use means the purpose for which any land, structure or building is designed, maintained or
occupied.
a. Principal use means the main use of land or of a structure as distinguished from a
temporary or accessory use.
b. Temporary and/or seasonal use means a use which is permitted only for a limited
duration.
c. Accessory use means a use customarily associated with, but subordinate to, the
principal use on the same lot.
Wholesale trade means an establishment primarily engaged in selling durable and nondurable
goods to retailers, to industrial, commercial, institutional, farm, building trade contractors or
professional business uses or to other wholesalers. Activities may include physically assembling,
sorting and grading goods into large lots and breaking bulk for redistribution in smaller lots in such a
way as to have a minimal impact on surrounding properties.
Workshop and custom small industry means a facility wherein goods are produced or repaired
by hand, using hand tools or small-scale equipment, including small engine repair, furniture making
and restoring, upholstering, restoration of antiques and other art objects or other similar uses.
Yard means the space surrounding a building or structure that is unoccupied and open to the
sky.
Yard, front means a yard extending across the full width of the lot between the fro nt lot line and
the nearest line or point of a building or structure, except in those cases involving curved or angular
lots, in which case the average shall be used as provided for herein.
Yard, rear means a yard extending across the full width of the lo t between the rear lot line and
the nearest line or point of a building or structure.
Yard, side means a yard extending from the front yard to the rear yard between the side lot
lines and the nearest point or points of a building or structure.
Zero lot line means a development that has no side yard setback on one side of a lot.
Zipper lot means a lot where the rear lot line jogs back to vary the depth of the rear yard to
provide for a larger side yard. See figure below.
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ARTICLE 3 - SUBDIVISION
Division 1 Purpose and Applicability
19-3-110 Purpose
19-3-120 Applicability
19-3-130 Policy
19-3-140 Enforcement and violations
Division 2 Administration
19-3-205 Types of subdivisions
19-3-210 Major subdivisions
19-3-215 Minor subdivisions
19-3-220 Sketch plan
19-3-225 Preliminary plat
19-3-230 Final plat
19-3-235 As-built plat
19-3-240 Plat amendment
19-3-245 Plat, right of way, and easement vacations
Division 3 Land Dedication
19-3-310 Purpose
19-3-320 Dedications and conveyances; general
19-3-330 Land dedication standards
19-3-340 Fees-in-lieu of dedication
19-3-350 Transfer to school district
19-3-360 Substitute land dedication
19-3-370 Site specific dedication study
19-3-380 Waiver of requirements
Division 4 Completion and Maintenance of Improvements
19-3-405 Purpose
19-3-410 Subdivision improvements agreement required
19-3-415 Types of improvements
19-3-420 Costs of improvements
19-3-425 Guarantee required
19-3-430 Time for completion
19-3-435 Construction standards; progress inspections
19-3-440 Construction phasing
19-3-445 Preliminary acceptance
19-3-450 Warranty
19-3-455 Final acceptance
19-3-460 Acceptance for maintenance
19-3-465 Waiver of requirements
Division 5 Definitions
19-3-510 Words and terms
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ARTICLE 3 – Subdivision
Division 1 Purpose and Applicability
Sec. 19-3-110. - Purpose.
The intent of these regulations is to prepare land for development and to recognize that the
arrangement of parcels, streets, and infrastructure has a direct impact on the character and environment
of the Town. The general purposes of this Article are:
(1) To guide public policy to ensure that public facilities and services are available with sufficient
capacity to serve the proposed development and that new development does not burden the
Town's fiscal resources;
(2) To encourage well-planned subdivisions by establishing adequate standards for design and
improvements;
(3) To promote efficient circulation, logical lot layout, and necessary roa dway and pedestrian
connections;
(4) To provide for open spaces through the most efficient design and layout of the land;
(5) To secure equitable handling of all subdivision plans by providing uniform procedures and
standards;
(6) To improve land survey monuments and records by establishing standards for surveys and
plats;
(7) To safeguard the interests of the public, the homeowner and the subdivider; and
(8) To regulate such other matters as the Board of Trustees may deem necessary in order to protect
the best interest of the public.
Sec. 19-3-120. Applicability.
(a) These regulations are applicable to:
(1) All subdivision of land located within the corporate boundaries of the Town;
(2) All unincorporated land located within three (3) miles of the corporate limits of the Town and not
located in any other municipality for the purpose of control for major street plan purposes when
a major street plan has been approved in accordance with the requirements of C.R.S. § 31-23-
212.
(b) This Article shall not apply to the following divisions of land:
(1) The division of land by order of any court in the State or by operation of law , such as the
settlement of an estate.
(2) The creation or modification of a cemetery lot, tract or parcel.
(3) The division of land by a lien, mortgage, deed of trust or any other s ecurity interest.
(4) The division of land by a security or unit of interest in any investment trust regulated under the
laws of the State or any other interest in an investment entity.
(5) The division of land which creates an interest or interests in oil, gas or minerals which are now
or hereafter severed from the surface ownership of real property.
(6) The division of land by the acquisition of an interest in land in the name of a husband and wife
or other persons in joint tenancy or as tenants in common, and any su ch interest shall be
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deemed for purposes of this Subsection as only one (1) interest.
(7) The division of land by conveyance of real property to or from the Town in satisfaction of land
dedication, subdivision, condemnation, annexation or other Town requirements.
Sec. 19-3-130. - Policy.
(a) It is the policy of the Town to consider the subdivision of land and the subsequent development of the
subdivided land as subject to the control of the Town pursuant to this Chapter, the Comprehensive
Plan, these subdivision regulations and all other appli cable regulations, ordinances, codes and rules
of the Town for the orderly, planned, efficient and economical development of the Town. All proposed
subdivisions for which Town approval is required under these regulations shall be consistent with the
Comprehensive Plan. No application for subdivision shall be approved if not in conformance with the
Comprehensive Plan, and such failure shall be a reasonable ground for denial of the application.
(b) Land to be subdivided shall be of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until
adequate public facilities and improvements exist and proper provisions have been made for water,
sewer, stormwater drainage, schools, parks, open space, trails, recreation, transportation facilities and
other improvements necessary to serve the proposed subdivision.
Sec. 19-3-140. - Enforcement and violations.
(a) No owner, or agent of the owner, of any lot located in a proposed subdivision shall sell, agree to sell
or negotiate to sell any lot, or portion thereof, before a final plat or as-built plat (if applicable) has
been approved in accordance with the provisions of these regulations and recorded in the office of
the Grand County Clerk and Recorder. Pursuant to CRS 31-23-216, any person taking such action
prior to recordation of the plat shall pay the penalty set forth in that Section and shall additionally be
guilty of a misdemeanor and upon conviction be subject to a fine of $100 and/or imprisonment for
one year.
(b) No permits shall be issued for the construction of any building or other improvements requiring a
permit, nor shall any certificate of occupancy be granted, for any land for which a subdivision plat is
required by these regulations, unless and until all requirements of these regulations have been
complied with. See Sections 19-3-415 and 19-3-445 of this Article.
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Division 2 Administration
Sec. 19-3-205. - Types of subdivisions.
The division of land into separate parcels, lots, sites, tracts or interests is a subdivision and is
regulated by the provisions of this Article. The process of subdivision does not establish types of land
use, which are determined by the zoning regulations of this Chapter. The following types of subdivision
are regulated by this Article:
(1) Major subdivisions. The major subdivision process shall consist of two separate phases,
preliminary and final plat, as provided in Sections 19-3-210, 19-3-225 and 19-3-230 below.
(2) Minor subdivisions. The minor subdivision process shall consist of one phase, final plat, as
provided in Sections 19-3-215 and 19-3-230 below.
Sec. 19-3-210. - Major subdivisions.
(a) Purpose. The purpose of a major subdivision is to divide one (1) or more parcels of land into five (5)
or more lots, or to divide one (1) or more parcels of land into one (1) or more lots requiring public
improvements.
(1) Condominium, townhome and apartment developments shall be classified as a major subdivision
if they involve five (5) or more dwelling units or are intended to create five (5) or more individual
interests in property capable of being separately transferred.
(2) A subdivision shall be classified as a major subdivision when the creation or extension of any
public improvement is required. For purposes of this Subsection, “public improvement” includes
streets, water and sewer mains and service lines, drainage facilities, electrical facilities, lines and
facilities – whether above or below ground – for telephone, television, internet, or any other type
or form of data transfer, curb and gutter, sidewalks, common access areas - such as shared
driveways - or any other type of facility deemed by the Town Staff to be reasonably necessary
to support the residents, users or owners of the subject lot(s).
(b) Compliance. All major subdivisions shall comply with all applicable subdivision design and
improvement standards of these regulations and Chapter 14 of this Code, Design Criteria and
Construction Standards.
Sec.19-3-215. - Minor subdivisions.
(a) Purpose. The purpose of a minor subdivision is to complete a subdivision of land when all of the
following conditions exist:
(1) The resulting subdivision will create a total of not more than four (4) lots or four (4) dwelling units.
Condominium, townhome and apartment developments shall be reviewed as a minor subdivision
only if they involve four (4) or fewer dwelling units and are intended to create not more than four
(4) individual interests in property capable of being separately transferred ;
(2) The resulting subdivision does not land-lock or prevent development of the remainder of the parcel
or abutting property;
(3) The resulting subdivision does not create any new or residual parcels that do not comply with the
requirements of this Article, the zoning regulations of this Chapter, or other applicable state or
local regulations;
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(4) The resulting subdivision does not require d edication of additional rights-of-way;
(5) No public improvement needs to be constructed or extended to serve the subdivision. For
purposes of this Subsection, “public improvement” includes streets, water and sewer mains and
service lines, drainage facilities, electrical facilities, lines and facilities – whether above or below
ground – for telephone, television, internet, or any other type or form of data transfer, curb and
gutter, sidewalks, common access areas - such as shared driveways - or any other type of facility
deemed by the Town Staff to be reasonably necessary to support the residents, users or owners
of the subject lot(s);
(6) The parcel to be subdivided was lawfully created at the time the existing pr operty description was
recorded; and
(7) The parcel to be subdivided is not located, wholly or substantially, in a Special Flood Hazard Area
as defined in Article 5 of this Chapter.
(b) A minor subdivision may also be processed for any of the following divisions of property:
(1) The division does not result in the creation of an additional lot.
(2) A division for the purpose of revising lot lines, only if it creates no more than the prior recorded
number of lots. All revised lots must conform to the lot dimensional requirements as established
in Article 2 of this Chapter. If the lots of the original recorded plat were nonconforming, any
revised lot shall not increase the nonconformity.
(3) A division for the purpose of correcting an engineering or survey error in a recorded plat, provided
that the correction continues to meet the standards of these regulations and has no effect on
conditions applied to the approval of the recorded plat.
(4) A division which creates parcels for community facilities (including utility land acquisition).
(5) A division which involves the acquisition of access from one (1) parcel of property to another.
(c) Compliance. Any subdivision not qualifying as a minor subdivision is a major subdivision.
(1) The minor subdivision review process shall not be used to circumvent the requirements of the
major subdivision review process.
(2) Any proposed minor subdivision which is clearly intended to evade the major subdivision
regulations or would result in a de facto major subdivision through the combination of previous
contiguous and/or consecutive minor subdivisions is not eligible for minor subdivision.
(3) A minor subdivision shall only be processed one (1) time on a previously unsubdivided parcel of
land.
Sec.19-3-220. – Sketch plan.
(a) General. At the option of the applicant, a sketch plan may be submitted prior to a preliminary plat
submission for a major subdivision. A sketch plan may also be required by Town Staff in lieu of a
preliminary plat submittal.
(b) Purpose. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to
describe the Town's vision to the applicant. Second, it gives the applicant an opportunity to discuss
plans for site development, explain how the plans will further the Town's vision, and obtain input and
direction from Town Staff early in the process. The objective is to ensure that all new development
is consistent with the community's goals and that issues are identified early in the development
process. Topics to be discussed may include:
(1) The applicant's goals for the property;
Page 5
(2) The Town's visions and expectations;
(3) The character and quality of development the Town is seeking;
(4) Town regulations and standards;
(5) The application and review process;
(6) Submittal requirements; and
(7) Schedule.
(b) Submittal Requirements. The applicant shall submit all required materials specified in Appendix 1.
(c) Procedure. The sketch plan application shall be reviewed by the Town in accordance with the Review
Procedures at Section 19-1-210 and Table 1.1 of this Chapter.
(1) Within thirty (30) days of the submittal of a sketch plan, the Town Staff shall provide preliminary
comments to the applicant regarding the proposed development.
(2) The applicant or Town Staff may opt to present the sketch plan to the Planning Commission for
preliminary feedback, as permitted by Section 19-1-210 and Table 1.1 of this Chapter.
Sec. 19-3-225. - Preliminary plat.
(a) General. An approved preliminary plat shall be required for all major subdivisions within the Town prior
to approval of a final plat. The purpose of the preliminary plat is to provide the Town with an overall
master plan for the proposed subdivision.
(1) The Town Staff may waive the requirement to submit a preliminary plat if the proposed subdivision
is not part of an overall master plan, is not a phased development, and/or if traffic studies, drainage
reports, utility plans or other significant levels of engineering analysis are not required.
(2) A sketch plan may be required by Town Staff in lieu of a preliminary plat submittal.
(b) Submittal Requirements. The applicant shall submit all required materials specified in Appendix 1.
(c) Procedure. The preliminary plat application shall be reviewed by the Town in accordance with Section
19-1-210 and Table 1.1 of this Chapter.
(1) The Planning Commission shall consider the preliminary plat application at a public hearing and
either recommend approval or approval with conditions or denial of the application. Failure by the
Planning Commission to act on the plat will operate as providing no recommendation, and the
application shall be forwarded to the Board of Trustees; provided, however the app licant or
authorized representative may consent to an extension of the period for the Planning
Commission's determination if necessary to allow the applicant to make revisions or provide
additional information before the Planning Commission takes final act ion. Any conditions of
approval or reasons for denial shall be stated in the minutes.
(2) The Planning Commission may, at its discretion, require that the preliminary plat be reviewed by
the Board of Trustees; provided, however, that any plat which is approve d due to the Planning
Commission's failure to take action shall automatically be reviewed by the Board of Trustees.
The Board of Trustees shall review the preliminary plat within thirty (30) days from the Planning
Commission's action.
(3) A preliminary plat shall be effective for a period of one (1) year from the date of Planning
Commission action. At the end of the one-year period, the applicant must have submitted a final
plat for approval. The applicant may request an extension by submitting a written reque st to the
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Planning Commission. The Planning Commission shall be authorized to extend the approval for
a period of up to one hundred eighty (180) days.
(4) Preliminary plat approval shall constitute authorization to proceed with an application for final plat
approval in accordance with the representations made by the applicant and conditions imposed
on the proposed subdivision. Approval of a preliminary plat shall not constitute final app roval of
the subdivision or permission for development to occur.
(5) At any time after preliminary plat approval and before submission of a final plat, the applicant
may request an amendment to the preliminary plat. Such amendment shall be processed as
either a major amendment or a minor amendment as required by Section 19-1-210 and Table
1.1 of this Chapter,
a. Preliminary plat - minor amendment. Certain minor amendments to an approved preliminary
plat may be considered upon petition by the owner of the property and approval by the Town
Staff. If the amendment is determined by Town Staff to be substantially consistent with the
approved preliminary plat, the applicant may proceed to final plat applicatio n.
b. Preliminary plat – major amendment. Any amendment to an approved preliminary plat that
is determined by Town Staff to be substantially inconsistent with the approved preliminary
plat shall be considered a major preliminary plat amendment. A major preliminary plat
amendment shall be processed as a new preliminary plat application in accordance with
Subparagraphs (1)-(2) above.
Sec. 19-3-230. - Final plat.
(a) General. An approved final plat shall be required for all major and minor subdivisions. The purpose of
the final plat is to complete the subdivision of land in conformance with the requirements and standards
of the Town and all recommendations made at earlier stage s of subdivision review. No subdivision
shall be approved until such data, surveys, analyses, studies, plans and designs as may be required
by these regulations and by the Town Staff, Planning Commission and/or the Board of Trustees have
been submitted, reviewed and found to meet all sound planning and engineering requirements of the
Town.
(1) For a major subdivision that has received preliminary plat approval, t he final plat must be
submitted within one (1) year from the date of Planning Commission or Board of Trustees action,
as applicable, unless the preliminary plat expiration date had been extended by the approval
body.
(2) Approval and recording of the final plat allows sale of lots within the subdivision to proceed;
except when the conditions of approval or the subdivision improvements agreement provide
otherwise, or in the case of a subdivision of condominiums and/or townhomes, where approval
of an as-built plat is the instrument which allows the sales of a subdivision to proceed.
(b) Submittal Requirements. The applicant shall submit all required materials specified in Appendix 1.
(c) Procedure. The final plat application shall be reviewed by the Town in accordance with Section 19 -1-
210 and Table 1.1 of this Chapter.
(d) Phased final plat. The applicant may request approval of final plats for portions of an approved
preliminary subdivision plat under the following circumstances:
(1) Submission, with the first phase final plat, of a phasing plan for the entire preliminary plat land
area. The phasing plan shall include the date by which the applicant wishes to record final plats
for the entire tract, the dates by which infrastructure will be extended to the boundaries of the
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entire tract, and the approximate number of the proposed final plats and t he general location of
each phase. Applicants for phased developments shall list the public improvements necessary
to fully support each phase in the event subsequent phases are delayed or do not occur.
(2) A Subdivision Improvements Agreement (SIA) shall be required prior to the recordation of each
final plat. The SIA required improvements and collateral associated with those improvements
shall be subject to Town approval in the same manner as required by Section 19-3-410, and the
schedule for completion of said improvements shall be within one (1) year of execution of each
SIA.
(3) The Town may condition a phasing plan on the submission of an agreement to dedicate
easements or rights-of-way.
(4) Prior to acting on the first final plat, the Planning Commission and Boa rd of Trustees must find
that the final plat phasing plan will not impede the orderly growth of public services and
infrastructure necessary to efficiently serve each individual phased plat and the entire land area
included within the preliminary plat appr oval.
(e) Plat note. The final plat shall include a plat note, in form approved by the Town Attorney, which
advises purchasers and owners of any lot, parcel or tract shown thereon that, while building permits
may be issued prior to final completion of subdivis ion improvements, no certificate of occupancy may
be issued for a structure on any lot, parcel or tract until all such improvements, as required by the
SIA, have been completed and preliminarily accepted by the Town pursuant to Section 19 -3-445.
Sec. 19-3-235. - As-built plat.
(a) General. After the final plat has been approved and prior to the transfer of property, the applicant of
a condominium, townhome or other form of development that involves the creation of common “party”
wall and/or airspace layouts must obtain approval of an as-built plat pursuant to this Section.
(b) Submittal Requirements. The applicant shall submit all required materials specified in Appendix 1.
(1) For condominiums, an as-built plat shall depict horizontal and vertical layouts of the airspaces at
a level of detail sufficient to obtain an unrestricted title commitment for purposes of conveyance.
(2) For townhomes, an as-built plat shall include the legal description of each townhome unit at a
level of detail sufficient to obtain an unrestricted title commitment for purposes of conveyance.
(c) Procedure. The as-built plat application shall be reviewed by the Town in accordance with Section
19-1-210 and Table 1.1 of this Chapter.
Sec. 19-3-240. - Plat amendment.
(a) Minor plat amendments Certain minor amendments to approved and recorded plats may be
considered upon petition by the owner of the property and approval by the Town Staff, in cases where
a majority of the following conditions are met:
1. The approval of the minor plat amendment will not be detrimental to the public safety, health or
welfare or injurious to other adjacent properties.
2. The minor plat amendment is in conformity with other policies and criteria of these regulations.
3. The minor plat amendment would not alter the overall nature, character, density or intent of the
approved plat.
Page 8
4. The minor plat amendment request is the result of site conditions encountered after initiation of
development, mitigation of plat notes or conditions via alternative means approved by the Town
Staff, or errors in engineering or surveying.
5. The minor plat amendment is consistent with the original intent of the subdivision and/or
conditions or plat notes.
(b) Major plat amendment. Any amendment to an approved and recorded final plat that does not meet
the conditions of a minor plat amendment as listed in Paragraph (a) above shall be considered a major
plat amendment. A major plat amendment shall be processed as a new final plat application in
accordance with Section 19-3-230 above.
(c) Submittal requirements. The applicant shall submit all required materials specified in Appendix 1. All
required submittal materials shall be filed with the Town Staff at least fourteen (14) days prior to the
Town Staff’s consideration for approval.
(d) Procedure. All plat amendment applications shall be reviewed by the Town in accordance with Section
19-1-210 and Table 1.1 of this Chapter.
Sec. 19-3-245. – Plat, right-of-way, and easement vacations.
(a) General. Any plat (or portion thereof), public right-of-way, or easement may be vacated upon petition
by the owner of the property and approval by the Board of Trustees.
(1) A plat vacation may occur at any time before the sale of any lots. Once lots have been sold, all lot
owners must consent to the proposed vacation.
(2) Public right-of-way and easement vacation proceedings shall be in compliance with Sections 43 -
2-302 and 43-2-303, C.R.S.
(3) The Board of Trustees may approve a vacation petition on such terms and conditions as are
reasonable to protect public health, safety and welfare.
(b) Submittal requirements. The applicant shall submit all required materials specified in Appendix 1.
(c) Procedure. A plat or right-of-way vacation application shall be reviewed by the Town in accordance
with Section 19-1-210 and Table 1.1 of this Chapter.
(1) Vacation by plat: In the event the vacation petition is accompanied by a plat application, the
vacation may take place as a part of the plat approval.
(2) Vacation by ordinance. In the event the vacation petition is for a right-of-way or easement and is
not accompanied by a plat application, the Board of Trustees shall act to approve the vacation
by ordinance.
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Division 3 – Land Dedication
Sec. 19-3-310. - Purpose.
The purpose of the public dedication requirement is to provide public facilities and/or services made
necessary as a consequence of a subdivision, in an amount roughly proportional to the impact of the
subdivision upon such facilities and/or services or the increased need for them brought about by a
subdivision. New residential subdivisions require services provided through municipal facilities which are
constructed, in part, through dedication of land necessary to construct the facilities. Absent land dedication
by new subdivisions, sufficient land may not be made available at the time of subdivision to provide
necessary services to new residents. In order to provide public services, the Town requires certain
dedications of land or, in the appropriate circumstances, payment of fees-in-lieu of such dedication. It is the
intent of this Section that new development pay its proportionate or pro rata share of the costs attributable
to the new growth, thereby relieving the public generally from subsidizing the cos t of improvements and
facilities attributable to new development. As a condition of approval, applicants for each residential
subdivision of land within the Town shall dedicate land or, where appropriate, pay a fee in lieu of dedication
for schools and parks in accordance with this Section. The location of dedication required shall be mutually
agreed upon by the Town and the applicant. The Town may consider recommendations from other agencies
which would be directly involved in the development and services of these areas.
Sec. 19-3-320. - Dedications and conveyances; general.
(a) The amount, location and nature of land interests to be dedicated shall be established prior to final
approval. Land dedications and/or conveyances shall be made as a condition of final plat approval
and shall be implemented in one (1) of the following ways:
(1) A fee simple dedication to the Town granted via plat note on the final plat.
(2) A fee simple conveyance to the Town granted via general warranty deed.
(3) A fee simple conveyance to a homeowners' association granted via warranty deed may be
acceptable for open space, if approved by the Town.
(4) Payment of fees-in-lieu of land dedications where permitted and approved by the Town.
(b) Whenever a subdivision application involves land that is to be dedicated and/or conveyed to the
Town and/or to a homeowners’ association (HOA), the applicant shall submit, with the final plat
application, a warranty deed to transfer such property to the Town or the HOA, together with a title
insurance commitment indicating that the land is owned by the applicant free and clear from all liens,
encumbrances and restrictions. Title insurance shall be provided by the applicant in an amount equal
to the approximate value of the property to be dedicated and/or conveyed, as approved by the Town.
The executed deed, if applicable, and the payment of the premium for the title insurance policy shall
be delivered to the Town prior to the recording of the final plat.
Sec. 19-3-330. - Land dedication standards.
(a) This Section establishes the characteristics of land which is eligible for dedication for the listed public
purposes. In no case may land dedicated for public use include steep slopes, hazardous geologic
formations, adverse topography or other features that may be harmful to the health, safety or welfare
of the public.
(b) Land dedicated for public park use:
(1) May include open space, historical or natural features and proposed public areas;
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(2) Shall lend itself to utilization for active or passive recreational use such as a public park, picnic
area, trails, ball fields or recreational structures and shall include a minimum of ninety percent
(90%) of land with a slope of ten percent (10%) or less, unless approved by the Town;
(3) Shall not include steep slopes, hazardous geologic formations, adverse topography or other
features that may be harmful to the health, safety or welfare of the public, unless approved by
the Town;
(4) Shall include the dedication of adequate water rights to irrigate the land for the intended purpose;
(5) Shall be designed to link open lands, trails, and other major components of the Town’s public
recreational system;
(6) Shall not include land developed for stormwater control unless the design of any recreational
amenities therein renders the public safe from any hazard; and
(7) Shall not be less than three thousand (3,000) square feet in size unless approved by the Town.
(c) Land dedicated for trail use:
(1) Shall meet the requirements of Subsection (b), subparagraphs (1) through (6) above.
(2) Shall be made in the form of a public easement or right-of-way, as determined by the Town;
(3) Shall be located in such a manner as to protect the safety of trail users, shall be at least ten (10)
feet in width but in all cases adequate to safely facilitate the projected users and uses of the trail;
(4) Shall be located to provide direct and convenient access, where possible, to the public trail
system for residents within the subdivision and adjacent property; and may overlap with other
easements or rights-of-way provided that any such overlap does not compromise the functional
use of either the trail or the right-of-way or easement being overlapped.
(d) Land dedicated for schools; if required by the Board of Trustees:
(1) Shall be submitted for review and recommendation by the East Grand School District as to size
and location; provided, however, the Board of Trustees shall have final authority to determine
the eligibility of such land for school dedication.
Sec. 19-3-340. - Fees-in-lieu of dedication.
(a) In lieu of any dedication of land required by this Division, the Town may request and, if requested,
the applicant shall make a payment to the Town if:
(1) The Town determines that the amount or quality of land to be dedicated by the applicant would
not be of adequate size or quality to achieve the purpose of the dedication; or
(2) The Town determines that the dedication of land would not serve the health, safety or welfare of
the public.
(b) The amount of the payment in lieu of any land dedication shall be determin ed as follows: multiply the
fair market per acre value of the entire property proposed for subdivision, as of the date immediately
prior to approval of the final plat, by the total acreage of land that is required for dedication.
(c) The fair market acre value of land, for purposes of determining the amount of a payment in lieu of
land dedication, shall be determined by mutual agreement between the Town and the applicant. In
the event of inability of the above parties to agree on the fair market acre value of the subject land,
an independent real estate appraisal shall be obtained by the Town at the applicant's cost. The value
determined by the appraisal shall be binding upon the Town and the applicant.
(d) Payments made under the requirements of this Section shal l be made payable to the Town. All
moneys collected by the Town shall be deposited in an interest -bearing account which clearly
identifies the category, amount or fund of capital expenditure for which the moneys were collected.
Page 11
Each such category, account or fund shall be accounted for separately. Any interest or other income
earned on such moneys shall be credited to the account. The Town shall receive such funds either
upon annexation of the land area to the Town or at the time of final plat approval.
(e) Funds may be withdrawn from the interest-bearing account only for the acquisition of reasonably
necessary sites and land areas or for capital outlay purposes for parks, trails, recreational facilities
or development of sites for those purposes, or, as appropriate, for transfer to the East Grand School
District for growth-related planning functions by the School District for educational purposes.
Sec. 19-3-350. - Transfer to school district.
Land conveyed to the Town for public school sites shall be transferred and conveyed to the East Grand
School District upon written request by the School District. Funds paid to the Town in lieu of dedication of
land areas for public school sites shall be made available to the School District upon written request by the
District.
Sec. 19-3-360. - Substitute land dedication.
As an alternative means of satisfying the required dedication of land within a subdivision as provided
by this Division, an applicant may offer to the Town a substitute dedication of land of equivalent size owned
by the applicant that is located outside of the proposed subdivision; provided, however, that such land
dedication meets the criteria of Section 19-3-310 (Purpose) and 19-3-330 (Land dedication standards).
Nothing herein shall obligate the Town to accept such substitute dedication. The Town shall not accept any
substitute dedication located more than three (3) miles from the Town boundary existing at the time of
subdivision.
Sec. 19-3-370. - Site specific dedication study.
In the event that the applicant disagrees with the Town's determination concerning dedication of land
and/or payment in lieu of dedication of land as required by this Division, the applicant may request a
continuation of any subdivision processing and review by the Town, and the applicant may prepare a
study evaluating the demand for public facilities made necessary or generated by the proposed
development. Such study shall be undertaken at the applicant's cost by a licensed professional engineer
or other professional approved in advance by the Town. To the greatest extent possible, the study shall
include an evaluation of the Town's present supply or capacity and present demand for all public facilit ies
and/or services required by the proposed development. The study shall identify and quantify the
additional demand placed upon such public facilities and/or services by the proposed development. The
study shall identify the necessary public land and improvements required to be dedicated or constructed
by the applicant in order to serve the demand generated by the proposed development. Such study shall
be considered by the Town in determining the dedication of land required by this Division for the
proposed development.
Sec. 19-3-380. - Waiver of requirements.
The Town may waive the required dedication of land or the payment in lieu of dedication required by
this Division in the following cases:
(1) When the project has already been fully developed and the subdivision of land is necessary to
bring the land into conformance with the as-built or as-constructed development; or
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(2) When the development does not result in any increase in demand for schools an d parks or open
space.
Page 13
Division 4- Completion and Maintenance of Improvements
Sec. 19-3-405. – Purpose.
The purpose of this Division is to establish and govern the manner in which public improvements
required to serve the subdivision shall be built, inspected, and guaranteed. The requirements in this Division
are separate and apart from the requirements for land dedication in Division 3 of this Article. The applicant
shall be required to complete all public and private required improvements as specified in these regulations
and as provided on the final plat and all supplemental plans and documents, including construction
drawings and specifications, approved by the Town (the "Final Plat Documents"). As a condition of approval
of any final plat or major site plan, the applicant and the Town shall agree on the type, location and extent
of all required improvements, depending on the characteristics of the proposed development and its
relationship to the surrounding area. Failure to reach agreement on all such matters shall be grounds for
denying approval of the final plat or major site plan. All required improvements shall be constructed at the
applicant's expense, in accordance with Chapter 14 of this Code , Design Criteria and Construction
Standards.
Sec. 19-3-410. - Subdivision improvements agreement required.
The subdivision improvements agreement (SIA) is a written contract between the Town and the
applicant providing for construction of the required improvements, with collateral security to guarantee
completion of such improvements as provided in these regulations. No subdivision plat shall be signed b y
the Town or recorded in the office of the Grand County Clerk and Recorder, and no building permit shall be
issued for any subdivision or development with required improvements, until a SIA between the Town and
the applicant has been executed. Such agreement shall include a description of required on-site and off-
site improvements, an estimate of the cost of such improvements, the form of guarantee for the
improvements and any other provisions or conditions deemed necessary by the Board of Trustees to ensu re
that all improvements will be completed in a timely, quality and cost-effective manner. A model SIA is
provided in Appendix 3. The agreement shall be recorded in the office of the County Clerk and Recorder
and shall run with the land and bind all successors, heirs and assignees of the applicant. Other agreements
or contracts setting forth the plan, method and parties responsible for the construction of any required
improvements may also be required.
Sec. 19-3-415. - Types of improvements.
The SIA shall address the following types of improvements unless waived by the Town:
(1) Public streets and roadway systems and associated lighting, signage, striping and other devices,
bridges and structures, curbs, gutters, valley pans and street drainage.
(2) Public utilities and services. Water, fire hydrants, sewer.
(3) Public and private drainage. Stormwater detention and water quality facilities, drainage ditches,
flood prevention and flood mitigation improvements.
(4) Public pedestrian facilities. Sidewalks, trails and associated lighting.
(5) Public and private revegetation, erosion control devices and landscaping.
(6) Public recreation facilities.
(7) Additional on or off site private improvements may be included in an improvement agreement at
the discretion of the Town if said improvements are necessary for efficient and orderly
development and where the community may be negatively impacted if the improvement is not
completed in a timely manner.
Page 14
Sec. 19-3-420. - Costs of improvements.
All required improvements shall be constructed by the applicant, at its expense, without
reimbursement by the Town; provided that the Board of Trustees may, upon application and at its direction,
approve the creation of a special district or improvement district under state law to construct and/or finance
the construction of required improvements. If the applicant does form or cause to be formed a special district
or improvement district for the purposes identified in this Division, the Town shall not release the applicant
from its obligations under any SIA.
Sec. 19-3-425. -Guarantee required.
(a) Suitable collateral to ensure the completion of required improvements, as stipulated in the SIA, shall
accompany the final plat submission. The collateral shall be no less than one hundred twenty -five
percent (125%) of the estimated costs of all subdivisio n improvements. The collateral shall be in the
form of a letter of credit, cash deposit or other such legal assurance as may be approved by the
Board of Trustees. After preliminary acceptance, and with approval of the Board of Trustees, the
performance guarantee may be reduced to an amount not less than twenty percent (20%) of the
initial performance guarantee to guarantee performance during the warranty period. A corporate
surety warranty bond in that amount may be substituted as the performance guarantee for the
warranty period, provided that the applicant also provides a cash deposit in the amount of five
thousand dollars ($5,000.00) or ten percent (10%) of the amount of the warranty bond, whichever is
greater, as additional security to the Town.
(b) No collateral drawn upon a company, bank or financial institutional having any relationship to the
applicant or any principal, director, officer or shareholder of the applicant (other than the relationship
of depositor or checking account holder) shall be acceptable. The Town may reject any security for
any reason.
(c) If collateral is provided in the form of a letter of credit or deposit arrangement that includes an
expiration date, the applicant shall provide evidence of extension of such expiration or replacement
of equivalent collateral in a form acceptable to the Town. Failure to provide proof of such extension
or replacement collateral no later than thirty (30) days prior to the date of expiration shall be cause
for the Town Staff to draw on the collateral funds without the necessity of any notice of default or
other notice to the applicant. Funds withdrawn in this manner may be expended as necessary to
correct, repair and/or construct the required improvements or may be released upon provision of
replacement collateral in a format acceptable to the Town.
(d) The estimated cost of subdivision improvements shall be certified by a licensed Colorado
Professional Engineer. Construction of all subdivision improvements shall be guaranteed pursuant
to a SIA, in the form attached as Appendix 3.
Sec. 19-3-430. -Time for completion.
The time allowed for the completion of required improvements shall be as provided in the SIA; or, if
no time for completion is specified in the SIA for some or all required impro vements, such improvements
shall be completed within two (2) years from the recording date of the final plat or issuance of the
development permit, whichever is applicable. The Board of Trustees may extend such time for completion
upon request from the applicant, for good cause shown.
Sec. 19-3-435. - Construction standards; progress inspections.
(a) The required improvements shall be constructed in a good and workmanlike manner, strictly in
accordance with the final plat documents and, to the extent not otherwise provided in such final plat
documents, in accordance with all applicable laws, ordinances, codes, regulations and minimum
design criteria and construction standards applicable in the Town. There shall be no changes made
Page 15
in the approved final plat documents, including construction drawings and specifications, without the
prior written approval of the Town. Periodic inspections may be made by the Town Staff or designated
consultants during the progress of the work to confirm that the required improvemen ts are being
constructed in compliance with such requirements. The applicant shall pay for these periodic
inspections. Such inspections may be conducted in a manner, in such areas and at such times,
whether scheduled or unannounced, as deemed appropriate by the Town Staff or consultants. Such
inspections shall not relieve the applicant of the responsibility for ensuring that the required
improvements are constructed in accordance with the standards set forth herein, nor shall it relieve
the applicant of the applicant's warranty obligations as provided in these regulations.
(b) The applicant shall maintain, in a reasonable, suitable and proper condition for travel, ingress and
egress, all streets located within the subdivision until such time as the streets are accepted for
maintenance by the Town, or until any such private streets are accepted for maintenance by the
homeowners' association or other responsible person or entity approved by the Town.
Sec. 19-3-440. -Construction phasing.
Inspection and preliminary acceptance of a portion of the required improvements in one (1) or more
phases of construction shall occur only if specifically provided for in the SIA, or as determined appropriate
by Town Staff, at its discretion. Otherwise, all required improvements shall be completed before preliminary
acceptance will be granted. Any proposed phasing must be logically related to the project as a whole and
allow for the efficient integration of the phased required improvements into the Town's infrastructure. The
Town Staff may require adjustments in previously approved phasing schedules when deemed necessary
to accommodate changed conditions or unforeseen circumstances.
Sec. 19-3-445. -Preliminary acceptance.
(a) Upon completion of all required improvements or an approved phase of required improvements, the
applicant shall notify the Town in writing and request an inspection of the completed improvements.
Those items not required for preliminary acceptance may, in the discretion of the Town Staff, include
lighting, striping of streets, public and private revegetation, landscaping, trails and associated
lighting, and public recreational facilities. Prior to the inspection, the applicant shall provide to the
Town the following documentation:
(1) Adequate assurance by a licensed Colorado Professional Engineer that the required
improvements have been constructed and completed in accordance with the approved plans and
specifications;
(2) "As-built" drawings for the required improvements, in accordance with Chapter 14 of this Code,
Design Criteria and Construction Standards;
(3) All test reports and logs required by the plans and construction drawings and applicable
regulations and construction standards; and
(4) An original affidavit or affidavits identifying all contractors, subcontractors and materialmen who
supplied labor or materials for the improvements and verifying that all have been paid, together
with a lien waiver from each such contractor, subcontractor and material supplier acknowledging
payment and waiver of any lien rights for all work completed prior to the d ate inspection and
preliminary acceptance is requested, subject to any retainage withheld from the contractor or
supplier during the warranty period pending final acceptance.
(b) Inspection and preliminary acceptance. Upon satisfaction of these requirements a nd subject to
satisfaction of any additional requirements provided in these regulations or the SIA, the Town Staff
or designated consultants shall inspect the completed improvements within ten (10) business days
of the applicant requesting said inspection. If the Town's Staff or designated consultant finds that the
specified improvements have been completed substantially in accordance with the plans and other
requirements of the SIA and these regulations, the Town Staff shall issue a letter evidencing
Page 16
preliminary acceptance within ten (10) business days after the inspection date. The Town shall not
be required to make inspections during any period when climatic conditions interfere with making a
thorough inspection, as determined by the Town representative m aking the inspection. If, upon
inspection of the completed improvements, the Town Staff or designated consultant finds that any of
the improvements have not been completed substantially in accordance with the plans and other
requirements of the SIA and these regulations, the Town Staff or designated consultant shall issue
a written notice of deficiencies within ten (10) business days after the inspection specifying which
improvements have not been completed substantially in accordance with the plans and oth er
requirements of the SIA and these regulations. All deficiencies must be corrected within ten (10)
business days of the receipt of the notice of deficiencies. Such ten-business-day time limit may be
extended by the Town if the Town determines that such deficiencies cannot reasonably be remedied
within such ten-business-day period. The subdivider shall then notify the Town in writing and request
a follow-up inspection of the improvements, and the foregoing provisions of this Paragraph (b) shall
be applicable.
(c) Preliminary acceptance of all or any portion of the required improvements does not constitute a
waiver by the Town of the right to draw on the collateral security to remedy any defect in or failure of
the required improvements that is detected or whic h occurs after acceptance of the required
improvements, nor shall such acceptance operate to release the applicant from the applicant's
warranty as herein provided.
(d) Upon preliminary acceptance, the Town will assume responsibility for the operation of all public
water, sanitary sewer and storm water improvements, if applicable, and for snow removal on
accepted public streets. At the Town's discretion, it may elect not to plow any accepted public streets
until there is development on individual lots that warrant access.
(e) Final acceptance shall take place within one (1) year after preliminary acceptance, which period may
be extended by Town Staff for up to one (1) additional year. While building permits may be issued
for construction within the subdivision prior to preliminary acceptance, no certificates of occupancy
may be issued unless and until all subdivision improvements have been preliminarily accepted.
Sec. 19-3-450. -Warranty.
(a) Warranty. The applicant shall warrant that all required improvements shall remain free from
construction defects for a period of one (1) year from the date that the Town preliminarily accepts the
improvements as provided in these regulations and the SIA. For landscaping improvements or other
vegetation that will be dedicated to the Town, the warranty period shall be two (2) years, and not in
any event to be less than two (2) full growing seasons. During such warranty period, any construction
defect determined to exist with respect to such required improvements shall be repaired or the
improvements replaced, at the Town's option, at the sole cost of the applicant.
(b) Notice of default; cure period. Except as provided in Paragraph (c) below with respect to emergency
repairs, the Town shall provide written notice to the applicant if an inspection reveals that any
improvement is defective. The applicant shall have ten (10) business days from the giving of such
notice to remedy the defect. Such ten-business-day time limit may be extended by the Town if the
Town determines that such defect cannot reasonably be remedied within such ten-business-day
period. In the event the applicant fails to remedy the defect within the ten-business-day period or any
extension thereof granted by the Town, the Town may utilize the collateral security to correct the
defect or exercise any other remedy provided in the SIA. No notice shall be required with respect to
emergency repairs except as provided in Paragraph (c) below.
(c) Emergency repairs. If at any time it appears that the improvements may be significantly damaged or
destroyed as a result of a bona fide emergency, an act of God or due to construction failure, the
Town shall have the right, but not the duty, to enter upon the property and perform such repairs and
take such other action as may be reasonably required in the Town's judgment to protect and preserve
the improvements. The Town shall have no duty to inspect the property to identify emergency
situations which may arise. Prior to or concurrent with, or immediately following, taking any action
Page 17
pursuant to emergency repairs, the Town shall make a reasonable effort to locate the applicant and
advise him or her of the existence and nature of the emergency. Upon written demand, the a pplicant
shall reimburse the Town for the costs of such emergency repairs. Failure of the applicant to
reimburse the Town for the costs of such emergency repairs within fifteen (15) days after demand
shall constitute a default under the SIA.
(d) Final inspection. Approximately sixty (60) days prior to the expiration of the warranty period, the Town
shall notify the applicant in writing and schedule a final inspection/walkthrough.
Sec. 19-3-455. -Final acceptance.
Final acceptance of the required improvements by the Town requires formal action by the Board of
Trustees, after all required improvements have been completed, inspected and certified for final acceptance
by Town Staff. Final release of the performance guarantee requires additional formal action by t he Board
of Trustees. The Town shall not be required to finally accept any of the required improvements until the
Board of Trustees determines that:
(1) All required improvements have been satisfactorily completed in accordance with the approved
plans and specifications and have been preliminarily accepted by the Town;
(2) All warranty periods provided for in these regulations and the SIA have ended and any defects
found during inspection of the required improvements have been satisfactorily remedied by the
applicant;
(3) The applicant has provided and the Town has review and approved any and all conveyance
documents required pursuant to these regulations and the SIA;
(4) The applicant has provided an original affidavit or affidavits identifying all contractors,
subcontractors and materialmen who supplied labor or materials for the improvements and
verifying that all have been fully paid, together with an original unconditional lien waiver from
each such contractor, subcontractor and material supplier acknowledging full payment and
waiver of any and all lien rights. The final twenty percent (20%) of the initial performance
guarantee shall not be released until the Town receives said affidavits and unconditional lien
waivers; and
(5) All other applicable requirements contained in these regulations, the Town's design and
construction standards and the SIA have been satisfied.
Sec. 19-3-460. - Acceptance for maintenance.
At the end of the warranty periods and upon final acceptance of the improvements as provided in this
Division, the Town will assume all future repair and maintenance responsibilities with respect to the
accepted public improvements, if any. The Town will not assume any responsibility for maintenance and
repair of required private improvements, and such responsibility shall remain with the applicant unless it is
transferred to a homeowners' association or other responsible person or entity in accordance with the
approved subdivision documentation.
(1) Release of collateral; security/performance guarantee; request for partial release. The applicant
may make periodic requests for the partial release of the collateral in accordance with the
provisions of this Subsection. All such requests shall be in writing to the Board of Trustees, shall
be for a reduction of at least twenty percent (20%) of the total original performance guarantee,
and shall correspond with a portion of the required improvements that have been substantially
constructed or installed in accordance with these regulations and the SIA. No more than one (1)
request for a partial release of the performance guarantee may be submitted each month. No
reduction of the performance guarantee shall be allowed which would reduce the amount of
collateral to less than one hundred twenty-five percent (125%) of the estimated cost of any
Page 18
remaining or incomplete improvements; and the final twenty percent (20%) of the initial
performance guarantee (which may be in the form of a warranty bond and cash deposit, as
provided in Section 19-3-245 above) may not be released until all of the required improvements
have been preliminarily accepted, the one-year warranty period has run, the applicant has
complied with all requirements specified in these regulations and the SIA and the improvements
are finally accepted by the Town. There shall be no reduction in the amount of the performance
guarantee if the applicant is in default under the SIA.
(2) Town use of performance guarantee. Except as otherwise provided in the SIA, the Town may
draw upon and utilize the collateral security to pay for the construction, completion or correction
of the required improvements or to restore and revegetate the site in the event the applicant fails
to timely perform the obligations provided in this Section or is otherwise in default under the
terms of the SIA. Application of the collateral may include covering such costs, including
reasonable engineering and attorney's fees, as are necessary for the Town to administer the
construction and correct, repair or complete the required improvements and to enforce the SIA
and any bond or other undertaking given as the performance guarantee.
(3) Conveyance of improvement other than by dedication on plat. As to any of the improvements
which have not previously been dedicated on the final plat of the subdivision, such
improvements, if designated and intended as public improvements, shall be conveyed to the
Town or other appropriate public entity, or if designed or intended as private improvements, shall
be conveyed to a homeowners' association or other responsible entity approved by the Town.
Such conveyance shall be made prior to final acceptance of the improvements. Upon the
determination of the Town's Staff that such improvements have been satisfactorily completed
and that acceptance of such improvements by the Town is proper and in accordance with the
provisions herein, conveyance shall be made by general warranty deed (if real estate) or bill of
sale with full warranty of title (if personal property), free and clear of all liens, encumbrances and
restrictions (except for permitted exceptions as provided in the SIA), and the specific instrument
of conveyance shall be acceptable as to form and substance by th e Town Staff. Conveyances
of fee title, easements or other real property interests shall be accompanied by a policy of title
insurance as required by the Town's regulations, if applicable.
Sec. 19-3-465. - Waiver of requirements.
(a) At the time of final plat approval, the Board of Trustees may defer or waive, subject to appropriate
conditions, the provision of any or all subdivision improvements as, in its judgment, are not requisite
in the interests of public health, safety and welfare, or which are inappro priate because of inadequacy
or lack of connecting facilities. Any determination to defer or waive the provisions of any subdivision
improvements must be specifically stated on public record, including the reasons for the deferral or
waiver.
(b) Whenever it is deemed necessary by the Board of Trustees to defer the construction of any
subdivision improvements required because of incompatible grades, future planning, inadequate or
nonexistent connecting facilities, or for other reasons, the applicant shall pay its share of the costs
of the future improvements to the Town prior to the Planning Commission and Board of Trustees
signing the final plat, or the applicant may execute a SIA secured by collateral guaranteeing
completion of the deferred subdivision improvements upon demand of the Town.
Page 19
Division 5 – Definitions
Sec. 19-3-510. – Words and terms.
The following words and phrases shall have the following meanings when used in this Chapter, unless
the context otherwise requires:
Acceptance means formal action by the Board of Trustees whereby subdivision improvements
which constitute public property are accepted for maintenance. This action can only be taken after the
improvements are completed and inspected by authorized personnel and certified for acceptance.
Adequate public facilities means facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision as determined by the Town
based upon specified levels of service. See subdivision improvements.
Apartment means a structure located on a single lot or parcel of land, containing five (5) or more
individual dwelling units which are not platted as condominium or townhome units and all of which
units are under single ownership.
As-built plat means the amended final plat that shows exact locations of all public and private
improvements on a development site. For condominiums, as-built plats shall also include horizontal
and vertical layouts of the airspaces.
Block means a tract of land bounded by streets, or a combination of streets and public parks,
cemeteries, railroad rights-of-way or boundary lines of municipalities.
Condominium means a type of ownership which consists of a separate fee simple estate in an
individual airspace unit of a multi-unit property, together with an undivided fee simple interest in
common elements.
a. Individual air space means any enclosed room or rooms occupying all or part of a floor in a
building of one (1) or more floors to be used for residential, professional, commercial or
industrial purposes and capable of and intended to be conveyed as separate interests in
real property.
b. Common elements, unless otherwise provided in the declaration or by written consent of all
the condominium owners, means the land or the interest therein on which a building or
buildings are located; the foundations, columns, girders, beams, supports, main walls,
roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such
building or buildings; the basements, yards, gardens, parking area and storage spaces; the
premises for lodging of custodians or persons in charge of the property; installations of
central services such as power, light, gas, water, heating, refrigeration, central air
conditioning and incinerating; the elevators, tanks, pumps, motors, fans, compressors,
ducts and in general all apparatus and installations existing for common use; such
community and commercial facilities as may be provided for in the declaration; and all other
parts of the property necessary or convenient to its existence, maintenance or safety in
common use.
c. Condominium unit means an individual air space unit, together with the interest in the
common elements appurtenant to such unit.
d. Declaration means an instrument which defines the character, duration, rights, obligations
and limitations of condominium ownership.
Dedication means an appropriation of land to some public use, made by the owner and by which
the owner reserves to himself or herself no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
Page 20
Developer, used interchangeably with the terms subdivider and applicant, means the owner of
land proposed to be subdivided or his or her representative, who is responsible for any undertaking
that requires review and approval under these regulations.
Easement means authorization by a property owner for another to use the owner's property for a
specified purpose. Authorization is generally established in a real estate deed or on a recorded plat.
Final plat means a map, drawing or chart and supporting materials of certain described land,
prepared in accordance with these regulations as an instrument for recording real estate interests in
the office of the County Clerk and Recorder.
Lot, used interchangeably with the term parcel, means a tract, plot or portion of a subdivision or
other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of
ownership or possession or for building development. A piece of property which exists by virtue of a
separate legal description or a separate deed, either of which has been recorded in the office of the
County Clerk and Recorder.
Major subdivision means all subdivisions not classified as minor subdivisions, including but not
limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street or
extension of the local Town facilities or the creation of any public improvements.
Minor subdivision means any subdivision containing not more than four (4) lots or dwelling units
fronting on an existing street, not involving the construction of a new street or road or the extension of
Town facilities, and otherwise meeting the requirements of this Chapter.
Parcel, used interchangeably with the term lot, means a piece of property which exists by virtue
of a separate legal description or a separate deed, either of which has been recorded at the office of
the County Clerk and Recorder.
Plat amendment means modifications to an approved and recorded plat that may involve
corrections to lot lines and other specifications.
Preliminary plat means a map of the proposed subdivision drawn and submitted along with other
supporting documents in accordance with these regulations.
Reception number means the number assigned to all documents recorded in the office of the
County Clerk and Recorder. Amended and as-built plats must show the reception numbers of all
previously recorded plats.
Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, electric transmission line, oil or gas pipeline, water main, sewer main, stormwater drain or
trees or for another special use. The usage of the term right-of-way for platting purposes shall mean
that every right-of-way hereafter established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of
such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sewer mains,
stormwater drains, trees or any other use involving maintenance by a public agency shall be dedicated
to public use by the subdivider.
Sketch plan means a map of the proposed subdivision, drawn and submitted in accordance with
the objectives of these regulations to evaluate development feasibility and design characteristics at an
early planning stage.
Street, private means a suitable improved private road as determined by the Town, which
provides ingress and egress to and from a subdivision by residents and members of the public, and
emergency vehicle access to abutting properties without undue hazard to public property or residents.
Street, public means a right-of-way reserved or dedicated for public use which provides for
vehicular traffic, further classified and defined in Chapter 14 of this Code, Design Criteria and
Construction Standards.
Page 21
Subdivider means any person who: (a) having an interest in land, causes it, directly or indirectly,
to be divided into a subdivision; or (b) directly or indirectly sells, leases or develops, offers to sell, lease
or develop or advertises to sell, lease or develop any interest, lot, parcel site, unit or plat in a
subdivision; or (c) engages directly or through an agent in the business of selling, leasing, developing
or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a
subdivision; and (d) is directly or indirectly controlled by or under direct or indirect common control with
any of the foregoing.
Subdivision means any parcel of land which is to be used for condominiums, townhomes,
apartments containing two (2) or more dwelling units or any other multiple-dwelling units, unless such
land was previously subdivided and the filing accompanying such subdivision complied with
requirements of these regulations with respect to the type and density of such proposed use; or any
parcel of land which is to be divided into two (2) or more lots, tracts, parcels, plats, sites, separate
interests (including leasehold interests), interests in common or other division for the purpose, whether
immediate or future, of transfer of ownership or for building or other development. Unless the method
of disposition is adopted for the purpose of evading the requirements of these regulations, the term
subdivision shall not apply to any of the following divisions of land or interests in land:
a. A division of land by order of any court in the State or by operation of law;
b. A division which is created by a security or unit of interest in any investment trust regulated
under the laws of the State or any other interest in an investment entity;
c. A division which creates cemetery lots;
d. A division which creates an interest in oil, gas, minerals or water which is severed from the
surface ownership of real property;
e. A division which is created by the acquisition of an interest in land in the name of a husband
and wife or other persons in joint ten ancy or as tenants in common, and any such interest
shall be deemed as only one (1) interest; and/or
f. A division which is created by the conveyance of real property to the Town in satisfaction
of land dedication, subdivision, annexation or other Town requirements.
Subdivision Improvement Agreement (SIA) means a written contract entered into by the Town
and the applicant providing for and describing conditions of approval for subdivision improvements to
be constructed as part of a subdivision development. It shall, at a minimum, set forth construction
specifications for required subdivision improvements, provide dates for completion of the
improvements and identify the terms and conditions for the acceptance of the improvements to the
Town. It shall also provide for such financial assurances as necessary to ensure the proper and timely
installation of improvements.
Subdivision improvements means the physical improvements to property made by a subdivider
to provide needed public facilities or services, and/or to protect public health, safety and welfare. These
are public and private improvements that are necessary to provide the basic infrastructure for the
subdivision, and include improvements for which the Town may ultimately assume responsibility for
maintenance and operation. Therefore, all such improvements shall be properly bonded for or secured
by a letter of credit or other acceptable legal instrument. These improvements include, but are not
limited to, the following:
a. Roads, streets, bridges, structures, curbs, gutters, sidewalks and trails;
b. Potable water production, treatment and distribution systems;
c. Sanitary sewer collection system;
d. Storm sewers or storm drainage system, as required;
e. Traffic signs, striping, signals, lights and lighting;
f. Street name signs at all intersections and along roadways;
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g. Permanent reference monuments and monument boxes;
h. Underground telephone, electric and gas lines;
i. Landscaping;
j. Erosion control devices;
k. Revegetation;
l. Open space, parks and recreation areas;
m. Systems and/or facilities for the transportation of people;
n. Temporary and permanent school buildings, fire stations, police stations, public works
maintenance facilities, open space, parks and recreation areas;
o. Property, easements and rights-of-way which may be required to carry out the purposes of
the project;
p. Underdrains;
q. Necessary floodway improvements;
r. Necessary irrigation ditch waterway improvements; and
s. Any other improvements deemed necessary by the Board of Trustees.
Townhome means a type of ownership which consists of a fee simple interest in an individually
deeded lot and residential dwelling unit, and including an interest in limited and/or general common
areas, subject to all rights and duties as provided in the recorded declaration of covenants, conditions
and restrictions for the development, which may include membership in a homeowners' association.
a. The dwelling unit may consist of a single-family dwelling constructed on an individually
deeded lot, or as part of a series of two (2) or more dwellings, each of which is either
attached to the adjacent dwelling by party walls or is attached with no visible separation
between walls or roof.
b. The term common areas will be defined in each declaration and will include such items as
the following: open space, open land, greenbelts, yards, parking areas or storage spaces
located on the property owned and controlled by the owners through the homeowners'
association, but which are not part of individual townhome lots, and all community and
commercial facilities or other parts of the property necessary or convenient to the existence,
maintenance or safety of all townhomes.
c. The term declaration refers to an instrument which defines the character, duration, rights,
obligations and limitations of townhome ownership.
ARTICLE 4 - DEVELOPMENT STANDARDS
Division 1 Site Design Standards
19-4-105 Lots
19-4-110 Blocks
19-4-115 Monuments
19-4-120 Public rights-of-way and easements
19-4-125 Natural features
19-4-130 Wildlife habitat
19-4-135 Geological hazards
19-4-140 Drainage
19-4-145 Grading
19-4-150 Erosion control
19-4-155 Water quality
19-4-160 Landscaping and screening
19-4-165 Open space
19-4-170 Trails
19-4-175 Streets and circulation
19-4-180 Utilities
19-4-185 Snow storage
19-4-190 Building design; commercial and mixed-use development
19-4-195 Exterior lighting
Division 2 Parking Standards
19-4-210 Purpose
19-4-220 General parking requirements
19-4-230 Parking space requirements
19-4-240 Modification of parking space requirements
19-4-250 Loading requirements
19-4-260 Stacking requirements
19-4-270 Parking lot design requirements
19-4-280 Parking lot landscape requirements
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ARTICLE 4 - Development Standards
Division 1 - Site Design Standards
Sec. 19-4-105. – Lots.
(a) Lot dimension. Lot dimensions shall comply with the minimum standards of Article 2 of this Code.
(b) Lot arrangement. Lots with unusual configurations will be discouraged, unless topography or other
physical limitations of the property suggest otherwise.
(c) Access to lots and double-frontage lots.
(1) Each lot shall have a twenty (20) foot minimum access to a public or approved private street.
(2) Access from arterial and/or collector streets. Lots shall not derive access exclusively from an
arterial or collector street.
(3) Double-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where
necessary to provide separation from incompatible land uses or to overcome specific
disadvantages of topography and/or orientation.
(d) On a corner lot, the shorter street frontage shall be considered the front lot line.
Sec. 19-4-110. – Blocks.
(a) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions
to this block width shall be permitted in blocks adjacent to major streets, railroads or waterways, or in
the case of unusual or difficult topography.
(b) The lengths, widths and shapes of blocks shall be such as are appropriate for the Town, limitations of
topography and the type of development contemplated.
(1) Block lengths in residential areas shall not exceed two thousand two hundred (2,200) feet or
twelve (12) times the minimum lot width required in the zoning district, nor be less than four
hundred (400) feet in length.
(2) Wherever practicable, blocks along arterial and collector streets shall be not less than one
thousand (1,000) feet in length.
(c) In long blocks, the reservation of an easement through the block to accommodate trails, utilities,
stormwater drainage facilities and/or snow storage may be required.
Sec. 19-4-115. – Monuments.
All monuments and surveys in a subdivision, including all interior lot corners, shall be set in accordance
with Articles 50 and 51 of Title 38, C.R.S., prior to the recordation of the final plat.
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Sec. 19-4-120. - Public Right-of-way and easements.
(a) General.
(1) All streets, water distribution, sanitary sewer collection and stormwater facilities shall be located
within a dedicated public right-of-way or easement unless otherwise approved by the Town.
(2) Easements shall be provided for all gas, electric, telephone and cable television utility lines, in
accordance with the requirements of the utility provider.,.
(b) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards. For
easements other than a Town-owned utility, refer to the individual gas, electric, telephone and/or
cable television utility provider.
Sec. 19-4-125. - Natural features.
(a) The design and development of a site or subdivision shall preserve, insofar as it is possible, the
natural terrain, natural drainage, existing topsoil, unusual rock formations, lakes, rivers, streams and
trees. The visual destruction of natural land forms caused by cutting, filling, grading or vegetation
removal shall be minimized.
(b) Significant vegetation, including dominant or mature trees and shrubs, shall be retained where
possible. When regenerating sites, replacement trees or shrubs shall be selected from indigenous
species native to the region. Provisions shall be made to provide adequate hydration and
appropriate soil for the replacement trees to ensure successful growth.
(c) Dredging and/or filling of wetlands and construction in or directly adjacent to any watercourse, such
as culvert or bridge installations, shall require measures to protect water quality and channel
stability. In all cases, construction shall conform to applicable U.S. Army Corps of Engineers
permitting requirements.
(d) Archeological, historic sites and similar irreplaceable assets shall also be preserved.
Sec. 19-4-130. - Wildlife habitat.
(a) Site design shall avoid development in or near significant wildlife habitat, as determined by the
Colorado Division of Parks and Wildlife.
(b) Buffer zones, as recommended by the Colorado Division of Parks and Wildlife, shall be provided and
maintained between wildlife habitat areas and developed areas.
(c) Removal of vegetation shall be prohibited within identified wildlife habitat areas and buffer zones.
(d) Historic access for managing wildlife shall be maintained.
Sec. 19-4-135. - Geological hazards.
(a) Based on a finding by a licensed Colorado Professional Engineer, l, no land which is determined to be
unsuitable for development by reason of one-hundred-year flooding frequency, high water table,
mudflow, rockslide or other potential natural hazard, feature or condition likely to be harmful to the
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health, safety or welfare of the Town, its residents or future residents shall be subdivided or developed
unless the natural hazards are mitigated in a manner acceptable to the Town.
(b) In general, development shall not occur on slopes greater than thirty percent (30%) or on land with
inadequate drainage unless a part of each lot or tract, sufficient to accommodate a building permit, is
deemed buildable by a licensed Colorado Professional Engineer and all mitigation measures
necessary to prevent lateral movement and/or slippage of improvements have been approved by the
Town Engineer.
(c) Cut-and-fill slopes shall be kept to a minimum. Graded or filled slopes shall be kept to a t hree-to-one
(3:1) slope or less and designed for long-term stability, unless otherwise approved by the Town.
(d) Soil types shall be described and/or illustrated in sufficient detail to indicate any potential development
problems resulting from groundwater, instability in road excavations and fills, expansive soils and
structural bearing strength for building foundations.
(e) Any subdivision or development located within a Special Flood Hazard Area shall be in conformance
with Article 5 of this Chapter, Flood Damage Prevention.
(1) Base flood elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which is
greater than fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant
to Article 5 of this Chapter.
(2) All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
(3) All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize or eliminate flood damage.
Sec. 19-4-140. – Drainage.
(a) General. The applicant shall provide data prepared by a licensed Colorado Professional Engineer
sufficient to indicate that the drainage from a proposed development will not adversely affect any
downstream properties or the community as a whole.
(b) Lot and adjacent land drainage.
(1) Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot
drainage shall be coordinated with the general drainage pattern for the area and to maintain the
individual lot drainage on the specific lot as much as possible.
(2) The drainage system shall be designed to accommodate not only runoff from the subdivision, but
also historic runoff for those areas adjacent to and upstream from the proposed subdivision, as
well as its effect on lands downstream.
(c) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
Sec. 19-4-145. – Grading.
(a) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
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Sec. 19-4-150. - Erosion control.
(a) Erosion and sediment control devices and revegetation shall be incorporated into all new
developments.
(1) Erosion control plans are required for all developments.
(2) All drainage from the site during construction must go through an erosion control device.
(b) Exposed ground surfaces in any zoning district, as set forth in this Article, 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.
(c) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards
Sec. 19-4-155. - Water quality.
(a) The applicant shall show evidence and plans to ensure that the proposed development will not result
in the degradation of streams, rivers, creeks or other watercourses. This standard shall apply to
construction activities, the ultimate use of the land and any off-site snow storage.
(1) Runoff from developed impervious surfaces shall drain over grass buffer strips or infiltration
devices before flowing into a watercourse.
(2) Direct discharges into streams, rivers, creeks or other watercourses are prohibited.
(3) All development and construction activities shall be consistent with the requirements of the Clean
Water Act and the State of Colorado Stormwater Management Plan (SWMP) requirements, and
shall include appropriate best management practices.
(b) A minimum thirty (30) foot setback from the mean identifiable high water mark on each side of Fraser
River, Elk Creek, Leland Creek and Saint Louis Creek shall be protected for water quality.
(1) Earth and vegetation disturbance within this setback shall be minimized to protect the integrity of
the watercourse.
(2) Water diversion facilities, flood control structures, bridges and other reasonable and necessary
structures requiring some disturbance within this setback may be permitted.
(3) Trails, open space and landscaping may be permitted within this setback at the discretion of the
Town.
(4) A greater setback, up to one hundred fifty (150) feet, may be required depending on
environmental factors such as, but not limited to, soil permeability, the potential for erosion and
sedimentation, existing vegetation cover slope, intensity of adjacent la nd use and wildlife habitat.
Sec. 19-4-160. - Landscaping and screening.
(a) General. Because landscaping enhances aesthetic appeal and protects the area's unique natural
beauty and environment, it is hereby declared to be a benefit to the general public. As such,
landscaping shall be subject to regulation and ensured by a performa nce guarantee.
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(b) Trash and storage area screening. All trash and storage areas are to be completely screened from
public view by either landscaping or a fenced-in dumpster enclosure. These areas are to be
accessible for easy pickup and delivery. Enclosure materials shall be consistent with building
materials and colors.
(c) Buffers between land uses.
(1) Where a residential subdivision borders a railroad and/or highway right -of-way, the Town may
require a minimum twenty-five (25) foot buffer strip, in addition to the normal depth of the lot
required in the zoning district, between the right-of-way and the subdivision to serve as protection
against hazards and undesirable effects of the railroad and/or highway.
a. The buffer strip shall contain plantings, landscaped earthen berms, screening, and retention
of existing vegetation, fencing or other reasonable measures to substantially reduce adverse
impacts.
b. No improvements shall be constructed in a manner that would create adverse impacts to the
buffered area.
c. A plat note may be required to denote that this buffer strip shall permanently remain free of
any structures.
(2) Where a business, commercial or industrial use abuts residential uses, a landscaped wall or
fence with a minimum height of five (5) feet must be placed along such abutting property line.
(d) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
Sec. 19-4-165. - Open space.
(a) General. The amount of open space in a Planned Development (PD) is a negotiable item and is
expressed in terms of acres and percentages on the PD District Plan and any of its subparts or
development parcels. For all other zoning districts, open space requirements shall be as provided in
Article 2 of this Chapter, Zoning.
(b) Open space in a PD shall be land areas not occupied by buildings or structures and attachments
thereto, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping,
planting, patios, walkways, recreational areas and facilities and preservation of natural features.
(c) Open space negotiations for a PD are to be carried out in relation to the following criteria:
(1) Avoidance of concentrating open space into large areas with the subsequent "packing" of
residential areas.
(2) Open space and/or landscaping accompanies all types of developments.
(3) Larger open space areas are logically connected to each other and to externa l open spaces via
linear path systems.
(4) Enhancement of the natural features of a development site.
(5) Degree of maintenance of the "pastoral" character of the large open spaces in the region.
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(6) Degree of maintenance and/or development of waterways and bodies in the development as a
recreation amenity.
(7) Degree of public access to open spaces and recreational amenities.
(8) Maintenance of a "balance" between planned open spaces and fees -in-lieu buyouts for public
parks as outlined in Article 3 of this Chapter, Subdivision.
(d) Recreation improvements. Recreation facilities or structures and their accessory uses located in
common recreation areas within a PD shall be considered open space as long as total impervious
surfaces, including courts and roofs, constitute no more than ten percent (10%) of the total open space
negotiated for the development.
(e) Natural physical characteristics in a PD.
(1) Streams, lakes, other bodies of water, slopes in excess of twenty percent (20%) and floodplains
may be included as open space. Land areas containing identified geologic hazards may not be
included in the negotiated open space amounts.
(2) Where natural streams or creeks traverse the planned development, the maintenance at a non -
disturbance zone of a minimum of thirty (30) feet measured landward from the mean identifiable
high water mark on the stream banks shall be dedicated as open space. The Planning
Commission may require an increase in this setback distance based on the following criteria:
a. Degree of slope adjacent to the stream equals or exceeds thirty percent (30%).
b. Highly erodable soils are present.
c. The proposed use of the property presents a special hazard to water quality (i.e., the storage
or handling of hazardous or toxic materials).
(3) Any amount of common or public open space may be left in its natural state except where
landscaping plans are required, as long as the recreational needs of the residents of the PD
District and the general public are being met in the opinion of the Planning Commission.
(f) Administration and maintenance. The following provisions shall govern the administration of the
common improvements and open space in all PD’s amended or approved:
(1) The final PD Plan shall be approved subject to the submission of legal instruments setting forth
a plan or manner of permanent care and maintenance of all common improvements, open space
and other facilities provided by the final PD plan. No such instrument shall be accepted until
approved by the Town Attorney as to legal form and effect, and the Planning Commission as to
suitability for the proposed use of the common facilities, open space and subject recreational
facilities. Such documentation shall conform to Section 24-67-105(6), C.R.S.
(2) The common open space and other facilities provided may be conveyed to a public agency or
private association. If the common improvements, open space or recreational facilities are
conveyed to a private association, the developer shall file as a part of the aforementioned
instruments, a declaration of covenants and restrictions that will govern the association.
Applicants unfamiliar with these legal instruments should consult Article 3 of this Chapter or an
attorney familiar with them.
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Sec. 19-4-170. – Trails.
(a) General. It is the policy of the Town to require trails to be dedicated to the Town to provide a means
for alternative transportation and recreational opportunities.
(1) Subdivision proposals shall include, as a component of the required subdivision improvements,
a trail system designed to integrate with established and planned trails in the Town and within
three (3) miles of the Town limits.
(2) Trails shall be constructed by the applicant and dedicated via easements to the Town or, if
outside the Town limits, to the County.
(b) Location requirements. The applicant shall dedicate and construct trails which are reasonably
necessary and convenient to the subdivision, including the following:
(1) Trails identified in the Grand County Headwaters Trails Master Plan;
(2) Trails that provide access to schools, residential areas, businesses, parks, existing trails, open
space, neighborhoods, public lands and other public places;
(3) Trails that are encouraged to take advantage of the visual qualities of the area and should be
designed to be an alternative to vehicular traffic; and
(4) Trails parallel to watercourses.
(c) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
Sec. 19-4-175. - Streets and circulation.
(a) General. The arrangement, extent, width, type and location of all streets shall be designed in relation
to existing or planned streets, to topographic conditions, to public convenience and safety and to the
proposed use of land to be served.
(1) When a change of use is proposed contiguous to an existing street, street improvements may
be required at the discretion of the Town Staff or Planning Commission.
(2) All public and private streets are to be paved.
a. All streets are to be completed and paved before a certificate of occupancy is issued on a
structure.
b. The paving requirements may be temporarily waived should weather conditions necessitate
it or where a separate paving schedule has been agreed to by the Town.
(3) All private streets shall be conveyed to a private home or property owners' association.
a. If the private association or person owning the private streets should in the future request
that any private streets be changed to public streets, the private association or owner will
bear the full costs of reconstruction or any other action necessary to make the streets
conform to the applicable standards for public streets.
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b. The private association or owner shall also agree that these streets shall be made to
conform and be dedicated to public use without any form of public compensation to the
private association or owner.
(b) Access. There shall be a minimum of two (2) vehicular ingress/egress access points to any
development over two (2) acres in size. These access points shall be designed to provide smooth
traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and
bicycle traffic. A divided median roadway constitutes a single ingress/egress access point.
(1) The provision of two (2) vehicular access points for a development less than two (2) acres in
size may be required at the discretion of the Town Staff or Planning Commission, as applicable.
(2) Access onto U.S. 40 is controlled and permitted by the Colorado Department of Transportation
(CDOT).
(c) Pedestrian and bicycle circulation. A development site should be laid out in a manner that reinforces
the pedestrian orientation of the neighborhood, with benches and other pedestrian amenities
encouraged. Where appropriate, the internal circulation system of a development shall provide
sidewalks, pedestrian and/or bicycle paths that are physically separated from vehicular traffic.
(1) Sidewalks, pedestrian and/or bicycle paths shall be provided as necessary to tie into adjacent
existing and proposed sidewalk, pedestrian and/or bicycle paths.
(2) The Planning Commission may require, when necessary, pedestrian and/or bicycle
overpasses, underpasses or traffic signalization in the vicinity of parks, shopping areas or other
uses that may generate considerable pedestrian and/or bicycle traffic and vehicular traffic
conflicts.
(d) Public transit. Where appropriate, covered loading and unloading access points for public transit
may be required by the Planning Commission.
(e) Bridges. If any bridges are to be constructed on public or private ways (roads, streets, paths, etc.),
these are to be built at the developer's expense to Town standards and in full compliance with the
dredge and fill laws of local, state and federal jurisdictions.
(f) Street names. All street names shall be shown on the final plat.
(1) No street names shall be used which duplicate or may be confused with the names of existing
streets in the Town and/or the County.
(2) The Planning Commission may accept recommended names for streets from the applicant or
choose other names it finds more appropriate. Existing street names shall be used for all
extensions or continued alignments of existing streets.
(g) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards .
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Sec. 19-4-180. – Utilities.
(a) Water supply.
(1) Connection required. Each new development within the Town shall be required to connect to the
municipal water system.
(2) Design. The internal water distribution system of each subdivision shall be designed and sized
hydraulically to meet the initial and future demands of the proposed subdivision and shall be
approved by the Town prior to construction.
(3) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
(b) Sanitary sewer disposal.
(1) Connection required. Each new development within the Town shall be required to connect to the
municipal sanitary sewer system.
(2) Design. Collection systems shall be designed to meet the initial and future demands of the
proposed subdivision and shall be approved by the Town prior to construction.
(3) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
(c) Other utilities. Proper coordination shall be established between the applicant and the applicable utility
companies for the establishment of utility easements, all of which shall be indicated and dedicated on
the final plat or via separate instrument.
Sec. 19-4-185. - Snow storage.
(a) General. Snow management is critical in the Town's mountain climate, and adequate space must be
provided for the storage of snow.
(1) A snow storage and/or removal plan shall be required for all multi-family, commercial and
mixed-use development.
(2) Roofs should be designed to either hold snow or shed snow onto appropriate areas. Use of snow
guards and protected entries in high risk areas may be required.
(3) Buildings must be set back from the property line to accommodate snow shedding, or a snow
storage easement from the adjacent property owner must be provided.
(4) An increase in minimum right-of-way or easement widths may be required by the Town to
accommodate required snow storage.
(b) On-site snow storage.
(1) One (1) square foot of snow storage space is required for each three (3) square feet of parking,
driveway, walkway and/or loading area to be cleared.
(2) Snow storage areas shall be graded so that drainage from snow storage areas flows away from
adjacent properties and building sites, in accordance with Chapter 14 of this Code, Design
Criteria and Construction Standards.
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(3) Snow storage areas shall be designed so that snow is not stored in a manner where, when
melting, it directly discharges into any watercourses, streets, pedestrian pathways and/or bicycle
pathways. Silt catch and/or detention basins may be required at the discretion of the Town Staff.
(4) Snow storage shall not interfere with intersection sight distances, traffic, signage, fire hydrants or
water, wastewater, stormwater facilities and parking spaces.
(5) Snow storage is prohibited on areas devoted to vehicular and/or pedestrian use (including
parking, trails and sidewalks), and in designated drainage courses/ swales.
(6) Snow storage shall not be located on or within twenty-five (25) feet of wetlands, or within thirty
(30) feet of the high water mark on each side of a watercourse.
(c) Off-site snow storage. If the development necessitates off-site snow storage, an easement from the
adjacent property owner shall be required. The applicant shall show evidence and plans to ensure that
the off-site snow storage will not result in the degradation of streams, rivers, creeks or other
watercourses, in accordance with Section 19-4-155.
Sec. 19-4-190. - Building design; commercial and mixed use development.
(a) General. It is the policy of the Town to encourage building designs and materials to be architecturally
compatible with the historic, natural and mountain environment of the Town. To accomplish this goal,
new development should meet a majority of the following design guidelines:
(1) Building orientation. Buildings should be oriented parallel to the primary street front. A skewed
building orientation should be avoided.
(2) Building elements and materials.
a. Building facades should incorporate a variety of materials.
b. Porches with wooden posts, columns or functional awnings should be incorporated into the
building design. All porches and awnings should have an eight-foot minimum clearance.
c. Building materials shall be compatible and in harmony with the natural setting of the Town.
The use of natural stone masonry, exposed wood structural beams, logs, heavy timbers,
stucco and masonry are all acceptable materials. The use of stone or masonry as a
foundation up to a height of at least thirty-six (36) inches is encouraged.
d. The back of a building shall have the same overall design as the front of a building.
(3) Mass. The mass of the building should be compatible to adjacent buildings. Long, uninterrupted
exterior walls and/or roof lines should be avoided to break up the mass of the building.
(4) Roof elements and design. Where pitched roofs are used, they shall be designed in a manner that
provides variation in roof lines to break up large expanses of roof and to ad d architectural interest
to the roof.
(5) Colors. Color schemes for both the building and roof should be compatible and found in the natural
landscape, such as earth-toned solids (browns, greens, greys, etc.), bedrock and woodland
vegetative growth. High-contrast or bright colors, where desired, should be reserved for trim and
accent.
(6) Windows. Display windows on the first floor should face the primary street frontage and provide
visual interest.
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(7) Energy conservation. Buildings should take advantage of a south-facing orientation for passive or
active solar heat gain to the greatest extent possible. The implementation and operation of systems
or devices which provide an effective means of renewable energy are encouraged.
(b) Building height in Planned Developments. Proposed height limits may be renegotiated at the PD
District Plan amendment stage. Final height of buildings may be negotiated by the Planning
Commission at the final PD plan stage and subject to further negotiation and/or the approval of the
Board of Trustees. Height negotiations are to be carried out in relation to the following characteristics
of the proposed buildings or other improvements:
(1) Its geographical location;
(2) The probable effect on slopes, soils and other hazardous terrain;
(3) Adverse visual effect to the adjacent public and private property, rights -of-way or other areas in
the immediate vicinity;
(4) Potential problems for adjacent public and private sites caused by shadows, loss of air circulation
or closing of view;
(5) Influence on the general vicinity, with regard to contrasts, vistas and open space;
(6) The extent to which potential adverse effects are eliminated or reduced by such factors as
spacing between buildings and limitation of the ground areas occupied by such buildings ;
(7) The extent to which building height will contribute to the environmental ameni ties and increased
efficiency of the development by allowing for more open space, the more efficient provision of
utilities and other services, and other desirable effects ;
(8) Its potential for improving the level of privacy in adjacent residential areas;
(9) Its potential for being compatible with the scale of the surrounding natural environmental and built
areas; and
(10) Public safety considerations.
(c) Building spacing in Planned Developments.
(1) Each planned development shall provide reasonable visual and acoustical privacy for buildings.
Fences, insulation, walks, barriers, landscaping and sound-reducing construction techniques
shall be used as appropriate for the aesthetic enhancement of propert y and the privacy of its
occupants, the screening of objectionable views or uses and the reduction of noise.
(d) Riverwalk Mixed Use Overlay District. In addition to the provisions of Subsection (a) above, the
development of any new building or structure in the Riverwalk Mixed Use Overlay District should be
of such a design so as to contribute to the architectural identity of the emerging Riverwalk District.
(1) Buildings should front on streets, or along the river as may be appropriate, in order to create a
sense of enclosure.
(2) Parking should be located either behind buildings to screen vehicles from sight or so as to reduce
impacts to the pedestrian environment along streets or the river.
(3) Building elements and materials should ensure that design within the Riverwalk District reflects
the funky/eclectic character of Fraser.
Page 12
Sec. 19-4-195. - Exterior lighting.
(a) General. The purpose of exterior lighting is to allow for outdoor illumination levels which are
appropriate for the visual task and public safety and security, while minimizing undesirable effects of
excessive illumination such as glare, sky glow and light pollution.
(1) Exterior lighting shall be minimized and shall be directed to illuminate functional areas only,
including all pedestrian access routes and parking areas.
(2) Exterior lighting shall be designed, located, placed and shielded to:
a. Be architecturally and aesthetically in keeping with buildings and surroundings;
b. Create minimum light pollution; and
c. Not directly illuminate adjoining property.
(3) If the Town Staff deems necessary, a lighting or illumination engineer shall review the pr oposed
type of lighting. All costs associated with the review shall be paid by the applicant.
(b) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
Page 13
Division 2 - Parking Standards
Sec. 19-4-210. – Purpose.
The purpose of these regulations is to:
(1) Allow flexibility in addressing vehicle parking, loading, transportation and access demands of
various land uses in different areas of Town;
(2) Provide enough on-site parking to accommodate the majority of traffic generated by the range of
uses which might locate at a site over time;
(3) Present a menu of strategies to solve parking challenges rather than strict parking space
requirements;
(4) Maintain and enhance a safe and efficient transportation system that is consistent with
environmental goals and clean air;
(5) Ensure that off-street parking, loading, and access demands associated with new development
will be met without adversely affecting other nearby land uses and surrounding neighborhoods.
Sec. 19-4-220. - General parking requirements.
At the time of the erection of a new building or at the time of enlargement or change in use of an
existing building within the Town, off-street parking spaces shall be provided as specified in this Division.
(1) No building permit or other permit shall be issued until a site plan is approved in accordance
with Section 19-2-110 of this Chapter that shows the location of parking spaces as well as
property that is and will remain available for exclusive use as off-street parking and loading
space.
(2) The subsequent use of property for which the building permit is issued shall be condition ed
upon the unqualified continuance and availability of the amount of parking and loading space
required by this Division.
a. Parking and loading areas are not to be used for the sale, repair or dismantling of any
vehicle or equipment.
b. Parking and loading areas are not to be used for the sale of any materials, supplies, food
or other goods except as may be allowed as a temporary or seasonal use in accordance
with Section 19-2-330 of this Chapter.
Sec. 19-4-230. - Parking space requirements.
(a) All uses in the Town shall be required to provide for minimum off-street parking as set forth in this
Article.
(b) The total number of required off-street parking spaces shall be calculated based on Table 4.1 below.
Where square feet are specified, the area measured shall be the floor area measured as defined by
Section 19-2-610 of this Chapter.
Page 14
Table 4.1
Required Off-Street Parking Spaces
Type of Land Use Minimum Number of Parking Spaces Required
COMMERCIAL USES
Commercial business, office, retail
and personal service uses not
otherwise listed
One (1) space for every four hundred (400) square feet of floor
area.
Restaurants and eating and
drinking establishments
One (1) space for every four hundred (400) square feet of floor
area.
Funeral home One (1) space per four (4) seats.
Hotels and motels One (1) space per room.
Medical and dental clinics Four (4) spaces per patient room or one (1) space per two
hundred (250) square feet of floor area whichever is greater.
Motor vehicle service and repair
facility
Four (4) spaces per service bay plus appropriate stacking area.
INDUSTRIAL USES
Industrial and manufacturing
facilities
One (1) space for every one thousand (1,000) square feet of
floor area or one and one-tenth (1.1) spaces per employee
whichever results in more parking spaces.
Laboratory and research facilities One (1) space for every four hundred fifty (450) square feet of
floor area.
Wholesale uses and warehouses One (1) space for every one thousand (1,000) square feet of
floor area or one and one-half (1.5) spaces per employee,
whichever results in more parking spaces.
INSTITUTIONAL USES
Assisted living facility One (1) space per four (4) beds plus one (1) space per each
employee.
Child care center One and one-half (1.5) spaces per teacher plus one (1) space
per administrative employee.
Page 15
Type of Land Use Minimum Number of Parking Spaces Required
Church or place of worship and
assembly
One (1) space for every eight (8) fixed seats, or one (1) space
per one hundred (100) square feet without fixed seats, in the
principal place of assembly. (Bench capacity is calculated as
one (1) seat per twenty inches (24")).
Clubs or fraternal lodges One (1) space per two hundred (200) square feet of floor area.
Community center One (1) space for every eight (8) fixed seats, or one (1) space
per one hundred (100) square feet without fixed seats, in
auditoriums or other places of assembly. (Bench capacity is
calculated as one (1) seat per twenty inches (24")).
Elementary and middle schools One (1) space per classroom, plus one (1) space per three
hundred (300) square feet of office, plus one (1) space per
eight (8) fixed seats, or one (1) space per one hundred (100)
square feet without fixed seats, in the main auditorium.
High schools, vocational or
colleges and universities
One (1) space for each employee, plus one (1) space for every
five (5) students.
Hospitals One (1) space per two (2) beds plus one (1) space per
employee (maximum shift).
Library or museum One (1) space per four hundred (400) square feet of floor
space, plus one (1) space per two (2) employees.
Theaters, auditoriums or
stadiums; meeting rooms
One (1) space for every eight (8) fixed seats, or one (1) space
per one hundred (100) square feet without fixed seats, in the
principal place of assembly. (Bench capacity is calculated as
one (1) seat per twenty inches (24")).
RESIDENTIAL USES
Accessory dwelling unit (ADU) One (1) space.
Bed and breakfast One (1) space per guest room plus two (2) spaces for owner’s
portion.
Boarding and rooming houses One (1) space per rooming unit.
Single-family dwelling. Two (2) spaces.
Multifamily (1 bedroom or studio)
dwelling unit.
One (1) space.
Page 16
Type of Land Use Minimum Number of Parking Spaces Required
Multifamily (2 bedroom) dwelling
unit.
One and one-half (1.5) spaces.
Multifamily (3 or more bedroom)
dwelling unit.
Two (2) spaces.
Group home or other group living
facility not otherwise listed.
One (1) space per four (4) beds.
(c) When one (1) building or land use is planned to include a combination of different uses, including
accessory uses, the minimum parking requirement will be determined by applying the requirements
and standards in Table 4.1 above to each use and structure, resulting in a total parking requirement
for the property.
(1) The minimum number of parking spaces required shall be the sum of the requirements for each
separate use.
(2) Any partial spaces shall be rounded up to the next whole number.
(d) The Planning Commission may determine that storage areas for boats, trailers, campers and other
recreational vehicles shall be required where the necessity for such facilities has been demonstrated
and where such facilities will preserve the required off-street parking for the use of automobiles.
(e) For uses not listed or not fitting within one (1) of the above categories, the Town Staff shall
determine the required number of off-street parking spaces.
(1) The Town Staff is authorized to apply a minimum off-street parking space requirement for the
unlisted use based on the type of activity, intensity, number of employees and similarity to a
listed use.
(2) The Town Staff is authorized to establish the minimum off-street parking requirement by one or
more of the following methods:
a. Reference to standard parking resources published by American Planning Association;
b. A review of local or national best practices; and/or
c. A parking demand study prepared by a traffic engineer.
(f) Parking in a Planned Development is a negotiable item in terms of space size and amounts but in
general shall be provided as per the off-street parking requirements found in Table 4.1.
(g) A portion of the required off-street parking spaces shall be specifically designated, located and
reserved for use by persons with physical disabilities in accordance with the requirements specified
in the Americans with Disabilities Act (ADA).
Page 17
(1) The required handicap parking space requirements are listed in Table 4.2.
Table 4.2
Required Handicap Parking Spaces
Total Spaces In Parking Lot Handicap Accessible Spaces
1 – 25 1
26 – 50 2
51 – 75 3
76 – 100 4
101 – 150 5
151 – 200 6
201 – 300 7
301 – 400 8
401 – 500 9
501 – 1000 2 percent of total spaces
Above 1,000 20, plus 1 space for each 100 over 1,000 spaces or fraction
thereof.
(2) Additional information on ADA parking requirements, or any updates, can be obtained at 1-800-
514-0301 or at www.accessboard.gov.
Sec. 19-4-240. - Modification of parking space requirements.
(a) Parking management is often the best solution to parking challenges. Listed below are several policies
and programs that may result in a reduction in the number of parking spaces required and a more
efficient use of parking resources. The Town Staff may consider such proposals on a case-by-case
basis.
(b) In any non-residential or mixed-use area, the utilization of joint parking facilities to minimize the
proliferation of parking areas is encouraged. The Town Staff may reduce the number of required
spaces by up to twenty percent (20%) when parking is provided in common for more than one (1)
business.
(c) The Town Staff may allow on-street parking to satisfy the minimum off-street parking requirements in
the older sections of the Business District (herein defined as the entire Business District adjacent to
the US 40 Corridor from County Road 8 to County Road 804, including Park Avenue, Eastom Avenue,
N. Doc Susie Avenue, Fraser Avenue, Eisenhower Drive, Byers Avenue, Railroad Avenue and Mill
Avenue) in an effort to encourage infill and redevelopment opportunities.
(d) The Town Staff may allow on-street parking to satisfy the minimum off-street parking requirements in
a Planned Development District or the Riverside Mixed Use Overlay District in an effort to allow greater
flexibility and innovations in development and site design.
Page 18
(e) Additional right-of-way width may be required by the Town Staff to accommodate for any on-street
parking allowed in Subsections (c) or (d) above.
(f) The Town Staff may allow off-site parking within five hundred (500) feet of the front entry to the building
to satisfy the minimum off-street parking requirements. A written agreement governing each affected
property and providing for such off-site parking shall be approved by the Town Staff and recorded with
the Grand County Clerk and Recorder.
(g) The Town Staff may require the applicant to develop a contingency -based overflow parking plan to
manage and accommodate guests and occasional peak parking demands. Overflow parking areas
are not required to be hard surfaced. Alternate surfacing materials may be considered.
(h) The Town Staff may allow a reduction in commercial off-street parking requirements based on
proximity to public transportation. The maximum reduction in the number of parking spa ces shall be
no more than ten percent (10%) of the total required spaces. Proximity to public transportation is
defined as being within two hundred fifty (250) feet of a transportation corridor (herein defined as the
US 40 Corridor).
Sec. 19-4-250. - Loading requirements.
(a) Off-street loading areas shall be required so that vehicles using such loading areas can maneuver
safely and conveniently to and from a public right-of-way and complete loading and unloading
operations without obstructing or interfering with any public or private right-of-way, parking space or
driveway.
(b) These regulations shall apply to those non-residential land uses which require that goods,
merchandise or equipment be routinely delivered to or shipped from that land use.
(1) Buildings or structures to be built or substantially altered which receive and distribute material
or merchandise by truck shall provide and maintain off-street loading berths in sufficient number
and size to adequately handle the needs of the particular use.
(2) Required off-street loading spaces shall be provided on the same lot as the use served and
shall be surfaced and maintained in a manner consistent with the off-street parking areas for
the same use.
(3) Off-street loading spaces shall be a minimum of ten (10) feet wide and thirty-five (35) feet in
length and shall be designated solely for loading purposes.
Sec. 19-4-260. - Stacking requirements.
The purpose of stacking space requirements is to promote public safety by alleviating on -site and
off-site traffic congestion that might otherwise result from the operation of a drive-up or drive-through
facility. For all applicable drive-up or drive-through uses, the following off-street stacking requirements
shall apply:
Page 19
(1) Stacking spaces may be located anywhere on the building site, provided that traffic impacts on
and off site are minimized and the location does not create negative impacts on adjacent
properties due to noise, light or other factors.
a. A stacking space at a drive-in or drive-through window, menu board, order station,
designated drop-off zone, or service bay is considered to be a stacking space.
b. An area reserved for stacking spaces may not double as a circulation driveway,
maneuvering area, or off-street parking space.
(2) A stacking space shall calculated to be a minimum of eight and one-half (8.5) feet wide and
eighteen (18) feet long.
(3) A driveway designed for continuous forward flow of passenger vehicles for the purpose of
loading and unloading children shall be located on the site of any school having a capacity
greater than twenty-five (25) students.
(4) Drive-in or drive-through facility shall comply with the minimum stacking space standards
specified in Table 4.3.
Table 4.3
Required Vehicle Stacking Spaces
Type of Use Number of Stacking Spaces Measured From
Bank, teller lane 4 Teller window
Bank, ATM 3 Teller machine
Restaurant, with drive
through
8 Order box
Pharmacy, with drive through 4 Pick-up window
Car Wash, automatic 6 Bay entrance
Car Wash, self-service 3 Bay entrance
Car Wash, full service 4 Bay entrance
Auto Service Station, gas
pump island
30 feet from each end of island
Sec. 19-4-270. - Parking lot design requirements.
(a) All parking lots shall be provided with proper ingress and egress.
Page 20
(b) All parking areas shall be paved, except as may be provided for contingency-based overflow parking
in accordance with Section 19-4-240 (g).
(1) All parking and loading areas are to be completed and paved before a certificate of occupancy
is issued on a structure.
(2) The paving requirements may be temporarily waived should weather conditions necessitate it
or where a separate paving schedule has been agreed to by the Town.
(c) All parking spaces and driveways are to be defined with cribbing, curbing or similar material and
parking stalls clearly defined.
(d) Convenient, accessible and functional snow storage areas shall be provided for parking areas in
accordance with Section 19-4-185.
(e) For parking lots with less than ten (10) parking spaces, all spaces shall measure at least ten (10) feet
by twenty (20) feet, except for required handicapped spaces.
(f) For parking lots with ten (10) or more parking spaces, eighty percent (80%) of the required spaces
shall be at least ten (10) feet by twenty (20) feet, while the remainder of the spaces may be reduced
in size to nine (9) feet by eighteen (18) feet, except for required handicapped spaces.
(g) Parking for residential units is to be located no farther than two hundred (200) feet from those units.
(h) All improvements made to the parking lot, driveways and access roads, including signage, lighting,
striping and all other improvements, shall be maintained in a safe manner. Maintenance shall include
repairing of potholes and resurfacing and restriping the parking lot, and the removal of snow in
compliance with Town standards.
(i) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
Sec. 19-4-280. - Parking lot landscape requirements.
(a) All parking lots and commercial storage and service areas shall be screened from adjacent residential
property by the use of landscaping, berms, fences or a combination of landscaping and other structural
features approved by Town Staff.
(b) Specifications. Refer to Chapter 14 of this Code, Design Criteria and Construction Standards.
ARTICLE 5 - FLOOD DAMAGE PREVENTION
Division 1 Purpose and Applicability
19-5-110 Title
19-5-120 Authority
19-5-130 Purpose
19-5-140 Methods of reducing flood losses
19-5-150 Application
19-5-160 Compliance
19-5-170 Abrogation and greater restrictions
19-5-180 Interpretation
19-5-190 Warning and disclaimer of liability
Division 2 Administration
19-5-210 Designation of the Floodplain Administrator
19-5-220 Duties and responsibilities of the Floodplain Administrator
19-5-230 Establishment of the Floodplain Development Permit
19-5-240 Floodplain Development Permit procedures
19-5-250 Variance procedures
Division 3 Standards
19-5-310 Basis for establishing the Special Flood Hazard Area (SFHA)
19-5-320 General standards
19-5-330 Specific standards
19-5-340 Standards for areas of shallow flooding (AO/AH Zones)
19-5-350 Floodways
19-5-360 Alteration of a watercourse
19-5-370 Properties removed from the floodplain by fill
19-5-380 Standards for critical facilities
Division 4 Definitions
19-5-410 Words and terms
Page 1
ARTICLE 5 – Flood Damage Prevention
Division 1 Purpose and Applicability
Sec. 19-5-110. Title.
This Article shall be known as the Flood Damage Prevention Regulations of the Town of Fraser, and
may be so cited.
Sec. 19-5-120. Authority.
The Colorado Legislature has, in Title 29, Article 20 of the Colorado Revised Statutes, delegated the
responsibility of local governmental units to adopt regulations designed to minimize flood losses.
Therefore, the Town adopts this Article based on the following findings of fact:
(1) The flood hazard areas of Fraser are subject to periodic inundation, which can result in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the health, safety and general welfare of the public.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains which
cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas
by uses vulnerable to floods and hazardous to other lands because they are inadequately
elevated, flood proofed or otherwise protected from flood damage.
Sec. 19-5-130. Purpose.
The purpose of this Article is to promote public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to critical facilities, infrastructure and other public facilities such as water,
sewer and gas mains; electric and communications stations; and streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone
areas in such a manner as to minimize future flood blight areas; and
(7) Ensure that potential buyers are notified that property is located in a flood hazard area.
Page 2
Sec. 19-5-140. Methods of reducing flood losses.
To accomplish its purposes, this Article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or
cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
Sec. 19-5-150. Application.
This Article shall apply to all Special Flood Hazard Areas (SFHA’s) and areas removed from the
floodplain by the issuance of a Federal Emergency Management Agency (FEMA) Letter of Map Revision
(LOMR-F) within the jurisdiction of the Town.
Sec. 19-5-160. Compliance.
No structure or land shall hereafter be located, altered, or have its use changed within the SFHA
without compliance with this Article and other applicable regulations. No thing herein shall prevent the
Town from taking such lawful action as is necessary to pr event or remedy any violation. These
regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and
the National Flood Insurance Program (NFIP).
Sec. 19-5-170. Abrogation and greater restrictions.
This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Article and another Article, ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 19-5-180. Interpretation.
In the interpretation and application of this Article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the Town; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Page 3
Sec. 19-5-190. Warning and disclaimer of liability.
The degree of flood protection required by this Article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater floods can
and will occur and flood heights may be increased by man -made or natural causes. This Article does not
imply that land outside the SFHA or uses permitted within such areas will be free from flooding or flood
damages. This Article shall not create liabilit y on the part of the Town or any official or employee thereof
for any flood damage that results from reliance on this Article or any administrative decision made
thereunder.
Page 4
Division 2 Administration and Procedures
Sec. 19-5-210. Designation of the Floodplain Administrator.
The Town Manager is hereby appointed as the Floodplain Administrator to administer, implement
and enforce the provisions of this Article and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to floodplain management.
Sec. 19-5-220. Duties and responsibilities of the Floodplain Administrator.
The Floodplain Administrator shall:
(1) Maintain all records pertaining to this Article, including the actual elevation (in relation to mean
sea level) of the lowest floor of all new or substantially improved structures and any
floodproofing certificate required by Section 19-5-240.
(2) Review Floodplain Development Permit applications to determine whether a proposed building
site, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve, or deny all applications for Floodplain Development Permits.
(4) Review permits for proposed development to assure that all necessary permits have been
obtained from those federal, state or local governmental agencies (including § 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior
approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between a mapped boundary
and actual field conditions), the Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the Colorado Water Conservation
Board, prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to FEMA.
(7) Ensure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When Base Flood Elevation (BFE) data has not been provided in accordance with Section 19-
5-310, the Floodplain Administrator shall obtain, review and reasonably utilize any BFE data
and floodway data available from a federal, state, or other source, in order to administer this
Article.
(9) For waterways with BFEs for which a regulatory floodway has not been designated, no new
construction, substantial improvements, or other development (including fill) shall be permitted
within Zones A1-30 and AE on the Flood Insurance Rate Map (FIRM), unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation of the base flood
more than one-half (½) foot at any point within the Town.
(10) Under the provisions of 44 C.F.R. Chapter 1, § 65.12 of the National Flood Insurance Program
regulations, approve certain development in Zones A1-30, AE, or AH, on the FIRM which
increases the water surface elevation of the base flood by more than one-half (½) foot,
Page 5
provided that the Town first applies for a conditional FIRM revision through FEMA (Conditional
Letter of Map Revision).
(11) Inspect all development at appropriate times during the period of construction to ensure
compliance with this Article.
Sec. 19-5-230. Establishment of the Floodplain Development Permit.
A Floodplain Development Permit shall be required to ensure conformance with the provisions of this
Article.
Sec. 19-5-240. Floodplain Development Permit procedures.
(a) The applicant shall submit all required application materials specified for a Floodpla in Development
Permit in Appendix 1 to the Floodplain Administrator. The Floodplain Development Permit shall be
reviewed by the Town in accordance with Section 19-1-210 and Table 1.1 of this Chapter.
(b) Consideration of a Floodplain Development Permit shall be based on this Article and the following
criteria:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood dam age and the effect of
such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sew er,
gas, electrical and water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters
and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(10) The relationship of the proposed use to the Comprehensive Plan for that area.
Sec. 19-5-250. Variance procedures.
(a) The Board of Adjustment as established by the Town shall hear and render judgment on requests for
variances from the requirements of this Article.
Page 6
(b) The Board of Adjustment shall hear and render judgment on an appeal only when it is al leged that
there is an error in any requirement, decision or determination made by the Floodplain Administrator
in the enforcement or administration of this Article.
(c) Any person aggrieved by the decision of the Board of Adjustment may appeal such decision in the
courts of competent jurisdiction pursuant to Section 19-1-320.
(d) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall
report variances to the FEMA upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on
the National Register of Historic Places or the state Inventory of Historic Properties, upon a
determination that the proposed reconstruction, rehabilitation or restoration will not preclude the
structure's continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(f) Variances may be issued for new construction and substantial improvements to be erected on a lot
of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the BFE, providing the relevant factors in Section 19-5-240 (b) above have been
considered. As the lot size increases beyond the one-half (½) acre, the technical justification
required for issuing the variance increases.
(g) Upon consideration of the factors noted in (e) and (f) above and the intent of this Article, the Board of
Adjustment may attach such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this Article as stated in Section 19-5-130.
(h) Variances shall not be issued within any designated floodway if any incr ease in flood levels during
the base flood discharge would result.
(i) A variance shall only be granted upon a showing of the following:
(1) That the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2) That there exists good and sufficient cause;
(3) That failure to grant the variance would result in exceptional hardship to the applicant; and
(4) That the granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or
conflict with existing Town ordinances.
(j) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with the lowest floor elevation below the BFE, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(k) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that:
(1) The criteria outlined in this Section are met; and
(2) The structure or other development is protected by methods that minimize flood damage during
the base flood and create no additional threats to public safety.
Page 7
Division 3 Standards
Sec. 19-5-310. Basis for establishing the Special Flood Hazard Area (SFHA).
The SFHAs identified by FEMA in a scientific and engineering report entitled, “The Flood Insurance
Study for Grand County, Colorado and Incorporated Areas," dated January 2, 2008, with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions
thereto are hereby adopted by reference and declared to be a part of this Article . These SFHAs identified
by the Flood Insurance Study (FIS) and attendant mapping are the minimum area of applicability of this
Article and may be supplemented by studies designated and approved by the Town.
Sec. 19-5-320. General standards.
The following standards shall apply for all new construction and substantial improvements in an
SFHA:
(1) Structures shall be designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
(2) Structures shall be constructed by methods and practices that minimize flood damage.
(3) Structures shall be constructed with materials resistant to flood damage.
(4) Structures shall be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding.
(5) Manufactured homes shall be installed using methods and practices which minimize flood
damage. For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include
without limitation use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state and local anchoring requirements for resisting wind forces.
(6) New and replacement water supply systems shall be designed to minimize or eli minate
infiltration of flood waters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood waters.
(8) On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
Sec. 19-5-330. Specific standards.
In all SFHAs where BFE data has been provided as set forth in Section 19-5-220 or Section 19-5-
310, the following standards shall apply:
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(1) Residential construction. New construction and substantial improvements shall have the lowest
floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities (including ductwork), elevated to one (1) foot above the BFE. Upon completion of the
structure, the elevation of the lowest floor, including basement, s hall be certified by a licensed
Colorado Professional Engineer, architect, or land surveyor. Such certification shall be
submitted to the Floodplain Administrator.
(2) Non-residential construction. With the exception of critical facilities outlined in Sec tion 19-5-
380, new construction and substantial improvements shall either have the lowest floor,
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities (including ductwork), elevated to one (1) foot above the BFE or, together with
attendant utility and sanitary facilities, be designed so that at one (1) foot above the BFE the
structure is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A licensed Colorado Professional Engineer or architect shall develop
and/or review structural design, specifications, and plans for the construction, and shall certify
that the design and methods of construction are in accordance with accepted standards of
practice as outlined in this Subsection. Such certification shall be submitted to the Floodplain
Administrator.
(3) Enclosures. New construction and substantial improvements with fully enclosed areas below
the lowest floor that are usable solely for parking of vehicles, buil ding access, or storage in an
area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs shall either be certified by a licensed Colorado Professional
Engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one (1) square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one (1) foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured homes. Manufactured homes that are placed or substantially improved within
Zones A1-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing manufactured home park
or subdivision on which manufactured home has incurred "substantial damage" as a result of a
flood, be elevated on a permanent foundation such that the lowest floor of the manufactured
home, electrical, heating, ventilation, plumbing, and air conditioni ng equipment and other
service facilities (including ductwork), are elevated to one (1) foot above the BFE and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement. Manufactured homes placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30, AH and AE on the FIRM
that are not subject to (i), (ii),(iii) or (iv) above shall be elevated so that either:
a. The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities (including ductwork), are one (1) foot
above the BFE; or
b. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
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grade and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(5) Recreational vehicles. All recreational vehicles placed on sites within Zones A1-30, AH, and
AE on the FIRM shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
b. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use
if it is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions), or
c. Meet the permit requirements of Section 19-5-240, and the elevation and anchoring
requirements for manufactured homes in Subsection (4) hereof.
(6) Below-grade residential crawlspace construction. New construction and substantial
improvement of any below-grade crawlspace shall:
a. Have the interior grade elevation that is below base flood elevation no lower than two (2)
feet below the lowest adjacent grade;
b. Have the height of the below-grade crawlspace measured from the interior grade of the
crawlspace to the top of the foundation wall not exceed four (4) feet at any point;
c. Have an adequate drainage system that allows floodwaters to drain from the interior area of
the crawlspace following a flood;
d. Be anchored to prevent flotation, collapse or lateral movement of the structure and be
capable of resisting the hydrostatic and hydrodynamic loads;
e. Be constructed with materials and utility equipment resistant to flood damage;
f. Be constructed using methods and practices that minimize flood damage;
g. Be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
h. Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a licensed Colorado Professional Engineer or architect or must meet or exceed
the following minimum criteria:
1. A minimum of two (2) openings having a total net area of not less than one (1) square
inch for every square foot of enclosed area subject to flooding shall be provided;
2. The bottom of all openings shall be no higher than one (1) foot above grade; and
3. Openings may be equipped with screens, louvers or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
Sec. 19-5-340. Standards for areas of shallow flooding (AO/AH Zones).
Located within the SFHA are areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of one (1) foot to three (3) feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow, and therefore, the following standards
shall apply:
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(1) Residential construction. New construction and substantial improvements shall ha ve the lowest
floor(including basement), electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities (including ductwork), elevated above the highest adjacent
grade at least one (1) foot above the depth number specified in feet on the FIRM (at least three
[3] feet if no depth number is specified).
(2) Non-residential construction. With the exception of critical facilities outlined in Section 19-5-380,
new construction and substantial improvements shall have the lowest floor(including
basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities (including ductwork), elevated above the highest adjacent grade at least one
foot above the depth number specified in feet on the FIRM (at least three [3] feet if no depth
number is specified), or together with attendant utility and sanitary facilities, be designed so that
the structure is watertight to at least one (1) foot above the BFE with walls substantially
impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy. In Zones AH or AO,
adequate drainage paths around structures on slopes are required to guide flood waters around
and away from proposed structures.
(3) A licensed Colorado Professional Engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section are satisfied.
Sec. 19-5-350. Floodways.
Located within SFHAs are areas designated as floodways. The Colorado statewide standard for the
designated height to be used for all newly studied reaches shall be one -half (½) foot (six [6] inches).
Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in
place at the time of the existing floodway delineation. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectiles and erosion po tential, the
following standards shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements and
other development within the floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance
with standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the Town during the occurrence of the base flood discharge.
(2) If Subsection (1) above is satisfied, new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this Article.
(3) Under the provisions of 44 CFR Chapter 1, § 65.12 of the National Flood Insurance
Regulations, the Town may permit encroachments within the floodway that would result in an
increase in BFE, provided that the Town first applies for a Conditional Letter Of Map Revision
(CLOMR) and floodway revision through FEMA.
Sec. 19-5-360. Alteration of a watercourse.
For all proposed developments that alter a watercourse within a SFHA, the following standards shall
apply:
(1) Channelization and flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential problems
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through the project as well as upstream and downstream of any improvement activity. A
detailed analysis of sediment transport and overall channel stability should be considered,
when appropriate, to assist in determining the most appropriate design.
(2) Channelization and flow diversion projects shall evaluate the residual 100 -year floodplain.
(3) Any channelization or other stream alteration activity proposed by a project proponent must be
evaluated for its impact on the regulatory floodplain.
(4) Any stream alteration activity shall be designed and sealed by a licensed Colorado Professional
Engineer or Certified Professional Hydrologist.
(5) All activities within the floodplain shall meet all applicable federal and state floodplain
requirements and regulations and this Article.
(6) Within the floodway, stream alteration activities shall not be constructed unless the project
proponent demonstrates through a floodway analysis and report, sealed by a licensed Colorado
Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions
compared to existing conditions floodway resulting from the project, otherwise known as a no -
rise certification, unless the Town first applies for a CLOMR and floodway revision in
accordance with Section 19-5-350.
(7) Maintenance shall be required for any altered or relocated portions of watercourses so that the
flood-carrying capacity is not diminished.
Sec. 19-5-370. Properties removed from the floodplain by fill.
A Floodplain Development Permit shall not be issued for the construction of a new structure or
addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA
LOMR-F unless such new structure or addition complies with the following:
(1) Residential construction. The lowest floor, electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), shall be eleva ted to
one (1) foot above the BFE that existed prior to the placement of fill.
(2) Non-residential construction. The lowest floor, electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), shall be elevated to
one (1) foot above the BFE that existed prior to the placement of fill, or together with attendant
utility and sanitary facilities be designed so that the structure or addition is watertight to at least
one (1) foot above the BFE that existed prior to the placement of fill with walls substantially
impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
Sec. 19-5-380. Standards for critical facilities.
(a) Critical facilities are classified under the following categories: essential services; hazardous
materials; at-risk populations; and vital to restoring normal services. It is the responsibility of the
Floodplain Administrator to identify and confirm that specific structures in the Town meet the
following criteria:
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(1) Essential services facilities, unless exempted per paragraphs g and h below, include public
safety, emergency response, emergency medical, designated eme rgency shelters,
communications, public utility plant facilities, and transportation lifelines, as follows:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment
storage, and, emergency operation centers);
b. Emergency medical (hospitals, ambulance service centers, urgent care centers having
emergency treatment functions, and non-ambulatory surgical structures but excluding
clinics, doctors’ offices, and non-urgent care medical structures that do not provide these
functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable systems,
satellite dish systems, cellular systems, television, radio, and other emergency warning
systems, but excluding towers, poles, lines, cables, and conduits);
e. Public utility plant facilities for generation and distribution (hubs, treatment plants,
substations and pumping stations for water, power and gas, but not including towers, poles,
power lines, buried pipelines, transmission lines, distribution lines, and service lines); and
f. Air transportation lifelines (airports [municipal and larger], helicopter pads and structures
serving emergency functions, and associated infrastructure [aviation control towers, air
traffic control centers, and emergency equipment aircraft hangars ]).
g. Specific exemptions to this category include wastewater treatment plants, non -potable
water treatment and distribution systems, and hydroelectric power generating plants and
related appurtenances.
h. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of
the Floodplain Administrator that the facility is an element of a redundant system for which
service will not be interrupted during a flood. At a minimum, it shall be demonstrated that
redundant facilities are available (either owned by the same utility or available through an
intergovernmental agreement or other contract) and connected, the alternative facilities are
either located outside of the 100-year floodplain or are compliant with this Article, and an
operations plan is in effect that states how redundant systems will provide service to the
affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to
the Floodplain Administrator on an as-needed basis upon request.
(2) Hazardous materials facilities, unless exempted per paragraphs f and g below, include facilities
that produce or store highly volatile, flammable, explosive, toxic or water-reactive materials.
Facilities shall be determined to be critical facilities if they produce or store materials in excess
of threshold limits. If the owner of a facility is required by the Occupational Safety and Health
Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on fi le for any chemicals
stored or used in the work place, and the chemical(s) is stored in quantities equal to or greater
than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be
considered to be a Critical Facility. The TPQ for these chemicals is either: 500 pounds or the
TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical.
This threshold is consistent with the requirements for reportable chemicals established by the
Colorado Department of Public Health and Environment. OSHA requirements for MSDS can be
found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation
"Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010), and OSHA
regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010), are
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incorporated herein by reference and include the regulations in existence at the time of t he
promulgation of this Article, but exclude later amendments to or editions of the regulations.
These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive
materials;
c. Refineries;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
f. Specific exemptions to this category include finished consumer products wi thin retail
centers and households containing hazardous materials intended for household use;
pharmaceutical sales, use, storage, and distribution centers that do not manufacture
pharmaceutical products; and agricultural products intended for agricultural use.
g. Specific exemptions to this category also include structures containing hazardous materials
for which it can be demonstrated to the satisfaction of the local authority having jurisdiction
by hazard assessment and certification by a qualified professional (as determined by the
local jurisdiction having land use authority) that a release of the subject hazardous material
does not pose a major threat to the public.
h. The exemptions in (f) and (g) above shall not apply to structures that also function as
critical facilities under another category outlined in this Article.
(3) At-risk population facilities include medical care, congregate care, and schools. These facilities
consist of:
a. Elder care (nursing homes);
b. Congregate care serving twelve (12) or more individuals (day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-school care
serving twelve (12) or more children.
(4) Facilities vital to restoring normal services including government operations, unless exempted
per paragraph c below. These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting and
inspection services, Town administration and management, maintenance and equipment
centers); and
b. Essential structures for public colleges and universities (dormitories, offices, and
classrooms only).
c. These facilities may be exempted if it is demonstrated to the Floodplain Administrator that
the facility is an element of a redundant system for which service will not be interrupted
during a flood. At a minimum, it shall be demonstrated that redundant facilities are available
(either owned by the same entity or available through an intergovernmental agreement or
other contract), the alternative facilities are either located outside of the 100-year floodplain
or are compliant with this Article, and an operations plan is in effect that states how
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redundant facilities will provide service to the affected area in the event of a flood. Evidence
of ongoing redundancy shall be provided to the Floodplain Administrator on an as-needed
basis upon request.
(b) Protection for critical facilities. New and substa ntially improved critical facilities and new additions to
critical facilities located within the SFHA shall be regulated to a higher standard than structures not
determined to be critical facilities. For purposes of this Article, protection shall include one (1) of the
following:
(1) Location outside the SFHA; or
(2) Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and
sanitary facilities, to at least two (2) feet above the BFE.
(c) Access for new critical facilities. New critical facilities shall, when practicable as determined by the
Floodplain Administrator, have continuous non-inundated access (ingress and egress for evacuation
and emergency services) during a 100-year flood.
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Division 4 Definitions
Sec. 19-5-410. – Words and terms.
The following words and phrases shall have the following meanings when used in this Article, unless
the context otherwise requires:
Addition means any activity that expands the enclosed footprint or increases the square footage
of an existing structure.
Alluvial fan flooding means a fan-shaped sediment deposit formed by a stream that flows from a
steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main
stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned
channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent
sheet flood, channel avulsions and other stream processes.
Appeal means a request for a review of the Floodplain Administrator’s interpretation of any
provisions of this Article or a request for a variance.
Area of shallow flooding means a designated AO, AH or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent chance or greater annual chance of flooding to an
average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Base flood means the flood having a one-percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map
for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-30, AR/AH, AR/AO, V1-V30, and VE that
indicates the water surface elevation resulting from a flood that has a one-percent chance of
equaling or exceeding that level in any given year.
Basement means any area of a building having its floor sub-grade (below ground level) on all
sides. See figure below.
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Channel means the physical confine of a stream or waterway consisting of a bed and stream
banks, existing in a variety of geometries. See figure below.
Channelization means the artificial creation, enlargement or realignment of a stream channel.
Code of Federal Regulations (CFR) means the codification of the general and permanent Rules
published in the Federal Register by the executive departments and agencies of the federal
government. It is divided into 50 titles that represent broad areas subject to federal regulation.
Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project
which does not revise an effective floodplain map that would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodplain.
Critical facility means a structure or related infrastructure but not the land on which it is situated,
as specified, in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that, if
flooded, may result in significant hazards to public health and safety or interrupt essential services
and operations for the community at any time before, during and after a flood.
Development means any man-made change in improved and unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
Digital Flood Insurance Rate Map (DFIRM) means a FEMA digital floodplain map. These digital
maps serve as “regulatory floodplain maps” for insurance and floodplain management purposes.
DFIRM database means data and analyses that accompany DFIRMs. The FEMA Mapping
Specifications and Guidelines outline requirements for the development and maintenance of DFIRM
databases.
Elevated building means a non-basement building:
a. Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have
the top of the elevated floor above the ground level by means of pilings, columns (posts
and piers), or shear walls parallel to the flow of the water and;
b. Adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO,
AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or
solid foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters (See FEMA Lowest Floor Guide).
Existing construction means, for the purposes of determining rates, structures for which the start
of construction commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. Existing construction may also be referred to as existing structures.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets and either final site grading or the pouring of concrete pads) is completed before the effective
date of this Article.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets and either
final site grading or the pouring of concrete pads).
Federal Register means the official daily publication for Rules, proposed Rules, and notices of
federal agencies and organizations, as well as executive orders and other presidential documents.
FEMA means Federal Emergency Management Agency, the agency responsible for
administering the National Flood Insurance Program.
Page 17
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
a. The overflow of water from channels and reservoir spillways;
b. The unusual and rapid accumulation or runoff of surface waters from any source; or
c. Mudslides or mudflows that occur from excess surface water that is combined with mud or
other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas
(such as earth carried by a current of water and deposited along the path of the current).
Flood, 100-year means a flood having a recurrence interval that has a one-percent chance of
being equaled or exceeded during any given year (1-percent-chance-annual flood). The terms "one-
hundred-year flood" and "one-percent chance flood" are synonymous with the term "100-year flood."
The term does not imply that the flood will necessarily happen once every one hundred years.
Flood, 500-year means a flood having a recurrence interval that has a 0.2-percent chance of
being equaled or exceeded during any given year (0.2 -percent-chance-annualflood). The term does
not imply that the flood will necessarily happen once every five hundred years.
Flood control works means a physical structure designed and built expressly or partially for the
purpose of reducing, redirecting, or guiding flood flows along a particular wa terway. These
specialized flood-modifying works are those constructed in conformance with sound engineering
standards.
Flood Insurance Rate Map (FIRM) means an official map on which the Federal Emergency
Management Agency has delineated both the Special Flood Hazard Areas and the risk premium
zones applicable to the Town.
Flood Insurance Study (FIS) means the official report provided by the Federal Emergency
Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for
studied flooding sources that can be used to determine Base Flood Elevations for some areas.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the areas within the Town subject to a special flood hazard
and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those
constructed in conformance with sound engineering standards.
Floodplain or flood-prone area means any land area susceptible to being inundated as the
result of a flood, including the area of land over which floodwater would flow from the spillway of a
reservoir. See figure below.
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Floodplain, 100-year means the area of land susceptible to being inundated as a result of the
occurrence of a one-hundred-year flood.
Floodplain, 500-year means the area of land susceptible to being inundated as a result of the
occurrence of a five-hundred-year flood.
Floodplain Administrator means the Town official designated by title to administer and enforce
the floodplain management regulations. The Town Manager is the Flood Administrator for the Town.
Floodplain development permit means a permit required before construction or development
begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within the
Town, the Town shall require permits for all proposed construction or other development in the Town
including the placement of manufactured homes, so that it may determine whether suc h construction
or other development is proposed within flood-prone areas. Permits are required to ensure that
proposed development projects meet the requirements of the NFIP and this Article.
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term describes
such state or local regulations (including this Article), in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and/or non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway (regulatory floodway) means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Freeboard means the vertical distance in feet above a predicted water surface elevation
intended to provide a margin of safety to compensate for unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood such as debris blockage of
bridge openings and the increased runoff due to urbanization of the watershed.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
Page 19
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance
Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally
based on the implementation of physical measures that affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modifica tion of the existing regulatory
floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
Letter of Map Revision Based on Fill (LOMR-F) means FEMA’s modification of the Special
Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the
placement of fill outside the existing regulatory floodway.
Levee means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, contro l or divert the flow of
water so as to provide protection from temporary flooding. For a levee structure to be reflected on
the FEMA DFIRMs as providing flood protection, the levee structure must meet the requirements set
forth in 44 CFR 65.10.
Levee system means a flood protection system which consists of a levee or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor
used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation
or any combination thereof. This includes any floor that could be converted to such a us e such as a
basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a
building, home or business. An unfinished or flood-resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not considered a
building's lowest floor; provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood
insurance Program regulations.
Manufactured home means a structure transportable in one (1) or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term ma nufactured home does not include a recreational
vehicle.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
Material Safety Data Sheet (MSDS) means a form with data regarding the properties of a
particular substance. An important component of product stewardship and workplace safety, it is
intended to provide workers and emergency personnel with procedures for handling or working with
that substance in a safe manner, and includes information such as physical data (melting point,
boiling point, flash point, etc.), toxicity, health effects, f irst aid, reactivity, storage, disposal, protective
equipment, and spill-handling procedures.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
Flood Insurance Rate Map are referenced.
National Flood Insurance Program (NFIP) means FEMA’s program of flood insurance coverage
and floodplain management administered in conjunction with the Robert T. Stafford Relief and
Emergency Assistance Act. The NFIP has applicable federal regulations promulgated in Title 44 of
the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage
of the National Flood Insurance Act of 1968.
New construction means, for the purpose of determining insurance rates, structures for which
the start of construction commenced on or after the effective date of an initial FIRM or after
Page 20
December 31, 1974, whichever is later, and includes any subsequent improvements to s uch
structures. For floodplain management purposes, new construction means structures for which the
start of construction commenced on or after the effective date of this Article and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construct ion of streets and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of this
Article.
No-rise certification means a record of the results of an engineering analysis conducted to
determine whether a project will increase flood heights in a floodway. A No -Rise Certification must
be supported by technical data and signed by a licensed Colorado Professional Engineer. The
supporting technical data should be based on the standard step-backwater computer model used to
develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary
and Floodway Map (FBFM).
Physical Map Revision (PMR) means FEMA’s action whereby one or more map panels are
physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or
floodway delineations, flood elevations, and/or plan features.
Recreational vehicle means a vehicle which is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal
projections;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Special Flood Hazard Area (SFHA) means the land in the floodplain within the Town subject to
a one-percent or greater chance of flooding in any given year, i.e., the 100 -year floodplain. The area
may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed
ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined
into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
Start of construction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act [Pub. L. 97-348]), includes substantial improvement and means the
date the building permit was issued, provided that the actual start of construction, rep air,
reconstruction, rehabilitation, addition, placement or other improvement was within one hundred
eighty (180) days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns or any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
Structure means a walled and roofed building, including a gas or liquid storage tank, which is
principally above ground, as well as a manufactured home.
Page 21
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of
the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure before the start of construction of the improvement. This te rm includes
structures which have incurred substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified by the local Code
Enforcement Official and which are the minimum necessary conditions; or
b. Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as an historic structure.
Threshold Planning Quantity (TPQ) means a quantity designated for each chemical on the list
of extremely hazardous substances that triggers notification by facilities to the state that such
facilities are subject to emergency planning requirements.
Variance means a grant of relief to a person from one (1) or more requirements of this Article
when specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this Article. (For full requirements,
see Section 60.6 of the National Flood Insurance Program regulations).
Violation means the failure of a structure or other development to be fully compliant with this
Article. A structure or other development without the elevation certificate, other certifications or other
evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of
the National Flood Insurance Program regulations is presumed to be in violation until such time as
that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
ARTICLE 6 - SIGNS
Division 1 Purpose and Applicability
19-6-110 Purpose
19-6-120 Intent
19-6-130 Application
Division 2 Administration
19-6-210 Sign permit required
19-6-220 Sign permit review
19-6-230 Master Sign Plan (MSP)
19-6-240 Variances and appeals
19-6-250 Exempt signs
19-6-260 Prohibited signs
Division 3 Standards
19-6-310 Sign standards by zoning district
19-6-320 Permanent signs
19-6-330 Temporary signs
19-6-340 Sign measurement
Division 4 Design, Installation and Maintenance
19-6-410 Sign design
19-6-420 Sign installation
19-6-430 Sign alteration
19-6-440 Sign maintenance
19-6-450 Sign removal
Division 5 Definitions
19-6-510 Words and terms
Page 1
ARTICLE 6 - Signs
Division 1 – Purpose and Applicability
Sec. 19-6-110. – Purpose.
These sign regulations are established to safeguard the health, safety, convenience, order and
welfare of all residents of the Town. The purpose of this Article is to provide a balanced and fair legal
framework for the design, construction, and placement of signs that:
(1) Promote the safety of persons and property by ensuring that signs do not create a hazard by:
a. Confusing or distracting motorists; or
b. Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic
signs.
(2) Promote the efficient communication of messages, and ensure that persons exposed to signs
are not overwhelmed by the number of messages presented;
(3) Protect the public welfare and enhance the appearance and economic value of the landscape
by reducing and preventing sign clutter;
(4) Ensure that signs are compatible with their surroundings, and prevent the construction of signs
that are a nuisance to occupants of adjacent and contiguous property due to brightness,
reflectivity, bulk, or height;
(5) Enhance property values and business opportunities;
(6) Assist in wayfinding; and
(7) Provide fair and consistent permitting and enforcement.
Sec. 19-6-120. – Intent.
It is the intent of these regulations to provide for the proper control of signs in a manner consistent
with the First Amendment guarantee of free speech. It is not the intent of these regulations to regulate
signs based on the content of their messages. Rather, this Article advances important, substantial, and
compelling governmental interests.
(1) The incidental restriction on the freedom of speech that may result from the regulation of signs
hereunder is no greater than is essential to the furtherance of the important, substantial, and
compelling interests that are advanced by this Article.
(2) The Town has an important and substantial interest in preventing sign clutter (which is the
proliferation of signs of increasing size and dimensions as a result of competition among
property owners for the attention of passing motorists and pedestrians), because sign clutter:
Page 2
a. Creates visual distraction and obstructs views, potentially creating a public safety hazard
for motorists, bicyclists, and pedestrians;
b. May involve physical obstructions of streets or sidewalks, creating public safety hazards;
c. Degrades the aesthetic and essential historic character of the Town, making the Town a
less attractive place for tourism, commerce, and private investment; and
d. Dilutes or obscures messages displayed along the Town's streets through the proliferation
of distracting structures and competing messages.
(3) The Town has a substantial and/or compelling interest in preventing traffic accidents.
(4) The Town has a substantial and/or compelling interest in preventing negative impacts
associated with temporary signs. Temporary signs may be degraded, damaged, moved, or
destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movem ent,
or destruction, such signs harm the safety and aesthetics of the Town's streets if they are not
removed.
Sec. 19-6-130. - Application.
The provisions of these regulations shall apply to the display, construction, erection, alteration, use,
maintenance, and location of all signs within the Town.
(1) If any provision of this Article conflicts with any other adopted Town code that regulates signs,
the more restrictive standards shall apply.
(2) The Town recognizes other regulations pertaining to signage (i.e., State of Colorado,
Department of Highways, “Rules and Regulations Pertaining to Outdoor Advertising,” effective
January 1, 1984, and as may be amended). Where any provision of this Article addresses the
same subject matter as other regulations, the more restrictive regulation shall apply.
(3) Nothing in this Article shall be construed as a defense to a violation of applicable state or
federal law.
(4) Signs shall be permitted in the various zoning districts as accessory structures in accordance
with these regulations.
(5) All signs displayed, constructed, erected or altered after the date of the adoption of these
regulations shall be in conformance with the provisions of these regulations. All signs that are
existing at the time of the adoption of these regulat ions shall not be altered or enlarged without
being brought into conformance with these regulations.
(6) Existing signs which do not conform to the specific provisions of these regulations are
designated as nonconforming signs. Notwithstanding Article 2, Division 5 of this Chapter, all
nonconforming signs shall be removed or brought in conformance with these regulations on or
before the earlier to occur of the following events:
Page 3
a. The sign is relocated or replaced.
b. The structure or size of the sign is altered in any way except towards compliance with these
regulations. This does not refer to change of copy or normal maintenance.
c. The sign suffers more than fifty percent (50%) damage or deterioration to its appraised
value.
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Division 2 – Administration
Sec. 19-6-210 - Sign permit required.
A sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or
temporary sign, except signs that are exempt from permits in compliance with Section 1 9-6-250 of this
Article.
(1) Changing or replacing the copy on an existing lawful sign shall not require a permit, provided
that the copy change does not change the type of the sign or render the sign in violation of this
Article.
(2) A separate sign permit shall be required for each sign.
(3) In addition to the required sign permit, a building permit may be required by Town Staff for
signs incorporating structural elements or attached to buildings. Electrical permits may be
required for signs that are illuminated or other signs with electrical components.
Sec. 19-6-220 – Sign permit review.
(a) A complete application for a sign permit shall be submitted on a form provided in Appendix 1. A sign
permit fee shall be paid to the Town in accordance with the fee schedule in Appendix 2.
(b) The sign permit application shall be reviewed by the Town in accordance with Section 19-1-210 and
Table 1.1 of this Chapter.
(c) The following review criteria will be used by Town Staff to evaluate all sign permit applications:
(1) That the sign meets the requirements of this Article and other applicable codes;
(2) That the sign conforms to the size, height and location requirements of this Article for the
zoning district in which it is located; and
(3) That the sign will not interfere with pedestrian or vehicular safety.
Sec. 19-6-230. - Master Sign Plan (MSP).
(a) For any shopping center, industrial park, PD District or other unified form of site development, an
applicant may submit a master sign plan that consists of coordinated, shared signage for the entire
development. The applicant shall submit all required materials specified in Appendix 1
(b) The purpose of a MSP is to establish design compatibility for a coordinated program of common
signage, to provide for flexible signage opportunities that are greater than th e signage otherwise
allowed under this Article and to communicate to the public the planned land uses and their
locations. Signs in a master sign plan shall have mutually unifying elements, which may include
uniformity in materials, color, size, height, letter style, sign type, shape, lighting, location on
buildings, and design motif.
(c) The MSP application shall be reviewed by the Town in accordance with Section 19 -1-210 and Table
1.1 of this Chapter.
(d) In reviewing an applicant’s submittal of a MSP that conforms with the provisions of this Section, the
Board of Trustees may approve site specific standards for area, height and number of individual
signs. The Planning Commission shall review the MSP at a public hearing and make a
recommendation to the Board of Trustees.
Page 5
(e) Upon approval of the MSP, subsequent application for specific signs shall be approved
administratively when the proposed sign is in compliance with the approved MSP. Each sign shall
require a sign permit and applicable fee.
Sec. 19-6-240 – Variances and appeals.
(a) Administrative variances. Town Staff shall be authorized to grant minor modifications of any sign
standard, including but not limited to sign area and/or height modifications of ten percent (10%) or
less, upon a finding that:
(1) Such action is taken in order to encourage the implementation of alternative or innovative
practices that provide equivalent benefits to the public, or
(2) The minor modification is of a technical nature and is required to compensate fo r some practical
difficulty or unusual aspect of the site or the proposed sign.
(b) Board of Adjustment variances. Any other request for an increase in the maximum allowable area for
a sign or a variance from any of the requirements of this Article must be app roved through a
variance granted by the Board of Adjustment in accordance with the provisions of this Chapter.
(c) Appeals. Any sign type not specified herein shall be reviewed by Town Staff on a case-by-case
basis. All decisions of the Town Staff under this Section are the final action of the Town.
Sec. 19-6-250. - Exempt signs.
The following signs are exempt from the sign permit regulations of Section 19-6-210 above; however
remain subject to the remaining provisions of this Article. Exempt signs shall otherwise be in conformance
with all applicable requirements of this Chapter, and the construction and safety standards of the Town.
All signs not listed in this Section (and that are not prohibited under Section 19-6-260 below) require a
sign permit pursuant to Section 19-6-210 above. The following exempt signs shall be unlit unless
specified below:
(1) Signs erected by the Town or by any federal, state or county government agency.
(2) Any public purpose/safety sign and any other notice or warning required by a valid and
applicable federal, state or local law, regulation or resolution, provided that the sign does not
exceed four (4) square feet in area. These signs shall comply with the lighting requirements of
this Article.
(3) Signs displayed on motor vehicles which are being operated or stored in the normal course of a
business, provided that the primary purpose of such vehicles is not for the display of signs and
provided that they are parked or stored in areas appropriate to their use as vehicles.
(4) Scoreboards for athletic fields, provided that such scoreboards comply with the lighting
requirements of this Article.
(5) Temporary decorations or displays, if they are clearly incidental to, customarily, or commonly
associated with any national, state, or local holiday or religious celebration; such decorations or
displays may be of any type, number, area, height, location, illumination or animation, provided
that such decorations or displays are maintained and do not constitute a fire hazard.
(6) Signs being carried by a person.
(7) Flags.
a. Flags that are affixed to permanent flagpoles or flagpoles that are mounted to buildings
(either temporary or permanent).
Page 6
b. Decorative flags, banners or pennants or a combination of the same, constituting an
architectural feature which is integral to the design of a project.
(8) Banners, as defined in Section 19-6-510, and subject to the standards in Section 19-6-250.
(9) Yard signs, as defined in Section 19-6-510. One (1) yard sign per lot not to exceed six (6)
square feet in area.
(10) Directional signs, as defined in Section 19-6-510, not exceeding two (2) square feet in size.
(11) Window signs, as defined in Section 19-6-510. In addition, any sign displayed on a window of
or inside a residential building, and any sign inside a non -residential building that is not visible
through a window. Window signs shall cover not more than fifty percent (50%) of a window on
any non-residential building and must comply with the lighting requirements of this Article.
(12) Sandwich board signs, as defined in Section 19-6-510, and subject to the standards in Section
19-6-250
(13) Site signs, as defined in Section 19-6-510, and subject to the standards in Section 19-6-250.
(14) Incidental signs, as defined in Section 19-6-510, which do not exceed two (2) square feet in
sign area.
(15) Works of art and murals, as defined in Section 19-6-510.
(16) Tethered balloons.
Sec. 19-6-260. - Prohibited signs.
The following types of signs are prohibited except as noted:
(1) All signs not expressly permitted under this Article or exempt from a sign permit in accordance
with Section 19-6-250.
(2) Signs on vehicles, when the vehicle is placed in a location for the primary purpose of displaying
signage.
(3) Portable signs, as defined in Section 19-6-510.
(4) Signs attached to trees or other plant or landscape materials.
(5) Signs located on utility poles, public benches or any other form of public property or within any
public right-of-way unless explicitly permitted by this Article.
(6) Signs which produce audible noise or sounds.
(7) Signs which emit visible smoke, vapor, particles or odors.
(8) Signs that rotate, blink, move (such as "revolving beacons") or are otherwise animated; signs
that are flashing; or signs that create the illusion of movement and are designed to compel
attention; except for electronic message centers for which a permit has been issued in
accordance with the requirements of this Article.
(9) Any sign painted, erected and/or constructed upon, above or over the roof of any building.
(10) Inflatable signs and searchlights.
(11) Any sign other than traffic control signs, that is erected, constructed or maintained within, over
or upon a public right-of-way, except sandwich board signs in conformance with Section 19-6-
340, or other temporary signs otherwise granted permission for such location by the Town or
the Colorado Department of Transportation.
Page 7
(12) Any sign that impedes pedestrian or vehicular movement, or is erected in such a location as to
cause visual obstruction or interference with motor vehicle traffic or traffic -control devices,
including any sign that obstructs clear vision in any direction from any street intersection or
driveway.
(13) Any sign that obstructs access to or impedes operation of any fire escape, downspout, window,
door, stairway, ladder or opening intended to provide light, air, ingress or egress for any
building or structure as may be required by law.
(14) Any sign or sign structure which is structurally unsafe, constitutes a hazard to safety or health
by reason of inadequate maintenance, abandonment, dilapidation or obsolescence and/or is
not kept in good repair.
(15) Off-premise advertising signs not pertinent and clearly incidental to the permitted use on the
property where located, except for signs permitted in Section 19-6-320 of this Article. An off-
premise sign in existence at the time of the adoption of the initial ordinance codified herein may
be maintained in use only so long as it is used in conjunction with the same business or activity
with which it was associated and which was in existence on the date of adoption of said
ordinance. Any off-premise sign which has been damaged or has not been maintained shall be
removed.
Page 8
Division 3 – Standards
Sec. 19-6-310. – Sign standards by zoning district.
Signs in all zoning districts shall be subject to the standards set forth in this Section. The number,
types and sizes of signs set forth in Tables 6.1 and 6.2 shall also comply with the standards by sign type
listed in Sections 16-6-320 and 16-6-330.
(1) Standards for residential zoning districts. Signs in all residential zoning districts shall be subject
to the limitations and standards in Table 6.1.
TABLE 6.1
Standards for Residential Zoning Districts
Sign Type Maximum Number Maximum Area Maximum/Minimum
Height
Monument Sign
1 per non-residential use;
1 per entrance to a
subdivision, multi-family
housing complex or
mobile home park
32 square feet No higher than 8 feet
Projecting Sign 1 per principal building 6 square feet
No higher than wall
(single story
building)/bottom of
second story window
(multi-story building); 8
feet minimum height
Site Sign 1 per street frontage 6 square feet No higher than 6 feet
Swing Sign 1 per street frontage 6 square feet, inclusive of
riders No higher than 6 feet
Wall Sign
1 per principal single-
family or two-family
building
6 square feet No higher than eave or
parapet line
1 per principal non-
residential building or
principal multifamily
building, per street
frontage
32 square feet No higher than eave or
parapet line
Yard Sign 1 per street frontage 6 square feet per sign No higher than 4 feet
Page 9
(2) Standards for non-residential zoning districts and uses. Signs in all non-residential and mixed
use zoning districts shall be subject to the limitations and standards in Table 6.2.
TABLE 6.2
Standards for Non-residential Zoning Districts
Sign Type Maximum Number Maximum Area Maximum/Minimum Height
Awning Sign
Multiple, within
maximum area
requirements
0.5 square feet of signage for
each linear foot of awning, up
to a maximum of 32 square
feet
No higher than roof or
parapet line; 8 feet minimum
height pedestrian clearance
Banners 2 per street frontage 50 square feet per street
frontage
No higher than roof or
parapet line for a banner
attached to a wall. No higher
than 12 feet for a feather
banner.
Canopy Sign
Multiple, within
maximum area
requirements
0.5 square feet of signage for
each linear foot of canopy, up
to a maximum of 32 square
feet
No higher than roof or
parapet line; 8 feet minimum
height pedestrian clearance;
14 feet minimum height
vehicular clearance
Marquee Sign 1 per building
frontage
40 square feet per sign face,
up to a maximum of 3 faces
No higher than roof or
parapet line; 8 feet minimum
height
Monument
Sign
1 per street frontage
of principal
building/access point
32 square feet. An electronic
message center may be
integrated up to 50% of
allowed sign area.
No higher than 12 feet
Pole Sign
1 per street frontage
of principal
building/access point
32 square feet No higher than 20 feet
Projecting
Sign
1 per building
frontage 6 square feet
No higher than wall (single
story building)/bottom of
second story window (multi-
story building); 8 feet
minimum height
Sandwich
Board Sign
1 per building
frontage 16 square feet No higher than 4 feet
Page 10
Site Sign 1 per street frontage 32 square feet No higher than 8 feet
Swing Sign 1 per street frontage 6 square feet, inclusive of
riders No higher than 6 feet
Wall Sign
Multiple, within
maximum area
requirements
1 square foot of area per
lineal foot of exterior wall
frontage, up to a maximum of
100 square feet
No higher than eave or
parapet line
Yard Sign 1 per street frontage 6 square feet No higher than 4 feet
(3) Standards for signs in a Planned Development (PD) District. Signs in a PD District shall be in
accordance with the provisions in this Article governing the type of residential or non-residential
land use most similar to that within the PD District, unless otherwise specifically addressed in
the relevant final PD plan.
a. A Master Sign Plan (MSP) may be submitted that permits consideration of unique
conditions, flexibility and creativity.
b. Upon approval of a MSP in accordance with Section 19-6-230, all signage within the limits
of the PD District shall comply with the established design standards.
Page 11
Sec. 19-6-320. – Permanent signs.
FIGURE 6.1
Permanent Sign Types
(a) General. The following standards are applicable to all permanent signs:
(1) Owner consent. No sign permit shall be issued for any permanent sign on private property
without written consent of the property owner or the owner’s authorized agent.
(2) Lighting. Signs may be illuminated by external or internal means, unless as otherwise
specifically provided in this Section, subject to the following standards:
a. The brightness and intensity shall not be greater than necessary to meet reasonable needs
of the business or use served;
b. Light sources shall be shielded, shaded or hooded to direct the light inward and downward
onto the sign and away from all adjacent buildings and streets;
c. The lighting shall not create excessive glare to pedestrians and/or motorists, and will not
obstruct traffic control or any other public informational signs;
d. Electrical supply to illuminated freestanding pole or monument signs shall be underground;
and
e. An electrical permit may be required per the electrical code for signs that are illuminated.
Page 12
(3) Off-premise signs. Off-premise signs require Board of Trustees approval under Section 19-1-
210 and Table 1.1. An off-premise sign may be permitted on private property if the street
frontage of the property to which it pertains is not on US 40. A sign permit for an off-premise
sign shall be approved if it is in compliance with the following criteria:
a. The off-premise sign would not harm the public and would not impair the purpose and
intent of this Article;
b. The property to which the sign pertains is in an obscure location and not directly visible
from US 40, such that the off-premise sign is necessary to direct the public to the subject
property;
c. The property to which the sign pertains is located in the Town;
d. The off-premise sign is counted against the sign allowance of the parcel on which it is
displayed and is counted against the sign allowance of the property to which it pertains;
e. The written consent of the off-premise property owner is obtained;
f. The off-premise sign is limited to one (1) sign not to exceed twenty (20) square feet; and
g. The off-premise sign would be subject to all other sign requirements of this Article.
(4) Sign allowance in residential zoning districts. Only one sign per building frontage is permitted in
a residential zoning district.
(5) Sign allowance in non-residential zoning districts. The aggregate area of all permanent signs
displayed on a site in a non-residential zoning district shall not exceed the total allowed sign
area established by this Section.
a. The total square footage of allowable sign area for any building shall be limited to one (1)
square foot of sign area for each lineal foot of building frontage, provided that no more than
seventy-five percent (75%) of the total allowable signage per building front may be used by
any one (1) sign.
b. In those instances where a building has two (2) building frontages, the applicant shall
choose one (1) building frontage to calculate the allowable square footage.
c. Property with a building frontage of less than fifty (50) square feet shall be allowed a
maximum sign area of fifty (50) square feet.
d. Vacant property without a building frontage may be permitted to display two (2) signs, with
the aggregate area of both signs not to exceed sixty-four (64) square feet.
Page 13
(b) Electronic message centers.
FIGURE 6.2
Electronic Message Center Detail
(1) Location. Up to fifty percent (50%) of the allowed sign area of a monument sign in a non-
residential zoning district may be occupied by an electronic message center. Existing signage
proposed for conversion to the use of an electronic message center shall conform to the sign
standards in this Article prior to issuance of a sign permit. Nonconforming signs shall not be
eligible for conversion to an electronic message center. An electronic message ce nter may also
be used as a window sign, subject to window coverage limitations in Section 19-6-250.
(2) Lighting. Lighting from the electronic message center shall not exceed 0.3 foot candles
between dusk to dawn as measured from the sign’s face. The electronic message center shall
have automatic dimmer software or solar sensors to control brightness for nighttime viewing.
The intensity of the light source shall not produce glare, the effect of which constitutes a traffic
hazard. Documentation shall be provided from the sign manufacturer which verifies compliance
with auto dimming and brightness requirements.
(3) Transition method. The electronic message center shall be limited to static messages, changed
only through either dissolve or fade transitions, which may otherwise not have movement, or
the appearance or optical illusion of movement, of any part of the sign structure, design, or
pictorial segment of the sign, including the movement of any illumination or the flashing,
scintillating or varying of light intens ity.
(4) Transition duration. The transition duration between messages shall not exceed one (1)
second.
(5) Message hold time. The message hold time shall be a minimum of twenty (20) seconds.
Page 14
(c) Awning signs.
FIGURE 6.3
Awning Sign Detail
(1) Location. Signs may be placed only on awnings that are located on first and second -story
building frontages, including those fronting a street, parking lot or pedestrian way. An awning
may include a printed or mounted sign. No sign mounted to an awning shall project beyond,
above or below the face of an awning.
(2) Quantity, area and height. Sign quantity and area shall comply with the requirements
established in Section 19-6-310. No structural element of an awning shall be located less than
eight (8) feet above finished grade. Awnings on which signs are printed or mounted shall not
extend over a public right-of-way more than seven (7) feet from the face of a supporting
building. No awning, with or without signage, shall extend above the roof or parapet line of any
building.
(3) Lighting. Awnings may be internally illuminated only.
(d) Canopy signs.
FIGURE 6.4
Canopy Sign Detail
Page 15
(1) Location. Signs may be placed on canopies that front a street, parking lot or pedestrian way , or
that are located in a driveway. A canopy may include a printed or mounted sign. No sign
mounted to a canopy shall project beyond, above or below the face of a canopy.
(2) Quantity, area and height. Sign quantity and area shall comply with the requirements
established in Section 19-6-310. No structural element of a canopy sign shall be located less
than eight (8) feet above finished grade in a pedestrian way, or less than fourteen (14) feet
above finished grade in a vehicular way. Canopies on which signs are printed or mounted shall
not extend over a public right-of-way more than seven (7) feet from the face of a supporting
building, and be no closer than two (2) feet to a curb line. No canopy, with or without signage,
shall extend above the roof or parapet line of any building. No canopy sign shall project above
the top of the canopy upon which it is mounted. However, a sign may project horizontally from
the face of a canopy the distance necessary to accommodate the letter thickness and required
electrical equipment, but not more than twelve (12) inches.
(3) Lighting. Canopies may be internally illuminated only.
(e) Marquee signs.
FIGURE 6.5
Marquee Sign Detail
Page 16
(1) Location. A marquee sign may be placed on a ground floor façade of a building.
(2) Quantity, area and height. A marquee sign shall comply with the quantity, area and height
requirements established in Section 19-6-310. No structural element of a marquee sign shall be
located less than eight (8) feet above finished grade. Marquee signs shall not extend over a
public right-of-way more than ten (10) feet from the face of a supporting building, and be no
closer than two (2) feet to a curb line. No marquee sign shall extend above the roof or parapet
line of any building.
(3) Lighting. Marquee signs may be internally or externally illuminated.
(f) Monument signs.
FIGURE 6.6
Monument Sign Detail
(1) Location. Monument signs shall be located on a street frontage. The location of a monument
sign shall not obstruct traffic safety sight distance areas.
(2) Quantity, area and height. A monument sign shall comply with the quantity, area and height
requirements established in Section 19-6-310.
(3) Lighting. Monument signs may be internally or externally illuminated.
(g) Pole signs.
FIGURE 6.7
Pole Sign Detail
Page 17
(1) Location. No portion of any pole sign shall encroach or project into the public right-of-way.
(2) Quantity, area and height. A pole sign shall comply with the quantity, area and height
requirements established in Section 19-6-310.
(3) Lighting. Pole signs may be internally illuminated only.
(h) Projecting signs.
FIGURE 6.8
Projecting Sign Detail
(1) Location. Projecting signs shall be placed on a ground floor facade, except for businesses
located above the ground level with direct exterior pedestrian access.
(2) Quantity, area and height. A projecting sign shall comply with the quantity, area and height
requirements established in Section 19-6-310. No structural element of a projecting sign shall
be located less than eight (8) feet above finished grade. Projecting signs shall not be higher
than the wall from which the sign projects if attached to a single story building, or the height of
the bottom of any second story window if attached to a multi-story building. Projecting signs
shall not extend more than six (6) feet from the face of a supporting building, and be no closer
than two (2) feet to a curb line. Minimum spacing between projecting signs on multi-tenant
buildings shall be twenty (20) feet.
(3) Lighting. Projecting signs shall not be illuminated.
Page 18
(i) Wall signs.
FIGURE 6.9
Wall Sign Detail
(1) Location. A wall sign shall not:
a. Obstruct any portion of a window, doorway or other architectural detail;
b. Extend above the top of the building wall upon which it is mounted; or
c. Project from the building wall more than required for construction purposes and in no case
more than twelve (12) inches.
(2) Quantity, area and height. A wall sign shall comply with the quantity, area and height
requirements established in Section 19-6-310. Multiple wall signs are permitted as long as the
total sign area does not exceed the allowance established in (a) (5) above. The wall sign or
signs shall not be greater than eighty percent (80%) of the length of the tenant space or the
length of the building frontage for single-tenant buildings. This is to assure that the sign of one
(1) tenant is not so close to the sign of an adjacent tenant that the two (2) signs would run into
each other. No wall sign shall extend above the eave or parapet line of any building.
(3) Lighting. Wall signs may be internally or externally illuminated.
Sec. 19-6-330. – Temporary signs.
FIGURE 6.10
Temporary Sign Types
Page 19
(a) General. The following standards are applicable to all temporary signs:
(1) Owner consent. All temporary signs must be located on private property and only with the
consent of the property owner.
(2) Lighting. No temporary sign shall be illuminated.
(3) Duration. The purpose of temporary signs is to display messages for a temporary duration.
Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to
permanent signs or to add permanent signage in addition to that which is permitted by Section
19-6-310. Temporary signs shall be removed on or before ninety (90) days after first being
placed, unless otherwise specified herein.
(b) Banners.
FIGURE 6.11
Banner Sign Detail
Page 20
(1) Location.
a. Banners shall not be placed to obstruct any portion of a window, doorway or other
architectural detail. Feather banners shall not obstruct any vehicle or pedestrian movement.
b. Banners may be installed on a utility pole with the consent of the utility prov ider, provided
that the banner is attached at the top and bottom by brackets that project no more than
thirty (30) inches from the utility pole.
(2) Quantity, area and height. Banners shall comply with the quantity, area and height
requirements established in Section 19-6-310.
Page 21
a. A maximum of two (2) banners with a combined total area of not more than fifty (50) square
feet may be displayed. A building on a corner lot with two (2) street frontages may be
permitted to display up to fifty (50) square feet of bann ers per street frontage.
b. Banners installed on utility poles in accordance with Subsection (1) b. above shall not
exceed twenty-four (24) inches in width and forty-eight (48) inches in height.
(c) Sandwich Board Signs.
FIGURE 6.12
Sandwich Board Sign Detail
(1) Location. Placement of a sandwich board sign must be within one (1) foot of a building wall. A
minimum of four (4) feet of sidewalk width clearance shall be available for pedestrian use. The
location of the sandwich board sign shall not interfere with snow removal. Sandwich board
signs shall be removed each day at close of business.
(2) Quantity, area and height. A sandwich board sign shall comply with the quantity, area and
height requirements established in Section 19-6-310.
(d) Site Signs.
FIGURE 6.13
Site Sign Detail
Page 22
(1) Location. Site signs are intended for vacant land parcels or lots under construction, and are not
permitted on parcels with existing residential or non-residential uses. Site signs shall be
setback a minimum of five (5) feet from any property line.
(2) Quantity, area and height. A site sign shall comply with the quantity, area and height
requirements established in Section 19-6-310.
(e) Swing Signs.
FIGURE 6.14
Swing Sign Detail
(1) Quantity, area and height. A swing sign shall comply with the quantity, area and height
requirements established in Section 19-6-310.
(f) Yard Signs.
FIGURE 6.15
Yard Sign Detail
Page 23
(1) Quantity, area and height. A yard sign shall comply with the quantity, area and height
requirements established in Section 19-6-310.
Sec. 16-6-340 - Sign measurement.
(a) When two (2) identical sign faces are placed back to back so that both faces cannot be viewed from
any point at the same time, and are part of the same sign structure, the sign area shall be computed
as the measurement of one (1) of the two (2) faces.
(b) For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a
background for a sign display, the area and dimensions shall include the entire portion within such
background or frame.
(c) For a sign comprised of individual letters, figures or elements on a wall of a building or surface of a
structure, the area and dimensions of the sign shall encompass a regular geometric shape
(rectangle, circle, trapezoid, triangle, etc.) or a combination of regular geometric shapes, which fo rm
or approximate the perimeter of all elements in the display, the frame and any applied background
that is not part of the architecture of the building or structure. When separate elements are organized
to form a single sign but are separated by open space, the sign area and dimensions shall be
calculated by determining the geometric form, or combination of forms, which comprises all of the
display areas, including the space between different elements .
FIGURE 6.16
Sign Measurement Detail
(d) For a freestanding pole or monument sign, the sign area shall include the frame, if any, but shall not
include:
Page 24
(1) The pole(s) or other structural support unless such pole or structural support is internally
illuminated or otherwise so designed to constitute a dis play device, or part of a display device.
(2) Architectural features that are either part of the building or part of a freestanding structure, and
not an integral part of the sign, and which may consist of landscaping, building or structural
forms complementing the site in general.
(e) The area of a freestanding pole or monument sign shall be measured as follows if the sign is
composed of more than one (1) individual cabinet or includes a rider:
(1) The area around and enclosing the perimeter of each cabinet or rider shall be summed and
then totaled to determine total area.
(2) If the sign is composed of more than two (2) sign cabinets or riders, the area enclosing the
entire perimeter of all cabinets and/or riders within a single, continuous geometric figure shall
be the area of the sign.
(f) Sign height shall be measured from the base of the sign or supportive structure at its point of
attachment to the ground, to the highest point of the sign. The exception being that where a
freestanding pole or monument sign or sign structure is mounted along a roadway that has a higher
grade level as compared to the grade level directly below the freestanding pole or monument sign or
sign structure, then the freestanding pole or monument sign or structure's height will be measured
from the roadway grade level to the highest point of the freestanding pole or monument sign or sign
structure.
Page 25
FIGURE 6.17
Sign Height Detail
(g) Clearance for awning, canopy, marquee, pole and projecting signs shall be measured as the
smallest vertical distance between finished grade and the lowest point of the sign, including any
framework.
Page 26
Division 4 – Design, Installation and Maintenance
Sec. 19-6-410. – Sign design.
(a) In general, signs shall have mutually unifying elements which may include uniformity in materials,
color, size, height, letter style, sign type, shape, lighting, location on buildings, and design motif.
(b) Materials and textures of signs shall be compatible with the architectural character of the site and
building. Supporting sign structures of freestanding signs shall match the primary finish and colors of
the associated building(s).
(c) Where possible, freestanding pole and monument signs shall integrate tenant signs into a single
sign structure.
(d) Wayfinding and directional signage systems shall be of a unified graphical system. Such signage
shall be placed in consistent locations near site entries, key points on the internal automobile and
pedestrian circulation system, building entries, seating areas, and sidewalk intersections.
Sec. 19-6-420. – Sign installation.
(a) Except for flags, window signs and temporary signs conforming to the requirements of this Article, all
signs shall be constructed of high quality durable materials and shall be permanently attached to the
ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. No
plywood signs shall be permitted.
(b) All permanent signs and all components thereof, including sign struc tures and sign faces, shall be
installed in compliance with the adopted building and electrical codes of the Town.
(1) No sign or sign structure shall be installed that impedes pedestrian or vehicular movement, or
be erected in such a location as to cause visual obstruction or interference with motor vehicle
traffic or traffic-control devices, or obstruct clear vision in any direction from any street
intersection or driveway.
(2) No sign or sign structure shall be installed that obstructs access to or impedes oper ation of any
fire escape, downspout, window, door, stairway, ladder or opening intended to provide light, air,
ingress or egress for any building or structure as may be required by law.
a. If possible, signs should not be placed in locations that obscure architectural features such
as pilasters, arches, windows, cornices, etc.
(3) No sign or sign structure shall be installed which is structurally unsafe.
a. All permanent freestanding pole signs shall have self-supporting structures erected on, or
permanently attached to, concrete foundations.
(4) Signs shall be located in such a way as to maintain horizontal and vertical clearance of all
overhead electrical conductors in accordance with adopted electrical code specifications,
depending on voltages concerned. However, in no case shall a sign be installed closer than
forty-eight inches (48") horizontally or vertically from any conductor or public utility guy wire, or
as recommended by the local public utility company.
a. Every electric sign shall have affixed thereon an approved Underwriters’ Laboratories label,
or all wiring of such sign as approved by the state electrical inspector, and all wiring
connected to such sign shall comply with all provisions of the applicable regulations of the
Town relating to electrical installations.
Page 27
Sec. 19-6-430. – Sign alteration.
(a) Any alteration to an existing sign, other than for a change of copy or for maintenance, shall require a
new sign permit pursuant to Section 19-6-210.
(1) Alterations shall include, without limitation:
a. Changing the size of the sign;
b. Changing the shape of the sign;
c. Changing the material of which the sign is constructed;
d. Changing or adding lighting to the sign;
e. Changing the location of the sign; or
f. Changing the height of the sign.
(b) Existing nonconforming signs may be altered in any way that does not change the size, height,
background, shape or location of the sign without bringing the entire sign into conformance, provided
that the cost of the alteration is less than fifty percent (50%) of the sign's replacement cost.
Sec. 19-6-440. – Sign maintenance.
(a) All signs, both currently existing and constructed in the future, and all parts and components thereof,
shall be maintained in a safe condition in compliance with all building and electrical codes, and in
conformance with this Article.
(1) All signs, including sign structures and sign faces, shall be maintained in good repair at all
times and shall not constitute a hazard to safety, health or public welfare by reason of
inadequate maintenance or deterioration. For the purposes of this Section, good repair shall
mean that there are no loose, broken, torn or severely weathered portions of the sign structure
or sign face.
(2) The owner of any sign regulated by this Article shall be required to keep signs and supporting
hardware structurally safe, clean, free of visible defects, including graffiti, and functioning
properly at all times. Exposed surfaces shall be clean and painted if paint is required. Defective
parts shall be replaced. Repairs to signs shall be equal to or better in quality of materials and
design than the original sign.
(3) All electronic message centers shall be equipped with a malfunction display and the ability to
automatically shut off if a malfunction occurs. An electronic message center under repair shall
be shut off.
Sec. 19-6-450. – Sign removal.
(a) Anyone who violates any of the sign regulations provided in this Article shall be subject to the same
penalties as provided in Article 1 of this Chapter.
(b) The Town may inspect any sign governed by this Article and shall have the authority to order the
painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation or obsolescence. All associated costs
shall be the responsibility of the property owner or permit holder.
Page 28
(c) The Town may cause the removal of any sign within the public right-of-way, on property that is
otherwise abandoned, or that has been erected or placed without first complying with the
requirements of this Article.
(d) Signs removed in compliance with this Article shall be stored by the Town for thirty (30) days, during
which time they may be recovered by the permit holder and/or owner upon payment to the Town for
costs of removal and storage. If not recovered within the thirty -day period, the sign and supporting
structure shall be declared abandoned and title shall vest with the Town. The costs of removal and
storage, up to thirty (30) days, may be billed to the owner.
Page 29
Division 5 – Definitions
Sec. 19-6-510. – Words and terms.
The following words and phrases shall have the following meanings:
Alteration means change in the size or shape of an existing sign. Copy or color change of an
existing sign is not an alteration. Changing or replacing a sign face or panel is not an altera tion.
Animated means the use of movement or change of lighting to depict action or to create a
special effect or scene.
Awning sign means a sign permanently affixed to a sheet of canvas or other material stretched
on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.
Banner sign means a professionally produced temporary sign having characters, letters,
illustrations or ornamentations applied to flexible material (e.g. vinyl, plastic, canvas, cloth, fabric or
other lightweight non-rigid material) with only such material for a backing, which projects from, hangs
from or is affixed to a building or structure. Banners include pennants, cable -hung banners and
freestanding feather banners.
Building frontage means the horizontal, linear dimension of that side of a building whic h abuts a
street, parking area or other circulation area open to the general public. Where more than one (1)
use occupies a building, each such use having a public entrance shall be con sidered to have its own
building frontage, which shall be the front width of the portion of the building occupied by that use. In
the case of a corner lot, the building frontage may be EITHER of the street frontages, but not both, at
the option of the property owner or lessee.
Canopy sign means a sign permanently affixed to a roofed shelter covering a sidewalk,
driveway or other similar area which shelter may be wholly supported by a building or may be wholly
or partially supported by columns, poles or braces extended from the ground.
Copy means the wording, symbols, figures or images on a sign.
Directional sign means any sign that is designed and erected for the purpose of providing
direction and/or orientation for pedestrian or vehicular traffic with or without reference to, or inclusion
of, the name of a product sold or service performed on the lot or in a building, structure or business
enterprise occupying the same.
Electronic message center sign means a sign capable of displaying words, symbols, figures or
images that can be electronically or mechanically changed by remote or automatic means.
Flashing means a pattern of changing light illumination where the sign illumination alternates
suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to
the sign.
Freestanding sign means any sign supported by structures or supports that are placed on or
anchored in the ground and are not attached to any building or structure.
Illuminated means an artificial source of light is used in order to make readable a sign's
message, and is inclusive of signs that are lighted internally or externally, or are reflectorized,
glowing or radiating.
Incidental sign means a small sign affixed to a building or structure, machine, equipment, fence,
gate, wall, gasoline pump, public telephone, or utility cabinet.
Inflatable sign means a balloon, blimp or other inflated object used for attracting attention.
Logo means an emblem, letter, character, picture, trademark or symbol used to represent any
firm, organization, entity or product.
Page 30
Maintenance means, for the purposes of this Article, the cleaning, painting, repair or
replacement of defective parts of a sign in a manner that does not alter the basic copy, design or
structure of the sign.
Marquee sign means any sign made a part of a marquee and designed to have changeable
copy.
Master Sign Plan (MSP) means a coordinated program of signs in all zoning districts, including
exempt and temporary signs for a Planned Development District (PDD) larger than one hundred
(100) acres. The sign program shall include, but not be limited to, indications of the locations,
dimensions, colors, letter styles and sign types of all signs to be installed on the PDD.
Message hold time means the time interval a static message must remain on the display before
transitioning to another message.
Monument sign means a permanent freestanding sign supported by, or integrated into, a base
or pedestal at least seventy five percent (75%) of the sign width.
Mural means a picture or graphic illustration applied directly to a wall of a building or structure
that does not advertise or promote a particular business, service or product.
Nonconforming sign means a sign which was validly installed under laws or ordinances in effect
at the time of its installation, but which is in conflict with the current provisions of this Article.
Off-premise sign means any sign used for promoting an interest other than that of a business,
individual, product or service available on the premises where the sign is located.
Permanent sign means any sign constructed of durable materials and affixed, lettered, attache d
to or placed upon a fixed, non-movable, non-portable supporting structure.
Pole sign means a permanent freestanding sign supported by one or more poles or pylons.
Portable sign means a sign mounted on a moveable trailer or wheeled carrier.
Projecting sign means a sign which is attached perpendicular to the wall of a building or
structure.
Roof sign means any sign erected upon a roof, parapet or roof-mounted equipment structure or
extending above a roof, parapet or roof-mounted equipment structure of a building or structure.
Sandwich board sign means a sign with two (2) faces attached at the top and open at the
bottom so that the structure forms a wedge and is self-supporting.
Sign means any written copy, display, illustration, insignia or illumination used to communicate
a message or idea which is displayed or placed in view of the general public, and shall include every
detached sign and every sign attached to or forming a component part of any marquee, canopy,
awning, pole, vehicle or other object, whether stationary or movable.
Sign face means an exterior display surface of a sign including nonstructural trim, yet exclusive
of the supporting sign structure.
Sign structure means any structure designed for the support of a sign.
Site sign means a temporary freestanding sign constructed of vinyl, plastic, wood or metal and
designed or intended to be displayed for a limited period of time on a vacant lot or a lot under
construction.
Swing sign means a temporary freestanding sign that is suspended from a horizontal support (a
swing post) that is attached to a vertical support mounted in the ground. A swing sign may also
include an additional message attachment, also known as a rider.
Temporary sign means any sign based upon its materials, location and/or means of
construction, e.g., light fabric, cardboard, wallboard, plywood, paper or other light materials, with or
without a frame, intended or designed to be displayed for a limited period of time.
Page 31
Traffic control sign means a sign erected in a public right-of way by an authorized governmental
agency for the purposes of traffic regulation and safety.
Transition duration means the time interval it takes the display to change from one complete
static message to another complete static message.
Transition method means a visual effect applied to a message to transition from one message
to the next. Transition methods include:
a. Dissolve – a frame effect accomplished by varying the light intensity or pattern, where the
first frame gradually appears to dissipate and lose legibility simultaneously with the gradual
appearance and legibility of the second frame.
b. Fade – a frame effect accomplished by varying the light intensity, where the first frame
gradually reduces intensity to the point of not being legible (i.e. fading to black) and the
subsequent frame gradually increases intensity to the point of legibility.
Wall sign means any sign painted on or affixed to the wall of a building or structure, or any sign
consisting of cut-out letters or devices affixed to a wall with no background defined on the wall in
such a manner that the wall forms the background surface of the sign.
Window sign means any sign which is applied or attached to either the interior or exterior of a
window and intended to be viewed from outside the building or structure.
Works of art means a sculpture, painting, graphic or other type of art that does not advertise or
promote a particular business, service or product.
Yard sign means a temporary freestanding sign constructed of paper, vinyl, plastic, wood, metal
or other comparable material, and designed or intended to be displayed for a limited period of time
on a lot with one (1) or more existing permanent structures.
CHAPTER 19
Town of Fraser Land Development Code
APPENDICES
The following Appendices may be amended by the Town Staff and replacement versions inserted as
necessary, without any required action by the Planning Commission or Board of Trustees.
1. Land Use Application and Submittal Checklists
2. Application Fees
3. Subdivision Improvements Agreement
4. Construction Guarantee Agreement
CHAPTER 19
Town of Fraser Land Development Code
APPENDIX 1
LAND USE APPLICATION AND SUBMITTAL CHECKLISTS
Land Use Application
Annexation Checklist
Site Plan Checklist
Conditional Use Permit Checklist
CMRS Facility Checklist
PD District Plan Amendment Checklist
Final PD Plan Checklist
Final PD Plan Specifications Checklist
Variance Checklist
Rezoning Checklist
Sketch Plan Checklist
Preliminary Plat Checklist
Minor Subdivision Final Plat Checklist
Major Subdivision Final Plat Checklist
As-Built Plat Checklist
Vacation of Plat, Right-of-Way or Easement Checklist
Final Plat Specifications Checklist
Floodplain Development Permit Checklist
Sign Permit Checklist
LAND USE APPLICATION FORM
PROJECT NAME
DATE RECEIVED: APPLICATION FEE:
TYPE OF APPLICATION (Attach Submittal Checklist) HEARING DATE:
Annexation Rezoning CMRS Facility
Conditional Use Permit Final Plat (Minor Subdivision) Final Plat (Major Subdivision)
As Built Plat PD District Plan Amendment Preliminary Plat
Site Plan (Minor and Major) Final Planned Development Plan Sketch Plan
Vacation of Plat, R.O.W. or Easement Variance Floodplain Development Permit
Sign Permit Other
PROJECT INFORMATION
Applicant’s Name: Project Location:
Address:
Existing Zoning:
Phone/Fax:
Relation to Property Owner: Proposed Zoning:
Legal Description of Property (lots, blocks, tracts, subdivision name, or metes &
bounds - attach additional sheet, if necessary):
Total Acreage of Property under Consideration:
Number of Existing Residential Lots: Number of Proposed Residential Lots:
Type of Housing Proposed:
Number of Existing Commercial Lots: Number of Proposed Commercial Lots:
ADDITIONAL CONTACTS
Property Owner: Consultant:
Address: Address:
City/State/Zip: City/State/Zip:
Phone/Fax: Phone/Fax:
BRIEF DESCRIPTION OF DEVELOPMENT:
The Town of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the Town's
general application policies set forth in Section 1-3-70 of the Fraser Municipal Code, which is reproduced below. The
undersigned acknowledges that he or she has read and understands such policies and agrees to the terms thereof, including
those provisions concerning collection of unpaid charges owed to the Town. The amount payable for up -front application fees
and any cash deposit for additional processing charges will be specified by Town staff at the time of filing this application.
Additional payments or deposits may be required during the processing of the application.
CERTIFICATION
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits
herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent for Town of Fraser
representatives to make all reasonable inspections and investigations of the subject property during the period of processing this
application. I understand that all materials and fees required by the Town of Fraser must be submitted prior to having this
application processed.
Authorized Signature*: Date:
*If other than owner, attach letter authorizing agent on behalf of owner.
Sec. 1-3-70. General application policies.
The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code,
unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type
of application:
(1) No application will be considered complete until all prescribed fees and deposits have been paid.
(2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in
the current fee schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of
processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be
refunded on account of any denial, partial processing or withdrawal of part or all of the application.
(3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the applic ation,
including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay
the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent o r surrounding
property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof an d all
inspection fees relating to the application or administration of the permit or other approval.
(4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside
professionals, consultants or other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside
planning consultants, during the review and consideration of an application. The Town will send invoices to the applicant for expenses
incurred as the Town is billed, which shall be paid by the applicant within the time prescribed in the invoice. Any amounts not paid
when due shall accrue interest at the rate of one and one half percent (1.5%) per month, not to exceed eighteen percent (18%) per annum.
(5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established
by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs related to the applicatio n not covered
by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or
reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of
the cash deposit. Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused
portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be
refunded to the applicant. No interest will accrue on the deposit.
(6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the
applicable permit, certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cov er any
outstanding invoices related to the application.
(7) In the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to coll ect
any balance due to the Town, plus its costs of collection, including reasonable attorney's fees, against the applicant and/or the owner of
the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Tow n shall
constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount
due for collection in the same manner as other property taxes are collected.
(8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued here under if the work or
activity undertaken pursuant thereto is not done in accordance with the approved terms.
BRIEF DESCRIPTION OF DEVELOPMENT:
PUBLIC NOTICE
At least fourteen (14) days in advance of the public hearing, the applicant shall provide written notice to
all owners of property within two hundred feet (200’) of the boundaries of the property that is the subject
of the application. Such notice shall be sent via certified mail, return receipt requested and shall include
the following information: A copy of the complete application with all accompanying materials, the
name, address and phone number of the authorized contact for the applicant, and the time, date and place
of the public hearing. The applicant shall provide the Town with a written affidavit prior to the time of
the public hearing reflecting the date of mailings and the names, addresses and legal descriptions of all
parties to whom the notifications were transmitted, together with a complete copy of the materials
included in the mailing. Failure to properly mail the documents, notify the necessary parties, and/or
provide the required affidavit shall be grounds for denial of the application or a continuance of the public
hearing until such notice is provided. See sample letter below.
The notification letter cannot be sent until a public hearing date has been scheduled by the Town.
ADJACENT PROPERTY OWNER NOTIFICATION LETTER
This notice to be sent by applicant to all owners of property within two hundred feet (200’) of the boundaries of the property
that is subject to the application and to all surface owners, mineral owners, and lessees of mineral owners to whom notice is to
be sent pursuant to C.R.S. 31-23-215. Such notice shall be sent via certified mail, return receipt requested. The applicant shall
provide the Town with a written affidavit or other proof of notice prior to the time of public hearing reflecting the date of
mailings, addresses and legal descriptions of all parties to whom the notifications were transmitted. Failure to properly mail
the documents, notify the necessary parties and/or provide the required affidavit shall be grounds for denial of the applicat ion
or a continuance of the public hearing until such notice is provided.
Dear Sir/Madam:
This letter is to advise you that _____________________ (applicant) has requested
______________ (land use request) for a property located at ____________ (property address or
location) and that the Town of Fraser has scheduled a public hearing to consider this request. The
public hearing is scheduled for _______________ (date assigned by Town) at __________ (time
assigned by Town) at the Town of Fraser Town Hall located at 153 Fraser Avenue in the Board
Room.
Enclosed for your review is a copy of the proposal as presented to the Town of Fraser. Additional
application materials are on file at the Town Hall offices. The Town of Fraser may be contacted at
970-726-5491 for further information.
Please note that you may comment at the public hearing or by forwarding written comments to the
Town of Fraser Planning Department (P.O. Box 370, Fraser, CO 80442). Written comments must
be received by the Town prior to the public hearing.
Sincerely,
(applicant)
AFFIDAVIT OF NOTICE
To be completed after completion of notice distribution and forwarded to Town staff prior to the date of hearing
I, applicant requesting, hereby affirm that notice
was distributed in accordance with Town of Fraser codes.
Date
Owner/Applicant
STATE OF COLORADO
County of ,
Subscribed and sworn to before me this day of 20 ,
by .
Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
*************************************************************************************
NOTES:
1. In addition to minimum design criteria and standards, the Town of Fraser Subdivision and Zoning Regulations
outline specific minimum submittal requirements. Please review these carefully in order to ensure prompt
action on your land use application.
2. The Town of Fraser Subdivision and Zoning Regulations outline the review procedures applicable to each land
use application. In cases with multiple requests for an individual property, it is preferable to synchronize the
review procedures for a prompt and efficient review process.
3. The applicant is responsible for initiating formal reviews with the Colorado Department of Transportation, the
U.S. Army Corps of Engineers, the Colorado Division of Parks and Wildlife, the Fraser Sanitation District, the
Colorado Water Conservation Board, and other applicable agencies. The Town refers applications to these
agencies for comment, however, the Town cannot initiate a permit request or consultation.
4. A Subdivision Improvement Agreement may be necessary. This document must be executed and recorded
prior to or concurrent with plat recordation.
5. Contact the Planning Department at 970-726-5491 if you have any questions or need assistance.
The applicant is responsible for payment of recording fees, improvement inspection fees, and other
additional costs incurred by the Town for the services of professionals, consultants, or other review agenci es
applicable to the request. All invoices shall be paid in full prior to final Town Board approval of the
application or issuance of the applicable permit, certificate or other approval document.
NOTIFICATION OF SEVERED MINERAL ESTATES
The Town of Fraser, pursuant to C.R.S. 24-65.5-103, requires notification to mineral estate owners, mineral estate
lessees and surface owners in connection with the following land use applications: Major Subdivision Preliminary
or Final Plat, Final Planned Development Plan, Conditional Use Permit, Major Site Plan, or any other development
application that requires a public hearing.
Thirty (30) days in advance of the initial public hearing, the applicant shall provide notice to all surface owners,
mineral owners and lessee of mineral owners in accordance with C.R.S. 31-23-215 and 24-65.5-1-3, as amended.
The applicant must certify the same to the local government as a condition of approval of the application.
Please use CERTIFICATE OF NOTICE TO MINERAL ESTATE OWNER form.
I /We have searched the records of the Grand County Tax Assessor and the Grand County Clerk and Recorder for
the above identified parcel and have found that no mineral estate owner is identified therein pursuant to Section 24-
65.5-103(1) of the Colorado Revised Statutes.
Applicant or Authorized Representative Date
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
TOWN OF FRASER, STATE OF COLORADO
CERTIFICATE OF NOTICE TO MINERAL ESTATE OWNER
The undersigned is the Applicant and/or the Surface Owner, as defined in section 24-65.5-102(7),
C.R.S. of the Surface Estate, as defined section 24-65.5-102(6), C.R.S., for which an application
for development has been submitted to the Town of Fraser, State of Colorado, for one or more of
the following land use actions: Major Subdivision Preliminary or Final Plat, Final Planned
Development Plan, Conditional Use Permit, Major Site Plan, or any other development
application that requires a public hearing. The name of the application for development is as
follows:
C.R.S.§24-65.5-101 et seq. and C.R.S. §31-23-215 impose certain requirements concerning
notification to owners of severed mineral estates and other interested parties with respect to
proposed surface development. The undersigned has read and fully understands those
requirements.
The undersigned hereby certifies that notice of such application has been provided to all mineral
estate owners, lessees of mineral estate owners and any (other) surface owners in accordance with
the requirements of C.R.S. §24-65.5-103 and/or 31-23-215, as applicable.
Date
Surface Owner OR Applicant (if different than Surface
Owner)
STATE OF COLORADO
County of ,
Subscribed and sworn to before me this day of 20 ,
by
.
Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
ANNEXATION CHECKLIST
An application for annexation shall be accompanied by the following information, unless one or more
items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A cover letter including a statement of the purpose of the application, a brief description of the proposed
annexation, and confirmation that the property is eligible for annexation in accordance with C.R.S. §§ 31-12-101,
et seq.. If zoning is proposed concurrent with annexation, indicate the proposed zoning district.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
An annexation petition prepared in accordance with C.R.S. §§ 31-12-101, et seq.
An Affidavit of Circulator prepared in accordance with C.R.S. §§ 31-12-101, et seq.
An annexation map prepared in accordance with C.R.S. §§ 31-12-101, et seq., including:
Boundaries of each ownership parcel within the area to be annexed.
Name of annexation.
Date, scale and North sign.
Location of proposed annexation site to Town’s existing boundaries.
Boundaries of any special districts having jurisdiction over the area to be ann exed.
The location and width of streets and utility easements either within or adjacent to the area to be annexed.
The location and site of nearest existing utility lines.
Any existing development in the area to be annexed.
The current source of water, sanitary sewer, and storm drainage service for the area to be annexed.
Proposed zoning of the area to be annexed and exact zoning boundaries.
A professional engineer or land surveyor’s statement of preparation with stamp and signature.
An annexation impact report prepared in accordance with C.R.S. §§ 31-12-101, et seq. Note: An annexation
impact report is not required for any property less than ten (10) acres in size.
Any pre-annexation agreement(s) negotiated with the Town of Fraser.
Legal descriptions of any water rights existing on the property proposed for annexation.
Any other reports and information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
SITE PLAN CHECKLIST
An application for a major or minor site plan shall be accompanied by the following information, unless
one or more items are specifically waived in writing by the Town Staff:
An application for a minor site plan shall be accompanied by the following information:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
Proof of ownership.
Site plan, preferred scale of 1" = 20', indicating the general site design of the proposal, including all existing
and proposed improvements and building footprints. The site plan shall provide adequate details to evaluate the
traffic circulation, parking, snow storage, building footprints, fences, loading points, refuse c ontainer locations,
public rights-of-way and all existing and proposed easements, as applicable.
Building elevations, preferred scale of ¼" = 1', of the proposed structures, showing: existing ground surfaces,
top of foundation, floor elevations, roof line and any rooftop mechanical units proposed.
Building floor plan, preferred scale of ¼" = 1'.
Any supplemental materials that the applicant feels will accurately depict the proposed project.
In addition to the above information, an application for a major site plan shall be accompanied by the following
information:
Drainage plan (preferred scale of 1" = 20', optional scale of 1" = 50') shall include the following: existing and
proposed improvements, existing and proposed contours, existing and pr oposed easements, snow storage
areas, utility lines, spot elevations and flow direction arrows, as needed to clearly portray the proposed drainage
layout and detail, and any drainage facilities needed to mitigate the anticipated impacts. If swales are prop osed,
include a cross-section detail of the proposed swale with dimensions. Silt fences, sediment traps, catch basins
and/or detention ponds may be required at the discretion of the Town. The drainage plan shall also indicate
temporary and permanent methods to be used to stabilize and prevent the erosion of soils.
Grading plan with existing and proposed topography.
Utility plan, preferred scale of ¼" = 1', including off-site connections.
Landscaping plan, preferred scale of 1" = 20', including: property lines, existing and proposed structures,
existing natural features, location, species, quantity and size of landscape materials to be planted and method of
irrigation.
An exterior materials package including roof material and color, wall material and color, etc.
The names and addresses of any property owners within two (200) hundred feet of any portion of the property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
CONDITIONAL USE PERMIT CHECKLIST
An application for a Conditional Use Permit shall be accompanied by the following information, unless
one or more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
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.
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.
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.
Landscape and impact buffering plans.
Descriptions of impact mitigation methods
Complete engineering plan of all utilities and accesses. Refer to Chapter 14 of this Code.
A development schedule.
The names and addresses of any owners and lessees of mineral rights for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The names and addresses of any property owners within two (200) hundred feet of any portion of the
property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
CMRS FACILITY CHECKLIST
An application for a CMRS facility shall be accompanied by the following information, unless one or
more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A project statement identifying the proposed CMRS facility and the telecommunication service to be provided
by the proposed facility.
An indication as to whether the facility is designed to accommodate the equipment of additional carriers. Each
application for a CMRS facility shall be accompanied by a statement from the building/property owner indicating
that they consent to the placement of the CMRS facility on the site and information which indicates that the lease
does not preclude collocation.
An application for a modification to an existing facility which is not a “substantial change” and is considered an
“eligible facilities request,” as defined in Section 19-2-610 of this Chapter, shall provide all information
reasonably required by the Town to determine whether the request meets the requirements for being an “”eligible
facility request”” that is not a “substantial change” in the physical dimensions of the support structure.
An application for any other building or roof mounted facility, or to place additional antennas on existing
freestanding facilities, shall make application as a minor site plan. Refer to the Site Plan Checklist.
An application for a freestanding CMRS facility shall be accompanied by the following information:
An application for a Conditional Use Permit. Refer to the Conditional Use Permit Checklist.
Evidence that the carrier has reasonably explored the use of wall or roof or stealth facilities within the s earch
area and determined that said facilities are not feasible or appropriate and justification of the need for the
proposed tower and height requested.
A site development plan illustrating all existing buildings, parking, easements, and landscaping existing on the
site as well as any proposed CMRS facility locations, landscaping, screening or security fencing.
A photo simulation, which illustrates "before" and "after" what the site will look like once the freestanding
CMRS facility and any ground-mounted equipment have been constructed. The photos should be taken from the
adjoining public street and from any adjacent residential zoning from which the freestanding facility will be visible.
Elevation drawings shall include the freestanding CMRS facility, as well as any ground-mounted equipment.
The drawings should indicate the appearance, height, color and material proposed for the freestanding CMRS
facility, antennas and associated equipment.
Any other special reports and/or information deemed necess ary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PD DISTRICT PLAN AMENDMENT CHECKLIST
An application for amending an approved PD District Plan shall be accompanied by the following
information, unless one or more items are specifically waived in writing by the Town Staff:
An application for a minor amendment to an approved PD District Plan shall be accompanied by the following
information:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location and street address (if applicable) of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A petition for a PD District Plan amendment signed by all owners of the area of land or area of lots subject to a
PD District Plan amendment application.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
A cover letter including justification for the PD District Plan amendment based upon the evaluation criteria in
Section 19-2-170 (c) of the Land Development Code, to the degree applicable to the purpose of the minor
amendment.
In addition to the above information, an application for a major amendment to an approved PD District Plan shall
be accompanied by the following information:
A cover letter including justification for the PD District Plan amendment based upon the evaluation criteria in
Section 19-2-170 (c) of the Land Development Code. Include the existing land use and the proposed land use.
The names and addresses of any owners and lessees of mineral rights for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The names and addresses of property owners within two (200) hundred feet of any portion of the property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FINAL PD PLAN CHECKLIST
An application for a Final PD Plan shall be accompanied by the following information, unless one or
more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A written description addressing how the proposed Final PD Plan conforms to the PD District Plan, including
Information on land areas adjacent to the proposed planned development to indica te integration of circulation
systems, public facilities and utility systems and open space.
Any plan maps that have been revised since the PD District approval.
Quantitative data for the following: final number of dwelling units, number of bedrooms i n each unit, final
figures for previously agreed upon design standard negotiable items and footprint sizes of all proposed buildings .
A statement that integrates pertinent elements of any pre-annexation and development agreements,
contracts, etc., previously negotiated with the Town.
Summaries of any market studies containing information that can be shared with the general public.
A plan which estimates the number of employees needed to serve all or portions of the development.
A description of the amounts and location of dedicated open space. Refer to Section 19-4-165 of this Chapter.
Any required dedication documentation and/or improvement agreements and bonds.
Two (2) copies of the proposed restrictive covenants, condominium or townhome decla ration, articles of
incorporation and bylaws of any homeowners' association and deed of conveyance to an HOA, as applicable.
Final environmental studies (wetland delineation, floodplain mapping, geotechnical report, etc.).
Engineering drawings. Refer to Chapter 14 of this Code for the drawing requirements and design and
technical criteria for the construction of roads, walkways, utilities, and associated infrastructure within the Town.
A Traffic Impact Analysis (TIA) and/or Traffic Impact Study (TIS). Refer to Chapter 14 of this Code.
The planned pedestrian, bicycle and vehicular circulation system, including their interrelationships with the
vehicular parking and unloading system, indicating proposed detailed treatments of points of conflict.
A plan showing how the development's residents will be afforded access to public transit and how the transit
system will be integrated into the development.
A final grading plan. Refer to Chapter 14 of this Code.
A final erosion and sediment control and revegetation plan. Refer to Chapter 14 of this Code.
A fugitive dust control plan to be implemented during construction.
A landscaping plan, including the proposed treatment of the perimeter of the planned development, including
materials and techniques used, such as screens, fences, and walls. Refer to Chapter 14 of this Code.
A detailed parking plan.
A snow removal and/or storage plan.
An exterior lighting plan. Refer to Chapter 14 of this Code.
Any preliminary or final subdivision plats required and prepared as per the requirements of Article 3 of this
Chapter if the development is planned to begin within one (1) year.
Estimated time schedule for development, including a site map that depicts the development, phases thereof,
sites and building footprint sizes and locations outlined in the development schedule.
The names and addresses of property owners within two (200) hundred feet of any portion of the property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FINAL PD PLAN SPECIFICATIONS CHECKLIST
All Final PD Plans shall be prepared in accordance with the following specifications:
Various maps will need to be recorded with the County Clerk and Recorder as part of the approval of the final PD
plan. These maps shall be drawn up using the following format unless determined otherwise by the Town staff or
Planning Commission in coordination with the applicant.
Said maps shall be in the form of a black India-inked Mylar or linen cloth that is capable of reproducing clear
and sharp reproductions of all details, signature and seals. No plans using sepia in k or pencil or containing stick-
on will be accepted.
The plan sheet shall have outer dimensions of twenty -four (24) inches by thirty-six (36) inches. The plan
drawing will be contained within a space defined by a one-and-one-half-inch margin from the left sheet and a
one-half-inch margin from the other three (3) sheet edges.
Sheets are to be designated as sheet x of y sheets. Applicants are encouraged to use more than one (1)
sheet in order to avoid crowding of information on the sheet.
The scale of the plan drawing shall be, at a minimum, fifty (50) feet equals one (1) inch. Other scales may be
used with the permission of the Planning Commission.
A two-and-one-half-inch by three-inch vertical box in the lower right-hand corner shall be provided for the use
of the County Clerk and Recorder.
Formats for plan drafter's, Owner's, Planning Commission Chairperson's and Board of Trustees Chairperson's
signature blocks and dedication blocks.
All signatures on the plan are to be in black permanent ink.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
VARIANCE CHECKLIST
An application for a variance shall be accompanied by the following information, unless one or more
items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location and street address (if applicable) of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A cover letter justifying how the application meets the variance criteria in Section 19-1-330.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
The names and addresses of any property owners within two hundred (200) feet of any portion of the
property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
REZONING CHECKLIST
An application for a rezoning shall be accompanied by the following information, unless one or more
items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location and street address (if applicable) of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A petition for rezoning signed by the owners of at least fifty percent (50%) of the area of land or area of lots
subject to the rezoning application.
A cover letter including justification for a rezoning based upon the review criteria in Section 19-2-170 of the
Land Development Code. Include the existing zoning and the proposed zoning.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
The names and addresses of any owners and lessees of mineral rights for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The names and addresses of any property owners within two (200) hundred feet of any portion of the
property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
SKETCH PLAN CHECKLIST
An application for a sketch plan shall be accompanied by the following information , unless one or more
items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
General development information.
Images (such as photographs, sketches and/or plans) which illustrate the project intention.
Context/vicinity map, which shows the proposed development in relation to the surrounding area.
Base map, which shows the site features (such as topography, watercourses, wetland delineation, floodplain
mapping, soils and/or geological conditions).
North arrow, scale and date of preparation.
Boundary of the proposed project.
Existing and proposed zoning on and around the property.
Approximate location, dimension and area of all proposed lots.
Existing and proposed streets.
Topography, including all slopes over thirty percent (30%) and grading.
Base flood elevations and floodways.
Approximate building shape and location.
Existing and proposed land and building uses for the properties.
Parking, loading, service areas and snow storage areas.
Existing water and sewer lines and stormwater drainage systems and proposed connections.
Conceptual landscape plan.
Approximate location, dimensions and area of all parcels of land proposed to be set aside for open space/trail
networks, parks and schools.
Acreage of property.
Proposed number of residential dwelling units and commercial square footage.
Land use table. The table shall include: land uses, approximate acreage of each land use and percentage of
each land use, total acreage and square footage of property, total numbers of lo ts and maximum number of each
type of dwelling unit proposed.
Relevant site characteristics and environmental analyses applicable to the proposed subdivision concerning
watercourses, wetland delineation, floodplain mapping and soils and/or geological co nditions presenting hazards
or requiring special permits.
Any other reports and information deemed necessary by the Town.
Copies of the sketch plan and associated submittal materials in a format and quantity as specified by Town
Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PRELIMINARY PLAT CHECKLIST
An application for a preliminary plat shall be accompanied by the following information, unless one or
more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A title commitment (two [2] copies) - must be current and dated no more than thirty (30) days from the date of
application submittal.
Proposed water and sewer service facilities and the stormwater drainage and management systems, and
proposed connection with existing systems.
Proposed access if the property does not have direct contiguous access to a public street.
If any liens will exist upon the subdivided property at the time of plat approval, the lien holders shall join in the
execution of the declaration and final plat.
Preliminary environmental studies (wetland delineation, floodplain mapping, construction feasibility, etc.).
A preliminary geotechnical report. Refer to Chapter 14 of this Code.
A preliminary drainage report. Refer to Chapter 14 of this Code.
A preliminary grading plan. Refer to Chapter 14 of this Code.
An erosion and sediment control and revegetation plan. Refer to Chapter 14 of this Code.
A Traffic Impact Analysis (TIA) and/or Traffic Impact Study (TIS). Refer to Chapter 14 of this Code.
General development information. Provide a written description addressing how the proposed development
conforms to this Code (including development and design standards, zoning regulations and the subdivision
regulations) and Comprehensive Plan:
▪ The applicant's goals and vision for the project.
▪ How the proposed subdivision will be connected to and integrated with the surrounding natural and
developed areas.
▪ How the project will impact neighboring properties (i.e., water drainage, traffic circulation, trails,
environmental impacts and view corridors).
▪ How the design is cost-effective and environmentally responsive to site features and constraints and how
potential impacts to natural systems will be mitigated.
▪ How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
Images (such as photographs, sketches and/or plans) which illustrate the project intenti on, for example
▪ Important architectural elements and styles.
▪ Ideas for landscaping features, such as Xeriscape.
▪ Streetscape components which contribute to the project's character.
▪ Examples of signs that promote the development's identity.
▪ Photographs of the site.
▪ Anything else that illustrates what the applicant is trying to create.
The names and addresses of any owners and lessees of mineral rights for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The names and addresses of property owners within two (200) hundred feet of any portion of the property.
Any other reports and information deemed necessary by the Town.
Copies of the preliminary plat and associated submittal materials in a format and quantity as specified by
Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MINOR SUBDIVISION FINAL PLAT CHECKLIST
An application for a minor subdivision final plat shall be accompanied by the following information,
unless one or more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A cover letter including a statement of the purpose of the application and a brief description of how the
proposal meets the requirements of Section 19-3-215 of the Land Development Code.
Two (2) copies of a title commitment dated no more than thirty (30) days from the date of application.
Drainage plan. Refer to Chapter 14 of this Code.
The names and addresses of any owners and lessees of mineral right s for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The minor amendment of final plat, including a lot line adjustment, lot consolidation, or plat correction, shall be
accompanied by the following additional information:
Copies of a petition requesting the minor plat amendment, describing the impact and the need for the
amendment in a format and quantity as specified by Town staff.
Three (3) copies of the recorded plat to be amen ded.
Signed statements from all lien holders and all other security interest holders of record indicating that the
interest holders do not object to the proposed plat amendment. If there are no other holders of interest in the
property, the property owner(s) shall so indicate by a signed statement.
At the discretion of the Town, in cases where the effects of a minor plat amendment are determined to be
negligible to all property owners within the subdivision, the minor plat amendment may be processed on behalf of
all owners by a majority of owners, affected owners, and the developer of the subdivision or the owners'
association. In such cases, the applicant shall provide evidence of notice of the request and hearing to all
owners within the subdivision.
Any other reports and information deemed necessary by the Town.
Copies of the final plat and associated submittal materials in a format and quantity as specified by Town Staff.
Prior to execution of the final plat, the applicant shall provide the To wn with the following:
Executed originals of all legal documents.
Final plat Mylar.
A fourteen (14) inch by eighteen (18) inch black line Mylar for the purpose of incorporating the data into a 911
emergency system, containing the name of the subdivis ion, the section, township and range in which the
subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and
a range of street addressing numbers for each street.
A digital file of the approved final plat and 911 emergency system drawings, in a form acceptable the Town's
Geographic Information System (GIS).
Note: For a minor subdivision final plat of a condominium, townhome and/or apartment development, refer to the
as-built plat submittal checklist.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MAJOR SUBDIVISION FINAL PLAT CHECKLIST
An application for a major subdivision final plat shall be accompanied by the following information,
unless one or more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
Two (2) copies of a title commitment dated no more than thirty (30) days from the date of application.
Written proof of water and sewer service and the location of any proposed connection with existing systems.
Letters of support and commitment to serve signed by a representative of each utility provider.
A phasing plan for the entire preliminary plat land area, if requesting approval of final plats for a portion of an
approved preliminary plat. The phasing plan shall include the location and number of the proposed final plats,
their approximate dates to be recorded, and when infrastructure will be extended to each phase.
Engineering drawings. Refer to Chapter 14 of this Code for the drawing requirements and design and
technical criteria for the construction of roads, walkways, utilities, and associated infrastructure within the Town.
Written proof of legal access if the property does not have direct contiguous access to a street.
Draft SIA, in a form as provided in Appendix 3 Subdivision Improvements Agreement.
Two (2) copies of the proposed restrictive covenants, condominium or townhome declaration, articles of
incorporation and bylaws of any homeowners' association and deed of conveyance to an HOA, if applicable.
Final environmental studies (wetland delineation, floodplain mapping, geotechnical report, etc.).
A drainage report. A preliminary drainage report for the entire subdivision shall be submitted as part of the first
phase of a phased development. A final drainage report shall be submitted for each phase of development at the
appropriate time it is submitted in final detail for approval to the Town. Refer to Chapter 14 of this Code.
A final grading plan. Refer to Chapter 14 of this Code.
A final erosion and sediment control and revegetation plan. Refer to Chapter 14 of this Code.
A landscaping plan. Refer to Chapter 14 of this Code.
A Traffic Impact Analysis (TIA) and/or Traffic Impact Study (TIS). Refer to Chapter 14 of this Code.
A written description addressing how the proposed development conforms to the Comprehensive Plan.
Exterior lighting plan. Refer to Chapter 14 of this Code.
Estimated time schedule for development.
Any other special reports and/or information deemed necessary by the Town.
Copies of the final plat and associated submittal materials in a format and quantity as specified by Town Staff.
The names and addresses of any owners and lessees of mineral rights for the property. All mineral rights
owners and lessees must be notified thirty (30) days in advance of application review.
The names and addresses of property owners within two (200) hundred feet of any portion of the property.
Prior to execution of the final plat, the applicant shall provide the Town with the following:
Proof of filing the applicable articles of incorporation with the Secretary of State and the executed o riginals of
all legal documents, including a final executed SIA and any required collateral.
Final plat Mylar.
A fourteen (14) inch by eighteen (18) inch black line Mylar for the purpose of incorporating the data into a 911
emergency system, containing the name of the subdivision, the section, township and range in which the
subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and
a range of street addressing numbers for each street.
A digital file of the approved final plat and 911 emergency system draw ings, in a form acceptable the Town's
Geographic Information System (GIS).
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
AS-BUILT PLAT CHECKLIST
An application for an as-built plat shall be accompanied by the following information, unless one or
more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
The final plat of a condominium, townhome and/or apartment development (also known as an as -built plat) shall
contain the following:
A note as follows: "Approval and recordation of the as-built plat allows the sales of the subdivision to
proceed." (Not applicable for apartments.)
Identify each building and each of the units by letter or number.
Designate the maximum number of bedrooms in each unit.
Designate density per acre.
Identify common open space, if applicable.
Square footage of land occupied by buildings and percentage to entire acreage.
Square footage of open space and percentage to entire acreage.
The words and blanks: "Condominium/ Townhome Declarations recorded at Reception No. ________, Grand
County Records" (not applicable for apartments).
The same title information as the approved final plat with the following changes:
▪ As-Built Plat: Minor Subdivision - Final Plat Amendment
▪ Updated Legal Description
▪ Prior Reception Numbers
For condominiums, as-built plats shall also include horizontal and vertical layouts of the airspaces. The second
and remaining sheets shall contain:
Sufficient plan and section drawings to completely define the positions of thos e various volumetric spaces
within the inside walls and roofs which are referred to in the condominium declarations.
The numerical designation of the individual parcels (volumetric or plane) which will be specifically referred to
in deeds to the owners of the spaces or areas.
Any other reports and information deemed necessary by the Town.
Copies of the as-built plat and associated submittal materials in a format and quantity as specified by Town
Staff.
Prior to execution of the as-built plat, the applicant shall provide the Town with the following:
As-built final plat Mylar.
A fourteen (14) inch by eighteen (18) inch black line Mylar for the purpose of incorporating the data into a 911
emergency system, containing the name of the subdivision, t he section, township and range in which the
subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and
a range of street addressing numbers for each street.
A digital file of the approved final plat and 911 emergency system drawings, in a form acceptable the Town's
Geographic Information System (GIS).
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
VACATION OF PLAT, RIGHT-OF WAY OR EASEMENT CHECKLIST
An application for the vacation of a plat, right-of-way or easement shall be accompanied by the following
information, unless one or more items are specifically waived in writing by the Town Staff:
An application for a plat vacation shall be accompanied by the following information:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
Three (3) copies of the recorded plat to be vacated.
Two (2) copies of a title commitment dated no more than thirty (30) days from the date of application.
Copies of the vacation plat and associated submittal materials in a format and quantity as specified by Town
Staff.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
An application for a right-of-way and/or easement vacation shall be accompanied by the following information:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
Copies of a petition requesting vacation of the right-of-way and/or easement and all accompanying documents
in a format and quantity as specified by Town Staff.
Copies of the documentation showing that the right-of-way and/or easement sought to be vacated has been
legally dedicated to and accepted by the public or authorized agent of the public in a format and quantity as
specified by Town Staff.
The names and addresses of property owners within two (200) hundred feet of any portion of the property.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FLOODPLAIN DEVELOPMENT PERMIT CHECKLIST
An application for a Floodplain Development Permit shall be accompanied by the following information,
unless one or more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location and street address (if applicable) of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A cover letter including a statement of the purpose of the application, a brief description of the proposal, and
response to the factors for consideration of approval listed in Section 19-5-240 of this Chapter.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
Plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the placement of manufactured homes, and the location
of the foregoing in relation to special flood hazard area. Additionally, the following information is required:
▪ Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and
substantially improved structures.
▪ Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed.
A certificate from a registered Colorado professional engineer or architect that the nonresidential flood proofed
structure shall meet the flood proofing criteria of Section 19-5-330 of the Lochbuie Municipal Code.
A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result
of proposed development.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FINAL PLAT SPECIFICATIONS CHECKLIST
All final plats shall be prepared in accordance with the following specifications:
Plat size: twenty-four (24) inches by thirty-six (36) inches, with a one-half-inch margin on the top, bottom and
right-hand side and a one-and-one-half-inch margin on the left-hand side.
Sheets shall be numbered in sequence if more than one (1) sheet is used.
Title: The title shall include the type of subdivision (Preliminary Plat, Final Plat, As-Built Plat, or Plat
Amendment) and the following addition information:
▪ Subdivision Name
▪ Prior Reception Numbers (Plat Amendments only)
▪ Legal Description
▪ Town of Fraser, Grand County, Colorado
A blank 2¼" x 3" vertical box in the lower right-hand corner of the plat inside the margin for use by the County
Clerk and Recorder.
Each sheet shall show the written and graphic scale, north arrow and date of survey preparation.
A general vicinity map.
Names and addresses of the applicant and surveyor.
A statement by the surveyor of the basis of bearing for laying out the boundaries.
A description of all monuments, both found and set, which mark the boundaries of the property, and a
description of all control monuments used in conducting the survey.
Signature and seal of the land surveyor. See Appendix D to this Code for signature block text and format.
Signature blocks for owners, lien holders (if applicable) and Board of Trustees. See Appendix D to this Code
for signature block text and format.
Dedication and depiction of access rights-of-way to adjacent lands, if applicable.
All recorded and apparent easements and right-of-ways on and/or adjacent to the property.
A land and improvements survey and metes-and-bounds legal description of the property in question by a
registered surveyor.
All dimensions necessary to establish the boundaries in the field.
All signatures in black, permanent ink.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
SIGN PERMIT CHECKLIST
An application for a sign permit and/or Master Sign Plan (MSP) shall be accompanied by the following
information, unless one or more items are specifically waived in writing by the Town Staff:
The land use application form.
The applicable fee as established by the Board of Trustees in Appendix 2 Application Fees.
A vicinity map indicating the location and street address (if applicable) of the property.
A legal description of the property.
Proof of legal ownership in the form of a current title policy, and the names and addresses of the owners of
the property and any lienholder(s).
A cover letter including a statement of the purpose of the application and a brief description of the proposal.
A letter of representation, signed and notarized by the property owner(s), for any applicant that is not a
property owner.
A drawing showing the following:
▪ The proposed location of the sign along with the locations, types and square footage areas of all existing
signs on the same premises.
▪ Specifications and scale drawings showing the type, materials, design, dimensions, structural supports,
and electrical components of all proposed signs.
Any other special reports and/or information deemed necessary by the Town.
Copies of the submittal materials in a format and quantity as specified by Town Staff.
In addition to the above information, an application for approval of a MSP in accordance with Section19-6-230 of
this Chapter shall include, at a minimum, the following:
A complete set of design standards that establishes a unified theme for all signs, including architecture,
materials, colors, letter and logo sizes, letter styles, lighting, mapping and other graphics .
Identification of locations and sign sizes that relate to major decision points and destinations.
A statement of the intended use of the sign (i.e., permanent or temporary).
A maintenance plan.
Subsequent application for specific signs in compliance with an approved MSP require a sign permit and
applicable fee.
CHAPTER 19
Town of Fraser Land Development Code
APPENDIX 2
APPLICATION FEES
APPENDIX TWO – APPLICATION FEES
Code
Section Application Type Fees, Costs and Deposits
Annexation $10,000 cash deposit; $1500 minimum
19-1-330 Variance or Appeal (BOA) $750
19-1-350 Variance: Administrative $150 per decision/ruling
19-2-160(a) PD District Plan Amendment
(Major and Minor)
$1,500 plus $75 for first 10 acres plus $60 per acre over
10-50 acres plus $50 per acre over 50 acres; $2,500.00
minimum
19-2-150(b) Final PD Plan $1,500 plus $75 for first 50 acres plus $40 per acre over 50
acres; $2,000.00 minimum
19-2-160(b) Final Plan PD Amendment
(Major)
$1,500 plus $75 for first 50 acres plus $40 per acre over 50
acres; $2,000.00 minimum
19-2-160(b) PD Final Plan Amendment
(Minor)
$250
19-2-110 Site Plan (Major) $700
19-2-110 Site Plan (Minor) $50
19-2-120 Conditional Use Permit $550
19-2-160 Rezoning $650
19-2-330 Temporary or seasonal use $25
19-3-210 Major Subdivision $5,000 cash deposit
19-3-220(a) Sketch Plan $350
19-3-225(b) Preliminary Plat $100 per lot/unit created; $900 min.
19-3-225 Preliminary Plat Amendment
(Major)
$100 per lot/unit created; $900 minimum
19-3-225 Preliminary Plat Amendment
(Minor)
$250
19-3-230 Minor Subdivision $3000 cash deposit
19-3-230(c)
Final Plat $200 per lot/unit created $1,200 min. 5-10 lots/units $100
per lot/unit created - $1,500 min. (11-20 lots/units)
$90 per lot/unit created - $2,000 min. (21-50 lots/units) $80
per lot/unit created - $3,600 min. (51+ lots/units)
19-3-235 As-built Plat $250
19-3-240 Final Plat Amendment (Major) $650
19-3-240 Final Plat Amendment (Minor) $650
19-3-250 Plat Vacation $650
19-3-250 ROW / Easement Vacation $650
19-3-455 Acceptance of Final
Improvements
$250
19-5-240 Floodplain Development
Permit
$250
19-6-220;
19-6-240
Sign Permit $40
19-6-230 Master Sign Plan (MSP) $350 for up to 250 acres
$400 for 251-500 acres
$450 for 501-1,000 acres
$550 for 1,001-2,000 acres
19-6-230 MSP Minor Amendment $50
19-6-230 MSP Major Amendment. 50% of the MSP Major Amendment Fee
CHAPTER 19
Town of Fraser Land Development Code
APPENDIX 3
SUBDIVISION IMPROVEMENTS AGREEMENT
Page 1 of 15
SUBDIVISION IMPROVEMENTS AGREEMENT
BETWEEN
THE TOWN OF FRASER
AND
(NAME OF SUBDIVIDER)
PERTAINING TO:
(NAME OF SUBDIVISION)
TOWN OF FRASER
GRAND COUNTY, COLORADO
SUBDIVISION IMPROVEMENTS AGREEMENT
This Subdivision Improvements Agreement (“SIA”) is made and entered into by and
between the TOWN OF FRASER, a Colorado municipal corporation (“Town”) and
____________(“Subdivider”). This SIA shall be effective following execution by the
subdivider and immediately upon approval by the Fraser Board of Trustees as
evidenced by the signature of the Town’s Mayor or Mayor Pro Tem on the date indicated
below.
1. Recitals. The parties agree that each of the following statements is true and is a
material part of this SIA:
A. Subdivider represents that it is the sole owner of the real property
described in the attached Exhibit A (“Property”), and has obtained
approval from the Town to subdivide said property for a new subdivision
to be known as _______________ Subdivision, (“Subdivision”).
B. Pursuant to the Town’s subdivision regulations, the final plat of the
Subdivision cannot be recorded until Subdivider has entered into an
agreement with the Town concerning the construction of the required
public and private improvements for the Subdivision, including on-site and
off-site improvements. The final plat and the accompanying documents
and plans, including construction drawings and specifications, as
approved by the Town (the “Final Plat Documents”), are incorporated into
this agreement for all purposes including illustration and interpretation of
the terms and conditions of this agreement.
C. The Town seeks to protect the health, safety and general welfare of the
community by requiring the completion of various on-site and off-site
Page 2 of 15
improvements for the Subdivision and thereby limiting the harmful effects
of substandard subdivisions.
D. The purpose of this SIA is to protect the Town from the cost of completing
or repairing subdivision improvements itself.
E. As consideration for the approval by the Town of the final plat for the
Subdivision, Subdivider agrees to construct certain hereinafter described
improvements for the Subdivision in accordance with, and subject to, the
terms, conditions and requirements of this SIA. The parties hereby
acknowledge the sufficiency and adequacy of said consideration.
2. Construction of Required Improvements. Subdivider agrees to construct, at its
sole cost, those required improvements (including required utility services) for the
Subdivision as described on the attached Exhibit B and as identified on the Final
Plat Documents (“Improvements”). All Improvements shall be constructed in
accordance with the Town of Fraser design and construction standards in effect
as of the date of this SIA (Refer to Chapter 14 of the Fraser Municipal Code).
3. Timetable for Construction of Required Improvements.
3. 1 Construction Schedule. Subdivider shall construct the Improvements in
strict accordance with the schedule described on the attached Exhibit C.
Any failure by Subdivider to commence or complete the construction of
the Improvements in strict compliance with the schedule established in
Exhibit C shall constitute a default by Subdivider and shall entitle the
Town to proceed in accordance with the provisions of Section 15 of this
SIA. Subdivider shall not cease construction activities for any period of
more than thirty (30) consecutive days, without the Town’s prior written
approval, subject to the provisions of Section 3.3 regarding force majeure
and seasonal constraints.
3.2 Subdivider’s Obligation Not Contingent. Subdivider’s obligation to
complete the Improvements shall arise upon the recording of the final plat
of the Subdivision, shall be independent of any obligations of the Town
contained herein, and shall not be conditioned on the commencement of
construction or sale of any lots or improvements within the Subdivision.
3.3 Force Majeure and Seasonal Constraints. If Subdivider is rendered
unable to perform, in whole or part, because of acts of God, strikes, acts
of public enemies, wars, insurrections, civil disturbances, riots, landslides,
earthquakes, fires, storms, floods, or other such events beyond
Subdivider’s control, Subdivider’s obligations under this SIA shall be
suspended during the continuance of any inability so caused, but for no
longer. No cessation of activity for seasonal construction constraints shall
cause a violation of this Section 3.
4. Construction Standards and Inspections.
4.1 Standards and Progress Inspections. The Improvements shall be
constructed in a good and workmanlike manner, strictly in accordance
with the Final Plat Documents, and, to the extent not otherwise provided
in such Final Plat Documents, in accordance with all applicable laws,
Page 3 of 15
ordinances, codes, regulations and minimum design criteria and
construction standards applicable in the Town. There shall be no
changes made in the approved Final Plat Documents, including
construction drawings and specifications, without the prior written
approval of the Town. Periodic inspections may be made by the Town’s
staff or designated consultants during the progress of the work to confirm
that the Improvements are being constructed in compliance with such
requirements. Subdivider shall be required to pay for these periodic
inspections if said inspections are conducted by consultants other than
Town employees. Such inspections may be conducted in a manner and
in such areas and at such times, whether scheduled or unannounced, as
deemed appropriate by the Town’s staff or consultants. Subdivider
hereby grants permission for such persons to enter upon the Property for
purposes of making such inspections. Nothing herein shall relieve
Subdivider of the responsibility for insuring that the Improvements are
constructed in accordance with the standards set forth herein, nor shall it
relieve Subdivider of its warranty obligations as provided in Section 6.
4.2 Construction Phasing. Inspection and preliminary acceptance of a
portion of the Improvements in one or more phases of construction shall
occur only if specifically provided for in Exhibit D or as determined by
Town staff, in their discretion. Otherwise, all Improvements shall be
completed before preliminary acceptance will be granted. Any proposed
phasing must be logically related to the project as a whole and allow for
the efficient integration of the phased Improvements into the Town’s
infrastructure. The Town staff may require adjustments in previously
approved phasing schedules when deemed necessary to accommodate
changed conditions or unforeseen circumstances.
5. Preliminary Acceptance of Improvements.
5.2 Notice and Documentation. Upon completion of all Improvements or an
approved phase of Improvements, the Subdivider shall notify Fraser in
writing and request an inspection of the completed Improvements. Prior
to the inspection, the Subdivider shall provide to the Town the following
documentation:
(a) Adequate assurance by a registered engineer, licensed in this State,
that the Improvements have been constructed and completed in
accordance with the approved plans and specifications;
(b) As-built engineering drawings for the required Improvements, in
accordance with applicable Town construction standards;
(c) All test reports and logs required by the plans and construction
drawings and applicable regulations and construction standards; and
(d) An original affidavit or affidavits identifying all contractors,
subcontractors and materialmen who supplied labor or materials for the
Improvements and verifying that all have been paid, together with a lien
waiver from each such contractor, subcontractor and material supplier
acknowledging payment and waiver of any lien rights for all work
completed prior to the date inspection and preliminary acceptance is
Page 4 of 15
requested, subject to any retainage withheld from the contractor or
supplier during the warranty period and pending final acceptance.
5.3 Inspection and Preliminary Acceptance. Upon satisfaction of these
requirements, and subject to satisfaction of any additional requirements
provided in this SIA or the Town’s subdivision regulations, the Town’s
staff or designated consultant(s) shall inspect the completed
Improvements within ten (10) business days after receipt of the request
for inspection. If the Town’s staff or designated consultant(s) finds that
the specified improvements have been completed substantially in
accordance with the Plans and other requirements of this SIA and the
Subdivision Regulations, the Town staff shall issue a letter evidencing
Preliminary Acceptance within ten (10) business days after the inspection
date. The Town shall not be required to make inspections during any
period when climatic conditions interfere with making a thorough
inspection, as determined by the Town representative making the
inspection.
If, upon inspection of the completed Improvements, the Town staff or
designated consultant(s) finds that any of the improvements have not
been completed substantially in accordance with the Plans and other
requirements of this SIA and the Subdivision Regulations, the Town staff
or designated consultant(s) shall issue a written Notice of Deficiencies
within ten (10) business days after the inspection specifying which
Improvements have not been completed substantially in accordance with
the Plans and other requirements of this SIA and the Subdivision
Regulations. All deficiencies must be corrected within ten (10) business
days of the receipt of the notice of deficiencies. Such ten-business-day
time limit may be extended by the Town if the Town determines that such
deficiencies cannot reasonably be remedied within such ten-business-day
period. The Subdivider shall then notify Fraser in writing and request a
follow-up inspection of the Improvements, and the foregoing provisions of
this Section 5.3 shall be applicable.
5.4 Effect of Preliminary Acceptance. Preliminary acceptance of all or any
portion of the Improvements does not constitute a waiver by the Town of
the right to draw on the Performance Guarantee to remedy any defect in
or failure of the Improvements that is detected or which occurs after
acceptance of the Improvements, nor shall such acceptance operate to
release Subdivider from its warranty as herein provided.
Upon preliminary acceptance, the Town will assume responsibility for the
operation of all public water, sanitary sewer and storm water
improvements, if applicable, and for snow removal on accepted public
streets. At the Town’s discretion, it may elect not to plow any accepted
public streets until there is development on individual lots that warrant
access.
6. Warranty.
6.1 Warranty. Subdivider shall warrant that all Improvements shall remain
free from construction defects for a period of one (1) year from the date
that the Town preliminarily accepts the Improvements as provided in
Page 5 of 15
Section 5 of this SIA. For landscaping improvements or other vegetation
that will be dedicated to the town, the warranty period shall be two (2)
years, and not in any event to be less than two (2) full growing seasons.
During such one (1) year period, any construction defect determined to
exist with respect to such Improvements shall be repaired or the
Improvement replaced, at the Town’s option, at the sole cost of
Subdivider.
Subdivider shall maintain, in a reasonable, suitable and proper condition
for travel, ingress, and egress, all streets located within the Subdivision
until such time as the streets are accepted for maintenance by the Town,
and until any such private streets are accepted for maintenance by the
homeowners association or other responsible entity approved by the
Town.
6.2 Notice of Default; Cure Period. Except as provided in Subsection 6.3 with
respect to emergency repairs, the Town shall provide written notice to
Subdivider if inspection reveals that any Improvement is defective.
Subdivider shall have ten (10) business days from the giving of such
notice to remedy the defect. Such ten-business-day time limit may be
extended by the Town if the Town determines that such defect cannot
reasonably be remedied within such ten-business-day period. In the
event Subdivider fails to remedy the defect within the ten-business-day
period, or any extension thereof granted by the Town, the Town may the
utilize the collateral security to correct the defect or exercise any other
remedy provided in this SIA without further notice. No notice shall be
required with respect to emergency repairs except as provided in
Subsection 6.3.
6.3 Emergency Repairs. If at any time it appears that the Improvements may
be significantly damaged or destroyed as a result of a bona fide
emergency, an act of god, or due to construction failure, the Town shall
have the right, but not the duty, to enter upon the Property and perform
such repairs and take such other action as may be reasonably required in
the Town’s judgment to protect and preserve the Improvements. The
Town shall have no duty to inspect the Property to identify emergency
situations which may arise. Prior to or concurrent with, or immediately
following taking any action pursuant to emergency repairs, the Town shall
make a reasonable effort to locate Subdivider and advise it of the
existence and nature of the emergency. Upon written demand,
Subdivider shall reimburse the Town for the costs of such emergency
repairs. Failure of Subdivider to pay to the Town the costs of such
emergency repairs within fifteen (15) days after demand shall constitute a
default as provided in Subsection 13.H of this SIA.
6.4 Final Inspection. Approximately sixty (60) days prior to the expiration of
the warranty period, Fraser shall notify Subdivider in writing and schedule
a final inspection/walk through.
7. Final Acceptance.
7.1 Town Approval. Final acceptance of the Improvements by the Town
requires formal action by the Fraser Board of Trustees, after all
Page 6 of 15
Improvements have been completed, inspected and certified for final
acceptance by Town staff. Final release of the Performance Guarantee
requires additional formal action by the Fraser Board of Trustees. The
Town shall not be required to finally accept any of the Improvements until
the Board of Trustees determines that:
A. All Improvements have been satisfactorily completed in accordance
with the approved plans and specifications and have been
preliminarily accepted by the Town;
B. All warranty periods provided in Section 6 have ended and any
defects found upon inspection of the Improvements have been
satisfactorily remedied by Subdivider;
C. The Subdivider has submitted final “as-built” engineering drawings for
the required Improvements, in accordance with applicable Town
construction standards;
D. The Subdivider has provided and the Town has reviewed and
approved any and all conveyance documents required pursuant to the
provisions of Section 9.1;
E. The Subdivider has provided a final cost summary of Improvements;
F. The Subdivider has provided any additional test reports and logs from
warranty work;
G. The Subdivider has provided an original affidavit or affidavits
identifying all contractors, subcontractors and materialmen who
supplied labor or materials for the Improvements and verifying that all
have been fully paid, together with an original unconditional lien
waiver from each such contractor, subcontractor and material supplier
acknowledging full payment and waiver of any and all lien rights. The
final twenty percent (20%) of the initial Performance Guarantee
shall not be released until the Town receives said affidavit and
unconditional lien waivers; and
H. All other applicable requirements contained in this SIA, the Town’s
Subdivision Regulations and all applicable design and construction
standards have been satisfied.
7.2 Acceptance for Maintenance. At the end of the warranty period(s), and
upon final acceptance of the Improvements as provided in Subsection
7.1, the Town will assume all future repair and maintenance
responsibilities with respect to the accepted public improvements, if any.
The Town will not assume any responsibility for maintenance and repair
of required private improvements, and such responsibility shall remain
with the Subdivider unless it is transferred to a homeowners association
or other responsible entity in accordance with the approved Subdivision
documentation.
Page 7 of 15
8. Compliance with Law.
8.1 Compliance with Law. Subdivider shall comply with all relevant laws,
ordinances, and regulations in effect at the time of final plat approval
when fulfilling its obligations under this SIA. Subdivider shall also be
subject to laws, ordinances and regulations that become effective after
final plat approval to the extent permitted by applicable Colorado law.
9. Transfer of Title to Improvements.
9.1 Dedication on Plat. Subdivider shall dedicate such of the Improvements
as are designed or intended as public Improvements, by appropriate
language on the face of the final plat of the Subdivision. Such dedication
shall be made free and clear of all liens, encumbrances and restrictions,
except for the permitted exceptions shown on the attached Exhibit E
which are the same or fewer than those identified in the title insurance
commitment or other title evidence provided.
10. Performance Guarantee.
10.1 Amount and Form of Guarantee. The estimated cost of constructing the
Improvements, as determined by a licensed engineer selected by
Subdivider, with the Town’s approval, is $___________ (See the attached
Exhibit B). Pursuant to the Town’s subdivision regulations, Subdivider is
required to furnish collateral to ensure completion of the Improvements, in
an amount not less than one hundred and twenty-five percent (125%) of
the estimated costs of all Improvements. Accordingly, Subdivider has
posted the following with the Town’s approval as a guarantee of the
performance of its obligations hereunder, including its obligation with
respect to the one-year warranty period provided for in Section 6.1
(“Performance Guarantee”).
( ) An irrevocable Letter of Credit issued by a qualified Colorado
lending institution acceptable to the Town in the amount of
$__________, a copy of which is provided on the attached
Exhibit F.
( ) A cash deposit in the amount of $_____________________.
( ) Other such legal assurance as may be deemed appropriate by the
Town and approved by the Board of Trustees.
10.2 Use of Performance Guarantee. Subject to the terms of this SIA, the
Town may draw upon and utilize the Performance Guarantee to pay for
the construction, completion or correction of the required improvements
or to restore and revegetate the site in the event Subdivider fails to timely
perform the obligations provided in this SIA and the Town’s subdivision
regulations or is otherwise in default under the terms of this SIA.
Application of the Performance Guarantee may include covering such
costs, including reasonable engineering and attorney’s fees, as are
necessary for the Town to administer the construction and correct, repair
or complete the required improvements and to enforce this SIA and any
bond or other undertaking given as the performance guarantee.
Page 8 of 15
10.3 Renewal. Such Performance Guarantee shall remain in effect and shall
be renewed by Subdivider as necessary until released by the Town in
accordance with the provisions of Section11 of this SIA. If such
Performance Guarantee is provided in a form of a letter of credit or
deposit arrangement that includes an expiration date, Subdivider shall
provide evidence of extension of such expiration or replacement of
equivalent collateral in a form acceptable to the Town. Failure to provide
proof of such extension or replacement collateral no later than thirty (30)
days prior to the date of expiration shall be cause for the Town Manager
or his or her designee to draw on the Performance Guarantee without the
necessity of any notice of default or other notice to Subdivider. Funds
withdrawn in this manner may be expended as necessary to correct,
repair and/or construct the Improvements or may be released upon
provision of replacement collateral in a format acceptable to the Town.
11. Release of Performance Guarantee.
11.1 Requests for Partial Release of Performance Guarantee. Subdivider may
make periodic requests for the partial release of the Performance
Guarantee in accordance with the provisions of this Subsection 11.1. All
such requests shall be in writing to the Town Board, shall be for a
reduction of at least twenty percent (20 %) of the total original
Performance Guarantee, and shall correspond with a portion of the
Improvements that have been substantially constructed or installed in
accordance with this SIA. No more than one request for a partial release
of the Performance Guarantee may be submitted each month. No
reduction of the Performance Guarantee shall be allowed which would
reduce the amount of collateral to less than one-hundred twenty-five
percent (125%) of the estimated cost of any remaining or incomplete
Improvements; and the final twenty percent (20%)of the initial
Performance Guarantee may not be released until all of the
Improvements have been preliminarily accepted, the one-year warranty
period has run, the Subdivider has complied with all requirements
specified in Section 7 hereof and the Improvements are finally accepted
by the Town. There shall be no reduction in the amount of the
Performance Guarantee if Subdivider is in default under this SIA.
11.2 Warranty Bond. After preliminary acceptance, and with approval of the
Board of Trustees, the performance guarantee may be reduced to an
amount not less than twenty percent (20%) of the initial performance
guarantee to guarantee performance during the warranty period. A
corporate surety warranty bond in that amount may be substituted as the
performance guarantee for the warranty period, provided that the
applicant also provides a cash deposit in the amount of five thousand
dollars ($5,000.00) or ten percent (10%) of the amount of the warranty
bond, whichever is greater, as additional security to the Town.
12. Payment In Lieu of Dedications. Subdivider agrees to make any and all
payments in lieu of dedications prior to the Town’s execution of its approval on
the final plat. The amount of such payment shall be as calculated on the
attached Exhibit G.
Page 9 of 15
13. Default. The following conditions, occurrences or actions shall constitute a
default by Subdivider under this SIA:
A. Subdivider’s failure to commence construction of the Improvements within
the time specified in Exhibit C;
B. Subdivider’s failure to complete construction of the Improvements within
the time specified in Exhibit C;
C. Subdivider’s failure to construct the Improvements in accordance with the
approved plans and specifications for the Improvements and this SIA;
D. Subdivider’s failure to cure defective construction of any Improvement
within the applicable cure period as provided in Subsection 6.2;
E. Subdivider’s failure to perform work within the Subdivision for a period of
more than thirty (30) consecutive days without the prior written approval
of the Town, subject to the provisions of Subsection 3.3 regarding force
majeure and seasonal constraints;
F. Subdivider’s insolvency, the appointment of a receiver for Subdivider or
the filing of a voluntary or involuntary petition in bankruptcy respecting
Subdivider;
G. Foreclosure of any lien against the Property or a portion of the Property or
assignment or conveyance of all or part of the Property in lieu of
foreclosure prior to final acceptance of the Improvements by the Town as
provided in Section 7;
H. Subdivider’s failure to pay to Town upon demand the cost of emergency
repairs performed in accordance with Subsection 6.3 of this SIA; or
I. Subdivider’s violation of any provision of this SIA, the Town’s subdivision,
zoning or land use regulations, or any other ordinances of the Town;
The Town may not declare a default until fifteen (15) days’ advance written notice
has been given to Subdivider and Subdivider has failed to cure the default within
that period; provided, however, that such notice shall not be required with respect
to any defective construction for which a thirty (30) days’ notice of right to cure
has been given in accordance with Subsection 6.2 hereof.
14. Recovery of Damages and Costs. The Town shall be entitled to recover all
damages and costs incurred as a consequence of any breach of this SIA by
Subdivider and enforcement hereof, whether or not suit is brought, including
without limitation, all reasonable costs of obtaining the appropriate Performance
Guarantee funds and completing the Improvements, and including all design,
engineering, inspection and legal costs, including reasonable attorney fees. For
Improvements upon which construction has not begun, the estimated cost of the
Improvements as supplied by Subdivider pursuant to Section 10 and shown on
Exhibit B shall be prima facie evidence of the cost of completion; however,
neither that amount nor the amount of the Performance Guarantee establishes
the maximum amount of Subdivider’s liability. The Town shall be entitled to, but
not obligated to, complete all unfinished Improvements after the time of default
Page 10 of 15
regardless of the extent to which development has taken place in the Subdivision
or whether development ever commenced.
15. Town’s Rights upon Default. In the event of default the Town shall have the
following rights:
A. The Town Manager may stop work on the Improvements until a schedule
and agreement on compliance for construction has been reached.
B. The Town may, but shall not be required to, have the Improvements
constructed by such means and in such manner as the Town shall
determine, without the necessity of public bidding.
C. If the Town elects to have the Improvements constructed, it shall have the
right to use Subdivider’s Performance Guarantee to pay for the
construction of such Improvements. If the amount of the Performance
Guarantee exceeds the costs of obtaining the Performance Guarantee
funds and constructing the Improvements as set forth in Section 14
hereof, the Town shall deliver any excess funds to Subdivider. If the
Performance Guarantee is insufficient to fully pay such costs, Subdivider
shall, upon demand, pay such deficiency to the Town, together with
interest thereon as provided in Section 16.
D. The Town may exercise such rights it may have under Colorado law,
including, without limitation, the right to bring suit against Subdivider for
injunctive relief, for specific performance of this SIA, or to recover
damages for the breach by Subdivider of this SIA.
E. Subdivider hereby grants to the Town, its successors, assigns, agents,
contractors and employees, a non-exclusive right and easement to enter
the Property for the purposes of constructing, maintaining and repairing
any Improvements pursuant to the provisions of this Section 15.
F. In addition to any remedies provided for herein, or by law or equity, while
Subdivider is in default under this SIA the Town may refuse to issue
building permits for the Subdivision and Subdivider shall have no right to
sell, transfer or otherwise convey lots or units within the Subdivision
without the express written approval of the Town. If the Town elects not
to proceed with completion of the Improvements, the Town Board may, by
resolution, vacate any portion of the Subdivision plat for which
Improvements have not been completed. In addition, the Town may
proceed with restoring and revegetating the site, which may include
removal of any uncompleted Improvements, using the Performance
Guarantee to pay for the costs thereof.
G. The remedies provided for in this Section and elsewhere in this SIA are
cumulative in nature.
16. Interest. Any sum which is required to be paid by Subdivider to the Town under
this SIA and which is not timely paid shall accrue interest at eighteen percent
(18%) per annum commencing as of the date such sum was due.
Page 11 of 15
17. Public Utilities. Subdivider shall pay all installation charges for lighting,
electricity, natural gas, telephone and cable television required for the
Subdivision. All utility lines shall be placed underground in accordance with
applicable Town requirements.
18. Relocation of Utility Lines and Easements, and Oversizing. Subdivider shall bear
all costs associated with relocating any water, sewer, telephone, electrical, gas or
cable television lines and providing for respective easements for construction of
same within and outside of the Subdivision. If oversizing is required, the cost of
such oversizing shall be paid as set forth in the agreement attached as Exhibit
H.
19. Debris. Subdivider shall take all steps necessary to limit and prevent the
accumulation of, and to remove accumulated, mud, sediment, dirt, trash and
other debris that is carried onto public property or off-site onto private property
during construction of said improvements. Such obligation shall continue until all
Improvements within the subdivision are completed. If Subdivider fails to remedy
any conditions caused or generated by the development of the Subdivision as
contemplated by this Section within 24 hours of oral or written notice by the
Town, Subdivider agrees to pay to the Town upon demand any costs reasonably
incurred by the Town in remedying such conditions. Nothing herein shall obligate
the Town to remedy any such conditions, or limit the Town in its selection of the
method or manner of remedy.
20. Payment of Fees and Charges. Subdivider agrees to comply with all the
ordinances, rules and regulations of the Town and shall pay all fees and other
charges in a timely manner as required by the Town, including but not limited to
building permit fees, inspection fees, and tap fees imposed by Town ordinance,
resolution or motion, or by the terms and conditions of this SIA.
21. Landscaping Improvements. Subdivider shall install at its own expense and at
no cost to the Town, all landscaping as depicted on the approved landscaping
plan. All landscaping that dies within two (2) growing seasons shall be replaced
by Subdivider at its sole cost, and shall be required to live for at least one (1)
year from the time it is replanted. Subdivider’s obligations under this Section
shall be guaranteed as part of the Improvements.
22. Erosion Control. Subdivider shall comply with all applicable erosion control
measures required by Local, State and Federal Laws.
23. Contracting Licensing. Before proceeding with any of the work contemplated
herein, Subdivider shall ensure that all contractors and/or subcontractors
employed by Subdivider shall have paid for and obtained an appropriate
business license and other taxes or fees to the Town before commencing work
on any of the Improvements.
24. No Third Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this SIA, and all rights of action
relating to such enforcement, shall be strictly reserved to the Town and
Subdivider, and nothing contained in this SIA shall give or allow any such claim
or right of action by any other third person on this SIA. It is the express intention
of the Town and Subdivider that any person other than the Town or Subdivider
Page 12 of 15
receiving services or benefits under this SIA shall be deemed to be an incidental
beneficiary only.
25. Indemnification. Subdivider agrees to indemnify and hold the Town, its officers,
employees, agents and insurers harmless from and against all liability, claims,
and demands, on account of injury, loss or damage, including, without limitation,
claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever, which arise
out of or are in any manner connected with the construction of the Improvements
or other work performed upon the Subdivision, if such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by
the act, omission, error, professional error, mistake, negligence, intentional act,
or other fault of Subdivider, any subcontractor of Subdivider, or any officer,
employee, representative, or agent of Subdivider or of any subcontractor of
Subdivider, or which arise out of any worker’s compensation claim of any
employee of Subdivider, or of any employee of any subcontractor of Subdivider.
Subdivider agrees to investigate, handle, respond to, and to provide defense for
and defend against any such liability, claims, or demands at the sole expense of
Subdivider. Subdivider also agrees to bear all other costs and expenses related
thereto, including court costs and attorneys’ fees, whether or not any such
liability, claims or demands alleged are determined to be groundless, false, or
fraudulent.
26. No Waiver. No waiver of any provision of this SIA shall be deemed to constitute
a waiver of any other provision, nor shall it be deemed to constitute a continuing
waiver unless expressly provided for by a written amendment to this SIA signed
by both the Town and Subdivider; nor shall the waiver of any default under this
SIA be deemed a waiver of any subsequent default or defaults of the same type.
The Town’s failure to exercise any right under this SIA shall not constitute the
approval of any wrongful act by Subdivider or the acceptance of any
Improvements.
27. Vested Property Rights. This SIA shall not alter, enlarge, extend or modify any
vested right obtained by Subdivider in connection with the Subdivision.
Subdivider hereby waives its rights to any claims against the Town under
Colorado vested property rights statutory or common laws if the Town suspends
work or withdraws its approval because of false or inaccurate information
provided by Subdivider.
28. Recordation. This SIA and the final plat shall be recorded by the Town in the
Office of the Grand County Clerk and Recorder and Subdivider shall pay the
Town the costs thereof upon demand. It is Subdivider’s obligation to prepare and
submit to the Town the final plat in a form and upon material acceptable for
recordation by the Clerk and Recorder.
29. Immunity. Nothing contained in this SIA shall constitute a waiver of the Town’s
sovereign immunity under any applicable state or federal law.
30. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil
action commenced by either party to this SIA, whether arising out of or relating to
the SIA or the Performance Guarantee, shall be deemed to be proper only if such
action is commenced in the District Court of Grand County, Colorado. Subdivider
Page 13 of 15
expressly waives its right to bring such action in or to remove such action to any
other court, whether state or federal.
31. Code Changes. References in this SIA to any provision of the Town’s Municipal
Code or to any Town or other governmental standard are intended to refer to any
subsequent amendments and/or revisions to such Code or standard. Such
amendments or revisions shall be binding upon Subdivider.
32. Nonassignability. This SIA may not be assigned by Subdivider without the prior
written consent of the Town.
33. Notices. Any notice required or permitted hereunder shall be in writing and shall
be sufficient if personally delivered, mailed by certified mail, return receipt
requested, or sent by electronic mail or facsimile, addressed as follows:
If to the Town: Town of Fraser
Attn: Town Manager
P. O. Box 370
Fraser, CO 80442
(970)-726-5491
Fax No. (970)-726-5518
email:________________
If to Subdivider:
Notices mailed in accordance with the above provisions shall be deemed to have
been given on the third business day after mailing. Notices personally delivered
shall be deemed to have been given upon delivery. Notices sent by electronic
mail or facsimile shall be deemed to have been given at the time the
transmission is received. Nothing herein shall prohibit the giving of notice in the
manner provided for in the Colorado Rules of Civil Procedure for service of civil
process.
34. Entire Agreement. This SIA constitutes the entire agreement and understanding
between the parties relating to the subject matter of this SIA and supersedes any
prior agreement or understanding relating to such subject matter.
35. Severability. It is understood and agreed by the parties hereto that if any part,
term, or provision of this SIA is held by a court of competent jurisdiction to be
illegal or in conflict with any law, state or federal, the validity of the remaining
portions or provisions hereof shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the SIA did not contain the
particular part, term, or provision held to be invalid.
36. Modification. This SIA may be modified or amended only by a duly authorized
written instrument executed by the parties hereto.
Page 14 of 15
37. Counterparts. This SIA may be executed simultaneously in two or more copies,
each of which shall be considered an original for all purposes and all of which
together shall constitute but one and the same instrument.
38. Binding Effect. This SIA shall run with the Property, and shall be binding upon,
and shall inure to the benefit of, the parties and their respective heirs,
successors, assigns, and legal representatives.
39. Governing Law. This SIA shall be interpreted in accordance with the laws of the
State of Colorado.
40. Illegal Aliens. By its signature on this Agreement, Subdivider certifies that, as of
the time of its signature, it does not knowingly employ or contract with any illegal
alien who will perform work under this Agreement and that, in order to confirm
the employment eligibility of all employees who are newly hired for employment
to perform work under this Agreement, Subdivider will participate in the e-verify
program or department program, as defined in C.R.S. 8-17.5-101. Subdivider
agrees that it shall not knowingly employ or contract with any illegal alien to
perform work under this Agreement; and that it shall not enter into a contract with
a subcontractor that fails to certify to Subdivider that the subcontractor shall not
knowingly employ or contract with any illegal alien to perform work under this
Agreement. Subdivider has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Agreement
through participation in either the e-verify program or department program, as
defined in C.R.S. 8-17.5-101. Subdivider shall not use the e-verify program or
department program procedures to undertake preemployment screening of job
applicants while work under this Agreement is being performed. If Subdivider
obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Subdivider shall:
(1) notify the subcontractor and the Town within three days that Subdivider has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and (2) terminate the subcontract with the subcontractor if, within
three days of receiving the notice required herein, the subcontractor does not
stop employing or contracting with the illegal alien; except that Subdivider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Subdivider shall comply
with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Department is
undertaking pursuant to the authority established in C.R.S. 8 17.5 101 (5). If
Subdivider violates a provision of this paragraph, the Town may terminate this
Agreement for breach of contract. If the contract is so terminated, Subdivider
shall be liable for actual and consequential damages to the Town. Subdivider
understands that, in the event of such a termination, the Town is required to
notify the office of the Colorado Secretary of State.
Incorporation of Exhibits. The following attached Exhibits are incorporated herein by
reference:
Exhibit A Property description
Exhibit B Required improvements description and cost estimates
Exhibit C Required improvements completion schedule
Exhibit D Phasing of Improvements (if applicable)
Exhibit E Permitted title exceptions
Page 15 of 15
Exhibit F Letter of credit form
Exhibit G Payment in lieu of dedication
Exhibit H Agreement for payment of oversized utility fees
Dated to be effective the ____ day of __________, _______.
ATTEST: TOWN OF FRASER
a Colorado statutory municipal corporation
By:
Town Clerk Mayor
STATE OF COLORADO )
)ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this ____day of __________,
_______, by ____________, Mayor, and _______________, Town Clerk of the Town of
Fraser, a Colorado statutory municipal corporation.
WITNESS my hand and official seal.
My commission expires:
__________________________
Notary Public
SUBDIVIDER
(NAME OF SUBDIVIDER)
By:
_____________________________
STATE OF COLORADO )
)ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this ____day of __________,
_______, by .
WITNESS my hand and official seal.
My commission expires:
_____________________
Notary Public
CHAPTER 19
Town of Fraser Land Development Code
APPENDIX 4
CONSTRUCTION GUARANTEE AGREEMENT
Rev. 2018-02 Page 1 of 7
CONSTRUCTION GUARANTEE AGREEMENT
THIS AGREEMENT is made and entered into as of this day of ,
20 , by and between __________________________________________________________,
whose address is ,
hereinafter referred to as “Developer”, and the Town of Fraser, a municipal corporation of the
State of Colorado, whose address is 153 Fraser Avenue, P.O. Box 370, Fraser, Colorado 80442,
hereinafter referred to as “Fraser” or “Town”, together referred to as “the Parties”.
WHEREAS, Developer is the owner of certain real property located within Fraser, legally
described as , on which
Developer intends to construct certain improvements (hereinafter, the “Project”); and
WHEREAS, Developer has applied for the issuance of a land use approval for the Project
pursuant to Chapter 19 of the Fraser Municipal Code; and
WHEREAS, Fraser’s regulations at Section 19-3-425(a) require that as a condition of
approval appropriate construction guarantees to ensure that necessary construction features and
public improvements are constructed in accordance with the approved Development Plans and to
ensure restoration and revegetation of the site if the Project is abandoned; and
WHEREAS, Fraser and Developer have entered into this Agreement to satisfy such
requirement with respect to the land approval for the Project.
NOW, THEREFORE, the Parties agree as follows:
(1) Development Plans. The "Development Plans" shall mean the site plan, landscape plan,
grading, drainage, and erosion control plan, utility plan and any other related plans and
specifications and construction documents for the Development Project, as submitted to
and approved by Fraser as part of the land use approval for the Project.
(2) Secured Improvements. The "Secured Improvements" shall mean the utility installations,
lighting, landscaping, parking, snow storage areas, and other improvements for which
security is to be provided in accordance with this Agreement. The Secured
Improvements are listed, together with the estimated costs thereof, on Exhibit A attached
hereto. Such costs must be certified by a licensed Colorado Professional Engineer prior to
approval of this Agreement by Fraser.
Rev. 2018-02 Page 2 of 7
(3) Construction, Inspections, Acceptance, and other Matters. The Developer shall cause all
public and private improvements depicted on the Development Plans, including but not
limited to the Secured Improvements, to be constructed and completed, at its expense, in
accordance with the land use approval, the Development Plans, the Town of Fraser
design and construction standards (Refer to Chapter 14 of the Fraser Municipal Code),
and any other applicable regulations of Fraser.
(a) All such public and private improvements shall be completed before all or any
portion of any lot or unit in the Project may be sold or leased and before any
approval for occupancy is issued for any building or structure within the Project.
Further, all such improvements shall be substantially completed not later than two
(2) years after the date of this Agreement, unless an extension of time is granted
by Fraser in writing for good cause, as determined by Fraser. Requests for
extension must be submitted by Developer, in writing, to Fraser at the address set
forth above.
(b) The provisions of the Fraser subdivision regulations, as contained in Chapter 19,
Article 3 of the Fraser Municipal Code, and particularly Division 4 of that Article,
as such regulations may be amended from time to time by Fraser, shall govern
with respect to the inspection and acceptance of the Secured Improvements, the
deposit, use and release of collateral securing completion of the Secured
Improvements, and all other matters relating to Developer’s obligation with
respect to the Secured Improvements that are not specifically addressed in this
Agreement. The Fraser building regulations, as contained in Chapter 18 of the
Fraser Municipal Code, as such regulations may be amended from time to time by
Fraser, shall govern with respect to the inspection and acceptance of those
improvements depicted on the Development Plans other than the Secured
Improvements.
(4) Financial Security for Performance and Payment. Prior to the issuance of the
development permit for the Project, Developer shall furnish to Fraser adequate security in
the form acceptable to Fraser, in an amount equal to one-hundred-twenty-five percent
(125%) of the total estimated costs of all the Secured Improvements to be installed plus
the estimated costs of restoring and revegetating the site if Developer abandons or fails to
complete the Project within the time provided in this Agreement. If security is provided
in the form of a cash deposit, the security shall be held by the Town in trust. If any
interest is earned on such deposit, it shall be retained by the Town to defray the cost of
administering the deposit. Developer shall maintain such security in full force and effect
during the entire period of construction of the improvements provided in the
Development Plans and the duration of the warranty period provided in Paragraph 5
hereof.
(5) Warranties of Developer. Developer warrants that the Secured Improvements will be
installed in a good and workmanlike manner and in substantial compliance with the
Rev. 2018-02 Page 3 of 7
Development Plans and requirements of this Agreement and shall be substantially free of
defects in materials and workmanship. These warranties of Developer, and the security
provided for the Secured Improvements shall remain in force and effect as to any
completed Secured Improvements until the lapse of one (1) year after preliminary
acceptance of the Secured Improvements, and until final acceptance of such
Improvements as provided in the Fraser subdivision regulations. To the extent the
Secured Improvements include required landscaping, the Developer shall maintain such
landscaping during the one-year warranty period, and the provisions of this Section 5 and
the subdivision regulations shall apply with respect to maintaining security for such
landscaping improvements during the warranty period.
(6) Default and Remedies. Time is of the essence hereof with respect to the performance of
Developer’s obligations provided in this Agreement. If Developer defaults in the
performance of any such obligations in the time and manner provided herein, and if such
default is not cured within thirty (30) days after written notice of the default is given by
Fraser to Developer, then Fraser shall have the following remedies:
(a) If the default relates to construction of Secured Improvements, the Fraser Town
Manager may stop work on any improvements until a schedule and agreement on
compliance for construction has been reached; Fraser may, but shall not be
required to, have the Secured Improvements constructed, completed or corrected
by such means and in such manner as Fraser shall determine, with or without
public bidding; and Fraser shall have the right to use the financial security
provided pursuant to this Agreement to pay for the construction, completion or
correction of such Secured Improvements.
(b) If the default consists of Developer’s failure to complete all public and private
improvements within the time provided in this Agreement and any extensions
granted by Fraser, then Fraser may revoke the land use approval for the Project;
and Fraser may proceed with restoring and revegetating the site, which may
include removal of any uncompleted improvements, using the financial security
provided pursuant to this Agreement to pay for the costs thereof.
(c) All costs and expenses incurred by Fraser as a result of such default and the
exercise of the remedies provided herein, including reasonable attorney fees, shall
be chargeable to Developer and shall be paid from the financial security provided
pursuant to this Agreement. If the amount of such security is less than the costs
and expenses incurred, the parties agree Fraser shall have the right, without
obligation from the Developer, upon Developer’s failure to timely reimburse
Fraser for such additional costs and expenses to certify the same to the County
Treasurer as a lien on the property for collection in the same manner as ad
valorem taxes. If the amount of such security exceeds the costs and expenses
incurred, Fraser shall release any excess upon final accounting for such costs. If
Rev. 2018-02 Page 4 of 7
the security is insufficient to fully pay such costs, the Developer shall, upon
demand, pay such deficiency to Fraser.
The remedies provided above are cumulative in nature and nonexclusive. Fraser may
pursue any other remedies it may have under Colorado law, including, without limitation,
the right to bring suit against the Developer for injunctive relief, for specific performance
of this Agreement, or to recover damages for the breach of this Agreement.
(7) Additional Provisions.
(a) Applicable Law. This Agreement, and the terms, conditions and covenants herein
contained, shall be deemed to complement and shall be in addition to the
conditions and requirements of the Fraser Municipal Code and other applicable
laws, rules and regulations.
(b) Severability. If any part, term, or provision of this Agreement is held by any
court of competent jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining portions or provisions shall not be
affected, and the rights and obligations of the Parties shall be construed and
enforced as if the Agreement did not contain the particular part, term or provision
held to be invalid.
(c) Complete Agreement. This instrument embodies the whole agreement of the
Parties. There are no promises, terms, conditions, or obligations other than those
contained herein except that Developer shall be bound by, and comply with, all
conditions and obligations, provided in applicable Fraser ordinances and
regulations, as amended from time to time by Fraser. This Agreement shall
supersede all previous communications, representations, or agreements, either
verbal or written, between the Parties. There shall be no modification of the
Agreement except in writing, executed with the same formalities as this
instrument.
(d) No Waiver. No waiver of any of the provisions of this Agreement shall be valid
or binding unless in writing, signed by the party whose rights are waived, nor
shall such waiver constitute a continuing waiver unless otherwise expressly
provided, nor shall the waiver of any default hereunder be deemed a waiver of
any subsequent default hereunder.
(e) Consent to Jurisdiction and Venue. Jurisdiction and venue for any civil action
commenced by either party to this Agreement with respect to this Agreement or
any security provided pursuant to this Agreement shall be proper only if such
action is commenced in the District Court for Grand County, Colorado.
Developer expressly waives the right to bring such action in or to remove such
action to any other court, whether state or federal.
Rev. 2018-02 Page 5 of 7
(f) No Third Party Beneficiaries. Except as herein provided, no person or entity,
other than a party to this Agreement, shall have any right of action under this
Agreement including, but not limited to, lenders, lot or home buyers and
materialmen, laborers or others providing work, services, or materials for the
improvements.
(g) Recording. This Agreement shall be recorded in the Grand County Clerk and
Recorder’s Office and shall be deemed to run with the land (being the described
Project), and the provisions hereof shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as
of the day and year first above written.
FRASER
TOWN OF FRASER, a municipal
corporation of the State of Colorado
BY:___________________________
Mayor
ATTEST:
______________________________
Town Clerk
(SEAL)
DEVELOPER
BY: _______________________________
Title:______________________________
STATE OF COLORADO )
) SS
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this ____ day of
________________, 20__, by ________________, as Mayor, and __________________, as
Town Clerk, of the Town of Fraser, Colorado, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My Commission expires:
_____________________________
( S E A L ) Notary Public
Rev. 2018-02 Page 6 of 7
STATE OF ___________________ )
) SS
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this ____ day of
________________, 2023, by _________________________, as __________________, of
________________________, Developer.
Witness my hand and official seal.
My commission expires:
___________________________________
( S E A L ) Notary Public
Rev. 2018-02 Page 7 of 7
Exhibit A
Secured Improvements
Improvement Estimated Cost
1. __________________ $_____________________
2. __________________ $_____________________
3. __________________ $_____________________
4. __________________ $_____________________