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Chapter III - Land Use 2008 |
CHAPTER III Land Use - 2008Development Standards, Sign Code,
Downtown Design , Stormwater Criteria (Ordinance 162, 8-12-1997, Resolution 09-2000, 8-8-00, Ordinance 184, 1-20-2001, Ordinance 206, 9-9-2003, Ordinance 228, 4-13-2005, Ordinance 248, 5-9-2007, Ordinance 250, 9-9-2007, Ordinance 251, 2007, Ordinance 253, 11-14-2007, Ordinance 254, 10-10-2007, Ordinance 255, 10-10-2007, Ordinance 256, 10-10-2007) 3-1 General Provisions 3-1-1 Purpose This Ordinance is enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the Town of Ignacio. 3-1-2 Title The title of this Zoning Ordinance is "Town of Ignacio Zoning Ordinance" and may be so cited and pleaded. The short form "Ordinance" used herein refers in all instances to the aforesaid Ignacio Zoning Ordinance unless the context clearly indicates the contrary. 3-1-3 Authority for Ordinance The Town of Ignacio Zoning Ordinance is authorized by the provisions of Article 23 of Title 31 of the Colorado Revised Statutes, as amended, and applies to all of the land within the Town of Ignacio. 3-1-4 Severability If any section, clause, provision or portion of this Ordinance is adjudged or invalid by a court of competent jurisdiction, the remainder of this Ordinance is not affected thereby. 3-1-5 Interpretation Whenever provisions of this Ordinance are found to be inconsistent with any other regulation, the more restrictive standard shall control. The provisions of this Ordinance are minimum requirements that do not preclude imposition of more restrictive standards by agreement or by law. 3-1-6 Continuation of Existing Regulations The provisions of this Ordinance, insofar as they are substantially the same as existing Ordinances relating to the same subject matter, shall be construed as restatements and continuation of and not as new enactments. 3-1-7 Existing Uses The existing use or uses of all buildings, improvements and premises not in conformity with the standards or requirements of the zoning district in which they are with the provisions of this Ordinance, and which uses are legal, or for which permits or variances were granted under previous Ordinances, may continue as NON- CONFORMING USES as hereinafter defined, and subject to the provisions regulating such uses. 3-1-8 Ordinance may be Amended This Ordinance may be amended whenever public necessity, convenience and general welfare require. 3-1-9 Applicability The provisions of this Ordinance are applicable not only to persons, firms, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereafter be enforceable in connection with the activities of any such public agency or organization. 3-1-10 New Construction and New Uses All new construction, building, improvements, alterations, enlargements, or building movement undertaken after the effective date of this Ordinance; and all new uses or occupancy of premises within the Town shall conform with the requirements, character, and conditions as to use, height, area, parking and yard requirements laid down for each of the several zones as described in the following sections of this Ordinance. It shall be unlawful for any person to erect, construct, establish, occupy, alter, enlarge, or use, or to cause or permit to be executed, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zoning district described in this Ordinance contrary to the provisions of this Ordinance. 3-1-11 Conflicts of Interest Where any provision of the Colorado Revised Statues, or of this regulation, requires an official action by a person who is also directly affected by the substance of such action or, in any other circumstance where a conflict of interest might reasonably exist. If needed, official action shall be performed by some other person duly qualified therefore and designated to so act by the Town Board of Trustees. 3-1-12 Vested Property Rights Approval of a zoning or rezoning application, a subdivision, a permitted use or an improvement permit shall not establish a vested property right unless and until final approval thereof has been granted by the Town Board of Trustees or by the designated official allowed to grant such permit under the terms of this Ordinance. 3-1-13 Violation It shall be unlawful for any person, firm, or corporation, whether as principal, agent, employee, or otherwise, to violate or cause the violation of any of the provisions of this Ordinance and, upon conviction thereof, may be punished by a fine of not more than one thousand dollars (00.00), or by imprisonment in the county jail for a term not exceeding ninety (90) days. 3-1-14 Each day a Separate Offense Each day during any portion of which any violation of this Ordinance is committed or continued by such person, firm, or corporation, shall constitute a separate offense and shall be punishable as provided herein. 3-1-15 Completion of Construction Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a valid building permit has heretofore been issued and upon which actual construction has begun at the effective date of this Ordinance, or any amendment thereof, provided that such construction and/or proposed use of such building is not on said date in violation of any other Ordinance or law and further provided that such building or structure is completed within one year of such date. Construction is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. 3-1-16 Time Limits on Applications Under this Ordinance the Town shall establish time limits for all permits. The time limit for starting work after issuance of a permit is six months. 3-1-17 Repeals All Ordinances or portions of Ordinances in conflict with this Ordinance are hereby repealed. 3-2 Administration In order to carry out the provisions of this Ordinance, a Planning Commission and a Board of Adjustment are created and administrative duties are delegated to the Town Board of Trustees, the Planning Commission and Town Staff. 3-2-1 Planning Commission Created (A). Establishment The Town of Ignacio Planning Commission, hereinafter referred to as the Planning Commission or the Commission, is hereby established. (B). Membership The Commission shall consist of five (5) qualified electors of the Town. These five shall be appointed by the Town Board of Trustees. The Town Board shall also appoint two (2) qualified electors of the Town to serve as alternate members of the Planning Commission. One or both alternate members shall sit on the Planning Commission in the absence of one or more regular members. In no case shall the Planning Commission consist of more than five (5) members for a formal Planning Commission meeting. (C). Term Members of the Commission shall serve terms of four years and until their successors have been appointed. Terms shall be arranged so that the term of at least one member shall expire each year. The members of the first commission shall draw lots to establish each member's term. (D). Appointments After investigating the interests and qualifications of the applicants, the Town Board shall appoint one or more of the applicants. The appointment shall be subject to ratification by majority vote of the Town Board. (E). Vacancies A vacancy shall occur when a term is completed, when a member ceases to be a qualified elector or when a member resigns. Vacancies in mid-term shall be filled only for the unexpired portion of the term. Members may be reappointed if otherwise qualified. (F). Rules (1) The Commission shall elect from its appointed membership a Chairperson and a Vice Chairperson during the month of February each year. The Commission may have such other officers and committees, as it deems appropriate. The Commission shall establish a regular meeting time and place. It shall meet at least once each month. (3) The Commission shall post an agenda of its regular meetings at the Town Hall at least five days prior to the meeting. This will be in addition to any specific notice for individual items required by applicable statute, resolution or regulation. (G). A quorum shall consist of three (3) members. The affirmative vote of two (2) members shall be necessary to transact any business or to make any decision.10/13/98 Ordinance 169. (H). Any Commission member missing two consecutive regular meetings may be dismissed from the Commission by an affirmative vote of three (3) members. (I). The Commission may make other rules for the conduct of its business, as it deems appropriate. The Commission shall also keep a record of its resolutions, transactions, findings and determinations which record shall be a public record. (J). Duties/Powers The Commission shall function as and shall have all of the powers granted to the Planning Commission in Parts 2 and 3 of Title 31, Article 23, CRS 1973, as amended. 3-2-2 Board of Adjustment Created. (A). Establishment A Board of Adjustment is hereby created which shall consist of five members appointed by the Town Board of Trustees, each to be appointed for a three-year term. One member of the Board of Adjustment shall also be a member of the Planning Commission. One other member of the Board of Adjustment may also serve on the Planning Commission. The Town Board shall also appoint two alternate members who will sit on the Board of Adjustment in the absence of one or more regular members. (B). Duties and Powers The Board of Adjustment shall be empowered and required to: (1) Meet at the request of the chairperson, by petition of at least three of the members, by request of the designated official or order of the Town Board of Trustees. (2) Permit the public to attend and to be heard at all of its meetings. (3) Make decisions on the formal granting of adjustments, variances or exceptions to requirements of this zoning Ordinance, and any other duties imposed by the Town Board. (4) Publish or cause to be published, a notice of a hearing in a local newspaper of general circulation. A hearing is to be conducted for every adjustment, variance or exception applied for under this Ordinance. Ordinance 91, 8-14- 2001 (5) Notify the applicant, owner involved, the designated official, the Town Board of Trustees and the Planning Commission in writing of all decisions made, resolutions passed, hearings scheduled, or recommendations made. (6) Interpret this Ordinance including any uncertainty as to boundary location or meaning of words, so long as this interpretation is not contrary to the purpose and intent of this Ordinance. (7) Act only upon applications which state, in writing and accompanied by sufficient maps, diagrams and notations, what provision of this Ordinance is involved, what relief is being sought, and the grounds upon which such application is made. (8) Hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of any item under this Ordinance. (9) Act only upon matters, which are not the granting of a use for a parcel of land or structure. (10) Act only when there is a quorum of the appointed members, including alternate members. Ordinance 191, 8-14-2001 (C). Decisions The Board of Adjustment will study applications, hear evidence and testimony and make final decisions based on such information and can be appealed only to district court. Such appeal may be taken by any interested party, or by an official, department, Planning Commission or Town Board of Trustees in accordance with state law. (D) Vote Necessary The concurring vote of three (3) members of the Board of Adjustment will be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance or to effect any variation in this Ordinance. Ordinance 191 8-14-2001 (E) Administrative Review To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative officials in the enforcement of this Ordinance and may revise, affirm or modify any administrative action relative thereto. The concurring vote of three (3) members of the Board of Adjustment is necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance or effect any variation of this Ordinance. Ordinance 191 8-14-2001 3-2-3 Responsibility of the Town Staff All departments, officials and public employees of the Town of Ignacio, vested with the authority to issue permits, shall conform to the provisions of this Ordinance and shall not issue permits, certificates or licenses for uses, buildings or premises in conflict with the provisions of this Ordinance. Any such permit, certificate or license issued in conflict with the provisions of this Ordinance shall be null and void. It shall be the duty of the Town Manager, or a duly authorized representative, to enforce the provisions of this Ordinance. 3-2-4 Responsibilities of Town Board of Trustees The Town Board of Trustees in addition to all other powers and duties has responsibility to hold required public hearings in a timely manner and to render final decisions on matters relating to the zoning and subdividing of land. 3-2-5 Responsibility of Planning Commission In addition to all other powers and duties of the Planning Commission it shall have the following responsibility: (A) Planning Review - to review, study and recommend approval or denial to the Town Board of Trustees on matters of planning and all applications dealing with zoning, rezoning, annexation and subdivisions. (B) Special Use Permits - to hear and recommend to the Town Board of Trustees on such special and public use permits as the Planning Commission is specifically authorized by the terms of this Ordinance. (C) Establish Own Rules - The Planning Commission may establish its own rules for the conduct of public hearings. The person acting as Chairperson of the Planning Commission is hereby empowered to administer oaths to any person testifying at a hearing before the Planning Commission. 3-2-6 Responsibility of Board of Adjustment The Board of Adjustment shall hear all applications for variances and appeals presented to it for review, hold a public hearing and take appropriate action. 3-2-7 Filing with Town Clerk Upon the adoption of any regulation pursuant to this Ordinance, or maps showing a subdivision or vacation plat, zoning district, or a development plan, a certified copy of the same shall be filed in the Office of the Town Clerk, not later than 24 hours after the amendment becomes effective, which copies are available for public inspection. All amendments to and changes in the Official Zoning Map shall be drawn at the end of each fiscal year upon a copy of the Official Zoning Map. No changes shall be made upon the Official Zoning Map that have not been enacted by the Town Board of Trustees of the Town of Ignacio. 3-2-8 Official Zoning Map Zoning districts established by this Ordinance are bounded and defined as shown on the Official Zoning Map of the Town of Ignacio, which, together with all explanatory materials contained thereon, are hereby made a part of this Ordinance. Copies of the official zoning map shall be available to the public for a fee established by the Town. 3-2-9 Interpretation of District Boundaries The following rules are to be used to determine the precise location of any zone district boundary shown on the Official Zoning Map of the Town of Ignacio: (A). Boundaries shown as following or approximately following the Town limits are construed as following such limits. (B). Boundaries shown as following or approximately following streets and roads are construed to follow the centerline of such streets and roads. (C). Boundary lines which follow or approximately follow platted lot lines, or other property lines as shown on tax maps are construed as following such lines. (D). Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines are construed as following such lines. (E). Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs .1 through .4 above are construed to be parallel to such features and at such distances there from as are shown on the map. (F) If the zoning districts, which apply to a specific property, cannot be determined by an applicant, the zoning official shall make the determination on a case by case basis. The applicant shall provide all information needed to make the determination, such as a property survey and proof of ownership. If the zoning official is unable to make such determination or has a conflict of interest, the Planning Commission shall make the determination. 3-2-10 Appeals The decision of the designated official in the processing of an application for any permit, or the issuance of an improvement or use permit, or the inspection of premises, or the issuance of a Stop Work Order or the issuance of a Certificate of Occupancy, or the failure to issue any such permit, order or certificate may be appealed by the applicant, the applicant's agent or any other individual or party to the following authorities: (A). If the appeal involves a question relating to Town regulations or requirements other than this zoning ordinance, a hearing shall be held by the Town Board of Trustees. (B). If the appeal involves a question relating to a zoning variance or any other provision of this Ordinance, the appeal is directed to the Board of Adjustment. 3-2-11 Fees Fees charged for applications under this Ordinance shall be established by the Town Board of Trustees under separate Ordinance after review by the Planning Commission. The fees may be changed from time to time by the Town Board of Trustees for reasons such as the cost of processing applications. 3-3 Review Procedures for Processing of Applications. 3-3-1 Review and Appeal Process The establishment of this Review Process is to guarantee a uniform means by which the Town Board of Trustees, its duly constituted Planning Commission and the Board of Adjustment may review, study, accept or reject requests for zoning, rezoning, special use review, approval of subdivision sketch plan, subdivision preliminary plat and subdivision final plat. 3-3-2 Participants The processes of this Ordinance shall be administered, exercised and enforced by the administrative official or officials given specific duties and responsibility by the various sections of this Ordinance. The Planning Commission and the Town Board of Trustees shall review applications and make recommendations and decisions to carry out the intent of this Ordinance: (A). Parties who are required to participate in the Review Process of this Ordinance are: (1) Those who propose a text change, a zoning map change, a subdivision, or a special use approval. (2) Those applicants requesting a variance or wishing to appeal any subject covered by this Ordinance. (B). Parties who may participate in the Review Process of this Ordinance are: (1) Those who wish to seek clarification or interpretation of this Ordinance as it may relate to specific plans. (2) Those who wish to present plans for information, comment or action from the Planning Commission, when not otherwise required to appear by this Ordinance. 3-3-3 Planning Commission Action on Applications All applications, which require review and action by the Planning Commission, shall be processed using the following procedures: (A). Upon receipt of a valid application the staff shall investigate the facts bearing upon the application and issue a report stating the staff’s findings and recommendations. (B). The application shall be set for the Planning Commission agenda or a public hearing not less than 15 days nor more than 40 days from the time of filing of the application. (C). Notice of time and place of a public hearing shall be given in such manner as may be directed by the Commission. Notice of the public hearing shall be mailed to the owners, as shown by the records of the County Assessor, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area of the proposed change. The Planning Commission shall conduct a duly advertised public hearing, public notice of which shall be given by publication of a notice of such hearing at least once in a newspaper having a general circulation in the Town, such notice to be published not less than fifteen (15) days prior to the hearing. (D). A hearing is held on the advertised date. All pertinent information is entered into the record and when the Commission believes that all information needed to make a decision has been received, the hearing is closed. Hearings may be continued. If for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings, the Commissioner presiding at such public hearings may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing shall be continued and no further notice shall be required. (E). The Planning Commission shall announce its findings by formal resolution not more than ten (10) days following the conclusion of the final hearing on any application and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the application necessary to carry out the general purposes of this Ordinance, and shall recommend to the Town Board of Trustees approval or denial of the application. The Planning Commission shall notify the applicant by forwarding a copy of said resolution. The said resolution together with the complete file in the case shall be sent to the Town Board of Trustees. (F). A summary of all pertinent testimony offered at public hearings in connection with an application filed pursuant to provisions of this Ordinance, and the names and addresses of persons testifying at all public hearings before the Planning Commission may be recorded and made a part of the permanent files of the case. 3-3-4 Commission may approve Special and Public Use Permits Permits for uses specifically listed as special uses in this Ordinance, and for other uses which the Planning Commission finds it impractical or impossible to classify specifically as to usage, may be recommended by the Planning Commission to be granted by the Town Board of Trustees under the procedures stated in this Ordinance. 3-3-5 When granting of Special Use Permits is not permitted The Planning Commission shall not recommend the approval or granting of any Special Use Permit for any use which: (A). Is specifically permitted by the provision of this Ordinance in a zone, which is less restrictive than the zone in which the property on which the permit requested is located. (B). Can, under provisions of this Ordinance, be specifically classified as a residential, commercial or industrial use. 3-3-6 Town Board of Trustees Action on Applications All applications, which require action by the Town Board of Trustees, shall be processed using the following procedure: (A). Upon receipt of a recommendation from the Planning Commission, the Town shall set for the Town Board of Trustees agenda or a public hearing not less than 15 days nor more than 40 days from the time of the Planning Commission action. (B). A hearing is held on the advertised date. All pertinent information is entered into the record, when the Town Board of Trustees believes that all information needed to make a decision has been received the hearing is closed. (C). Hearings may be continued. If for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings, the Mayor may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing shall be continued and no further notice shall be required. (D). The Town Board of Trustees shall announce its findings by formal resolution not more than ten (10) days following the conclusion of the final hearing on any application or appeal and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Town Board of Trustees, make the approval or denial of the application necessary to carry out the general purposes of this Ordinance. Within seven (7) days from the date of such action, the Town Board of Trustees shall notify the applicant by forwarding a copy of said resolution. (E). The decision of the Town Board of Trustees shall be final and conclusive; provided, however, that in cases where the Planning Commission's action has been a denial of a special use permit, the Town Board of Trustees shall not grant a special use permit nor eliminate or modify any condition imposed by the Planning Commission except upon order of the Board ofTrustees passed by not less than three-fourths (3/4) of all members thereof. 3-3-7 Board of Adjustment Action on Applications All applications, which require action by the Board of Adjustment, shall be processed using the following procedure: (A). Upon receipt of an application, the Board of Adjustment shall set a public hearing date, not less than 15 days nor more than 40 days from the receipt of the application. (B). Notice of time and place of a public hearing shall be given in such manner as may be directed by the Board of Adjustment. Notice of the public hearing shall be mailed by the applicant to the owners, as shown by the records of the County Assessor, of lots or land within the area being considered an within 100 feet, excluding public right-of-way, of the area of the proposed. Proof of mailing notices is required to be presented to staff and staff to keep with application. A hearing is held on the advertised ate. All pertinent information is entered into the record, when the Board of Adjustment believes that all information needed to make a decision has been received the hearing is closed. Ordinance 191, 8-14- 2001. Hearings may be continued. If for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings,the chairperson may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing shall be continued and no further notice shall be required. (C). The Board of Adjustment shall announce its findings by formal resolution not more than ten (10) days following the conclusion of the final hearing on any application and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Board of Adjustment, make the approval or denial of the application necessary to carry out the generalpurposes of this Ordinance. Within seven (7) days from the date of such action, the Board of Adjustments shall notify the applicant by forwarding a copy of said resolution. (D). The decision of the Board of Adjustment shall be final and conclusive. (E). A summary of all pertinent testimony offered at public hearings in connection with an application filed and the names and addresses of persons testifying shall be recorded and made a part of the permanent files of the case. 3-3-8 Purpose of Variance The sole purpose of any variance shall be the modification of the specific regulations of this Ordinance and shall be for the purpose of assuring that no property, because of unique circumstances applicable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. 3-3-9 Required showing for variance Before any variance may be granted, it shall be shown: (A). That there are exceptional or extraordinary circumstance or conditions applicable to the property. (B). That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. (C). That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. 3-3-10 Variance may include conditions Variances may be granted upon such conditions and limitations and for such periods of time as the Board of Adjustment shall deem to be reasonable and necessary or advisable under the circumstances so that the objective of this Ordinance shall be achieved. 3-3-11 Petitioners statement of justification Each application for a variance shall be accompanied by a written statement of facts by the petitioner, showing why, in the opinion of the petitioner, the granting of said variance is necessary. 3-3-12 Voiding of Variance Each variance recommended and granted under the provision of this Ordinance shall become null and void unless: (A). The construction or use of said variance shall have been commenced within six (6) months after the granting of said variance and pursued diligently to completion. (B). All conditions under which said variance was granted are complied with in their entirety. 3-3-13 Reapplication for a Variance No reapplication for a variance, which has been denied, shall be filed earlier than six (6) months after the date of such denial unless special authority to do so has been granted by the Planning Commission or by the Town Board of Trustees. Any reapplication shall be considered a new request. 3-4 Submittal requirements for all applications under this ordinance. 3-4-1 Application Requirements A uniform application is utilized for every process under this Ordinance. However, additional information is required at each level of a multi-level application such as a subdivision. Each and every application under this Ordinance shall include, or be accompanied by, the following information: (A). The name, mailing address, street and telephone numbers of: (1) The applicant for the permit. (2) The owner of the property upon which the improvement or use is to take place. (3) Any agents authorized to act on behalf of the owner or the applicant. (4) Any contractor retained or to be retained to accomplish any portion of the improvement. (B). Proof of ownership of the property in question and concurrence in the purpose of the application by the owner. (C). Legal description of the property in question, to include: (1) Survey number, tract number or other recorded identifying number of the parcel. (D). Current zoning classification of the parcel. .5 A copy of a certified survey plat may be required or a plan upon which the applicant shall provide by sketch. If a certified sketch is not provided, the applicant must submit a sketch plan, which is signed by, all adjacent property owners and which may be verified by the Town. (1) The relative location of existing and proposed improvements, buildings, structures, roads, driveways, parking, ditches, utilities, fences, and other significant features. .6 A written description of the nature of the improvement planned if any. .7 Architect's drawings or engineer's drawings, floor plans and diagrams as may be required by the Uniform Building Ordinance and related Ordinances as adopted. .8 Proof that a request for a driveway permit has been submitted to the Colorado Department of Highways, if a new access road or driveway to the property intersects with a state highway. 3-5 Zoning Districts 3-5-1 Establishment of Zoning Districts The Town of Ignacio, State of Colorado, is hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district, to implement the Town of Ignacio Comprehensive Plan and related official plans and the Official Zoning Map of the Town of Ignacio, and to serve the other purposes of this Ordinance. Except as provided in this chapter, no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building is located. 3-5-2 General Classification of Uses Uses not enumerated are included within a general use description. The rule is that unless a use is specifically listed it is included in the use term with a more general meaning. The official responsible for administration of this Ordinance shall determine the appropriate classification of a use not listed. Appeal may be made to the Planning Commission. An administrative decision related to a use may be appealed and is reviewed using the same procedure as those for an amendment to the text of this Ordinance. + 3-5-3 Purpose and Intent of Each Zoning District 1. Single Family Residential District R1 The intent of this district is to provide an area in which only single-family homes are permitted. 2. Multi-Family Residential District R2 The intent of this district is to provide an area in which apartment units are permitted as well as single-family homes. 3. Mobile Home Residential District R3 The intent of this district is to provide an area where mobile homes are permitted in subdivision or in a mobile home park. Single-family homes are also permitted. 4. Business District B1 The intent of this district is to provide an area where all retail and commercial uses are permitted. 5. Industrial District I1 The intent of this district is to provide an area for industry and distribution uses which can be accommodated inside a structure without odor, smoke or glare. 6. Agricultural District A The intent of this district is to provide an area with agricultural uses except for feed lots and dairies. Also permitted in this district are residential homes on large lots. 3-5-4 Table of Permitted Uses DISTRICT Single Family Residential (R-1) Use by Right Single family dwelling, church, school, park and recreation facility, utility distribution system facility. Accessory Use Permitted (Permit Required) Garage, storage building, home occupation. Special Use Permitted Home occupation with non-occupant employees. Multi-Family Residential (R-2) Use by Right Multi-family dwelling, single family dwelling, church, school, park and recreation facility, and utility distribution system facility. Accessory Use Permitted (Permit Required) Garage, storage building, home occupation. Special Use Permitted Mini-storage facility. Mobile home as principal use. Mobile home as accessory use. Parking lot. Home occupation with non-occupant employees. Mobile Home Residential (MH) Use by Right Mobile home, single family dwelling, mobile home park, church, school, park and recreation facility, utility distribution system facility. Accessory Use Permitted (Permit Required) Garage, storage building, home occupation Special Use Permitted None. Business (B) 1) Use by right: The purpose for which land or a structure is designed, arranged, intended, or occupied. 2) Special use: A use identified by this code which is pre-approved within a zone district and requires a special permit to be issued after review and approval by staff. Conditional use: A use identified by this code which requires action by the planning commission and trustees, after a public hearing(s), and if approved, authorizes the recipient to make use of property in accordance with the requirements of this code, as well as any additional requirements imposed by the Board of Trustees. A conditional use permit shall be issued by the department prior to commencing the use or construction for the use. Uses Permitted Uses Not Allowed 2) Accessory Buildings related to any of the businesses allowed Sewage Treatment plant 1) Recreational and Entertainment, in completely enclosed building, i.e. theater, arcade Open-air or Drive-in theater 1) Automobile Services: Filling Station, with bulk storage of inflammable liquids underground , Repair, Carwash 2) Tire display, sales and service; paint shop, auto parts Mechanical service work not in an enclosed building. 1) Bank or financial institutions 1) Custom Fabrication, non-continuous noise, such as glass windshields, framed glass windows or doors and custom doors. 2) Continuous machinery noise mitigation required (e.g. air compressors, saws, etc.). 1) Laundry, self service and self-service Dry Cleaning; Commercial cleaning establishment 1) Medical Services, Clinics, medical and dental, Counseling, Pharmacy Treatment facility or correctional institutions 1) Office buildings for all types of business 2) Parking Lot, to serve other businesses in Commercial District Storage yards for materials not within a building such as large vehicle storage, Port-a-potties 1) Personal Services, such as beauty parlor, photo or artist studio, massage, print shop. 2) Transportation related operations 1) Shops with no outside storage, i.e. tailoring, shoe making, appliance, bicycles, bakery, plumbing and heating, upholstery shop. 2) Open air markets, such as farmers, flea or special event vendors. 1) Restaurants, inside, drive-in by “use by right” and drive through by “conditional or special permit, patio, with or without liquor license (state and local laws apply) Animal Slaughtering, Garbage incinerators 1) Retail, such as florist, dress, pharmacy, grocery, bakery, 2nd hand store ; display for merchandise to be sold on order, stored elsewhere or inside a building, shopping center. 2) Wholesale as an adjunct of a retail business. Trucks, machinery and equipment, farm implement, auto, trailer, boat sales; adult inventory. Heavy industrial equipment. 1) Educational, any type, with all storage or equipment inside, i.e. higher education, commercial, trade, vocational. Agricultural (A) Use by Right All agricultural uses except feed lots and dairies. Single family dwelling. Accessory Use Permitted (Permit Required) Garage, storage building, barn, pen, shed. Special Use Permitted Sale of agricultural products produced on premises. Table of Minimum and Maximum District Standard (Ordinance 250, September 9, 2007, Ordinance 255, October 10, 2007) Type of Minimum R-1 R-2 MH B I A Min land 6000 sf 6000 sf 6000 sf 6000 sf 6000 sf 2 ac Minimum width 60' 50' 50' 50' 60' 150' Minimum depth 100' 100' 100' 100' 100' 150' Minimum front 20' 20' 20' 0'* 10' 25' yard setback Minimum rear 10'*3 10' 10'* 3 10* 10’ 100' yard setback Minimum side 6' 5'*2 5'*2 0'* 6' 25' yard setback Minimum street 60' 50' 50' 50' 60' 150' Frontage for each lot Minimum parking 2 2 2 note*4 2 2 spaces per dwelling Minimum open 50% 40% 40% 10% 20% 90% space required Maximum height 30’ 30’ 30’ 35’ 35’ 30’ Maximum lot 30% 30% 30% 90% 60% 10% Coverage by structure * Refer to Chapter VI, Fire Regulations, 6-1 et al of the Municipal Code. *2 Where more than one mobile home is located on a parcel, distance between mobile homes will be 10'. 7/11/00 Res 08-2000 *3 In the Candelaria Addition and Candelaria Heights Second Addition, 5’ rear setbacks are allowed. 2-8-05 Ordinance 227 BECAUSE THEY ARE ON AN INACCESSIBLE EASEMENT. *4 Refer to Development Standards 3-6-1 to 3-6-3 for parking, intersections, barrier requirements. 3-5-6 Uses by Right The uses permitted in each zoning district correspond to the characteristics of that district. The uses are intended to be consistent with, and do the least possible harm to, the particular environment of the district. Any use not specifically permitted in any zoning district is prohibited unless a rezoning application is submitted and approved in accordance with this Ordinance. 3-5-7 Accessory Uses and Structures Accessory uses and structures are permitted in all zoning districts. Accessory uses and structures may be subject to other sections of this or other regulations. 3-5-8 Special Use Each zone district allows certain special uses, which are listed in this Ordinance. A request for a special use must be submitted and approved by the Town in the same manner as a rezoning request. The review by the Town will include special attention to insuring that the use and the design of the use are compatible with adjacent uses. The Town may impose conditions in the approval of any special request. 3-5-9 Nonconforming Uses and Structures The lawful use of any building or structure or the lawful use of any land, as existing and lawful at the time of adoption of this Ordinance, or, in the case of an amendment to this Ordinance, at the time of such amendment, may be continued, subject to the limitations set forth in the following paragraphs. Dwellings, which exist at the time of passage of this Ordinance, which are located in an area designated for future residential use are conforming uses. The following provisions of this Ordinance shall apply to buildings, structures, land and uses which are now non-conforming and those which hereafter become non-conforming due to any reclassification of zones or land under this Ordinance: .1 Expansion or Enlargement The expansion or enlargement of a nonconforming structure shall be considered a structural alteration and shall be required to conform with the provisions of this Ordinance. A nonconforming activity may be extended throughout any part of a structure, which was arranged or designed for such activity at the time of enactment of this Ordinance. .2 Repairs and Maintenance: The following changes or alterations may be made to a nonconforming structure or to a conforming structure housing a nonconforming use: Maintenance repairs that are needed to maintain the good condition of a structure, except that if a structure has been officially condemned, it may not be restored under this provision. Any structural alteration that would reduce the degree of nonconformance or change the use to a conforming use. The addition of a solar energy device to such structure. .3 Restoration or Replacement: If a structure having a nonconforming use is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence exceeds fifty (50) percent of the cost of reconstructing the entire structure, it may be restored only if any future use housed within the structure complies with the requirements of this Ordinance. If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence exceeds seventy-five (75) percent of the cost of reconstructing the entire structure, the structure may be restored only if it complies with the requirements of this Ordinance. Where a conforming structure devoted to a nonconforming use is damaged less than fifty (50) percent of the cost of reconstructing the entire structure; or where a nonconforming structure is damaged less than seventy-five (75) percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction. The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to nonconforming use. .4 Discontinuance: Whenever a nonconforming use has been discontinued for a period of six (6) months, it shall not thereafter be re-established, and any future use shall be in conformance with the provisions of this Ordinance. .5 Nonconforming Lots: Nonconforming lots of record at the time of passage of this Ordinance may be built upon providing that all other relevant district requirements are met. .6 Change in Non-conforming Use: A nonconforming use of a structure or lot may not be changed to another nonconforming use. A nonconforming use of a structure or lot may be changed to a conforming use. 3-5-10 Standards for Issuance of Permits A permit shall be issued by the Town when the Town finds that the applicant has sustained the burden of proof that the proposed development, activity or use including best management practices, if any, does not present or create an adverse effect on the community. Such a permit shall be denied when the Town determines that the applicant has not sustained such burden of proof. 3-5-11 Imposition of Permit Conditions The Town may prescribe any conditions it deems necessary upon issuing an improvement or use permit. Such conditions may also be imposed in order to mitigate any adverse impact and may be enforced by requiring the applicant to post a bond, cash, or acceptable letter of credit sufficient to assure that mitigation shall occur within a specified time period. Permits for construction shall be issued only on the basis of the approved plan. Any changes in the approved final plan shall be submitted for review. 3-6 Development Standards 3-6-1 Required Off-Street Parking 1. Every land area, building, or portion of building, hereafter erected, maintained or used for any purpose shall be provided with permanently maintained parking space as provided in this section, and such parking space shall be made permanently available and be permanently maintained for parking purposes. .1 Existing business and residential structures located on parcels of land within a business and/or residential district may receive credit for qualified curbside parking. 8/8/00, Resolution 09-2000. To qualify, the parking space must be on street frontage adjacent to the lot on which the business or residence is located, must be 20 feet in length and meet all on street parking requirements. Parking Spaces Required. The number of off-street parking spaces required shall be no less than as set forth in the following: Apartments Hotels, motels, lodges, rooming houses, fraternities and sororities Banks, business or professional offices Bowling alleys Churches and accessory uses Establishments for the sale and consumption on the premises of food and beverages Having less than 4000 square feet of floor area Having 4000 or more square feet of floor area Furniture and appliance stores, hardware stores, household equipment, service shops, clothing or shoe repair, personal service shops Hospitals Libraries Manufacturing uses Medical and dental clinics and medical professional offices Mortuaries Motor vehicle, machinery sales or wholesale store Offices not providing customer service on the premises Retail stores, except as otherwise specified herein Sanitariums, nursing homes High Schools Schools, Other Sport field without bleachers Stadium, sports arenas, auditoriums and other places of public assembly and clubs and lodges having no sleeping quarters Swimming pools 2 for each dwelling unit 1 for each sleeping unit or dwelling unit 1 for each 400 square feet of gross floor area 4 for each alley 1 for each 6 seats, or if there are no fixed seats, then 1 for each 100 square feet of floor space used for assembly purposes 1 for each 100 square feet of gross floor area 40 plus 1 for each 40 square feet of gross floor area in excess of 4000 square feet 1 for each 600 square feet of gross floor area 1 for each bed 1 for each 250 square feet of gross floor area 1 for each 800 square feet of gross floor area 1 for each 150 square feet of gross floor area 1 for each 50 square feet of floor area of assembly rooms used for services Motor vehicle, machinery sales or wholesale store. 1 for each 1000 square feet of gross floor area 1 for each 400 square feet of gross floor area 1 for each 300 square feet of gross floor area up to 5000 square feet; then 1 for each 200 square feet of all gross floor area exceeding 5000 square feet 1 for each 3 beds 1 for each employee plus 1 for every 5 students 1 for each employee 1 for each 2 players 1 for each 5 seats or 1 for each 100 square feet of gross floor area used for assembly without fixed seats. 1 for each 10 persons based on the capacity load (pool area under 5 feet in depth divided by 30 persons equals capacity load) Dwellings and duplexes omitted 8/8/00, Resolution 09-2000. The agricultural district permits the parking of all vehicles used in agricultural activities carried out on the same parcel. 3. Parking Requirements for Uses Not Specified. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Planning Commission and such determination shall be based upon the requirements for the most comparable use specified herein. 4. Parking Provisions May Be Waived by Commission. The Planning Commission may, by resolution, waive or modify the provisions as herein set forth establishing required parking areas for uses such as electrical power generating plants, yards, or other uses of a similar or like nature occupied by a very limited number of persons. 5. General Requirements. The following general requirements shall apply: .1 Size and Access. Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles, and a width of not less than nine (9) feet. Each space shall be provided with ingress and egress. .2 Location. In the event permanently maintained off-street parking facilities on a non-contiguous parcel are to be provided by private parties, said facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve: (1) For all dwellings parking facilities shall be located on the same or a contiguous lot or building site. (2) For uses other than those specified above, not over two hundred (200) feet from the building being served. .3 Mixed Occupancies in a Building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use. .4 Joint Use. The Planning Commission, may, upon application authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein: (1) Up to fifty percent (50%) of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a night-time use; provided such reciprocal parking area shall be subject to conditions set forth in paragraph (2) below. (2) Conditions required for joint use: The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within one hundred fifty (150) feet of such parking facility. The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of an off-street parking facility is proposed. Parties participating in the joing use of an off-street parking facility shall evidence agreement for such joint use by a proper legal instrument approved by the Town Attorney as to form and content. Such instrument when approved as conforming to the provisions of this Ordinance, shall be recorded in the office of the County Clerk and copies thereof filed with the Town Clerk and the Planning Commission. 6. Required Improvement and Maintenance of Parking Area. Every lot used as a public or private parking area shall be developed and maintained in the following manner: .1 Minimum Design Standards: Off-street parking areas shall be so designed as to conform to the following minimum requirements: (1) Parking stalls shall be not less than 9' by 20'. (2) Aisles for circulation shall be: For parallel parking - 12 feet wide For 30 and 45 parking - 15 feet wide For 60 parking - 18 feet wide For 90 parking - 24 feet wide (3) Ingress to and from required off-street parking areas shall be so designed as to avoid any necessity of backing from said parking area into any public right-of-way in the business district. Backing up in a residential district onto a public right-of-way is allowed. 8/8/00, Resolution 09-2000 (4) Circulation aisles within required off-street parking areas shall be so designed as to eliminate any necessity of vehicles entering a public right-of-way when passing from one aisle to another. (5) In the case of required off-street parking areas on interior lots having access to but one public right-of-way and having such narrow width as to permit only one aisle for both ingress and egress, said aisle shall be made not less than eighteen (18) feet in width and shall be terminated on the side of the parking area furthest from the ingress-egress point by a turning area having a minimum radius of twenty (20) feet. (6) Single direction entrances and exits shall have a minimum width of fourteen (14) feet and combined entrances-exits shall have a minimum width of twenty-six (26) feet. (7) All entrances, exists and parking stalls shall be clearly marked, and directional marking showing permissible traffic flow shall be placed in all aisles. .2 Surfacing: Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks. Surface material shall be approved by the Town. In addition to requirements .1 and .2 above, every parking lot, either public or private, having a capacity of five or more vehicles shall be developed and maintained as follows: .3 Border, Barricades, Screening and Landscaping: (1) Every parking area that is not separated by a fence from any street or alley property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than six (6) inches in height, located not less than two (2) feet from such street or alley property lines and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area. (2) Every parking area abutting property located in one of the R zones shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge six (6) feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R zone property, provided that along a required front yard the fence, wall, or hedge shall not exceed forty-eight (48) inches in height. No such wall, fence, or hedge shall be provided where the elevation of that portion of the parking area immediately adjacent to an R zone is six (6) feet or more below the elevation of such R zone property along the common property line. (3) Any lights provided to illuminate any public parking area, semi-public area, or car sales area, permitted by this Ordinance shall be so arranged as to reflect the light away from any premise upon which a dwelling unit is located. 7. Dwellings and duplexes, new or existing, may use a combination of off and on-street parking equal to 2 spaces for each dwelling, with no less than 1 off-street parking space and fulfilling requirements for size and surfacing. 8/8/00, Resolution 09-2000 3-6-2 Wall, Fence or Hedge may be maintained. No fence, wall, or hedge shall be permitted which exceeds the following height limits above the existing ground level: .1 Between an abutting front or side street and the minimum distance the nearest main building is required to set back from such street forty-two inches (42). .2 Elsewhere: six feet (6). .3 Fences or structures over eight feet (8) in height, to enclose a tennis court or other game area within the rear half of the lot, shall be composed of wire mesh or steel mesh, capable of admitting ninety percent (90) of light as measured on a reputable light meter. Such fences shall be permitted to extend to the rear and side lines of the lot if, after investigation by the Planning Commission, it is the opinion of the Commission that such an enclosure shall not constitute a nuisance to abutting property. Said Commission opinion shall be in written form and shall be made a part of the Commission's Official Records. .4 No obstruction between three (3) and eight (8) feet above |