Tuesday, July 23, 2013



                          ORDINANCE 201 AMENDED

 

 

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF SILVER PLUME, COLORADO: PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 31, CHAPTER 23 OF       THE REVISED STATUTES AND AMENDMENTS THERETO.

 

 

 

Preamble:

 

WHEREAS, Title 31, Article 23 of the Colorado Revised Statutes and amendments thereto empowers the Town to amend, supplement, change, modify or repeal its comprehensive zoning ordinance; and

 

WHEREAS, the Board of Trustees of the Town deems it necessary to amend the existing zoning ordinance in order to further promote the public health, safety, morals or general welfare of the Town; and

 

WHEREAS. the Board of Trustees of the Town has given due public notice of the hearing relating to the amendments of the existing comprehensive zoning ordinance; and

 

WHEREAS, all the requirements of Title 31, Article 23, of the Colorado Revised Statutes and amendments thereto with regard to the amendments of the existing comprehensive zoning ordinance have been met.

 

NOW, THEREFORE be it ordained by the Board of Trustees of the Town of Silver Plume, Colorado:

 

SECTION 1.  PURPOSE:  For the purpose of promoting the public health, safety, morals or general welfare of the community, the Board of Trustees of the Town of Silver Plume, Colorado, deems it necessary to amend its existing comprehensive zoning ordinance to lessen congestion in the streets, to secure safety from fire, flood waters, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements and to promote and preserve the historical and architectural integrity and the rural mining district character and environment of the community.

 

SECTION 2.  GENERAL:  The provisions of this ordinance shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any parts thereof, not specifically repealed, amended, modified, altered or changed therein, except in such particulars or manners as this ordinance is more restrictive than such other ordinances or parts thereof, and in all particulars wherein this ordinance is not more restrictive, such other ordinance shall continue and shall be in ORDINANCE 201 AMENDED

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full force and effect.


 

SECTION 3.  DEFINITIONS:  For the purposes of this ordinance, the following definitions shall be applicable:

 

A.  Person shall mean any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind.

 

B.  Construction, to construct or construct shall mean the construction, moving, demolition, alteration or remodeling of the exterior of any structure.  Major construction shall mean any or all changes in the framing or foundation of the structure.  Minor construction shall mean any construction that does not change the framing or foundation of the structure.

 

C.  Gross floor area (gfa) shall mean the total area in square feet of all floors of a building measured from exterior walls.

 

D.  Accessory building or use shall mean the use of land or a subordinate building or portion of a main building, such use or building being secondary to or incidental to the principle use or structure.

 

E.  Parking space shall mean an off street parking location(s) which shall be at least twenty (20) feet in length and eight(8) feet in width.  If parking space is covered, there shall be provided at least seven (7) feet in height.

 

F.  Flood plain shall mean a relatively flat or low land area adjoining a river, stream watercourse, lake or other body of standing water, which has been or may be covered temporarily by flood waters.  The flood plain for the Town of Silver Plume is defined as that area which has been identified as a special flood hazard by the Department of Housing and Urban Development, Federal Insurance Administration.  A copy of the flood hazard boundary map, dated effective December 13, 1974, is on file in the Town Clerk's office.

 

G.  Family shall mean any individual, two or more persons related by blood or marriage, or a group of not more than five (5) unrelated persons living together in a dwelling unit and maintaining a common household.

 

H.  Hotel shall mean a building containing sleeping rooms designed to be rented for short term occupancy, which building may or may not provide eating facilities and alcoholic beverages for sale as an accessory use.

 

I.  Motel shall mean a building or group of buildings containing individual rooms for sleeping or living, designed and used for temporary rental occupancy and with automobile parking space adjacent or near each rental unit.

 


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J.  Sign shall mean any structure, poster, banner, insignia, billboard, trademark or other device used to indicate directions, advertise, announce or attract attention, except that flags and banners of any county, state, city or non-profit organization shall not be included.

 

K.  Motor vehicle shall mean every vehicle which is self propelled; and every vehicle which is not driven or propelled by its own power, but which is designed either to and become a part of, or to be drawn by a self-propelled vehicle.

 

L.  Unit shall mean a dwelling intended for the use of a single family.

 

SECTION 4  DISTRICTS:  For the purpose of carrying out the provisions of this

ordinance the incorporated area of the Town of Silver Plume, Colorado is divided into the following districts

A.  Residential, which shall be designated as R districts.

 

B.  Business and Commercial, which shall be designated as B districts.

 

C.  Mining, which shall be designated as M districts.

 

D.  Planned Development, which shall be designated as PD districts and which shall be created as provided in Section 13.

 

SECTION 5.  PERMITTED USES, OFF STREET PARKING REQUIREMENTS AND SPECIAL REVIEW USES:

 

A.  The following uses and no other shall be permitted in any R districts:

 

1.  Single or multiple family dwellings intended to provide shelter for two (2) families and which produce a density of less than nine (9) units per acre, and buildings accessory thereto but excluding tents, trailer coaches, mobile homes and any and all buildings constructed either on the premises intended for their use or elsewhere, or which have been or may be transported or moved either as a single unit or in sections along the public highways than one such structure thereon, such excluded use shall not be continued for more than six (6) months, and shall be preceded by a letter to the Zoning Board informing them of the intended use and the starting date.

 

(a)  The minimum usable floor space of any residential living unit shall be at least 500 square feet.

 

(b)  Within any R district sanitary sewer facilities shall be provided within each residential living unit.

 

2.  Church, school, college, university, public library, community center, fire station,

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township hall, public-owned parks, public-owned playgrounds and United States Post Office.


 

3.  Home Occupation.  For the purpose of this ordinance, home occupation shall mean an occupation or profession which meets all of the following requirements:

 

(a)  The home occupation use is clearly incidental and secondary to the use of the property for dwelling purposes and is carried on only by the inhabitants of the dwelling.

 

(b)  No stock in trade is kept or commodities sold except such as are made on the premises.

 

(c)  The use does not require external alteration or involve construction features not customary in a dwelling.

 

(d)  The use does not change the character of the dwelling or adversely affect the uses permitted in a residential district, except that a sign may be constructed and erected for home occupation as authorized in Section 9 of this ordinance.

 

(e)  The home occupation use creates no additional traffic and requires no additional parking space.

 

Examples of home occupations which might meet the above requirements include:

 

a)  Artist's or craftsman's studios.

 

(b)  Dressmaking

 

(c)  Professional office accountant, architect, dentist, engineer, attorney, or physician within a dwelling occupied by the person carrying on such a profession.

 

(d)  Musical instruction limited to one instructor and no more than three (3) pupils at any one time.

 

(e)  Designer, contractors without equipment yards

 

(f)  Similar uses.

 

Examples of home occupations which may not meet the above requirements include:

 

(a)  Barber shop and beauty parlors.

(b)  Commercial stables and kennels.

(c)  Real estate offices and insurance agencies or offices


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                        (d)  Restaurants or establishments selling alcoholic beverages.

                        (e)  Massage parlors.

                        (f)  Nursing homes.

                        (g)  Tourist boarding homes.

                        (h)  Other similar establishments offering services to the general public.

 

4.  Off street parking requirements for R district uses:

 

LAND USE                                        NUMBER OF REQUIRED PARKING SPACES

   

Single or two-family                              Two per dwelling unit

dwellings                                             

 

Church                                                 One per five seats

 

School                                                 

1.  Elementary                          One for each faculty and staff

2.  Junior High                          One for each faculty and staff

3.  Senior High                         One for each faculty and staff plus one for each five class seats

 

Colleges/University                               One for each faculty and staff plus one for each two class seats

 

Public Library                                       One for each 300 square feet of gross floor area

 

Community Center                                5.5 for each 1,000 square feet of gross floor area

 

Fire Station                                           One for each full-time fireman

 

Township Hall                                      One for each 1,000 square feet of gross floor area

 

Parks/Playgrounds                                One for each 1,000 square feet of recreational area

 

United States Post Office                      One for each 125 square feet of gross floor area


 

B.  The following uses and no others shall be permitted in any B district:

 

1.  Any use permitted in any R district.

 

            2.  Public buildings.

 

3.  Retail sales and service establishments to include but not limited to barber shops, beauty ORDINANCE 201 AMENDED

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parlors, art and craft galleries, financial offices, commercial banks, building and loan associations, real estate and insurance offices, administrative, executive and editorial offices, funeral homes and mortuaries, general business and professional offices and repair shops excluding those listed as special review use.

 

4.  Off street Parking Requirements:  All commercial uses in any B district shall provide minimum off street parking equal to 2.5 spaces for each 1000 square feet of gross floor area.

 

C.  Special Review Uses:

 

Due to the topographic and geographic features surrounding the Town of Silver Plume, Colorado, which result in severe limitation of space available for development and use, the Board of Trustees finds that the public health, safety, morals or general welfare of the residents of the Town of Silver Plume require that special consideration be given to certain uses of property which, if allowed to develop without special consideration, may result in the overburdening of existing and probable future municipal services, in undue concentration and of population and overcrowding, in severe traffic congestion, in reasonable interference with the beneficial use and enjoyment of neighboring property, or in conditions otherwise injurious to the public health, safety, morals or general welfare of the residents of the Town of Silver Plume, Colorado.  Such uses requiring special consideration are hereby deemed to be special review uses.  Therefore, within the corporate limits of the Town of Silver Plume, Colorado, The Board of Trustees has determined that certain uses shall be deemed to be special review uses and classified as such.

 

1.  R District Special Review Uses:  The following land uses shall be considered special review uses for any R district:

 

(a)  Multiple family dwelling units intended to provide shelter for more than two (2) families or producing a density of more than nine (9) units per acre.

 

(b)  Multi-unit structures for lodging or dwelling to include condominiums, resort lodges and similar uses.

 

            (c)  Tourist boarding or rooming houses or homes.


 

The foregoing uses are the only special review uses which shall be considered as special review uses in any R district.

 

2.  B District Special Review Uses:  The following land uses shall be considered special review uses in any B district:

 

(a)  All special review uses for any R district.

 

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                        (b)  Retail sales and service establishments including:

i)  Motor vehicle service stations and motor vehicle parts and repair establishments.

ii)  Commercial recreation facilities.

iii)  Commercial museums.

iv)  Retail outlets intended primarily for the sales of curios, gifts, souvenirs, film and other similar products.

v)  Restaurants to include chain or franchise fast food outlets.

vi)  Hotels.

vii)  Motels.

viii)  Mining, milling or other industrial enterprises.

 

3.  Special review uses shall be permitted only upon proper application notice and public hearing in accordance with the provisions of Section 11 B 2 of this ordinance.

 

D.  The following uses and no others shall be permitted in M districts:

 

1.  Any use required for the mining, prospecting, exploring, milling and/or placering of mineral resources upon property defined by a patented mining claim or mill site, or identified by a valid location certificate recorded in the County Clerk and Recorder's Office, as represented by location Maps filed with the Bureau of Land Management of the United States Department of the Interior.

 

2.  Any such use which is not more detrimental to the highest and best use of the land in the district than are the uses herein before enumerated, as determined by the Board of Adjustments and Appeals.

 

Mining Area Regulations:

 

1.  No use causing objectionable noise, odor or dust shall be permitted within five hundred (500) feet of any residential structure, existing in compliance with this and all other ordinances of the


Town of Silver Plume.  This distance shall be computed by a direct measurement from the nearest

source of objectionable noise, odor or dust caused by mining use to the nearest portion of the building in which residence is located.

 

2.  No motor vehicle with a gross vehicle weight of greater than 15000 pounds, engaged in hauling materials to or from an accepted use in M districts may make use of the streets of the Town of Silver Plume unless the owner or representative of the owner of the property on which said use is located has made application to the Board of Trustees of the Town and has been granted a permit specifically for said hauling, subject to such conditions as the Board deems necessary for the preservation of the safety, health and welfare of the residents and property owners.

 

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SECTION 6.  PROHIBITED USES:  The following uses, listed by example, and other similar uses, are hereby deemed to constitute a public nuisance and shall not be permitted in any R, B or M districts:

 

A.  Amusement park.

B.  Aviation field.

C.  Brewery.

D.  Metal powder works.

E.  Bulk petroleum station.

F.  Chemical plant.

G.  Crematory

H.  Facilities for the distilling of bones, fat or glue or gelatine manufacturing.

I.  Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, except such as is a result of a permitted use of the premises.  Nothing in this Subsection 1 shall be deemed to prohibit dumping or waste disposal to a site provided by the Board of Trustees.

J.  Commercial and/or private junkyards, automobile graveyards, or places for the collection of scrap metal, paper, rags, grass or other materials for salvage or storage purposes.

K.  Outdoor theaters.

L.  Slaughter houses.

M.  Commercial parking lots.

N.  Outside storage yards.

 

SECTION 7.  NON-CONFORMING USES:

 

A.  A non-conforming use, including the use of signs, existing at the time of this ordinance, any amendment or supplement thereto takes effect, may be continued, provided that such non-conforming use is not expanded or enlarged in any way, except that if it is voluntarily discontinued for one year or more, it shall be deemed abandoned and any further use must be in accordance and conformity with the uses permitted by this ordinance.

 

B.  Any building or structure, including signs, existing as a non-conforming use at the time this

ordinance takes effect, which is destroyed by fire or other catastrophe may be re-constructed and

restored providing the same is completed within two (2) years from the date of destruction.

 

C.  A non-conforming use at the time this ordinance takes effect may not be enlarged or expanded.

 

D.  Whenever a non-conforming use, including the use of signs, has been changed to a more restrictive use or to a permitted use, such non-conforming uses shall not hereafter be changed to less restrictive or non-conforming use.

 

 

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SECTION 8.  SIGNS:

 


A.  R District:  No advertising sign of any character shall be permitted in any R district except a temporary sign pertaining to the lease, sale, construction or improvement of a lot or structure on which such sign shall be placed or may be erected.  Such sign shall not exceed a total area of twelve (12) square feet in total area.  Any person conducting a home occupation as authorized by this ordinance shall be permitted to attach flat against the dwelling wherein such home occupation is being conducted, containing the name and occupation only.

 

B.  B District:  No sign of any character, visible from the exterior, shall be permitted on the premises of any lot in the B district except that such sign advertising the trade or business of the occupant, provided that such sign shall not exceed twenty (20) square feet in total area, shall not exceed the height of the building or twenty-eight (28) feet from the ground, whichever is less, and provided further, that only direct lighting is used to illuminate the advertising sign.

 

C.  Flashing, rotating, turning or self-illuminating signs shall not be used within any zoning district within the Town of Silver Plume, Colorado.

 

SECTION 9. HEIGHT, SETBACK AND MAXIMUM LOT COVERAGE REQUIREMENTS:

 

A.  Height:  No part of any building or structure in an R district, including additions and accessory buildings, except church towers, flagpoles, antennae, chimney, flues or vents or similar accessory structures, shall shade any portion of the roof structure of any neighboring building or structure between two hours after sunrise and two hours before sunset on the longest day of the year.  No building in the R district shall exceed twenty-eight (28) feet in height above the average elevation of the ground line at the outside perimeter of the building.  No building in the B district shall exceed thirty-five (35) feet in height above the average elevation of the ground line at the front of the building.

 

B.  Setback:

 

1.      R District:

            (a)  Front setback:  Setbacks shall be no closer than the average for houses on the

block where the structure is to be built.  If there is no other structure on the block then setbacks shall

not be less than twenty (20) feet.

 

(b)  Rear setback:  All structures shall not be less than five (5) feet from the rear property line.

 

(c)  Side setback:  All structures shall be set in a distance of not less than ten (10) feet from the sidelines or line of the lot, except that detached accessory structures on the rear one-third of the lot need not be set in from the sidelines or line, provided that access for fire protection is not ORDINANCE 201 AMENDED

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inhibited.

 

2.  B District:


 

(a)  Front setback:  No part of any structure shall project beyond the lot lines or line.

 

(b)  Rear setback:  If an alley abuts the rear line of the lot all structures shall be set in a distance of not less than five (5) feet from the rear line or lines of the lot;  if no alley abuts the rear line of the lot the structure shall be set in a distance of not less than ten(10) feet from the rear lot line or lines.

 

(c)  Side setback:  If a street or alley abuts the sidelines or lines of the lot the structure need not be set in from the sidelines or line; If no street or alley abuts the sideline or lines of the lot all structures shall be set in a distance of not less than five (5) feet from the sidelines or line of the lot.

 

C.  Maximum Lot Coverage:

 

1.  No structure or combination of structures within any R district shall occupy an area greater than 1500 square feet or 30% of the total lot area upon which it exists, whichever is greater, except that uncovered porches, patios, paths and similar exterior ground floor level improvements shall not be included in the calculation of total lot coverage.

 

2.  No structure or combination of structures within any B district shall occupy an area greater than 55% of the total area of the lot upon which it exists.

 

3.  The owner of two or more contiguous lots may construct structures on one or more of such lots which structures occupy an area not greater than the combined number of square feet permitted on each of the separate lots determined by applying percentages of maximum lot coverage for each individual lot, provided however:

 

(a)  that such owner applies for and is granted a variance pursuant to the provisions of Section 11 B 3 hereof, and

 

(b)  that such owner specifically agrees in writing that he will not construct any structure on any portion of the lot or lots, the lot coverage percentage of which was used to determine the number of square feet permitted to be covered on the lot or lots from which the variance was granted.

 

(c)  Such agreement shall be deemed to be a covenant running with the land and the Town Clerk shall cause to be recorded in the County Clerk and Recorder's Office in Clear Creek County an original or certified copy of the agreement and the maximum coverage is applicable by

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reason of the granting of a variance.

 

SECTION 10.  ADMINISTRATION AND ENFORCEMENT:  Building Permits:

 

A.  There is hereby established a Town Zoning Board to consist of five (5) members.  Four (4) members shall be selected by the Board of Trustees with overlapping terms of three (3) years.  The fifth member of the Zoning Board shall be the Town Building Inspector who shall be appointed by the Board of Trustees.


 

B.  The Zoning Board shall administer and enforce this ordinance.

 

1.  The Zoning Board may be provided with assistance of such other persons as the Board of Trustees, by resolution may direct.

 

2.  If the Zoning Board shall determine or find that any of the provisions of this ordinance are being violated, it shall notify in writing the person or persons responsible for such violation.  The written notice of the violation shall indicate the nature of the violation and shall order the action necessary to abate or correct the violation.  The Zoning Board shall order the discontinuance of illegal construction being done, or shall take any other action authorized by this ordinance to insure compliance with or to prevent the Town from instituting, and the Town shall have the authority to institute, any other appropriate action proceeding to prevent or remedy any violation, including but not limited to, seeking an injunction or other judicial relief.

 

C.  Building Permit Required.  No structure shall be constructed without a building permit therefore issued by the Zoning Board and no building permit shall be issued except in conformity with the provisions of this ordinance.

 

D.  Application for Building Permit for Major Construction.  Except for the application relating to a special review use, any person desiring to construct any structure shall file with Town Clerk duplicate applications for a building permit which shall be accompanied by duplicate plans of the construction project.

 

1.  The duplicate applications shall each include a written statement to the following:

                        (a)  The architectural type, arrangement, texture and material to be used on the

existing and/or proposed structure.

 

(b)  The use the applicant intends to make of any existing and proposed structures and the lot(s) upon which they are to be located.

 

2.  The duplicate plans shall show the following:

 

(a)  The exact size and location of the proposed construction.

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(b)     The actual size, dimensions and shape of the lot or lots affected by the proposed construction project.

 


            3.  The applicant for a building permit shall furnish to the Zoning Board such other information as may be required by the Zoning Board to determine whether the proposed project conforms with requirements of this ordinance.  The duplicate applications shall be accompanied by a non-refundable fee of $ 3.00 for minor construction and $ 10.00 for major construction.  The Zoning Board may waive any submittal requirements it deems unnecessary for the proper consideration of the application.

 

E.  Application for a Building Permit for Minor Construction.  Except for the application relating to special review use, any person desiring to construct any structure shall file with the Town Clerk duplicate applications for a building permit which shall be accompanied by plans of the construction project:

 

1.  The duplicate applications shall each include a written statement to the following:

 

(a)  The architectural type, arrangement, texture and materials to be used on the existing and/or proposed structure.

 

(b)  The use the applicant intends to make of any existing and proposed structures and the lot(s) upon which they are to be located.

 

2.  The duplicate plans shall show the exact size and location of the proposed construction.

 

F.  In determining whether a building permit should be issued to the applicant therefore, the Zoning Board shall consider the following factors:

 

1.  Whether the proposed construction project and the use thereof conforms to the requirements of the Master Plan, as adopted, and to the requirements of this ordinance.

 

2.  Whether the proposed construction conforms to the requirements of the Historic Preservation Guidelines as adopted by the Board of Trustees.

 

3.  The relation of the architectural style, arrangement, texture and materials of the proposed project to other structures within the immediate neighborhood.

 

4.  The effect of the proposed project in changing, destroying or otherwise affecting the exterior architectural feature of any existing structures upon which work is to be done.

 

5.  The effect of the proposed project on the protection and enhancement of the rural mining district character and environment of the Town.

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6.  The conditions of existing structures and improvements and whether or not they are a hazard to the public health and safety.

 

G.  If the Zoning Board determines that the proposed construction project is compatible and harmonious with the provisions of the Master Plan and this ordinance and will not detract from the general historical and architectural character of neighboring areas, it shall approve the application.

 


H.     The Zoning Board shall, within thirty (30) days of the filing of the application, meet to discuss the application and shall render its decision within five (5) days following that meeting as to whether the application is approved, denied or conditionally approved and such decision shall state specifically the grounds of approval, denial or conditional approval.

 

1.  One copy of the written decision of the Zoning Board, attested to by the signature of the Building Inspector shall be forwarded to the applicant within five (5) days following the decision of the Zoning Board.  The original decision and one copy thereof shall be retained by the Zoning Board.

 

2.  Within the above specified forty (40) days, the Zoning Board shall also return to the applicant one copy of the plans submitted pursuant to Section 10,D, with a notation thereon, attested to by the signature of the Building Inspector as to whether the application was approved, denied or conditionally approved.

 

3.  If the application was denied or conditionally approved the applicant may appeal the decision of the Zoning Board to the Board of Adjustments and Appeals pursuant to Section 11,B,1 of this ordinance.  If the applicant elects to accept any conditions of approval of the Zoning Board he must do so in writing, within thirty (30) days of the conditional approval.  If the applicant accepts the conditions of approval, the Building Inspector shall thereupon issue a Town permit to the applicant.

 

4.  If the application was approved the Zoning Board shall forward a Town Building Permit to the applicant therefor.

 

I.  Nothing in this Section shall be construed to prevent ordinary maintenance and repair of any existing structures.

 

J.  Construction to be in compliance with building permits and applications therefor:  Building permits issued on the basis of the plans and the application approved by the Zoning Board authorizes only the construction set forth in such approved plans and application and no other construction shall be authorized or permitted.

 

K.  Application for a building permit relating to a special review use shall be filed with the Board of Adjustments and Appeals pursuant to Section 11,B,2, hereof.

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SECTION 11.  BOARD OF ADJUSTMENTS AND APPEALS

 

A.  There is hereby established a Board of Adjustments and Appeals to consist of five (5) members to be appointed by the Board of Trustees for overlapping terms of three (3) years.

 

B.  Powers and duties:  The Board of Adjustments and Appeals shall have the following powers and duties:

 


1.      Administrative Review:  To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Board in the enforcement of this ordinance.  Such administrative review shall be held in conformity with the following procedure:

 

(a)  Appeals to the Board of Adjustments and Appeals concerning any action of the Zoning Board may be taken by any person aggrieved by such action.  Such appeals shall be taken within thirty (30) days of the final action of the Zoning Board by filing with the Zoning Board and with the Board of Adjustments and Appeals a notice of appeal specifying the grounds therefor.  The Zoning Board shall forthwith transmit to the Board of Adjustments and Appeals all paper constituting the record upon which the action appealed from is taken.

 

(b)  The Board shall fix a reasonable time for the hearing of the appeal, not to exceed a period of thirty (30) days after the filing of the notice of appeal.  The Board shall issue its written decision within five days of the hearing.

 

(c)  At the hearing, the party aggrieved and any other interested person may appear in person or by agent or attorney and present testimony and evidence relevant to the appeal.

 

(d)  Public notice of the hearing shall be given by posting not later than ten (10) days prior to the hearing notice on the Town Hall and a sign on the subject property.  The notice shall specify the time, date and place of the public hearing, and a general description of the nature of the relief sought.  The signed notice and the same shall be clearly visible from an adjoining roadway.

 

(e)  An appeal stays all proceedings and furtherance of the action appealed from, unless the Zoning Board from which the appeal is taken certifies to the Board of Adjustments and

                       

Appeals, after the notice of appeal is filed with the Zoning Board, that by reason of the matter stated in the certificate, a stay would in the opinion of the Zoning Board cause eminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustments and Appeals or by the District Court upon application of notice to the Zoning Board from which the appeal is taken and on due cause shown.

 

2.  Special Review Uses:  Any person seeking to implement a special review use pursuant ORDINANCE 201 AMENDED

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to paragraph 5C of this ordinance shall comply with the following procedure:

 

(a)  Formal Application:  An application for approval of a special review use shall be filed with the Board of Adjustments and Appeals by the person seeking such special review use.

 

(b)  The application shall be in sufficient detail to enable the Board of Adjustments and Appeals to evaluate the land use planning and other features of the special review use and must include, at the minimum, the following information:

 

(i)  The site location, including property boundaries.

 


 

(ii)  Number of dwelling units to be constructed, if any, together with a statement concerning the number of dwelling units per acre.

 

(iii)  Designations of the area to be occupied by the structure.

 

(iv)  Designations of the area to be developed from those to remain natural or open.

 

(v)  Points of access to public streets.

 

(vi)  Topographic and geographic characteristics of the site.

 

(vii)  Location of off-street parking.

 

(viii)  Anticipated maximum traffic load estimated in cars per day.

 

(c)  The application shall include or be accompanied by a written statement which shall contain, at the minimum the following information:

 

(i)  A detailed explanation of the purpose for which the land will be used, including the type of dwelling unit, if any to be developed.

 

(ii)The architectural style, arrangement and texture to be used on existing and

 

proposed structures and a detailed description of the materials to be used in the construction or implementation of the special review use.

 

(iii)  A development schedule indicating the approximate date when construction of the proposed special review use can be expected to begin and to be completed.

 

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(iv)  The approximate acreage or square footage of each use, including parking and recreation area.

 

(v)  Parking ratios expressed in spaces per individual unit and in spaces per square feet of gross floor area.

 

(vi)  The proportion of land to be left in a natural or open condition stated in terms of square feet as well as a ration of open space to the area to be occupied by buildings and parking space; such ratio to be expressed in square feet.

 

(vii)  Anticipated effects upon municipal services including, but not limited to the effects on municipal water and sewer systems, schools, snow removal, fire protection and upon the traffic capacity of existing and proposed roadways.


 

(d)  Special review use hearing procedure:

 

(i)  The Board of Adjustments and Appeals shall fix a reasonable time for public hearing to be held on any application for a special review use, not to exceed a period of thirty (30) days after the application for the special review use was filed with the Board of Adjustments and Appeals.  The Board shall issue its written decision with respect to the application for special review use within five (5) days of the public hearing.

 

(ii)  Public notice of the hearing shall be given by posting not less than ten (10) days prior to the hearing a notice on the Town Hall, and a sign notice on the subject property.  The notice shall specify the time, date and place of the hearing and a general description of the nature of the special review use sought.  The sign shall be posted on the subject property in a conspicuous location clearly visible from an adjoining roadway.

 

(iii)  At the public hearing the applicant for special review use and any other interested person may appear in person or by agent or attorney and present testimony and evidence relevant to the special review use.

 

(iv)          A copy of the written decision of the Board of Adjustments and

Appeals shall be forwarded to the applicant and to the Zoning Board.  The decision will state whether the special review use has been approved, denied or conditionally approved.  The decision will include the findings of fact upon which the Board of Adjustments and Appeals based its decision.  If the special review use is denied the applicant may resubmit the application revised to meet the grounds which formed the basis of the denial of the original application.  The procedure for the reconsideration of revised application shall be the same as for the original application     

 

(v)               If a special review use application has been approved, the Zoning Board shall within ten (10) days of its receipt of the decision of the Board of Adjustments and Appeals issue to the

ORDINANCE 201 AMENDED

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applicant a building permit for special review use.

 

(e)  Criteria governing approval of special review use:  The Board of Adjustments and Appeals shall determine whether the special review use, as applied for:

 

(i)  Generally complies with and is compatible with the Master Plan of this ordinance.

 

                                    (ii)  Will have an unreasonable or intolerable impact upon the public health, safety, morals or general welfare of the residents of the Town of Silver Plume by overburdening existing and probable future municipal facilities and services, or by creating overcrowding and undue concentration of population, or by creating severe traffic congestion, or by unreasonably interfering with the beneficial use and enjoyment of the neighboring property, or by creating conditions otherwise injurious to the public health, safety, morals and general welfare of the residents of the Town of Silver Plume.


           

                                    (iii)  Will detract from the general historical and architectural characteristics of the Town of Silver Plume.

 

If the Board of Adjustments and Appeals determines that the proposed special review use complies with the requirements of the Master Plan and this ordinance, and that such use will not have an unreasonable or intolerable impact on the public health, safety, morals, or general welfare of the residents of the Town of Silver Plume, measured by the above criteria, it shall approve the application.

 

(f)  The final application for development of a special review use as approved by the Board of Adjustments and Appeals shall be binding upon the applicant, and development of the special review use shall not deviate from the plan as approved without the prior approval of the Board of Adjustments and Appeals, which shall be granted except upon application notice and public hearing as provided for in this section 11 B 2.

 

3. Variances.  Upon application of specific cases, the Board of Adjustments and Appeals may grant a variance from the requirements of this ordinance where:  there are practical difficulties or unnecessary hardship in carrying out the strict letter of this ordinance; or the variance is necessary to insure that the spirit of this ordinance is observed; or the variance is necessary to promote the

implementation of the goals and objectives of the Master Plan and the Historic Preservation Guidelines of the Town of Silver Plume.  An applicant for a variance shall:

 

(a)  File with the Board of Adjustments and Appeals a written application stating the variance sought and stating the following:

 

(i)                 That practical difficulties or unnecessary hardships exist which are peculiar to the land or

ORDINANCE 201 AMENDED

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structure involved and which are not generally applicable to other land or structures within the same zoning district.

 

(ii)  That the special conditions and circumstances do not result from the action or conduct of the applicant.

 

(iii)  That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other persons and properties within the same zoning district under this ordinance.

 

(iv)  That reasonable protections are afforded adjoining property owners.

 

(v)  That there is general compliance with the Master Plan and this ordinance.

 

(b)  The Board of Adjustments and Appeals shall hold a public hearing and give notice thereof in accordance with the provisions of Section 11 2 B (d) (i) through (v), of this ordinance.

 


 (c)  A variance may be granted by the Board of Adjustments and Appeals if it finds that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land or structure involved.

 

C.  General Provisions relating to the Board of Adjustments and Appeals.

 

1.  The concurring vote of four (4) members of the Board of Adjustments and Appeals shall be required to reverse any order, requirement, decision or determination by the Zoning Board or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or the effect any variation in the application of this ordinance.

 

2.  The Town Clerk shall act as Secretary of the Board of Adjustments and Appeals and Shall keep the minutes of all meetings thereof.  The Town Clerk shall record the vote of the members of the Board on each question voted upon and shall keep a record of attendance of Board members at all meetings of the Board of Adjustments and Appeals.

 

3.  On appeals from the determination of the Zoning Board, the Board of Adjustments and Appeals shall have the powers of the Zoning Board.  In exercising such powers, so long as such action is in conformity with the terms of this ordinance, the Board of Adjustments and Appeals may reverse, affirm, wholly or in part, modify the order, requirement, decision or determination as ought to be made.

 

 

 

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SECTION 12. SPECIAL PROVISIONS CONCERNING STREAM MARGIN MANAGEMENT DISTRICTS:

 

A.  Purpose and Establishment:  To promote the public health, safety and general welfare of the Town; to minimize flood loss in areas subject to flood hazards; to promote the orderly development of the flood plain of Clear Creek and to prevent the impediment of the natural flow of water therein, there is hereby established a Stream Margin Management District which shall include all land and air space within fifty (50) feet, measured horizontally from the high water line of Clear Creek.  All construction, grading, filling or excavation projects within the boundaries of the Stream Margin Management District shall be conducted only in accordance with the provision of this Section 12 B.  Any person desiring to engage in construction, grading filling or excavation projects within the Stream Margin Management District shall apply to the Zoning Board for a building permit for the proposed project.  The application shall be in the form of a development plan, drawn to scale, which shall, at the minimum, show the following:

 

1.  The intended use of the property.

 

2.  The boundaries of the property for which the building permit is requested.

 

3.  Existing and proposed structures and improvements.

 

4.  Construction procedures and materials to be used.


 

5.  Existing trees, shrubs and other natural foliage.

 

6.  A two (2) foot contour map for major site alterations.

 

B.  If the proposed use of the property does not constitute a special review use pursuant to Paragraph 5 C of this ordinance, the Zoning Board shall notify the applicant of its decision as to the approval or disapproval of the development plan within forty (40) days of the date the development plan is filed.  If the development plan is approved, the Zoning Board shall issue a building permit therefore.

 

1.  In determining whether to approve or disapprove a development plan, the Zoning Board shall determine whether the plan complies with the purposes of this section to specifically include the consideration of the following:

 

(a)  Whether trails can be provided along Clear Creek or access as an element of

                       

adopted open space plan.

 

(b)  Whether the buildings and other structures are located so as not to be subject to flooding.

ORDINANCE 201 AMENDED

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                        (c)  Whether existing trails can be connected.

 

(d)  Whether vegetation will have to be removed or whether any slope or grade changes will increase erosion of the stream bank or area adjacent to the creek.

 

(f)  Whether additional pollution of Clear Creek will occur.

 

(g)  Whether the completion of the development plan will interfere with natural changes in the stream.

 

(h)  Whether access to public land along Clear Creek can be provided.

 

2.  In addition to the foregoing, the Zoning Board shall also determine whether the development plan conforms to the other requirements of this ordinance for the issuance of a building permit to specifically include those considerations set forth in Section 10 E hereof.

 

C.  If the proposed use of the property within the Stream Margin Management District constitutes a special review use under paragraph 5 C of this ordinance, The Zoning Board shall refer the application and development plan to the Board of Adjustments and Appeals which shall hold a public hearing on the application and issue its decisions thereon pursuant to the provisions of Section 11 B 2 thereof.

 


1.      In determining whether to approve or disapprove the development plan the Board of Adjustments and Appeals shall consider the factors enumerated in Section 10 C 1 and the factors relating

 

to a special review sue as the same are set forth in Section 11 B 2 hereof.

 

2.  The Board of Adjustments and Appeals shall not approve a development plan unless it specifically finds that such development plan conforms to the requirements of this ordinance and the Master Plan.

 

SECTION 13.  PLANNED DEVELOPMENT DISTRICT:

 

A.  Purpose:  There is hereby established a Planned Development District for the purpose of providing a means for development of tracts and sites within the Town of Silver Plume with a mixture of densities and uses and utilizing concepts consistent with the purpose of this ordinance.

 

B.  Permitted Uses:  Planned Development Districts may include residential,  commercial,  or public uses as single uses or in combination.  Each such Planned Development District shall be under united control whether by single ownership or other similar ownership.

 

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C.  Height:  Setback and maximum Lot Coverage Requirements: Height,  setback and maximum lot coverage requirements shall be considered for the overall tract or site with regard to those limitations and requirements established for similar uses in R and B zone district and with regard to compatibility with surrounding development.  Varied requirements for height,  setback and maximum lot coverage may be established by the Board of Trustees.

 

D.  Application for Designation of Planned Development District:

 

1.  The application for PD designation shall be filed with the town clerk and shall include the following submittal by the applicant:

a)  Three copies,  including one reproducible copy which shall become a part of the final plan,  of a 24" x 36" site plan-survey of the area proposed to be designated PD consisting of a survey of the area proposed for such designation and showing the location of all existing and proposed improvements including structures,  roads,  off street parking areas,  access points to public streets,  fences,  drainage improvements,  landscaping and other similar significant natural and manmade features.  The site plan-survey shall indicate any portion of the area proposed for re zoning to PD which lies within the boundary of the one hundred year flood plain as identified in the AFlood Insurance Study@ as adopted by the Board of Trustees of the Town of Silver Plume.  The reproducible copy of the site plan survey shall include signature block for the Mayor of the Town of Silver Plume.

 

b) The Zoning Commission and /or the Board of Trustees may require an overlay of topographical information on the site plan-survey.

 

c) Three copies, including one reproducible copy which shall become part of the final plan, of elevation drawings of any proposed new structures, drawn to scale.                                

 


d) A written statement providing at a minimum the following information:

i)  A detailed explanation of the types of uses proposed in the area to be designated PD and the areas where those uses will be located. 

 

ii)  The proposed texture and materials to be used in existing and new structures.

 

iii)  A development schedule indicating approximate dates when construction of proposed improvements will begin and be completed.

 

iv)    The approximate acreage or square footage of each use including park

areas of similar non-structural improvements. 

 

v)  Parking ratios expressed as spaces per square feet of gross floor area. Parking spaces required for employees.  Parking spaces required for customers.  Parking required

ORDINANCE 201 AMENDED

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for residents.

 

vi) The percentage of the area proposed to be designated PD which is to be left in a natural or open space condition.

 

vii) Anticipated effects on municipal services including but not limited to the effects on the water system, the sewer system, road maintenance and snow removal, fire protection, law enforcement, traffic patterns and street capacity of existing and proposed roadways.

 

E.  Hearing Procedure for Planned Development Designation:

 

1.  Upon receipt by the town clerk of an application for designation as PD, the Board of Trustees shall appoint a Zoning Commission to investigate and consider the proposed re zoning before submitting a recommendation to the Board of Trustees on the proposed re zoning the Zoning Commission shall hold a public hearing on the application and prepare a report including its recommendation for consideration by the Board of Trustees.  At least fifteen days prior to the date of the public hearing before the Zoning Commission, a notice of the hearing shall be published in the legal newspaper of the Town of Silver Plume as designated by the Board of Trustees.  When the Zoning Commission has completed its report and recommendations regarding the application it shall certify the same to the Board of Trustees.

 

2.  After receiving the report and recommendations of the Zoning Commission regarding the application, the Board of Trustees shall hold a public hearing thereon.  At least fifteen days prior to the date of the public hearing before the Board of Trustees a notice of the hearing shall be published in the local newspaper of the Town of Silver Plume as designated by the Board of Trustees.  This public hearing may be continued from time to time if it is determined by the Board of Trustees that it is in the public interest to do so.  After receiving the final report and recommendation of the Zoning Commission and holding a public hearing on the recommendation and the application, the Board of Trustees shall vote upon the application for designation as Planned Development District.


 

 

3.  In determining whether an application for designation as PD shall be approved the Zoning Commission and the Board of Trustees shall consider the following factors:

 

a) Whether the proposed development and proposed use or uses conform to the goals and objectives outlined in the Master Plan, as adopted and to the relevant requirements of this ordinance.

 

b) The effect of the proposed development on the historical and architectural character of the neighboring area including the effect on any existing structures within the proposed development.

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c) The conditions of any existing structures and any proposed improvements and their effect on the health and safety of the public.

 

d) Whether the proposed development will have an intolerable impact by overburdening existing or planned future municipal facilities and services, or by creating overcrowding and undue concentration of population, or by creating severe traffic congestion, or by unreasonably interfering with the beneficial use and enjoyment of neighboring property, or by creating conditions otherwise injurious to the public health, safety and general welfare of the residents of the Town of Silver Plume.

 

e) Whether the proposed development application has adequately addressed surface drainage and runoff water collection.

 

f) Whether the proposed development violates in whole or in part the conditions of any other ordinances of the Town of Silver Plume.

 

4.  A majority vote of the Board of Trustees shall be required to approve an application and re zone the area covered by the application to PD and the re zoning shall be in effect thirty days thereafter.  In case of a protest against the re zoning by at least twenty percent or more of the property owners owning property within one hundred feet of any portion of the area proposed for re zoning, such re zoning to PD shall not become effective except with the favorable vote of five of the members of the Board of Trustees.  If in the opinion of the Board of Trustees the immediate implementation of the re zoning is necessary for the health, safety and/or general welfare of the public, and upon the affirmative vote of five of the members of the Board of Trustees the re zoning shall become effective immediately upon approval by the Board of Trustees.

 

5.  The approval of the Board of Trustees of an application for re zoning to Planned Development District does not constitute the review and approval otherwise required under this ordinance for a building permit.

 


 

F.  Zoning Map of the Town of Silver Plume

 

Upon approval of an application for re zoning to Planned Development District by the Board of Trustees, the town clerk shall record the change by designating on the Zoning map of the Town of Silver Plume the area which has been re zoned to PD and labeling the area with a numerical designation identifying the sequence of re zoning action to PD.  In addition the town clerk shall keep on file the approved final PD plan which shall include the site plan survey, elevation drawings and the written statement as approved by the Board of Trustees and shall file it under the same numerical designation where it shall be available for review by the public.

 

SECTION 14.  AMENDMENTS:  Amendments may be initiated by the Town Board of Trustees ORDINANCE 201 AMENDED

PAGE 24

 

or by petition.  Upon receipt of a petition by the Board of Trustees, or after a resolution has been introduced to amend this ordinance, the Board of Trustees shall appoint a Zoning Commission to investigate and consider the proposed amendment as presented by the proposed change. Before submitting a recommendation and hold a public hearing thereon, notice of which shall be published in a paper of general circulation in the area at least fifteen (15) days before the date of such hearing.  When the Town Zoning Commission has completed its recommendations for an amendment, it shall certify the same to the Board of Trustees in a final report.

 

After receiving the final report of the certification of a proposed amendment to the Zoning Ordinance from the Zoning Commission and before adoption of any such zoning amendment, the Board of Trustees shall hold a public hearing thereon, at least fifteen (15) days prior to such hearing a notice of the time and date and place of which shall be published in a paper of general circulation in the area.  Such hearing may be continued from time to time if in the public interest to do so.

 

After receiving a recommendation amendment to the Zoning Plan the Town Zoning Commission and holding the public hearing provided for, the Board of Trustees shall consider such recommendation and vote upon the recommendation amendment to the Zoning ordinance.  A majority of Town Board members shall be required to take action upon any recommendation amendment to the Zoning Ordinance.  If the amendment to the Zoning Ordinance is adopted by the Board of

 

 

Trustees it shall take effect thirty (30) days thereafter.  In case, however, of a protest against such changes signed by the owners of twenty (20) percent or more, either of the area lots included in such proposed changes, or of those immediately adjacent in the rear thereof extending one hundred (100) feet from the street frontage of such opposite lots, such amendments shall not become effective except with the favorable vote of three-fourths of all the voting members of the Board of Trustees.

 

SECTION 15.  SEVERABILITY:  If any provisions of this ordinance or any section thereof or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance.  The Board of Trustees hereby declares that in this regard the provisions of this ordinance are severable.


 

SECTION 16.  EMERGENCY:  In the opinion of the Board of Trustees of the Town of Silver Plume,

an emergency exists and this ordinance is necessary for the immediate preservation of the public health, safety and general welfare upon its passage and publication.

 

INTRODUCED, READ AND ADOPTED THIS 27th DAY OF SEPTEMBER, 1976.

 

                                                                                   

 

 

ORDINANCE 201 AMENDED

PAGE 25

 

 ___________________________

 Peter T. Kenney - Mayor

 

ATTEST:

 

______________________________

 

Sue P. Kenney - Town Clerk

 

 

AMENDMENTS TO ORDINANCE NO. 201 (Changes already incorporated in this copy.)

 

 

INTRODUCED, READ AND ADOPTED THIS 13TH DAY OF AUGUST, 1984.

 

 

 

 

_______________________________

                                                                                    Peter T. Kenney - Mayor

 

ATTEST:

 

 

 

 

 

 

 

 

_______________________

Sue P. Kenney - Town Clerk