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Title 17 LAND USE CODE [1] Chapters:
Chapter 17.01 - GENERAL PROVISIONS
Chapter 17.02 - DEFINITIONS
Chapter 17.03 - DEVELOPMENT APPLICATIONS, REVIEW AND PROCEDURES
Chapter 17.04 - PUBLIC SERVICE STANDARDS
Chapter 17.05 - ENVIRONMENTAL STANDARDS
Chapter 17.06 - FLOODPLAIN
Chapter 17.07 - ANNEXATION AND VACATIONS
Chapter 17.08 - ABATEMENT OF NONCONFORMING USES
Chapter 17.09 - MONITORING AND ENFORCEMENT
Chapter 17.10 - COMMUNITY DESIGN STANDARDS
Chapter 17.11 - PERFORMANCE DISTRICTS
Chapter 17.12 - MOBILE HOME STANDARDS
Chapter 17.13 - VESTING OF PROPERTY RIGHTS
Chapter 17.14 - FORMS
FOOTNOTE(S):
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Editor's note—Ord. No. 608, §§ 1—7, adopted Mar. 10, 2011, repealed Title 17, which pertained to land use code. For complete derivation see the Ordinance List/Code Comparative Table at the end of this volume.(Back)
Chapter 17.01 GENERAL PROVISIONS17.01.01. Authority and severability.
17.01.02. General rules of interpretation.
17.01.03. Purpose.
17.01.04. Scope—Repeal of prior inconsistent ordinances.
17.01.05. Uniform codes.
17.01.01. Authority and severability.
This code is adopted pursuant to C.R.S. 1973, as amended, Title 31, Article 23, C.R.S. 1973, as amended, and Title 29, Article 20, C.R.S. 1973, as amended. A determination by a court of competent jurisdiction that any section or part of this code is illegal or unconstitutional shall have no effect on the enforcement of any other section or part. Repeal or invalidation of this code or any portion hereof does not annul any permit, easement, covenant, or other private agreement, any conveyance issued or made pursuant hereto, or any lawful action of any board, commission, agent or officer of the Town, acting pursuant to this code.
(Ord. No. 608, § 1, 3-10-2011)
17.01.02. General rules of interpretation.
When used in this code, certain words should be interpreted as follows: the masculine includes the feminine and neuter genders; words in the present tense include the future tense; words in a singular number include the plural number; the word "shall" is mandatory, and the word "may" is permissive.
(Ord. No. 608, § 1, 3-10-2011)
17.01.03. Purpose.
This code is enacted to:
A. Implement the policy recommendations of the Town of Oak Creek Comprehensive Plan Update;
B. Further the developments of Oak Creek and its environs in a manner that will best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy, in the process of development;
C. Protect the social and economic stability of all parts of the Town;
D. Provide adequate provision for traffic;
E. Promote safety from fire, flood waters, and other dangers;
F. Provide adequate provision for light and air;
G. Promote proper urban form and good civic design and arrangement;
H. Preserve the character and important existing historic, cultural, scenic and social values of the Town;
I. Promote wise and efficient expenditure of public funds;
J. Provide adequate public utilities and other public infrastructure;
K. Regulate the location of activities and development which may result in significant changes in population density;
L. Avoid unnecessary or unclear regulation;
M. Protect the tax base of the Town of Oak Creek;
N. Promote adequate provision of affordable housing;
O. Ensure that public facilities and services are available concurrent with development and will have a sufficient capacity and be phased where necessary to serve the proposed development and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures.
P. Encourage the orderly and beneficial development of the community through appropriate growth management techniques by assuring the timing and sequencing of development, promoting infill development in existing neighborhoods and nonresidential areas with adequate public facilities, assuring open space separation of urban areas, and protecting environmentally critical areas from premature urban development.
Q. Regulate the use of land on the basis of the impact thereof on the community.
(Ord. No. 608, § 1, 3-10-2011)
17.01.04. Scope—Repeal of prior inconsistent ordinances.
The provisions of this code shall apply to all land use changes within the Town, including repairs, alterations and redevelopment of existing developments, and in addition thereto, the abatement of nonconforming uses, as more particularly described herein and shall supersede and replace all ordinances of the Town that are inconsistent with this code. Notwithstanding the repeal of any prior ordinance of the Town, any violation of the previous land development regulation of the Town shall continue to be a violation of this code and shall be subject to enforcement hereunder.
(Ord. No. 608, § 1, 3-10-2011)
17.01.05. Uniform codes.
All development applications will be reviewed based on any building, fire protection or other codes currently adopted by the Town or the Oak Creek Fire Protection District.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.02 DEFINITIONSSections:
For the purposes of this code, certain terms or words are herein defined and they shall have the meaning ascribed to them, unless otherwise more specifically defined, or it is apparent from the context that a different meaning is intended. Unless specifically defined below, all words or phrases used in this code shall be interpreted so as to give them the meaning they have in common usage, and to give this code its broadest application.
17.02.01 Accessory dwelling.
17.02.02 Accessory use or structure.
17.02.03 Affordable housing.
17.02.04 Affordable housing unit for rent.
17.02.05 Affordable housing unit for sale.
17.02.06 Agricultural use.
17.02.07 Applicant.
17.02.08 Area of special flood hazard.
17.02.09 Auto-oriented commercial use.
17.02.010 Base flood elevation (BFE).
17.02.010.01 Basement.
17.02.011 Bufferyard.
17.02.012 Building height.
17.02.013 Channel.
17.02.014 Commercial use.
17.02.014.01 Conditional letter of map revision (CLOMR).
17.02.015 Conditional use.
17.02.016 Cottage industry.
17.02.016.01 Critical facility.
17.02.017 Density (gross).
17.02.018 Density (net).
17.02.019 Development.
17.02.020 Dwelling unit.
17.02.021 Duplex.
17.02.021.01 Effective date.
17.02.021.02 FEMA.
17.02.021.03 Fence.
17.02.022 Fill.
17.02.023 Final plan submission.
17.02.024 Reserved.
17.02.025 Flood insurance rate map (FIRM).
17.02.026 Flood insurance study.
17.02.027 Flood or flooding.
17.02.028 Floodplain or flood-prone area.
17.02.029 Reserved.
17.02.029.01 Floodplain administrator.
17.02.029.02 Floodplain development permit.
17.02.029.03 Floodplain ordinance.
17.02.030 Reserved.
17.02.031 Historic structure or building.
17.02.032 Impervious surface.
17.02.033 Industrial use.
17.02.034 Institutional use.
17.02.034.01 Letter of map revision (LOMR).
17.02.034.02 Letter of map revision based on fill (LOMR-F).
17.02.035 Live-work unit.
17.02.036 Lot.
17.02.037 Lowest floor.
17.02.038 Manufactured home.
17.02.039 Manufactured home park or subdivision.
17.02.040 Mixed use building.
17.02.041 Mobile home.
17.02.042 Mobile home park.
17.02.043 Mobile home, permanent foundation.
17.02.044 Multi-family dwelling.
17.02.045 Net buildable area.
17.02.046 New construction.
17.02.047 Non-buildable lot.
17.02.048 Nonconforming lot.
17.02.049 Nonconforming use.
17.02.049.01 No-rise certification.
17.02.050 Obstruction.
17.02.051 Office.
17.02.052 Open space.
17.02.053 Permit authority.
17.02.054 Plat.
17.02.055 Regulations.
17.02.055.1 Residential.
17.02.055.5 Retail marijuana establishment.
17.02.056 Sales-tax-generating commercial.
17.02.057 Setback.
17.02.058 Setback, front yard.
17.02.059 Setback, rear yard.
17.02.060 Setback, side yard.
17.02.061 Sign.
17.02.062 Single-family dwelling.
17.02.063 Site specific development plan.
17.02.064 Snow storage space.
17.02.065 Start of construction.
17.02.066 Structure.
17.02.067 Subdivision or resubdivision.
17.02.067.01 Substantial damage.
17.02.068 Substantial improvement.
17.02.068.01 Threshold planning quantity (TPQ).
17.02.069 Use.
17.02.070 Watercourse.
17.02.070.01 Water surface elevation.
17.02.071 Wetlands.
17.02.01 Accessory dwelling.
"Accessory dwelling" means an independent dwelling unit with sleeping area, bath, and kitchen that is integrated within a single-family dwelling or located in a detached accessory structure, such as garages, carriage houses or agricultural-type outbuildings, located on the same lot as the single-family dwelling. Accessory dwellings shall be limited to six hundred and fifty square feet in floor area. There shall not be more than one accessory dwelling located on a lot in addition to the single-family dwelling. Lots with accessory dwellings shall have one access per lot, unless located on an alley, in which case there may be a maximum of one access from the alley and one from the street.
(Ord. No. 608, § 1, 3-10-2011)
17.02.02 Accessory use or structure.
"Accessory use" or "structure" means a use or structure that is related to, but only secondarily, the principal use or structure located on that site.
(Ord. No. 608, § 1, 3-10-2011)
17.02.03 Affordable housing.
"Affordable housing" means, unless otherwise set forth in an agreement between the Town and applicant, a development project in which: (1) at least seventy-five percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units; (2) at least ten percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of affordable housing unit for rent or affordable housing unit for sale (as applicable); (3) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior to the construction of the market rate units or (ii) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4) the units will be required by binding legal instrument acceptable to the Town and duly recorded with the Routt County Clerk and Recorder, to be occupied by and affordable to low-income households for at least twenty years.
(Ord. No. 608, § 1, 3-10-2011)
17.02.04 Affordable housing unit for rent.
"Affordable housing unit for rent" means a dwelling unit which is available for rent on terms that would be affordable to households earning eighty percent or less of the median income of Routt County residents, as adjusted for family size, and paying less than thirty percent of their gross income for housing, including rent and utilities. The unit must be occupied by and be affordable to such low-income household(s) for a period of at least twenty years.
(Ord. No. 608, § 1, 3-10-2011)
17.02.05 Affordable housing unit for sale.
"Affordable housing unit for sale" means a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty percent or less of the median income of Routt County residents, as adjusted for family size and paying less than thirty-eight percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of at least twenty years or permanently.
(Ord. No. 608, § 1, 3-10-2011)
17.02.06 Agricultural use.
"Agricultural use" means the use and working of land, ground or soil for the production of food and/or fiber, including farming for food or cash crops and the raising of farm animals. Keeping and raising of chickens in accordance with Ord. 600, 2010, and optional grow premises as such may be defined by the state of Colorado shall not be interpreted as agricultural use by this definition.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 1, 5-10-2012)
17.02.07 Applicant.
"Applicant" means any individual, partnership, corporation, association, company or public body, including the federal government, or any political subdivision, agency, corporation or instrumentality of the state of Colorado, applying for a land use approval or flood hazard area permit pursuant to these regulations. An applicant for a land use change approval or development approval must either be the owner or have the right to possess the land for which the approval is sought or submit documents to the Town which evidence that the applicant will become the owner of the land subsequent to approval of the development or will have the right to possession of the land.
(Ord. No. 608, § 1, 3-10-2011)
17.02.08 Area of special flood hazard.
"Area of special flood hazard" means land within the one hundred-year floodplain; i.e., subject to a one percent chance of flooding in any given year.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.09 Auto-oriented commercial use.
"Auto-oriented commercial use" means commercial uses of a property that require automobile access through the development parcel for purposes other than parking, such as drive-thru banks or restaurants or car washes.
(Ord. No. 608, § 1, 3-10-2011)
17.02.010 Base flood elevation (BFE).
"Base flood elevation (BFE)" means the elevation shown on a FEMA flood insurance rate map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood having a one percent chance of being equaled or exceeded in any given year. In the context of this code, base flood is used interchangeably with one hundred year flood, or one percent chance flood.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.010.01 Basement.
"Basement" means any area of a building having its floor sub-grade (below ground level) on all sides.
(Ord. No. 627, § 1, 1-23-2014)
17.02.011 Bufferyard.
"Bufferyard" means required yard areas, plantings and/or structures, such as fencing, which may be required between land uses to eliminate or minimize conflicts between them and to mitigate potential nuisances such as dirt, litter, noise, glare of lights, signs, unsightly buildings, parking areas, odor, or danger from fires or explosions. For example, an intense use such as a junkyard would require considerable buffering where the adjacent use is residential. Essentially, a bufferyard is a setback with required plantings or structures.
(Ord. No. 608, § 1, 3-10-2011)
17.02.012 Building height.
"Building height" means the distance from the existing or finished grade (measured at the lowest point of the structure's footprint), whichever is lowest, to the top of the highest point of the structure's roof.
(Ord. No. 608, § 1, 3-10-2011)
17.02.013 Channel.
"Channel" means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.014 Commercial use.
"Commercial use" means a use of property with its primary purpose to produce income from the sale directly to the public or indirectly to other establishments of goods or services in commerce.
(Ord. No. 608, § 1, 3-10-2011)
17.02.014.01 Conditional letter of map revision (CLOMR).
"Conditional letter of map revision (CLOMR)" means FEMA's comment on a proposed project that does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.
(Ord. No. 627, § 1, 1-23-2014)
17.02.015 Conditional use.
"Conditional use" means a use that is only permitted with approval of the Town Board.
(Ord. No. 608, § 1, 3-10-2011)
17.02.016 Cottage industry.
"Cottage industry" means a commercial business occupation conducted within a single-family residence, where such occupation is clearly secondary to the main residential character of the dwelling unit or the neighborhood, provided that: (1) there is no outside storage of goods or materials, (2) not more than twenty-five percent of the gross floor area of the dwelling unit or thirty-five percent of a single outbuilding is for cottage industry use, (3) the cottage industry employs no more than two persons including its owner, (4) the cottage industry is owned and operated by a person residing in the home, and (5) there is no external display or advertising, except for one sign no larger than two square feet.
(Ord. No. 608, § 1, 3-10-2011)
17.02.016.01 Critical facility.
"Critical facility" means a structure or related infrastructure, but not the land on which it is situated, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
(Ord. No. 627, § 1, 1-23-2014)
17.02.017 Density (gross).
"Density (gross)" means the total number of dwelling units divided by the total acreage contained within the site upon which the dwelling units are proposed to be constructed.
(Ord. No. 608, § 1, 3-10-2011)
17.02.018 Density (net).
"Density (net)" means the total number of dwelling units divided by the total net buildable area of the site upon which the dwelling units are proposed to be constructed.
(Ord. No. 608, § 1, 3-10-2011)
17.02.019 Development.
"Development" means any construction or activity that changes the basic character or topography of the land on which the construction or activity occurs including, but not limited to: any manmade change to improved or unimproved real estate; construction of, or substantial improvement to buildings or other structures; mining, dredging, filling, grading, paving, excavating, drilling, or channel rectification; as well as construction of a dam, wall, embankment, levee, dike, pile, abutment or projection.
(Ord. No. 608, § 1, 3-10-2011)
17.02.020 Dwelling unit.
Dwelling unit means one or more rooms in a structure designed for human occupancy and equipped with a kitchen and a bathroom.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 2, 5-10-2012)
17.02.021 Duplex.
"Duplex" means a single building containing only two separate single-family residential dwelling units, with the two units either side-by-side or in an over-under configuration, where the two units are connected by a common wall a minimum of twelve feet in length.
(Ord. No. 608, § 1, 3-10-2011)
17.02.021.01 Effective date.
"Effective date" means the date upon which final approval is given or other specific date as detailed in such approval and that all fees associated with the application are paid.
(Ord. No. 627, § 1, 1-23-2014)
17.02.021.02 FEMA.
"FEMA" means the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.
(Ord. No. 627, § 1, 1-23-2014)
17.02.021.03 Fence.
"Fence" means any structure constructed of wood, metal, wire, brick, masonry, stone or other solid material that marks a boundary or area.
(Ord. No. 627, § 1, 1-23-2014)
17.02.022 Fill.
Fill means placement of materials of any kind by artificial means.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.023 Final plan submission.
"Final plan submission" means the application and supporting materials required for all developments of major impact by Section 17.03.13(B).
(Ord. No. 608, § 1, 3-10-2011)
17.02.024 Reserved.
17.02.025 Flood insurance rate map (FIRM).
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community, as such map may be amended from time to time. This map number is 08107C0785D with the effective date of February 4, 2005.
(Ord. No. 608, § 1, 3-10-2011)
17.02.026 Flood insurance study.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles for studied flooding sources that can be used to determine base flood elevations for some areas. (Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.027 Flood or flooding.
"Flood" or "flooding" means a general and temporary condition of partial to total inundation of normally dry land areas resulting from an unusual or rapid accumulation of runoff or surface waters from any source; overflow of streams, rivers, or other inland waterways; or mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current.)
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.028 Floodplain or flood-prone area.
"Floodplain" or "flood-prone area" means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from a spillway of a reservoir.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.029 Reserved.
17.02.029.01 Floodplain administrator.
"Floodplain administrator" means the designated individual or, in lieu of a designated individual, the Town Board appointed as floodplain administrator to administer, implement and enforce the provisions of the floodplain ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.
(Ord. No. 627, § 1, 1-23-2014)
17.02.029.02 Floodplain development permit.
"Floodplain development permit" means a permit required before construction or development begins in an area of special flood hazard to ensure that proposed development projects meet the requirements of the National Flood Insurance Program and these regulations.
(Ord. No. 627, § 1, 1-23-2014)
17.02.029.03 Floodplain ordinance.
"Floodplain ordinance" means the ordinance contained in Section 17.06 and referred to as the Town's floodplain management or special flood hazard area regulations.
(Ord. No. 627, § 1, 1-23-2014)
17.02.030 Reserved.
17.02.031 Historic structure or building.
"Historic structure or building" means any principal or accessory structure or building that is in excess of fifty years old.
(Ord. No. 608, § 1, 3-10-2011)
17.02.032 Impervious surface.
"Impervious surface" means surfaces which do not absorb water. Impervious surfaces consist of all buildings, parking areas, driveways, roads, sidewalks and other areas of concrete or asphalt. In the case of lumber yards, areas of stored lumber constitute impervious surfaces.
(Ord. No. 608, § 1, 3-10-2011)
17.02.033 Industrial use.
"Industrial use" means enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Warehousing, wholesaling and distribution of the finished products are allowed. In addition, it shall include trucking and equipment repair facilities, construction and excavation companies, storage facilities, optional grow premises and marijuana-infused products as such may be defined by the State of Colorado, and similar enterprises.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 3, 5-10-2012)
17.02.034 Institutional use.
"Institutional use" means a use that is funded and operated by a government entity or other nonprofit organization and that provides a community-wide or regional service to the public.
(Ord. No. 608, § 1, 3-10-2011)
17.02.034.01 Letter of map revision (LOMR).
"Letter of map revision (LOMR)" means FEMA's official revision of the effective flood insurance rate map (FIRM). LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effect base flood elevations, or areas of special flood hazard.
(Ord. No. 627, § 1, 1-23-2014)
17.02.034.02 Letter of map revision based on fill (LOMR-F).
"Letter of map revision based on fill (LOMR-F)" means FEMA's modification of the areas of special flood hazard shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.
(Ord. No. 627, § 1, 1-23-2014)
17.02.035 Live-work unit.
"Live-work unit" means a mixed-use unit consisting of commercial or light industrial functions and a residential dwelling function, provided that 1) the residential portion of the unit is only occupied by the owner or employees of the commercial or light industrial business occupying the unit; and 2) the business unit employs no more than three persons in addition to the persons residing in the unit; and 3) all parking requirements are satisfied.
(Ord. No. 608, § 1, 3-10-2011)
17.02.036 Lot.
"Lot" means a designated parcel, tract or area of land established by plat or subdivision of at least a sufficient size to meet minimum requirements for use, street frontage coverage and area, and to provide required yards and other open spaces in the performance district in which the lot is located, and which has direct access onto a public or private street.
(Ord. No. 608, § 1, 3-10-2011)
17.02.037 Lowest floor.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.038 Manufactured home.
"Manufactured home" means a single-family dwelling which is partially or entirely manufactured in a factory; is not less than twenty-four feet in width and thirty-six feet in length; is installed on an engineered, permanent foundation; has brick, wood or cosmetically equivalent exterior siding and a pitched roof; and complies with the US Housing and Urban Development or Unified Building Code standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.
(Ord. No. 608, § 1, 3-10-2011)
17.02.039 Manufactured home park or subdivision.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(Ord. No. 608, § 1, 3-10-2011)
17.02.040 Mixed use building.
"Mixed use building" means a building designed, planned and constructed for use partly for residential use and partly for commercial or office uses including, but not limited to, retail, public uses, personal service or entertainment uses.
(Ord. No. 608, § 1, 3-10-2011)
17.02.041 Mobile home.
"Mobile home" means a movable residential dwelling unit manufactured in one or more sections and designed to be transportable after fabrication on its own wheels, attached wheels, or low boy, suitable for year-round occupancy, and containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, plumbing and electric connections provided for attachment to appropriate external systems. Presectionalized, modular or prefab housing which does not meet the definition of a "manufactured home," as defined herein shall be regarded as a mobile home. Each mobile home shall bear a manufacturer's label certifying that the mobile home has been inspected in accordance with the requirements of the Department of Housing and Urban Development and is constructed in conformance with the federal manufactured home construction and safety standards in effect on the date of manufacture.
(Ord. No. 608, § 1, 3-10-2011)
17.02.042 Mobile home park.
"Mobile home park" means a tract or area of land, which may or may not be divided into lots, upon which mobile homes are placed.
(Ord. No. 608, § 1, 3-10-2011)
17.02.043 Mobile home, permanent foundation.
"Mobile home, permanent foundation" shall be of one of the following types that is best suited to the placement, location and soils investigation as per current, adopted building codes:
A. Anchor pier system utilizing at a minimum two-foot round piers. Depth of pier will depend on soil condition. Piers must be at least ten feet apart and parallel;
B. Pad system utilizing at a minimum two foot by two foot pads, eight inches thick. Pads must be at least ten feet apart parallel;
C. Soil could be excavated so as to allow the mobile home to set six inches above grade and supported by cement pads eight inches thick.
D. The mobile home must be positively connected to the foundation, i.e. bolted, welded, clamped and able to sustain a minimum tensile strength of two thousand, eight hundred pounds. Absolute drainage away from the mobile home should also be developed. It is advisable to work with the building inspector on foundation designs.
(Ord. No. 608, § 1, 3-10-2011)
17.02.044 Multi-family dwelling.
"Multi-family dwelling" means a residential building containing three or more dwelling units with independent access to each unit and separate living, kitchen and sanitary facilities.
(Ord. No. 608, § 1, 3-10-2011)
17.02.045 Net buildable area.
"Net buildable area" means the gross site area as determined by actual on-site survey, minus roads, rights-of-way, separate parcels that do not adjoin the rest of the development, land currently used for residential purposes, and environmentally restricted lands.
(Ord. No. 608, § 1, 3-10-2011)
17.02.046 New construction.
"New construction" means structures for which the "start of construction" commenced on or after the effective date of this Land Use Code.
(Ord. No. 608, § 1, 3-10-2011)
17.02.047 Non-buildable lot.
"Non-buildable lot" means a single, twenty-five-foot wide lot that does not meet the minimum dimensions and required square footage for development as set forth in the Land Use Code.
(Ord. No. 608, § 1, 3-10-2011)
17.02.048 Nonconforming lot.
"Nonconforming lot" means a lot which is larger than a single, twenty-five-foot wide lot, but which may have an irregular shape or dimensions and does not meet the minimum dimensions and required square footage for development as set forth in this Land Use Code, but which was legally established prior to the effective date of this Code. Legal nonconforming lots may be allowed to be built upon based on a total square footage percentage ratio utilized by the planning commission.
(Ord. No. 608, § 1, 3-10-2011)
17.02.049 Nonconforming use.
"Nonconforming use" is any activity using land, buildings, signs and/or structures for purposes which were lawfully established prior to the effective date of this code or subsequent amendment to it and which would not be permitted to be established as a new use by the regulations of this code.
(Ord. No. 608, § 1, 3-10-2011)
17.02.049.01 No-rise certification.
"No-rise certification" means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the one hundred year-floodway shown on the flooding insurance rate map (FIRM) or flood boundary and floodway map (FBFM).
(Ord. No. 627, § 1, 1-23-2014)
17.02.050 Obstruction.
"Obstruction" means any development, stockpile, refuse or matter; in, along, across, or projecting into any floodway or flood hazard area which might impede, retard or change the direction of a flow of water in and of itself or by catching or collecting water borne debris.
(Ord. No. 608, § 1, 3-10-2011)
17.02.051 Office.
"Office" means a building or part of a building, designed, intended or used for the practice of a profession, a business, or the conduct of public administration or the administration of an industry that is conducted on another site including the rental, lease or sale of real estate. This shall not include a commercial use, any industrial use, place of amusement or place of assembly.
(Ord. No. 608, § 1, 3-10-2011)
17.02.052 Open space.
"Open space" means land required by this Code to remain undeveloped for passive recreation, agriculture and resource protection uses. Open space land shall not include driveways, streets or parking areas.
(Ord. No. 608, § 1, 3-10-2011)
17.02.053 Permit authority.
"Permit authority" means the Board of Trustees of the Town of Oak Creek, Colorado.
(Ord. No. 608, § 1, 3-10-2011)
17.02.054 Plat.
"Plat" means a map and supporting materials prepared in accordance with Section 17.03.013 (C) as an instrument for recording of real estate interests with the county Clerk and recorder.
(Ord. No. 608, § 1, 3-10-2011)
17.02.055 Regulations.
"Regulations" mean the regulations adopted by the ordinance codified in this section and title.
(Ord. No. 608, § 1, 3-10-2011)
17.02.055.1 Residential.
"Residential" means the use of land for housing and related accessory structures and uses.
(Ord. No. 616, § 4, 5-10-2012)
Editor's note— Ord. No. 616, § 4, adopted May 10, 2012, set out provisions that were not specifically amendatory. At the editor's discretion, these provisions have been included as § 17.02.055.1.
17.02.055.5 Retail marijuana establishment.
"Retail marijuana establishment" means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility, or a retail marijuana testing facility as set forth in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code.
(Ord. No. 625, § 1(1), 8-22-2013)
17.02.056 Sales-tax-generating commercial.
"Sales-tax-generating commercial" means a commercial use that generates sales tax through the sale of goods.
(Ord. No. 608, § 1, 3-10-2011)
17.02.057 Setback.
"Setback" means the required unoccupied and undeveloped space between the nearest projection of a structure and the property line of the lot on which the structure is located.
(Ord. No. 608, § 1, 3-10-2011)
17.02.058 Setback, front yard.
"Setback, front yard" means the distance a building or structure must be placed from the front lot line.
(Ord. No. 608, § 1, 3-10-2011)
17.02.059 Setback, rear yard.
"Setback, rear yard" means the distance a building or structure must be placed from the rear lot line.
(Ord. No. 608, § 1, 3-10-2011)
17.02.060 Setback, side yard.
"Setback, side yard" means the distance a building or structure must be placed from the side lot line.
(Ord. No. 608, § 1, 3-10-2011)
17.02.061 Sign.
"Sign" means any object, device, display, structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, state, city, religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields.
(Ord. No. 608, § 1, 3-10-2011)
17.02.062 Single-family dwelling.
"Single-family dwelling" means a dwelling designed for, or used as a dwelling unit exclusively by one family as an independent housekeeping unit. A single-family unit contains no more than one dwelling unit and does not include mobile homes.
(Ord. No. 608, § 1, 3-10-2011)
17.02.063 Site specific development plan.
"Site specific development plan" shall mean a plan that has been submitted to the Town by an applicant or applicant's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, when approved as a site specific development plan by the Board by ordinance.
(Ord. No. 608, § 1, 3-10-2011)
17.02.064 Snow storage space.
"Snow storage space" means an area within a parcel or parcels of property designed and intended for use as base where snow may be pushed or stored in order to clear roadways, sidewalks, and parking areas.
(Ord. No. 608, § 1, 3-10-2011)
17.02.065 Start of construction.
"Start of construction" means and includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.066 Structure.
"Structure" means, generally, a walled and roofed building, including a gas or liquid storage tank, normally above ground and permanently or temporarily affixed to a site, including earth sheltered structures, open pavilions, mobile and manufactured homes, or any other structure requiring a permanent foundation.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.067 Subdivision or resubdivision.
A. "Subdivision" or "resubdivision" means any subdivision or redivision of a subdivision, tract, parcel, or lot of land into two or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries. Unless the method of disposition or division is adopted for the purpose of evading this code, the term "subdivision" and "resubdivision" shall not apply to any division of land:
1. Which is created by order of any court in this state or by operation of law;
2. Which is created by a lien, mortgage or deed of trust or any other security instrument;
3. Which creates cemetery lots;
4. Which creates an interest of interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; and
5. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common in any such interest shall be deemed for purposes of this section as only one interest.
B. The Town Board may exempt from this definition any division of land if the board determines that such division is not within the purpose of this code.
(Ord. No. 608, § 1, 3-10-2011)
17.02.067.01 Substantial damage.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure just prior to when the damage occurred.
(Ord. No. 627, § 1, 1-23-2014)
17.02.068 Substantial improvement.
"Substantial improvement" means any repairs, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the current fair market value of the structure before that "start of construction" of the improvement. This includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term "substantial improvement" does not however, include:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
B. Any alteration of a structure listed on the National Register of Historic Places or on the Colorado State Historical Society's List of Historic Places.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.02.068.01 Threshold planning quantity (TPQ).
"Threshold planning quantity (TPQ)" means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the state that such facilities are subject to emergency planning requirements.
(Ord. No. 627, § 1, 1-23-2014)
17.02.069 Use.
"Use" means any manmade or man caused activity or structure existing on a parcel of land, whether that activity or structure is permanent or temporary.
(Ord. No. 608, § 1, 3-10-2011)
17.02.070 Watercourse.
"Watercourse" means a natural or artificial channel, depression, wash, slough, gulch, arroyo, stream, creek, or drainage way capable of containing or conveying water continuously, intermittently or periodically.
(Ord. No. 608, § 1, 3-10-2011)
17.02.070.01 Water surface elevation.
"Water surface elevation" means the height, in relation to the North American vertical datum (NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. No. 627, § 1, 1-23-2014)
17.02.071 Wetlands.
"Wetlands" are those areas which may be subject to the jurisdiction of the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act, P.L. 92-500, as amended.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.03 DEVELOPMENT APPLICATIONS, REVIEW AND PROCEDURESSections:
17.03.01 Introduction.
17.03.02 Regulations waived.
17.03.03 Applications for land use changes - categories.
17.03.04 Exemptions.
17.03.05 Land use changes of no impact.
17.03.06 Land use changes of minor impact.
17.03.07 Land use changes of major impact.
17.03.08 Applications for land use changes - how reviewed.
17.03.09 Public notice provisions.
17.03.010 Pre-application work session.
17.03.011 Review procedure for land use changes of no impact.
17.03.012 Review procedure for land use changes of minor impact.
17.03.013 Review procedure for land use changes of major impact.
17.03.014 Expiration of land use change approvals.
17.03.015 Renewal of land use change approvals.
17.03.016 Standards by which the planning commission and the Board of Trustees will be guided.
17.03.017 Conditional use review criteria.
17.03.018 Review process chart.
17.03.01 Introduction.
It is the purpose of this section to classify all proposed land use changes within the Town of Oak Creek, establish the level of review necessary for each category of land use change, and establish the application, review, and approval process for regulated land use changes.
(Ord. No. 608, § 1, 3-10-2011)
17.03.02 Regulations waived.
If it is deemed by the board that the regulations found in this chapter cause an undue hardship on a property, it can waive said regulations on a case by case basis if one or more of the following findings are met by the proposed development, or if warranted by other extenuating circumstances as determined by the board:
A. Infilling. If the proposed development is infilling vacant and undeveloped properties in performance districts 1, 2, or 7, standards may be waived to accommodate new construction. In addition to development standards, dedications of public land and water may be waived.
B. Affordable Housing. If the proposed development is providing affordable housing as defined herein, standards may be waived to accommodate construction of the proposed affordable residential units. In addition to development standards, dedications of public land and water may be waived.
(Ord. No. 608, § 1, 3-10-2011)
17.03.03 Applications for land use changes - categories.
No person shall engage in any land use change without first obtaining the approvals required by this code. A land use change is a change in the actual use of land or improvements thereon. Approvals for land use changes within the Town are divided into categories: (1) land use changes having no significant impact; (2) land use changes having minor impact; and (3) land use changes having major impact. These categories, and activities exempt from the permit process, are defined as follows.
(Ord. No. 608, § 1, 3-10-2011)
17.03.04 Exemptions.
Certain activities or development may be exempt from development permit review. Exemption does not exempt any development or its use from any other applicable requirement of this Code or the requirement to obtain a building permit and certificate of occupancy. Any person may request a written determination from the Town Board regarding whether a specific proposed development is exempt from one or more of the review processes contained in this article. Exemptions are as follows:
A. Internal modification to commercial, industrial, multi-family, and mixed use structures. An alteration, modification, or change of a commercial, industrial, multi-family or mixed-use structure that is internal to the structure, or does not alter or affect the exterior of the structure.
B. Agricultural practices. Agricultural practices in conformance with the applicable performance district.
C. Temporary emergency measures. A temporary emergency measure necessary for the safety or protection of persons or property as determined by the Town Board.
D. Tents. Erection of a tent or other fabric shelter having an area less than two hundred square feet, or a canopy less than four hundred square feet for a period of time not to exceed twenty-one days, provided that such tent or structure is not utilized for any retail or commercial use.
E. Routine maintenance. Maintenance of property and structures for the purposes of routine upkeep that does not result in noncompliance with this Code. Routine maintenance does not include maintenance that modifies any approved development permit, regardless if a building permit is required. Examples of routine maintenance include, but are not limited to, roof replacement when the same or substantially similar materials are utilized, re-siding when the same siding materials are utilized, or replacement of existing facilities such as parking lots or trails when the same alignment/square footage will be maintained. Routine maintenance does not include development that requires review and approval of a minor or major land use change.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.03.05 Land use changes of no impact.
These will be reviewed administratively by the Town Public Works Director, Town Clerk, and the District Fire Chief within the scope of their authority in accordance with the current adopted Uniform Fire and Building Codes in all cases and selected sections of this Code where specifically referenced, and
require no review by the planning commission and the Board of Trustees unless requested by the Public Works Director, Town Clerk, and/or the District Fire Chief (see Section 17.03.11), and include:
A. Fences, culverts and walls (other than building walls);
B. Foot bridges for private use;
C. Private swimming pools;
D. Porches and house additions set back from the lot line within the distances required for that housing type and/or of a height less than twenty-five feet from existing grade at the highest point and meeting all other requirements of this Code;
E. Sidewalks and walkways;
F. Construction of garages or outbuildings equal to or less than the height or bulk of the primary structure and within the distances required for setbacks for the associated housing type and meeting all other requirements of this Code;
G. Placement of a mobile home in an approved mobile home park (see Section 17.12);
H. Construction of any one single-family dwelling unit on a legal parcel if sited within the distances required for setbacks and in compliance with all other requirements of this Code;
I. Short-term events. An outdoor event that takes place on public or private property including but not limited to special events and sales.
J. Changes in use of an existing commercial or industrial development or relocation of an existing commercial or industrial use within Performance Districts 2 or 7 only if all of the following conditions exist:
1. The proposed use does not substantially differ from the previous use of a building or land.
2. The proposed structure will be located in an existing structure.
3. The proposed business does not require exterior change.
4. The proposed use conforms to all applicable provisions of the Land Use Code, utility rules and regulations and the Oak Creek Municipal Code.
5. The proposed use conforms generally to the Oak Creek Comprehensive Plan and its components.
K. Changes in use of an existing commercial or industrial development within Performance District 1 only if all of the following conditions exist:
1. The proposed use is not from a retail or commercial use to residential uses;
2. The proposed use does not change to industrial;
3. The proposed business will be located in an existing structure;
4. The proposed business does not require exterior change;
5. The proposed use conforms to all applicable provisions of the land use code, utility rules and regulations and the Oak Creek Municipal Code;
6. The proposed use conforms generally to the Oak Creek Comprehensive Plan and its components.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.03.06 Land use changes of minor impact.
These require only one review each by the planning commission and the Board of Trustees and include:
A. Construction of garages or outbuildings having a height or bulk greater than the primary structure or proposed for construction closer to the lot line than allowed by the setback requirements for the associated housing type or if not in compliance with any other requirements of this code;
B. Porches and house additions to be constructed closer to the lot line than allowed by the setback requirements for the associated housing type or not meeting any other requirements of this code;
C. Construction of any one single-family or duplex dwelling unit on a legal parcel if proposed for construction closer to the lot line than allowed by the setback requirements or if not in compliance with any other requirements of this code;
D. Construction of a duplex;
E. Establishment of a cottage industry;
F. Residential subdivision of no more than two parcels;
G. Construction of an accessory dwelling unit;
H. Construction of a live-work unit;
I. Changes in use of existing commercial or industrial developments within Performance Districts 2 or 7, if:
1. The proposed business will be located in an existing structure; and
2. One or more of the following conditions exist:
a. The development will require exterior change;
b. The proposed use does not meet the dimensional standards of the associated performance district or other requirements of this code;
c. The proposed use substantially differs from the previous use of a building or land or where such change in use may result in different parking requirements, access or circulation patterns, traffic impacts, drainage patterns, building configurations, lighting, or generation of noise, heat, glare, vibration, smoke, odor, dust, or lighting.
J. Changes in use in Performance District 1 that are not exempt, no impact or major impact.
K. Establishment of any new commercial or industrial use if the proposed use will be located in a new structure.
L. Establishment of any new medical marijuana or retail marijuana establishment business if:
1. The proposed business meets the applicable criteria of Title 5 of the Oak Creek Municipal Code; and
2. Meets the applicable criteria for commercial uses located in the same performance district.
3. Is not operated as a home occupation or cottage industry.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012; Ord. No. 625, § 1(2), 8-22-2013)
17.03.07 Land use changes of major impact.
These require review by the planning commission and the Board of Trustees and include:
A. Establishment of junk yards;
B. Subdivision into three or more parcels;
C. Construction of a triplex or multi-family dwellings, including townhomes and condominiums;
D. Establishment or enlargement of a mobile home park;
E. Annexation of land;
F. Public and quasi-public buildings (fire, school, police, etc.).
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.03.08 Applications for land use changes - how reviewed.
The purpose of the following sections is to outline the procedures that the Town will use in evaluating applications for land use change approvals.
(Ord. No. 608, § 1, 3-10-2011)
17.03.09 Public notice provisions.
A. The following types of notice shall be used to notify the public of land use change applications submitted to the Town for consideration and decision. The applicant shall be responsible for all costs of such notice.
B. Notice by publication in newspaper. The Town Clerk shall give notice of any public hearing required as follows:
1. Notice shall be given to potential interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than fifteen days prior to the hearing for Land Use Changes of Minor Impact and not less than thirty days for Land Use Changes of Major Impact.
2. This notice shall state the date, time and place of the hearing, reasonably identify the lot, parcel or property that is the subject of the application or appeal and give a brief description of the action requested or proposed.
C. Surrounding property owner notice. Where required by statute or this code to give notice to surrounding property owners, the Town Clerk shall notify, at the applicant's expense, surrounding property owners by mailing a written notice by first-class mail to those persons who have listed for taxation any real property located within three hundred feet of the lot, parcel or property area that is the subject of the application or appeal. Notification of surrounding property owners shall be mailed no later than fifteen days before the planning commission hearing for a land use change of minor impact or thirty days before the planning commission hearing for a land use change of major impact.
D. Notice by property posting.
1. If notice by posting of the property is required by statues or this code, such notice shall occur by prominently posting signs on the property that is the subject of the proposed action. Such signs shall be posted no less than fifteen days prior to the hearing for land us change of minor impact and no less than thirty days prior to the hearing for land use change of major impact and shall be easily legible from the nearest public streets. For projects that include more than one lot or one acre, the Town Clerk may require additional signs to be posted.
2. Posting shall be required for all applications for land use changes of minor impact and all applications for land use changes of major impact.
3. The Town Clerk shall cause to be prepared, and the applicant shall post signs upon the parcel under consideration which provide notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel by physical address, legal description or by Routt County Assessor parcel number.
4. The applicant shall submit an affidavit of posting in the form provided by the Town Clerk prior to the scheduled meetings and hearings confirming that the property was properly posted.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 5, 5-10-2012)
17.03.010 Pre-application work session.
Applicants may request a pre-application worksession with the planning commission and Board of Trustees to determine the appropriate level of review and to discuss submittal requirements. The Town Clerk will schedule the pre-application worksession on the next available agenda. All other applicants may request an optional pre-application work session with the planning commission.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.03.011 Review procedure for land use changes of no impact.
Land use changes of no impact, as listed above, need not be reviewed by the planning commission or Board of Trustees. However, before doing the work, the land owner shall first submit Form D-1, Application for Land Use Change of No Impact, and such other information required by this code for a complete application and obtain administrative approval from the Town Public Works Director, Town Clerk and District Fire Chief. Such administrative approval or denial shall be issued within fifteen days of receipt of a complete application.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.03.012 Review procedure for land use changes of minor impact.
A. Application: Applicant submits Form D-2, Application for Minor Land Use Change, to the Town Clerk accompanied by the review fee on file with the Town Clerk and such other information required by this code for a complete application.
B. The Town Clerk shall notify surrounding property owners as specified in Section 17.03.09.C and shall forward referrals to appropriate referral agencies including but not limited to the Town Public Works Department, Oak Creek Fire Protection District, RE3-J School District, State of Colorado Division of Wildlife, Colorado State Engineer, or Colorado Geologic Survey no less than fifteen days in advance of the planning commission meeting.
C. Town Clerk submits completed Form D-2 to planning commission a minimum of one week before scheduled public hearing.
D. Planning commission public hearing on application: After receipt of all application materials, the Town Clerk shall set the matter for public hearing before the planning commission. The planning commission shall consider the application at the public hearing and forward its recommendation to approve, deny or approve as a conditional use. Conditional uses may be permitted subject to such conditions and limitation as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria listed in Section 17.03.017. As part of the conditional use approval, the planning commission may recommend that the board grant the conditional use approval for a limited time period and/or require periodic reviews of the development once completed to ensure compliance with the approved conditions.
E. Board of Trustees public hearing and action on application. The Board of Trustees shall consider the application and recommendation of the planning commission at a public hearing and make a decision thereon within thirty days of such public hearing; provided that during this time, the board determines that the application should be for a major land use change, in which case the procedure in Section 17.03.013 shall be followed. The board may place any conditions upon its approval, including without limitation, submission of performance bonds, deed restrictions, and improvement agreements.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 6, 5-10-2012)
17.03.013 Review procedure for land use changes of major impact.
A. Conceptual plan stage.
1. Application. Applicant submits Form D-3, Application for Major Land Use Change, to the Town Clerk, accompanied by the review fee on file with the Town Clerk and such other information required by this code for a complete application. Applications for annexations, establishment or enlargement of mobile home parks, multi-family dwellings, and residential subdivisions shall also be accompanied by a fiscal impact analysis in accordance with Section 17.07.01(H)(2).
2. The Town Clerk shall notify surrounding property owners as defined in Section 17.03.09(C).
3. Town Clerk submits completed Form D-3 to planning commission a minimum of one week before scheduled public hearing.
4. Referral and Review.
a. After receipt of all application materials, the planning commission may require review and recommendations from the Routt County Building Inspector, Town Public Works Director, the Town consulting engineer or other professional consultants or local, state, or federal agencies and shall be responsible for all fees pertaining to the same.
b. For annexation applications, the Town Clerk shall forward to the following applicable entities, one copy of each form to the following agencies. All referral agencies must forward their comments on the conceptual plan to the Town in thirty days.
i. Routt County Planning Department;
ii. Oak Creek Fire Protection District
iii. RE3-J School District;
iv. State of Colorado Division of Wildlife;
v. Colorado State Engineer;
vi. Colorado Geological Survey;
vii. Other persons or agencies required by the Board of Trustees.
5. Planning commission Public Hearing on Application. The Town Clerk shall set the matter for public hearing before the planning commission, at which time the planning commission shall consider the application and forward its recommendation to approve, deny or approve as a conditional use, or request a revised conceptual for further review. Conditional uses may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The conditional use criteria listed in Section 17.03.017 will be used to review applications for conditional uses. As part of the conditional use approval, the planning commission may recommend that the board grant the conditional use approval for a limited time period and/or require periodic reviews of the development once completed to ensure compliance with the approved conditions. If the planning commission determines additional
information from the applicant or any review agency is required prior to its action, the public hearing shall be continued until such information has been received. The applicant is responsible for the above costs incurred by the Town.
6. Board of Trustees' public hearing and action. Upon receipt of the recommendation of the planning commission on the conceptual plan submission, the Town Clerk shall set the matter for public hearing before the Town Board. The Board of Trustees must act upon the conceptual plan submission within thirty days of the public hearing before the board, unless additional information is required, in which case the board must act within thirty days of its receipt. At any time during the review process, the board may elect to employ professional consultants to assist the board in its review of the application. The total cost of such consultants shall be paid by the applicant and the applicant shall be involved as to the projected fees for such services and consulted as per the applicant's intent to continue the application based on such information.
7. Significance of Conceptual Plan Approval. Approval of a conceptual plan shall constitute approval of the general development concept only and shall not constitute approval of any detailed design engineering of submittals or proposed solutions to specific problems revealed in the review process. Upon approval of the conceptual plan, the applicant shall proceed with the preparation of the final plan in accordance with Section 17.03.013(B). Failure to proceed with the final plan application within twelve months of conceptual plan approval shall require the applicant to commence the conceptual plan review procedure again, provided however, that for good cause shown, the board may extend the time period for filing the final plan application. The final plan application may be submitted in stages consistent with a master development plan outlined at the conceptual plan stage, if such master plan was approved by the Board of Trustees in connection with conceptual plan review.
8. Significance of Disapproval of Conceptual Plan. Disapproval of the conceptual plan terminates the review process, which may only be reinitiated by making application, as described at Section 17.03.013.
B. Final plan stage.
1. Application. Applicant submits updated fiscal impact analysis (if new information has become available) to the Town Clerk. Applicant submits to the Town Clerk review fee and a retainer determined by the Town Clerk for which all fees associated with the final application, including but not limited to engineering fees, professional planner fees, etc., shall be billed against said retainer. Review fee shall be in accordance with the Fee Schedule approved by the Town Board and kept on file with the Town Clerk and such other information required by this dode for a complete application.
2. Referral and Review. Within five days of receipt of the completed final plan submission materials, the Town Clerk shall forward to the following applicable entities, one copy each of the following:
a. Public Works Director;
b. Town consulting engineer;
c. Oak Creek Fire Protection District;
d. Colorado Geological Survey;
e. Other persons or agencies as required by the Board of Trustees;
3. All referral agencies must forward their comments on the final plan to the Board of Trustees within thirty days.
4. Public Hearing. After receipt of all application materials, the Town Clerk shall set the matter for public hearing before the planning commission. The planning commission shall consider the application at a public hearing and shall forward a recommendation to approve, deny or approve with conditions to the Board of Trustees. If the planning commission determines additional information from the applicant or any review agency is required prior to its action, the public
hearing shall be continued until such information has been received. The applicant is responsible for the above costs incurred by the Town.
5. Action by the Board of Trustees. After receipt of the recommendation of the planning commission, the Board of Trustees shall consider the application at a public hearing. The board must act upon the final plan within thirty days of the public hearing before the board, unless additional information is required, in which case the board must act within thirty days of its receipt. The board may place any conditions upon its approval, including without limitation, submission of as-built drawings, performance bonds and deed restrictions.
C. Technical Filing Requirements. If the final plan submission is approved, the applicant shall submit properly notarized plats, engineering drawings, and other documents as required by the Town. The Town will not accept the dedication of roads or maintenance until the technical filings and other applicable requirements under this code have been complied with to its satisfaction. The final plan or plat may contain all of the information required by the conceptual plan as well as the following:
1. Locations of Monuments. Locations of iron pin monuments one-half inch in diameter and thirty inches long as set in concrete at least five inches in diameter. These shall be located in the ground at all intersections of sidelines of streets and alleys with platted boundary lines and at all points on streets, alleys, or boundary lines where there is a change of direction or curvature or intersection of such lines. All monuments shall be properly set in the ground to existing grade before the final plan is approved. If existing grade is different than final grade, then a temporary monument will be allowed until such time as final grade is established at which time a permanent monument shall be installed.
2. Engineer Certification. Certification by a registered professional engineer or land surveyor to the effect that the final plan represents a survey made by him and that the monuments shown thereon actually exist as located and that all dimensions and other details are correct.
3. Notary Statement. Notarized certification by the owner or owners of the adoption of the final plan.
4. Approval of Improvements. Approval by the Town Public Works Director, Consulting Engineer, public utilities, and other appropriate authorities concerned with the specifications and inspection of utility rights-of-way, installations and improvements.
5. Deed Restrictions or Protective Covenants. A letter shall accompany the final plan attesting to the recording of deed restrictions or protective covenants, which shall not appear on the face of the plat.
6. Public Land. A conveyance to the school district of land set aside for schools and to the Town of land set aside for parks, playgrounds or other public uses and a dedication of streets, alleys and other public rights-of-way for public purposes shall accompany the final plan. Approval of a plat shall not be deemed to constitute or affect an acceptance by the public of any street or other open space shown upon the plat. Such acceptance, if any, shall be given by action of the board.
7. Performance Bond. A performance bond to secure to the Town the actual construction and installation of an improvement where such an improvement is not installed.
8. Certificate of the Town Clerk of approval by the board and action by the board on an offer of dedication.
9. Certificate of the county recorder as to taxes.
10. Line of high water to be shown on the final plan should the subdivision adjoin a stream channel, irrigation ditch or other body of water.
11. Boundary Lines. The boundary lines with accurate angles, bearings and distances and the widths of all existing or recorded streets intersecting the boundary of the tract. All dimensions shall be determined by an accurate field survey which must balance and close within limit of one in five thousand.
12. Relationship to Known Monument. True bearings and distances to the nearest established street lines or official monuments which shall be accurately described on the plat and municipal, township, county or section lines accurately related to the lines of the subdivision by distances and bearings.
13. The length of all arcs and radii, internal angles, points of curvature and lengths and bearings of tangents.
14. All easements as approved by public utilities.
15. All lot lines and other parcels of land with accurate dimensions in feet and hundredths of a foot with bearings or angles to street and alley lines. Lot dimensions shall close to one in five thousand.
16. Identification. All lots and blocks shall be numbered in an acceptable manner.
17. Cross sections of typical proposed streets showing widths of roadways, location and widths of sidewalks, gutters, etc.
18. Profiles. Profiles to a suitable scale of streets and alleys and to the satisfaction of the Town engineer. One tracing and one print of the same shall be required.
19. The final plan shall be accompanied by a certificate from the county Treasurer that taxes have been paid and that no delinquent taxes, liens, etc., are assessed against the property; and proof of title by an abstract of the title or the title insurance policy.
20. Subdivision Improvements Agreement in a form prescribed by the Town to secure the construction of improvements as are required by the Town and shall include collateral acceptable to the Board of Trustees.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, §§ 7—9, 5-10-2012)
17.03.014 Expiration of land use change approvals.
Every approval for a change in land use shall expire upon the first occurrence of the following events:
A. Three years from its effective date, unless application for a building permit is made within the term of the land use change approval or unless application for renewal of the land use change approval is approved, pursuant to this Chapter; or
B. Upon expiration of the building permit for such development if such expiration occurs more than three years following the effective date of the land use change permit; or
C. Upon abandonment of the land use change, if such abandonment occurs at least three years following the effective date of the land use change permit. Abandonment shall be defined as the date one year after the last significant progress toward the construction of the development occurred. Abandonment shall be determined at the sole discretion of the Routt County Building Official and such determination may be appealed pursuant to Section 17.09.06.
D. Nothing herein shall result in a site specific development plan approval or in a vesting of property rights except where the result is a development agreement which specifically provides for the vesting of property rights or as may be allowed per Chapter 17.13.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 10, 5-10-2012)
17.03.015 Renewal of land use change approvals.
A. A land use change approval may be renewed for a period not to exceed one year from its expiration date or abandonment date, whichever is later, by the planning commission. Application for renewal shall be submitted to the Town Clerk at least thirty days before the planning commission meeting at which it is to be reviewed, and which shall be accompanied by the applicable renewal fee and such other information required by this code for a complete application.
B. For a land use change of no impact, the renewal request shall follow the procedures set forth in Section 17.03.011. For land use changes of minor impact, the renewal request shall follow the procedures set forth in Section 17.03.012. For land use changes of major impact, the renewal request shall follow procedures set forth in Section 17.03.013.
C. In granting a renewal of the land use change approval, the planning commission or Town Board may add, delete or modify any terms and conditions of the approval, in accordance with the Municipal Code and the Town's goals and policies then in effect.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 11, 6-19-2012)
17.03.016 Standards by which the planning commission and the Board of Trustees will be guided.
In reviewing all applications for development approvals, the planning commission and Board of Trustees shall be guided by the compatibility of the proposed land use with adjacent land uses and by the following additional considerations:
A. Conformance of the proposed land use change with the policies and principles in the Oak Creek Comprehensive Plan Update, pursuant to C.R.S., 1973, Section 31-23-203;
B. Conformance with the requirements and performance standards established in this code;
C. Preservation of the health, safety and welfare of the citizens of the Town of Oak Creek, Colorado.
(Ord. No. 608, § 1, 3-10-2011)
17.03.017 Conditional use review criteria.
The Town shall use the following criteria to evaluate applications for conditional uses:
A. The conditional use will satisfy all applicable provisions of the land use code unless a variance is being requested.
B. The conditional use will conform with or further the goals, policies and strategies set forth in the Town of Oak Creek Comprehensive Plan Update.
C. The conditional use will be adequately served with public utilities, services, and facilities (i.e. water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.
D. The use shall comply with all applicable Town, county and state environmental laws. The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.
E. The conditional use is compatible with existing uses in the area and permitted uses in the district and will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district.
F. The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site. The amount and configuration of on-site parking is appropriate to the conditional use.
G. Site lighting will provide adequate security, which does not negatively impact adjacent properties and is not excessive.
H. Outdoor activity and storage areas are screened from public view and are oriented away from any existing adjacent uses that would be negatively impacted.
I. Service areas, such as trash, loading docks and delivery areas, are screened from public view, oriented away from adjacent uses that would be negatively impacted and are not the visual focal point of a driveway or parking area.
J. Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts, as applicable:
1. Traffic;
2. Parking;
3. Snow storage;
4. Activity levels, intensity of use;
5. Light;
6. Noise;
7. Odor;
8. Building type, style and scale;
9. Hours of operation;
10. Emission of dust, heat, glare, vibration, smoke, and odors; and
11. Erosion control.
(Ord. No. 608, § 1, 3-10-2011)
17.03.018 Review process chart.
Requirements for all applications prior to processing:
Submittal of a complete application (application
completeness to be determined by Town Clerk
Payment of all required feesPre-application meeting with
Town Clerk to review approval process and submittal
requirements (recommended)
Key BP - Building Permit
TC - Town Clerk
PC - Planning Commission PWD - Public Works Director
BOT - Board of Trustees DFC - District Fire Chief
BOA - Board of Adjustment ROW - Public Right of Way
Approval Requested
Notice Requirements
Approval Authority
Required
Public Meetin
g and/or Public Hearin
g
Appeals
Final Document-
ation Notes
Mailed
Posted
Published
Referral
Building
Permit
Sign-off
TC, PWD and DFC
None BOA BP issuance
Land Use
Change ofNo
Impact
TC, PWD and DFC
No Public
Meeting or
Public Hearin
g - Administrative Review
by Public Works Director, Town
Clerk and
District Fire
Chief - Approv
al or Denial issued
PC and BOT as request
ed by TC,
PWD and/or
DFC
Letter from TC Application includes Form
D-1 & Land Use Checklist; Signs reviewed under
Section 17.10.011 use this process
within 15 days
of receipt
of comple
te applica
tion
Land Use
Changes of Mino
r Impa
ct
15 days prior to PC publi
c heari
ng
15 days prior to PC and BOT publi
c hearings
15 days prior to PC and BOT publi
c hearings
15 days prior to PC publi
c heari
ng
BOT after review and
recommendati-on by PC
PC - Public Hearin
g (recommendation to BOT)BOT - Public Hearing (final decisio
n within
30 days of
public hearing
)
District Court
Letter from TC and recordation
of subdivision plat, if
applicable
Application includes Form
D-2 & Land Use Checklist
Land Use
Changes of Majo
r Impact -
Conceptua
30 days prior to PC publi
c heari
ng
30 days prior to PC and BOT publi
c heari
30 days prior to PC and BOT publi
c heari
30 days prior to PC publi
c heari
ng
BOT after review and
recommendati-on by PC
PC - Public Hearin
g (recommendation to BOT)BOT-
Public
District Court
Letter from TC; record BOT Resolution
(annexation) and/or BOT
req'd Agreements
Application includes Form
D-3 & Land Use Checklist;
Approval valid for 12 months
l ngs ngs
Hearing (final decisio
n within
30 days of
public hearing unless add'l
information req'd and then
within 30 days
of receipt of add'l information)
Land Use
Changes of Majo
r Impact -
Final Plan
30 days prior to PC publi
c heari
ng
30 days prior to PC and BOT publi
c hearings
30 days prior to PC and BOT publi
c hearings
30 days prior to PC publi
c heari
ng
BOT after review and
recommendati-on by PC
PC - Public Hearin
g (recommendation to BOT)BOT - Public Hearing (final decisio
n within
30 days of
District Court
Letter from TC; record
subdivision plats and/or
BOT req'd Agreements
Application includes Form
D-3 & Land Use Checklist; Requires
Conceptual approval
public hearing unless add'l
information req'd and then
within 30 days
of receipt of add'l information)
Flood Hazar
d Area
Permit
BOT
BOT - Public
Meeting
District Court
Flood Hazard Area Permit is
issued
Vacation of
ROW or
Public
Utility
Easement
15 days prior to PC publi
c heari
ng
15 days prior to PC and BOT publi
c hearings
15 days prior to PC and BOT publi
c hearings
15 days prior to PC publi
c heari
ng
BOT
PC - Public
Meeting
(recommendation to BOT)BOT - Public Hearing (final decisio
n)
District Court
Record Ordinance and Publish Notice of Ordinance
Adoption
May apply to a dedication of a ROW or Public
Utility Easement
Variances
30 days
30 days
30 days
30 days
BOA BOA - Public
District Letter from TC
prior to
BOA publi
c heari
ng
prior to
BOA publi
c heari
ng
prior to
BOA publi
c heari
ng
prior to
BOA publi
c heari
ng
Hearing
Court
(Ord No. 616, § 12(Exh. A), 5-10-2012)
Chapter 17.04 PUBLIC SERVICE STANDARDSSections:
17.04.01 General.
17.04.02 Streets.
17.04.03 Water.
17.04.04 Sewer.
17.04.05 Electric system.
17.04.01 General.
A. The process for preliminary and final acceptance of public improvements required to be constructed in any development, including drainage, erosion control, and landscape improvements, shall be set forth in an improvements agreement between the Town and applicant. Public improvements shall be secured by a letter of credit or other security as approved by the Town Board.
B. Qualified Professionals. All infrastructure, including drainage facilities and slope stabilization measures, shall be designed by a Colorado licensed engineer.
(Ord. No. 608, § 1, 3-10-2011)
17.04.02 Streets.
A. Curb and Gutter. All new residential, commercial, and industrial developments must provide adequate pedestrian and vehicular access. All vehicular streets dedicated to the Town must be constructed with cement curbs and gutters on both sides of the traveled roadway, and be paved to the specifications approved by the Town.
B. Collector Streets. All streets serving fifty or more dwelling units. Collector streets shall be designed to provide a traveled roadway forty-eight feet in width between curbs and a total dedicated street right-of-way sixty feet in width.
C. Minor Streets. All streets serving from sixteen to forty-nine dwelling units, inclusive. Minor streets shall be designed to provide a traveled roadway forty-eight feet in width between curbs and a total dedicated street right-of-way sixty feet in width.
D. Lanes. All streets serving fifteen or fewer dwelling units. Lanes shall be designed to provide a traveled roadway forty-eight feet in width between curbs and a total dedicated street right-of-way sixty feet in width.
E. Fire Access. Every use permitted by this code shall provide access for fire vehicles and emergency apparatus from a public street. Fire access must meet the then current adopted fire apparatus access standards.
F. Snow Storage. All proposed developments shall provide space for snow storage for a means of removal when such snow may accumulate on a public way, as provided in Section 17.10.013.
G. Street Grades. New streets and alleys shall not exceed a seven percent grade. Street grades shall not exceed four percent for a distance extending at least forty feet in each direction from a street intersection.
H. Construction Specifications. All streets shall be constructed of no less than six inches of sub-base material and four inches of 3/4 inch road base compacted to ninety-five percent with four inches of asphalt paving on top. All roads shall be crowned one-half inch per foot away from the centerline. Ditches, culverts, and concrete pans shall be placed to prevent any drainage across the road. Only 12 inch and larger culverts may be used. Before a street can be dedicated to the Town, final approval of completed construction must be obtained from the Town based upon inspections and recommendations of the Town Public Works Director.
(Ord. No. 608, § 1, 3-10-2011)
17.04.03 Water.
Applicants for all land use changes must demonstrate that a reliable supply of water, both in terms of quality and quantity, is or will be available and adequate to serve the total needs of the development, to the degree required by C.R.S. 29-30-301. All new developments must connect to the Town water system. In order to offset the impact upon that system, a dedication or transfer of direct flow and/or storage water rights to the Town shall be required: (1) prior to the approval of the annexation of any land to the Town or the subdivision or replatting of any land previously annexed; whether within or without the geographic boundaries of the Town; and (2) prior to all new extensions of raw water service which will thereafter be used for domestic, commercial or industrial purposes. At a minimum, all water rights historically used by the property and still owned by the applicant shall be dedicated to the Town.
A. Basic Requirement.
1. Developers of residential use(s) shall dedicate to the Town .95 acre feet of water/year for each proposed dwelling unit to be served by the municipal water utility.
2. Commercial raw water and other users: the quantity of water required for dedication shall be that quantity of water to be required ultimately in the satisfaction of the use or uses contemplated by the new user(s) in connection with annexation, subdivision or replatting, new extension of municipal treated water service or extension of raw water service which will thereafter be used for domestic, commercial or industrial purposes.
B. Exemptions. This section shall not apply to a single-family dwelling unit seeking new municipal treated water service where the person seeking such service is the owner of the real estate to be served and only one dwelling unit will be located upon the real estate, or to the extension of new municipal treated water service or raw water service for which the basic dedication requirement has been previously complied with by any person. Further, all developments located within performance districts 1 2, and 7 are exempt from the dedication requirement of this section.
C. Procedure. The Town shall have the right to accept or reject any water rights proposed for dedication pursuant to the provisions of this section which the Town has determined do not have sufficient legal priority. If the Town determines that the water rights proposed fail to satisfy the basic dedication requirement, the following alternatives, or combination thereof, may be used to otherwise satisfy the basic dedication requirement.
1. The person(s) required to comply with the basic dedication requirement may pay to the Town a cash amount equal to the fair market value of the water rights necessary to satisfy the basic dedication requirement.
2. The board may negotiate with the new user(s) to establish other terms or conditions which shall constitute compliance with the basic dedication requirement of this section, so long as such terms or conditions are consonant with the comprehensive plan.
D. Capital Improvements, Plant Investment Fee. In addition to the requirement for a dedication of water described above, all developments in all districts, regardless of the exemptions found at Section 17.04.030, shall be required to make all necessary improvements to the water distribution system of the Town in order to provide water service to the development, including the extension of water mains, installation of booster stations or booster stations in coordination with adequate storage tanks at sufficient elevation to maintain the water pressure of at least thirty psi throughout the system, and service lines. In addition, a plant investment or tap fee shall be required for all new developments. The current fee shall be established by the Town Board and kept on file with the City Clerk.
E. Construction Specifications. Engineering plans and specifications of all extensions, booster stations, etc., shall be approved by the Town Public Works Director. Engineering plans and specifications of all extensions, booster stations, etc., shall comply with the guidelines of and be approved by the Town Public Works Director.
(Ord. No. 608, § 1, 3-10-2011)
17.04.04 Sewer.
A. All new developments within performance districts 1, 2 and 7 must connect to the Town's sewage treatment system. Developments in performance districts 3, 4, 5 and 6 shall, at the sole option of the Town, connect to the Town's sewage treatment system. Upon annexation, the Town may require such development to provide their own central sewage collection and treatment systems. In all cases, it shall be the obligation of the developer to extend collection lines, with lift stations, mains, etc., to the development. Engineering plans and specifications of all collection lines, lift stations, mains, etc., shall be approved by the Town Public Works Director.
B. Tap Fee. For all developments which connect to the Town's sewage treatment system, a tap fee will be required.
C. Construction Specifications. Engineering plans and specifications of all extensions, booster stations, etc., shall be approved by the Town Public Works Director. Engineering plans and specifications of all extensions, booster stations, etc., shall comply with the guidelines of and be approved by the Town Public Works Director and the Town's consulting engineer. The developer's compliance with the requirements of this section shall be guaranteed by an adequate performance bond, to be approved by the Board of Trustees.
(Ord. No. 608, § 1, 3-10-2011)
17.04.05 Electric system.
A. Electrical Hook-Up Fee. An electrical hook-up fee shall be that fee which is currently required by the Town Board of Oak Creek.
B. Underground Installations. For all new electrical hook-ups and extensions, whether supplied by power from the Town electric system or a private supplier of electrical power, all service lines, etc. must be installed underground in performance districts 3, 4, 5, and 6 where possible. Within performance districts 1, 2, and 7 undergrounding of service lines will be required at the discretion of the Public Works Director.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.05 ENVIRONMENTAL STANDARDSSections:
17.05.01 Water quality and wetland requirements.
17.05.02 Drainage requirements.
17.05.03 Erosion control requirements.
17.05.04 Wildfire hazard requirements.
17.05.05 Geologic hazard requirements.
17.05.01 Water quality and wetland requirements.
A. No activity or change of land use shall be allowed within five miles upstream of any water supply intake of the Town of Oak Creek without written permission from the Town. The purpose of this requirement is to prevent significant impact on the Town's water supply. Permission may be conditioned upon certain safeguards being accomplished. These requirements may vary with the potential impact of the proposed activity, and are based upon the authority of Section 31-15-707(l) (b), C.R.S., 1973.
B. No development or proposed use of land shall be allowed if there is evidence that it would result in the contamination of ground water or the deterioration of surface water quality below standards established by the Colorado Department of Public Health and Environment.
C. A strip of land fifty feet in width measured from the normal high water line of Oak Creek may be required to be maintained as open space or in agricultural uses at all times, with the exception of foot paths, horse trails, and irrigation and water supply structures. A greater setback may be required by the Board of Trustees for particularly sensitive situations such as steep slopes or erodible soils. Handling or storage of toxic materials may be regulated within five hundred feet of any live stream or irrigation ditch.
D. A fifteen foot setback from any stream other than Oak Creek, intermittent streams or drainage ways or springs shall be maintained for new developments.
E. Construction in wetland areas shall be avoided where feasible. Where development in wetland areas is unavoidable, the Town shall review any proposed development in a wetland area with regard to the stability of soils, quality of fish, plant, and animal habitat, water quality and storage capacity, and the impact on public utilities such as water, sewer, roads, and stormwater management. The applicant is responsible for complying with any permit requirements under Section 404 of the Clean Water Act. Prior to final action on the application by the planning commission or Board of Trustees,
the applicant shall provide evidence that a Section 404 permit is either not needed or, if needed, has been issued or is required as a condition of approval.
(Ord. No. 608, § 1, 3-10-2011)
17.05.02 Drainage requirements.
A. For all new residential developments of three units or more and for all new commercial, industrial, institutional, mixed use, or live-work developments with gross floor areas exceeding two thousand square feet, provision shall be made for the drainage and control of runoff from all impervious surfaces created as a result of a land use change. Where necessary, drainage control structures shall be constructed and dedicated to the Town, along with provision for their permanent maintenance. The total effect shall be to prevent any increase in surface runoff over the natural levels which occurred prior to development.
B. To the greatest degree possible natural drainage courses shall be preserved in their natural state.
(Ord. No. 608, § 1, 3-10-2011)
17.05.03 Erosion control requirements.
A. The natural topography shall be retained to the greatest extent possible and excessive cuts and fills to convert steep slopes to buildable sites shall be discouraged.
B. Development shall be prohibited in areas of excessive slope, as follows:
1. No residential, commercial or industrial uses may be developed upon land with an average slope equal to or in excess of thirty percent. Such land shall be maintained in agricultural, recreational, or open space uses, which involve no significant disturbance of natural vegetation and no placing of impervious cover or surfaces.
2. For lands with a general slope equal to or in excess of fifteen percent, but less than thirty percent, residential, commercial and industrial uses, while discouraged, may be developed upon such land provided that the following considerations are met:
a. Special attention is given to revegetation and erosion control;
b. Cut banks and slopes are adequately stabilized; and
c. Total impervious cover on the site does not exceed twenty percent of the net building area.
C. All developments must actively plan for the prevention and loss of soil by erosion, both during and after construction. This standard may be met through the use of physical measures such as detention ponds, grass waterways, retaining walls or other slope stabilization measures, or by nonstructural means, such as seeding, mulching, and topsoil stockpiling.
D. Preexisting natural vegetation on the development site shall be protected and preserved to the greatest degree possible, consistent with good landscaping and wildfire mitigation procedures. Trees larger than two inch caliper and/or exceeding six feet in height may be required to be preserved or replaced on a 1:1 basis.
E. To the degree that natural vegetation is disturbed and/or removed by development, disturbed areas not covered by impervious cover shall be revegetated within one year of disturbance. The use of drought resistant grasses and other plants is encouraged. Compliance with this performance standard shall be included as a part of any development improvements agreement applicable to the development of any use that is a minor or major impact. All landscaping shall be guaranteed to be successful for two growing seasons.
F. A landscaping and revegetation plan prepared by a qualified professional must be approved for all development proposals in connection with final submission of any use that is a minor or major impact in accordance with Section 17.10.08. The plan must address the following concerns:
1. Placement of erosion control structures.
2. Location of major drainage channel.
(Ord. No. 608, § 1, 3-10-2011)
17.05.04 Wildfire hazard requirements.
Development in severe or medium wildfire hazard areas shall be avoided where feasible. Where development is unavoidable, applicants of subdivision or development proposals located within areas designated by the Routt County Department of Emergency Management as having severe or medium fire hazards shall meet with the Oak Creek Fire District and the Colorado State Forester to identify wildfire mitigation measures. A Town-approved plan identifying wildfire mitigation measures shall be submitted with all development proposals within medium or severe wildfire hazard areas.
(Ord. No. 608, § 1, 3-10-2011)
17.05.05 Geologic hazard requirements.
A. Any development application in areas that have slopes over fifteen percent, potential subsidence problems, or potential or historic geologic hazards, such as landslides, debris flows, mudflows or rock fall shall include a geologic report prepared by a qualified professional to identify the extent of geologic hazards.
B. Development shall be prohibited in areas with existing geologic hazards or unstable slope conditions, such as landslides, debris flows, mudflows, or rock fall, or a history of geologic hazards, unless a qualified engineer can demonstrate that the proposed project site does not present hazards to life, property or public welfare or that such hazards can be eliminated through the use of mitigation measures. Mitigation measures shall be designed by a qualified professional.
C. Development in areas of potential subsidence should be avoided where possible. Where development above potential subsidence areas is found to be necessary, the developer shall identify effects of groundwater withdrawal, accurately locate any abandoned mines or other sources of subsidence, commence sufficient mitigation measures where necessary to prevent loss of life and property, and site nonconflicting uses such as passive open space over subsidence areas where possible. Mitigation measures shall be designed by a qualified professional.
D. Foundations of all permanent structures shall be designed to minimize cracking due to the presence of shrink/swell soils within the Town. Danger of shrink/swell soils in all performance districts within the Town is presumed, and foundations must be designed accordingly by a qualified professional.
E. Unless required for construction, vegetation shall not be removed from areas that may contribute to landslide, mudflow or debris flow. Areas of vegetation removed for construction shall be reclaimed with new vegetation where possible.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.06 FLOODPLAINSections:
17.06.01 Statutory authorization.
17.06.02 Findings of fact.
17.06.03 Purpose.
17.06.04 Methods of reducing flood losses.
17.06.05 Warning and disclaimer of liability.
17.06.06 General regulations.
17.06.07 General use restrictions.
17.06.08 Specific use standards.
17.06.09 Administration.
17.06.010 Permit procedures.
17.06.011 Alteration of watercourse.
17.06.012 Enforcement and penalties.
17.06.01 Statutory authorization.
The regulations and procedures contained herein for flood prevention, control and to minimize flood losses are adopted pursuant to, inter alia, Title 29, Article 20, and Title 31, Article 23, Colorado Revised Statutes, as amended.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.02 Findings of fact.
A. The Board of Trustees of the Town finds that there are within the Town either designated floodways or areas of special flood hazard; that flooding within these areas may cause serious damage to, or destruction of real and personal property; that residents of these areas are subject to hazards that may cause loss of human life; and that imprudent use and/or occupation of these areas poses a present and future danger to the health, safety and welfare of the town's residents unless appropriate regulations are adopted concerning the use and/or occupation of these areas.
B. The Board of Trustees further finds that flooding within the Town is caused by the cumulative effect of obstructions to the flow of water which increases flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.
C. The degree of flood protection required by this code is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This code shall not create liability on the part of the Town, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this code or any administrative decision lawfully made there under.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.03 Purpose.
The purpose of these regulations is to promote the public's health, safety and general welfare and to minimize public and private losses due to flood conditions within specific areas of the Town by:
A. Promoting sound planning and land use, and permitting only such uses within floodways or areas of special flood hazard as will not endanger the public's life, health, safety or property in times of flooding;
B. Protect the public from avoidable financial expenditures for flood control projects, flood relief measures, and the repair and/or restoration of damaged public facilities;
C. Prevent avoidable interruption of business and commerce;
D. Minimize victimization of unwary home and/or land purchases, and insure that all buyers are notified that certain property is within either a designated floodway or special flood hazard area;
E. Facilitate the management of floodways and/or special flood hazard areas by establishing requirements that must be met before additional use or development therein is permitted;
F. Ensure that those who choose to occupy special flood hazard areas assume responsibility for their actions;
G. Help maintain a stable tax base by providing for the controlled use and/or development of designated floodways or special flood hazard areas, so as to minimize future flood related blight; and
H. Minimize the need for rescue and relief efforts associated with flooding.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.04 Methods of reducing flood losses.
In order to accomplish its purposes and objectives, these regulations include provisions for:
A. Restricting or prohibiting uses which are dangerous to the public's health, safety, welfare or property due to water or erosion hazards, or which result in increased erosion, flood heights or velocities;
B. Controlling filling, grading, dredging and any other development activity which may increase flood damage;
C. Requiring that any use vulnerable to flood related damage, including public facilities which serve such uses, be protected against flood damage at the time of initial construction;
D. Controlling the alteration of natural floodways, stream channels, and other natural protective barriers which mitigate or channel floodwaters; and,
E. Preventing or regulating construction of flood barriers which will either divert floodwaters into or increase flood hazards in other areas.
(Ord. No. 608, § 1, 3-10-2011)
17.06.05 Warning and disclaimer of liability.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the Town or any
officer or employee of the Town for any flood damages that result from reliance on these regulations or any administrative decision lawfully made pursuant to this article.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.06 General regulations.
A. These regulations apply to all lands within the town which are shown on the FIRM as being areas of special flood hazard and areas removed from the floodplain by the issuance of a letter of map revision based on fill (LOMR-F) within the jurisdiction of the town.
B. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Routt County, Colorado and Incorporated Areas," dated February 4, 2005, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be part of this code. These areas of special flood hazard identified by the flood insurance study (FIS) and attendant mapping are the minimum area of applicability of this code and may be supplemented by studies designated and approved by the Board of Trustees. The floodplain administrator shall keep a copy of the FIS, DFIRMs, FIRMs and/or FBFMs as such may be available on file and available for public inspection.
C. A floodplain development permit shall be required to ensure conformance with the provisions of these regulations.
D. Within the Town, henceforth no land use or structure shall be constructed upon, located within, extended into, converted or altered if within an area of special flood hazard, without first complying with all of the requirements of these regulations and other applicable federal and state regulations. Nothing herein shall prevent the Board of Trustees from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the state water conservation board and the National Flood Insurance Program.
E. These floodplain regulations are not intended to repeal, abrogate, or impair any existing easement, covenant, deed restriction, or existing land use or subdivision regulation. When these regulations conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Nothing in these regulations shall be construed as exempting an applicant from any other requirement of the Town, or other applicable state or federal regulations.
F. In the interpretation and application of these regulations, all provision contained herein shall be:
1. Considered as minimal requirements;
2. Liberally construed in favor of the Board of Trustees; and
3. Deemed neither to limit nor repeal any other power granted to the Town under law.
G. These regulations shall not apply to either a nonconforming structure or use except as follows:
1. If a nonconforming structure is damaged or destroyed by any means to the extent that the restoration cost equals fifty percent or more of the fair market value of the structure before the damage occurred, as determined by the floodplain administrator; that, after such a determination, any reconstruction or replacement shall be deemed new construction and shall be subject to all of the provisions of these regulations, including the requirement to apply for and obtain a floodplain development permit.
2. Nonconforming uses shall not be expanded upon, and, if continuously discontinued for a period of nine months, they shall not be reinstated without first complying with all of the requirements of these regulations, including the requirement to apply for and obtain a floodplain development permit.
H. The provisions of these regulations shall not apply to any device or structure reasonably held necessary by the permit authority or its representative for the diversion of water or for flood control or prevention, so long as such device or structure has been appropriately designed and constructed in conformance with sound engineering practice so as to minimize potential flood hazard and damage.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2015)
17.06.07 General use restrictions.
The following use restrictions shall apply to all floodways and areas of special flood hazard:
A. Prohibited uses. Any development or alteration in, on, or over floodways or areas of special flood hazard shall be prohibited, if such development or alteration would alone or in combination with other uses, cause or result in (within floodway or areas of special flood hazard):
1. The storing or processing of materials that are buoyant, flammable, explosive, radioactive, or otherwise potentially injurious to human, animal or plant life;
2. The disposal of garbage or other solid or liquid waste materials;
3. The potential of substantial quantities of solid debris or waste being carried downstream.
B. Public utilities.
1. Any new or replacement water supply systems shall be designed to eliminate infiltration of flood waters into such system.
2. Any new or replacement sanitary sewage system shall be designed to minimize or eliminate infiltration of floodwaters into such system, as well as discharges from the system into flood water.
3. On-site waste disposal systems shall be located so as to avoid impairment to them or contamination from them during flooding.
4. Public utility systems shall be located so as to minimize or discourage further development within either floodways or areas of special flood hazard.
C. Land use. Any land use change, new construction or substantial improvements shall:
1. Be constructed by methods and practices that minimize flood damage;
2. Have public utilities and facilities such as water, sewer, gas, and electrical systems located and constructed so as to minimize susceptibility to flood damage;
3. Have adequate site drainage to reduce exposure to flood damage;
4. Provide base flood elevation data where required;
5. Have no structures, pavement or development within a designated floodplain or special flood hazard area unless it can be demonstrated that the base flood elevation is not increased;
6. Have streets located above the elevation of the base flood;
7. Have all new construction and substantial improvements specifically designed (or modified) and sufficiently anchored to prevent flotation, collapse or lateral movement of structures resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy.
D. Construction materials and methods.
1. All new construction and/or substantial improvements shall be constructed only with materials that are resistant to flood damage;
2. All new construction and/or substantial improvements shall be constructed only by methods and practices that minimize flood damage;
3. Where compacted fill is used as a method of elevating a structure, such fill shall extend fifteen feet beyond the exterior walls of the structure;
4. Grading and preparation of fill shall meet the standards set forth in the provisions of the section(s) dealing with "grading and excavation" of the current edition of the Uniform Building Code adopted by the Town.
5. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.08 Specific use standards.
In all areas of special flood hazard where flood elevation data has been provided the following standards are required:
A. Residential.
1. All new construction, reconstruction and/or substantial improvement of any residential structure, including manufactured and mobile homes, shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) elevated to a minimum of one foot above the base flood elevation.
2. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Colorado Professional Engineer, architect or land surveyor. Such certification shall be submitted to the floodplain administrator.
3. The Town shall not permit connection to its water system or provide water from the system to new construction and/or development unless compliance with these regulations is met.
B. Nonresidential.
1. Any new construction, reconstruction and/or substantial improvement to any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) elevated to a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, meet the following requirements:
a. Be flood-proofed so that below the base flood elevation, the structure is watertight with walls impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads, as well as effects of buoyancy;
c. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction and shall certify that the designs and methods of construction are in accordance with the standards of this subsection. Such certification shall be submitted to the floodplain administrator.
2. The Town shall not permit connection to its water system or provide water from the system to new construction and/or development unless compliance with flood plain regulations is met.
C. Manufactured and mobile homes.
1. All new construction and substantial improvements shall be elevated on a permanent foundation such that the lowest floor of the manufactured or mobile home, electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) are elevated to one foot above the base flood elevation and are anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.
2. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may include:
a. Over-the-top ties be provided at each of the four corners of the manufactured or mobile home, with two additional ties per side at intermediate locations, with manufactured or mobile homes less than fifty feet long requiring one additional tie per side;
b. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured or mobile homes less than fifty feet long requiring four additional ties per side;
c. All components of the anchoring system be capable of carrying a force of four thousand, eight hundred pounds; and,
d. Any additions to the manufactured or mobile home be similarly anchored to prevent flotation, collapse, and lateral movement.
D. Enclosures
1. All new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
2. Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
E. Floodway
1. Since the floodway is an extremely hazardous area due to the velocity of flood water which carry debris and potential projectiles, as well as the erosion potential; the following restrictions shall apply to the floodway:
2. Encroachments including filling, new construction, substantial improvements, placement of bridges and drainage structures and other development are specifically prohibited; unless, it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a no-rise certification) in flood levels within the Town during the occurrence of the base flood discharge.
3. If the above is satisfied, all new construction and substantial improvements shall comply with all the applicable provisions of these regulations.
4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the Town may permit encroachments within the adopted regulatory floodway that would increase in base flood elevations, provided that the Town first applies for a CLOMR and floodway revision through FEMA.
F. Properties removed from the floodplain by fill.
1. A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) unless such new structure or addition complies with the following:
a. Residential.
i. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the place of fill.
b. Nonresidential. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the place of fill.
G. Standards for critical facilities.
1. Classification of critical facilities.
a. It is the responsibility of the Board of Trustees to identify and confirm that specific structures in the community meet the following criteria:
i. Critical facilities are classified under the following categories: (a) essential services; (b) hazardous materials; (c) at-risk populations; and (d) vital to restoring normal services.
1. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plan facilities, and transportation lifelines. These facilities consist of:
2. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage and emergency operation centers);
3. Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions and non-ambulatory surgical structures but excluding clinics, doctors' offices, and non-urgent care medical structures that do not provide these functions);
4. Designated emergency shelters;
5. Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio and other emergency warning systems, but excluding towers, poles, lines, cables and conduits); and
6. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines).
ii. Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.
iii. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are located outside of the one hundred-year floodplain or are compliant with the provisions of these regulations, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.
iv. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic or water reactive materials.
1. These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic or water-reactive materials;
c. Hazardous waste storage and disposal sites; and
d. Above ground gasoline or propane storage or sales centers.
2. Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the occupational safety and health administration (OSHA) to keep a material safety data sheet (MSDS) on file for any chemicals stored or used in the work plan, and the chemical(s) is/are stored in quantities equal to or greater than the threshold planning quantity (TPQ) for that chemical, then that facility shall be considered a critical facility.
3. The TPQ for these chemicals is: either five hundred pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six chemicals listed under 40 C.F.R. § 302 (2010), also known as extremely hazardous substances (EHS); or ten thousand pounds for any other chemical. Reference 29 C.F.R. § 1910 (2010), occupational safety and health standards; and 40 C.F.R. § 302 (2010), designation, reportable quantities, and notification incorporated herein by reference.
4. Specific exemptions to this category include:
a. Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.
b. Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified profession (as determined by the town) that a release of the subject hazardous material does not pose a major threat to the public.
c. Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products.
d. These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in these regulations.
v. At-risk population facilities include medical care, congregate care, and schools.
1. These facilities consist of:
a. Elder care (nursing homes);
b. Congregate care serving twelve or more individuals (day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving twelve or more children.
vi. Facilities vital to restoring normal services including government operations.
1. These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices and classrooms only).
2. These facilities may be exempted if it is demonstrated to the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside the one hundred-year floodplain or are compliant with these regulations, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.
2. Protection for critical facilities.
a. All new and substantially improved critical facilities and new additions to critical facilities located with the areas of special flood hazard shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of these regulations, protection shall include one of the following:
i. Location outside the areas of special flood hazard; or
ii. Elevation of the lowest floor or flood proofing of the structure, together with attendant utility and sanity facilities, to at least two feet above the base flood elevation.
3. Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the Board of Trustees, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a one hundred-year flood event.
H. Standards for land use changes of major impact.
1. All land use changes of major impact including subdivisions and the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding and if located in a flood-prone area shall minimize flood damage
2. All land use changes of major impact including subdivisions and the placement of manufactured home parks and subdivisions shall meet the floodplain development permit requirements of these regulations.
3. Base flood elevation data shall be generated for land use changes of major impact including subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than fifty lots or five acres, whichever is lesser, if not otherwise provided pursuant to these regulations.
4. All land use changes of major impact shall have adequate drainage provided to reduce exposure to flood hazards.
5. All land use changes of major impact including subdivision proposals and the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.09 Administration.
A. This floodplain ordinance shall apply to all areas of special flood hazards within the jurisdiction of the Town. The areas of special flood hazard identified by the Federal Emergency Management agency in a scientific and engineering report entitled, "The Flood Insurance Study for the Town of Oak Creek, dated February 4, 2005," with an accompanying flood insurance rate map (FIRM) is adopted by reference and declared to be a part of these regulations. The flood insurance study and FIRM are on file at Town Hall, 129 Nancy Crawford Blvd, Oak Creek, CO, 80467.
B. A floodplain development permit shall be obtained from the floodplain administrator before any construction or development begins within any areas of special flood hazard. Application for a floodplain development permit shall be on forms furnished by the county building official or Town floodplain administrator with other information as set out in Section 17.06.010 (A).
C. Duties of the floodplain administrator shall include, but not be limited to:
1. Maintain and hold open for public inspection all records pertaining to the provisions of the floodplain ordinance, including actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any required flood-proofing certificate.
2. Review, approve, or deny all applications for floodplain development permits required by adoption of these regulations.
3. Review floodplain development permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
4. Review all development permits and land use change approvals to assure that all necessary permits have been obtained from federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334) from which prior approval is required.
5. Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of these regulations including proper elevation of the structure.
6. Where interpretation is needed as to the exact location of the boundaries of the area of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.
7. When base flood elevation data has not been provided in accordance with these regulations, the floodplain administrator shall obtain at the cost of the applicant, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer these regulations.
8. Pursuant to the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the Town may approve certain development in Zones A1-30, AE, AH on the Town's FIRM that increases the water surface elevation of the base flood by more than one-half foot, provided that the Town has first applied for a conditional letter of map revision (CLOMR), fulfills the requirements for such revisions as established under the provisions of said Section 65.12, and receives FEMA approval.
9. Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.
10. Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
D. Information to be obtained and maintained.
1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
2. For all new or substantially improved flood-proofed structures:
a. Verify and record the actual elevation (in relation to mean sea level to which the structure has been flood-proofed); and
b. Maintain the flood-proofing certifications required in Section 17.06.09(D)(8), and
c. Maintain for public inspection all records pertaining to the provisions of this section.
3. Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
4. Copies of all permits, or applications therefore, required by either federal or state agencies (includes CWCB, FEMA and the U.S. Army Corps of engineers) for alteration of a floodplain;
5. Site drainage plan prepared by a registered professional engineer licensed in the state;
6. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
7. Elevation in relation to mean sea level to which any structure has been flood-proofed;
8. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 17.06.07.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.010 Permit procedures.
A. An application for a floodplain development permit shall be presented to the floodplain administrator on furnished forms and may include, but not be limited to, plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed;
3. A certificate from a registered Colorado Professional Engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Section 17.06.08 (B)
4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
5. Maintain a record of all such information in accordance with the provisions of Section 17.06.09 (C)(1) and (D).
B. Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all the provisions of these regulations and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The probability that material may be swept onto other lands or downstream to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
6. The availability of alternative locations not subject to flooding for the proposed use;
7. The safety of access to the property in times of flood for ordinary and emergency vehicles;
8. The expected height, velocity, duration, rate of rise and sediment transport of floodwaters at the site;
9. The relationship of the proposed use to the Town Comprehensive Plan, as such may be amended.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.011 Alteration of watercourse.
For all proposed developments that alter a watercourse within an area of special flood hazard, the following standards apply:
A. Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly migrate potential problems through the project as well as upstream and downstream of any improvement activity A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.
B. Channelization and flow diversion projects shall evaluate the residual one hundred-year floodplain.
C. Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all federal, state and local floodplain rules, regulations and ordinances.
D. Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or certified professional hydrologist.
E. All activities within the regulatory floodplain shall meet all application federal, state and town floodplain requirements and regulations.
F. Within the regulatory floodplain, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is no more than a 0.00 foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, as evidenced by a no-rise certification, unless the community first applies for a conditional letter of map revisions (CLOMR) and floodway revision in accordance with Section 17.06.08 (E) of these regulations.
G. Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
17.06.012 Enforcement and penalties.
Prior to the issuance of a certificate of occupancy, the Town's floodplain administrator shall inspect any structure covered by a floodplain development permit to determine that it was built in full compliance with these regulations. If it is found that development is inconsistent with the floodplain development permit, the violation and any subsequent enforcement will be undertaken pursuant to Section 17.09.03.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 627, § 1, 1-23-2014)
Chapter 17.07 ANNEXATION AND VACATIONSSections:
17.07.01 Annexation requirements.
17.07.02 Vacations.
17.07.01 Annexation requirements.
A. All annexations to the Town shall comply with the Municipal Annexation Act of 1965, C.R.S., 31-12-101, et seq., as amended.
B. Prior to final action on any annexation petition, a conceptual plan with all required supporting materials, (including a fiscal analysis), shall be submitted.
C. It is the policy of the Town to annex enclaves, islands, peninsulas, and tracts of land to square out Town boundaries for the purpose of greater public service delivery efficiency.
D. To the extent reasonably possible, boundary lines of annexing properties shall be drawn as follows:
1. To include property on both sides of a public street for at least one lot depth but where not possible, to one side or the other of the right-of-way;
2. To include all of a given ownership where reasonable development would extend to the entire property;
3. To show existing mineral ownership and provide proof those past or present mining activities will not endanger the residential character of the proposed development.
E. Where possible, adjacent properties should be joined in a single annexation petition.
F. Prior to annexation, any jurisdictional and municipal service problems arising from extension of municipal boundaries into special utility districts or service districts must be resolved.
G. Street names and house numbers in the annexing territory must conform to the street naming and house numbering system of the Town.
H. In addition to the requirements of the Municipal Annexation Act of 1965, as amended, the Board of Trustees shall be guided by the following when considering whether to approve the annexation petition:
1. That the petitioners for annexation have adequately demonstrated to the Town that the capacity of existing sewage, water and electric service utilities within the Town is or will be sufficient to serve the development proposed in the preliminary plan for the property proposed to be annexed, at rates which are the same as those rates applying within the existing Town, and further, that no increase in rates for these services for all citizens in the Town will take place as a result of the annexation;
2. Those fiscal impacts upon the Town as a result of annexation and development of the property will be sufficiently offset. This fiscal impact analysis shall include costs to the Town for police protection, snow removal, emergency services, fire protection, school service, parks and recreation, streets, sidewalks, and all other public costs caused by annexation and development of the property;
3. That existing natural hazards and nuisances upon the property proposed to be annexed have been or will be mitigated and/or removed and satisfactory assurances are provided to the Town in such regards.
I. That to the greatest degree possible, proposed new commercial development is utilizing vacant lands within the remaining performance districts prior to the annexation of new property.
(Ord. No. 608, § 1, 3-10-2011)
17.07.02 Vacations.
A. Whenever any street, alley or other public way is vacated, the performance district adjoining each side of such street, alley or public way shall automatically be extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended performance district, unless otherwise determined by the Town Board.
B. All vacation shall be processed and shall otherwise be subject to the provision of C.R.S., Title 43, Article 2, Part 3.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.08 ABATEMENT OF NONCONFORMING USESSections:
17.08.01 Nonconformance.
17.08.02 Expansion or enlargement.
17.08.03 Repairs and maintenance.
17.08.04 Restoration or replacement.
17.08.05 Discontinuance.
17.08.06 Nonconforming lots.
17.08.07 Change in nonconforming use.
17.08.08 Transition provisions.
17.08.01 Nonconformance.
Certain uses of land and buildings may be found to be legally in existence at the time of passage of these regulations which do not meet the requirements as set forth herein. It is the intent of the title to allow the continuance of such nonconforming uses, subject to the requirements below.
(Ord. No. 608, § 1, 3-10-2011)
17.08.02 Expansion or enlargement.
A nonconforming structure to be extended or enlarged shall conform to the provisions of this code; a nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the enactment of this code.
(Ord. No. 608, § 1, 3-10-2011)
17.08.03 Repairs and maintenance.
The following changes or alterations may be made to a nonconforming building or to a conforming building housing a nonconforming use:
A. Maintenance repairs that are needed to maintain the good condition of a building, except that if a building has been officially condemned, it may not be restored under this provision.
B. Any structural alteration that would reduce the degree of nonconformance or change the use to a conforming use.
(Ord. No. 608, § 1, 3-10-2011)
17.08.04 Restoration or replacement.
A. If a nonconforming activity/use or structure is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty percent of the cost of reconstructing the entire structure, it shall not be restored.
B. Where a conforming structure devoted to a nonconforming activity is damaged less than fifty percent of the cost of reconstructing the entire structure or where a nonconforming structure is damaged less than fifty 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 months and is completed within eighteen months from the date of partial destruction.
C. 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 a nonconforming use.
(Ord. No. 608, § 1, 3-10-2011)
17.08.05 Discontinuance.
Whenever a nonconforming use has been discontinued for a period of nine months it shall not thereafter be reestablished and any future use shall be in conformance with the provisions of this code.
(Ord. No. 608, § 1, 3-10-2011)
17.08.06 Nonconforming lots.
Nonconforming lots on record at the time of passage of this code may be built upon; providing, that all other applicable regulations are met and the approval of the board of adjustment is obtained.
(Ord. No. 608, § 1, 3-10-2011)
17.08.07 Change in nonconforming use.
No conforming use of a building or lot may be changed to another nonconforming use. No nonconforming use of a building or lot may be changed to another nonconforming use. A nonconforming use of a building or lot may be changed to a conforming use.
(Ord. No. 608, § 1, 3-10-2011)
17.08.08 Transition provisions.
Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued or Town approval obtained and construction of which shall have been diligently prosecuted within three months of the date of such permit or approval.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.09 MONITORING AND ENFORCEMENTSections:
17.09.01 Responsible enforcement entity.
17.09.02 Authorizations for inspections.
17.09.03 Violations and enforcement procedures.
17.09.04 Public works director.
17.09.05 Town consulting engineer.
17.09.06 Board of trustees—Variances.
17.09.07 Planning commission.
17.09.01 Responsible enforcement entity.
The Town Board, or its designee, shall be responsible for enforcing the provisions of this code. Any criminal enforcement shall be by the issuance of a complaint and summons to Municipal Court by a peace officer.
(Ord. No. 608, § 1, 3-10-2011)
17.09.02 Authorizations for inspections.
Upon presentation of proper credentials, the Town peace officer or other official designated by the Town Board may enter any building, structure, real property, or premises to ensure compliance with the provisions of this code. Such inspections shall be carried out during normal business hours unless the Town peace officer or other official designated by the Town Board determines there is an emergency.
(Ord. No. 608, § 1, 3-10-2011)
17.09.03 Violations and enforcement procedures.
A. Violations. It shall be a violation of this code to undertake any of the following activities:
1. Activities inconsistent with the code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving, or using any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this code, including all required approvals;
2. Land disturbing activities inconsistent with code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this code or without first obtaining all requisite land use approvals required by this code or other applicable regulations;
3. Nonconforming uses inconsistent with code. Creating, expanding, replacing or changing a nonconforming use, structure, lot, or sign except in compliance with this code;
4. Making lots or setbacks nonconforming. Reducing or diminishing the lot area, setbacks, or open space below the minimum required by this code;
5. Increasing intensity of use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this code;
6. Activities inconsistent with permit. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or
7. Activities inconsistent with conditions of approval. Failure to comply with any terms, conditions, or limitations placed by the Town Board upon any final land use approval, subdivision plat, permit, or other form of authorization.
B. Penalty for violations. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject to the penalties provided for in Section 1.20.010 of the Oak Creek Municipal Code.
C. Civil remedies and enforcement powers. In addition to criminal prosecution for violations, the Town Board shall have the following civil remedies and powers to enforce this code.
1. Notice of violation and corrective action order.
a. Non-emergency violations. In the case of violations of this code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. The notice shall specify the code provisions allegedly in violation and shall state that the individual has a period of thirty days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this code.
b. Emergency violations. In the case of violations of this code that constitute an emergency as a result of safety or public concern, or violations that will create increased problems or costs if not remedied immediately, the Town Board may use the enforcement powers available under this section without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for a relevant permit. In addition, the Town may proceed to abate the danger and assess the
costs therefore as a lien on the property and certified to the Routt County Treasurer to be collected with the taxes on the property.
c. Extension of time for correction. If the Town Board finds that due to the nature of the alleged violation it reasonably appears that it cannot be corrected within thirty days, the Town Board may grant an extension of the time to cure an alleged violation, as the Town Board deems appropriate.
2. Deny/withhold permits. The Town Clerk or building official may deny and withhold all permits, approvals, certificates or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation. Where a property owner, agent, or other person has a record of an outstanding serious violation or violations of this code, Town Board shall be authorized to deny or withhold all permits, certificates of occupancy, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation. The denial or withholding of a permit by the Town Clerk or building official may be appealed by the Town Board as provided in Section 17.09.06 of this code.
3. Revocation of permits.
a. Public hearing required. The Town Board may revoke any land use change approval, development permit, building permit or other authorization, after notice and a public hearing.
b. Notice of public hearing. The public hearing on the revocation of a land use change approval, development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Town Board not less than seven days, nor more than fourteen days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner's agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. Mail, by certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of service may also be utilized to give notice of the public hearing.
c. Findings. Following the public hearing, the Town Board upon a finding of the following, may revoke any land use approval, development permit, building permit or other authorization;
i. There is a departure from the approved plans, specifications, or conditions of approval; or
ii. There is a violation of any provision of this code; or
iii. The land use change approval or development permit was obtained by false representation; or
iv. The land use change approval or development permit was issued in error.
d. Notice of revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant, or other person to whom the approval was issued by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.
4. Stop work order.
a. Issuance of stop work order. The Town Board or its designee may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of this code or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the code provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. Mail (return receipt
requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to this code.
b. Timing/notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the thirty-day period specified in Section 17.09.03(C)(1)(a) above.
5. Abatement of injunctive relief. The Town Board, through the Town attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction to abate, remove, or enjoin such violation and to recover damages, costs, and reasonable attorney's fees incurred in the abatement and removal of such violation.
D. Remedies cumulative. The remedies provided for violations of this code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
E. Continuation of prior enforcement actions. Nothing in this code shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.
F. Appeals of enforcement actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this section shall be made to the Town Board in accordance with the provisions of Section 17.09.06 of this code.
G. Liability of the Town. This code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection, or failure to inspect or reinspect, or by reason of issuing a building permit, or by reason of pursuing or failing to pursue an action for injunctive relief.
H. Costs and Attorneys fees for enforcement for abatement to be paid to the Town. Costs and attorneys fees associated with said abatement shall be charged to the owner of the property on which said violation has occurred and any other person responsible for the violation as defined in this section. The cost of abating a violation of this code shall include all direct and indirect costs of such abatement, plus the costs of collection and interest at the rate of one percent per month. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by certified mail, and shall be payable within thirty calendar days from the receipts thereof. If all of such costs are not paid within thirty days of the notice, such costs may be made a lien on the property and certified to the Routt County Treasurer and collected with the taxes on the property.
(Ord. No. 608, § 1, 3-10-2011)
17.09.04 Public works director.
The duties of the Public Works Director with respect to applications submitted and processed under this code are as follows:
A. Review and comment upon any conceptual plan submission;
B. Review and comment upon all final plan submissions;
C. Review all land use changes of no impact;
D. Sign off on building permits;
E. Administer all regulations for activities in the "no impact" category.
(Ord. No. 608, § 1, 3-10-2011)
17.09.05 Town consulting engineer.
The duties of the Town consulting engineer with respect to applications submitted and processed under this code are as follows:
A. Review and make recommendations to the Public Works Director and/or Town Board regarding approval, conditional approval or disapproval of all technical diagrams and specifications submitted in connection with any final plan application; forward the results of that review and recommendations to the Board of Trustees;
B. When requested by the Board of Trustees, review and comment upon any conceptual plan submission;
C. Review and make recommendations to the Public Works Director and/or Town Board regarding approval, conditional approval, or disapproval of as-built diagrams and specifications of public utilities, drainage features and streets.
(Ord. No. 608, § 1, 3-10-2011)
17.09.06 Board of trustees—Variances.
The power and duties of the Board of Trustees (Town Board) are as follows:
A. Exercise all final powers and authority concerning the application and enforcement of this code, as those powers are delegated to it by provisions of the Colorado Revised Statutes, 1973, as amended, and by the specific provisions of this code;
B. Review, approve, conditionally approve or disapprove all conceptual and final plan submissions;
C. Supervise the activities of the Town Public Works Director as those activities are assigned by this code;
D. To act as the Board of Adjustment pursuant to C.R.S. 31-23-307 to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of this code, not involving uses or densities;
E. To grant variances from the application of specific regulatory requirements of this code, including submission requirements, where such requirements would be unduly burdensome. Variances will be reviewed according to the review procedure for land use changes in Section 17.03.08.
F. Under no circumstances shall the board grant a variance to allow a use not permissible, nor dwelling unit densities greater than the terms of this code in any performance district;
G. Every exception authorized hereunder shall be personal to the applicant therefore and shall not be transferable prior to construction of the development. After construction, exceptions authorized hereunder shall run with the land of any authorized structure and only for the life of such structure;
H. No exception shall be authorized hereunder unless the board shall find that all the following conditions exist:
1. That the use is a nonconforming use as defined by this code and is in full compliance with all requirements of this code applicable to nonconforming uses,
2. That, owing to exceptional and extra-ordinary circumstances, literal enforcement of the provisions of this code regarding nonconforming uses will result in unnecessary hardship,
3. That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same zone district or other zone districts,
4. That the exception will not alter the essential character of the district in which is located the property for which the exception is sought,
5. That the exception will not weaken the general purposes of this code or of the regulations established herein for the specific district,
6. That the exception will be in harmony with the spirit and purposes of this code,
7. That the exception will not adversely affect the public health, safety, or welfare.
I. Appeals from the board. Any further appeal of the decision of the board of adjustment may be made to the District Court, as provided by law; provided, however that such appeal is made prior to thirty days following the date of the final action taken by the board, as provided by Rule 106, Colorado Rules of Civil Procedure.
(Ord. No. 608, § 1, 3-10-2011)
17.09.07 Planning commission.
A. A planning commission for the Town is created. The planning commission shall consist of six members, five of which will have voting privileges and one of which will be an alternate.
B. The purpose of the planning commission is to make recommendations to the Board of Trustees based on this code, the Oak Creek Comprehensive Plan Update, and other adopted plans.
C. The planning commission shall be responsible for reviewing applications as set forth in section 17.03.08 and for recommending that the Town Board approve, approve with conditions or revisions, or deny such petitions or applications. The commission may table an application request to a date certain within six months and direct the applicant to make specific revisions to the plans.
D. Specific powers and duties and procedures of the planning commission are listed in Appendix B of this code, Bylaws for the Oak Creek Planning commission.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.10 COMMUNITY DESIGN STANDARDSSections:
17.10.01 General.
17.10.02 Bufferyards and setback requirements.
17.10.03 Compatibility standards.
17.10.04 Dedication of park land, trails and community facilities.
17.10.05 Dedication of public school sites.
17.10.06 Dedications of land for other civic facilities.
17.10.07 Preservation of historic structures.
17.10.08 Landscaping standards.
17.10.09 Parking standards.
17.10.010 Lighting.
17.10.011 Sign standards.
17.10.012 Fence standards.
17.10.013 Snow removal and accumulation.
17.10.01 General.
A. Development on major skylined ridges should be avoided where feasible. Where unavoidable, no portion of any structure shall protrude more than twenty-five feet above the crest of the skylined ridge. Building materials shall be limited to non-reflective materials and colors that blend with the surrounding natural landscape. Existing vegetation that provides screening of skylined structures shall be preserved where possible. A landscape plan shall be approved indicating revegetation of disturbed areas and proposed vegetative screening.
B. Variances for proposed land use changes involving structures in excess of thirty-five feet must demonstrate to the Town that scenic views and vistas from public rights-of-way, parks and other public spaces will not be blocked or impaired by the development as proposed. The applicant shall demonstrate compliance with this standard in a manner that will graphically show proposed structures in relationship to existing structures, such as the use of photographs, 3-D models, elevation drawings or statements from adjoining property owners.
C. To the degree economically and technically feasible, energy-efficient construction shall be encouraged in all new developments, including the use of insulation, passive and active solar installations and water saving devices. All developments shall be encouraged to maximize solar access in building site planning in terms of orientation of lots (building sites) and avoidance of north facing slopes.
D. Installation of new coal burning devices and replacement of new coal burning devices are prohibited within Town limits.
(Ord. No. 608, § 1, 3-10-2011)
17.10.02 Bufferyards and setback requirements.
A. Setbacks shall be provided between structures and parcel boundary lines as listed in Section 17.11. Setback requirements for corner and double frontage lots are as follows:
1. On corner lots, one side of the lot (generally that with the shortest length) with street frontage shall meet the applicable front yard setback.
2. On double frontage lots, the street that has the unit's address shall be considered the front street for purposes of calculating front yard setbacks.
B. Bufferyards are intended to provide additional buffering between differing land use types. In essence, a bufferyard requirement is a setback requirement with additional planting and buffering requirements.
C. Required lot setbacks shall contribute to the bufferyard requirements. To the degree that the bufferyard requirements or the setback requirements are more stringent, the more stringent requirements will apply.
D. Bufferyards are not required in Performance Districts 1 or 7 in order to encourage higher density infill of commercial and industrial development in these districts. Bufferyards are also not required of single family or duplex residential developments of less than ten lots.
E. Bufferyards must be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. A bufferyard shall not be located on any portion of an existing or dedicated public or private street right-of-way and shall be privately owned and maintained.
F. A bufferyard requirement for a use adjacent to a street right-of-way shall be determined by the use across the street.
G. To determine which bufferyard is required between any two land uses, refer to the list and chart below.
H. Bufferyards described.
1. Bufferyard A. Minimum Width — eight feet with appropriate landscaping as shall be approved by the Town.
2. Bufferyard B. Minimum Width — fifteen feet with appropriate landscaping as shall be approved by the Town.
3. Bufferyard C. Minimum Width — twenty feet with appropriate fencing and landscaping as shall be approved by the Town.
4. Bufferyard D. Minimum Width — ten feet with appropriate fencing and landscaping as shall be approved by the Town.
5. Bufferyard E Minimum Width. - 1. Thirty feet with appropriate berms, masonry walls, and landscaping as shall be approved by the Town or 2. Fifty feet with appropriate higher masonry walls and landscaping as shall be approved by the Town.
I. Bufferyard chart.
Adjacent Uses
Agriculture/Vacant/
Park
Single Family
Residential/Duplex
Multifamily Residential
Institutional/Office
Commercial IndustrialMobile
Home Park
Proposed Uses
Agriculture/Vacant/
Park- - - - - D A
Single Family
Residential/Duplex
- - B B C E B
Multifamily Residential
- B - B C E B
Institutional/Office
- B B - A C B
Commercial - B B A - B B
Industrial D E E C B - E
Mobile Home Park
B B B B B C -
(Ord. No. 608, § 1, 3-10-2011)
17.10.03 Compatibility standards.
A. Purpose. All industrial and commercial uses must conform to the following performance standards. The purpose of these standards is to permit potential industrial nuisances to be measured, factually and objectively; to ensure that all industrial or commercial uses will provide methods to protect the community from hazard and nuisances which can be prevented by control and nuisance elimination and to protect industries from arbitrary exclusion from the Town based solely upon the nuisance production by any particular type of industry in the past.
B. Site plan. All industrial uses shall be shown on a site plan submitted to and approved by the planning commission and Board of Trustees.
C. Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible, from any point along the property line.
D. Vibration. Industrial or commercial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Transportation facilities on temporary construction are excluded from this restriction.
E. Smoke. All industrial and commercial uses which produce smoke or any air contaminant shall be subject to the jurisdiction and regulations of the Colorado Air Quality Control Commission and the Colorado Air Quality Control Division. The Town reserves the right, prior to approving any industrial or commercial application under this code, to require from the applicant evidence of compliance with applicable regulations of state government.
F. Odors. No industrial or commercial use shall cause or allow the emission of malodorous air contaminants from any single source such as to result in detectible odors which are apparent outside the property boundaries.
G. Noise. All industrial and commercial uses shall be conducted such that noise generated from such uses is controlled at its source or so attenuated by the structure from which it radiates that it does not exceed ambient noise levels outside its property line. It is the responsibility of the applicant to assess ambient noise levels to be approved by the planning commission.
H. Fugitive dust. No industrial or commercial operation shall be allowed to produce fugitive dust in amounts which are noticeable or appreciable outside of the property boundaries of the use.
I. Industrial and commercial wastes. All industrial and commercial operations shall confine liquid and solid wastes produced in connection with such operation within the property boundaries, and shall further insure that no such waste, including liquid waste such as drain oil, leave the property, enter any natural stream courses, or contaminate groundwater resources. This shall not apply to the appropriate and proper disposal of liquid and solid wastes.
J. Mining. All mining activity, including mineral extraction, oil and gas extraction, and gravel mining, processing and washing is prohibited within the limits of the Town. No proposed developments will be approved which will be situated above areas which have been mined by underground methods in the past. In connection with all new development, the developer must demonstrate to the Town, at the preliminary plan stage, the extent of ownership of subsurface mineral rights and previous mining activity.
(Ord. No. 608, § 1, 3-10-2011)
17.10.04 Dedication of park land, trails and community facilities.
A. Minimum dedicated park land. New residential subdivisions into three or more parcels shall be required to dedicate to the Town (or to a homeowners' association as described below) fifteen percent of the gross land area within the site, which must be devoted to dedicated park land.
B. At a minimum, dedicated park land shall be developed by the applicant with grass or landscaping allowing passive recreation facilities or open space. Such park land must fulfill one or more of the unfulfilled objectives in any recreation or park plans adopted by the Town.
C. Cash payments in lieu of park land dedications may be accepted, at the discretion of the Board of Trustees and upon a demonstration that the cash payment so made is equivalent to the fair market value of the undeveloped park land which would normally be required for dedication under this section. Fair market value shall be based upon a minimum of two separate appraisals, conducted at the expense of the subdivider.
D. Bikeways and pedestrian ways. Bikeways and pedestrian ways for use by non-motorized traffic and pedestrians (exclusive of paved sidewalks or walkways associated with the street right-of-way) may be credited toward the minimum dedicated park land requirement in subsection A of this section. In addition, a limited density bonus may be given by the Board of Trustees in return for the construction of such bikeways and pedestrian ways.
E. Maintenance of dedicated park land. All dedications for park and open space sites shall be completely developed by the applicant before final acceptance by the Town, in accordance with the sketch plan and final plan and any conditions and/or design requirements placed upon the development by the Board of Trustees. In all cases, lands dedicated for parks and open space shall be accompanied by one or more of the following:
1. Documents evidencing: (a) conveyance of the lands to a homeowners' association; (b) creation of such an organization; and (c) title restrictions, which may include protective covenants must guarantee a right in the Town to perform weed control, erosion and drainage control and charge those costs against the landowner, in the event the homeowners' association fails to perform such tasks.
2. A financial plan showing conclusively that the cost to the Town, should the Town be required to maintain the dedicated lands, will be offset by the positive tax return to the Town as a result of the development, or that the social, environmental and economic benefits of the development, which are difficult to calculate, substantially outweigh the impact upon Town revenue should the Town be required to maintain property.
(Ord. No. 608, § 1, 3-10-2011)
17.10.05 Dedication of public school sites.
A. To meet the increased need for schools as a result of increased housing, all subdivisions of three units or larger shall dedicate land areas or sites suitable for school purposes, or provide cash-in-lieu of land in the amount specified, for every dwelling unit which may be constructed within the
subdivision to serve the elementary, middle, and high school public school needs of the residents of such dwelling units. The Town may elect that public school sites may be transferred and conveyed to the Town or school district pursuant to stipulations in intergovernmental agreements between the Town and school district.
1. For single family dwelling units, the amount of land shall be 1.84 acres per one hundred dwelling units;
2. For duplex dwelling units, the amount of land shall be 1.40 acres per one hundred dwelling units;
3. For multi-family dwelling units, other than duplex or triplex units, the amount of land shall be 0.64 acres per one hundred dwelling units;
4. For mobile homes, the amount of land shall be 1.10 acres per one hundred dwelling units.
B. Cash payments in lieu of school land dedications may be accepted, at the discretion of the Board of Trustees and upon a demonstration that the cash payment so made is equivalent to the fair market value of the land which would normally be required for dedication under this section. Fair market value shall be based upon a minimum of two separate appraisals, conducted at the expense of the subdivider.
(Ord. No. 608, § 1, 3-10-2011)
17.10.06 Dedications of land for other civic facilities.
A. Residential subdivisions of twenty units or larger shall dedicate public sites for fire stations or other civic purposes to serve the proposed subdivision and future residents thereof, or provide cash-in-lieu of land, as approved by Town Board.
B. Cash payments in lieu of civic facility dedications may be accepted, at the discretion of the Board of Trustees and upon a demonstration that the cash payment so made is equivalent to the fair market value of the land which would normally be required for dedication under this section.
(Ord. No. 608, § 1, 3-10-2011)
17.10.07 Preservation of historic structures.
For all developments, the applicant shall identify all historic structures, buildings, or other site features and must demonstrate the extent to and manner in which they will be preserved. The Board of Trustees may request the recommendation of the "Historical Society of Oak Creek and Phippsburg" prior to any decision. The board may approve, deny or conditionally approve the development based upon the historical consideration in this section.
(Ord. No. 608, § 1, 3-10-2011)
17.10.08 Landscaping standards.
A. Site Landscaping - The following standards shall apply to all new office, industrial, commercial buildings and residential subdivisions over ten lots.
1. All landscapes shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive may be used.
2. The minimum planting sizes on all required landscaping shall be two inch caliper deciduous trees, one and one-half inch caliper ornamental trees, six foot tall evergreen trees and five gallon shrubs.
3. Required plant materials shall be grown in a recognized nursery in accordance with proper horticultural practice. Plants shall be healthy, well-branched vigorous stock with a growth habit normal to the species and variety and free of diseases, insects and injuries.
4. All plants shall conform to standards for measurements, grading, branching, quality, ball and burlapping as stated in the American Standard for Nursery Stock, 2004 Edition, American Nursery and Landscape Association (ANLA) and Colorado Nursery Act of 1965 (CNA).
B. Residential Landscape Standards.
1. Landscaping for dedicated park land and trails shall be appropriate to the use and function of the area and include trees, shrubs, groundcover, irrigation (where necessary) and paving where appropriate.
2. New subdivisions over ten dwelling units in size are required to have street trees, and at least one evergreen and one deciduous tree per lot.
C. Performance District One - Commercial, Institutional, Office, and Mixed Use Landscape Standards.
1. Downtown landscaping is intended to provide an attractive environment for people to walk and shop. A Town-approved landscape plan shall be required of all new developments in Performance District 1 to include one or more of the following: window boxes, planters, parking lot landscaping, street trees, sidewalk improvements or benches as appropriate to the site to enhance building entries and the streetscape.
D. Performance Districts 2 thru 7 - Commercial, Institutional, Industrial and Office Landscape Standards.
1. A minimum of twenty percent of the site (gross) shall be landscaped area. The landscaped area may not include street rights-of-way, building footprints, or hard surfaced areas of parking lots and driveways and shall include:
a. Site trees - plant a minimum of one tree per one thousand square feet of landscaped area, distributed on the site.
b. Shrubs - plant a minimum of one shrub per four hundred square feet of landscaped area. Group shrubs and distribute throughout the site. Trees may be substituted for up to one-half of the required shrubs at the rate of one tree for ten shrubs.
E. Parking Lot Landscaping - Performance Districts 3, 4, 5, and 6.
1. In parking areas with ten or more parking spaces, landscape strips shall be used to reduce the visual impact of the parking lot and assist in directing traffic.
2. A six-foot wide landscape strip is required from the property line to the parking lot. Landscaping shall be designed to buffer the parking lot from the public roadway and shall include one tree and two shrubs per twenty linear feet. The landscape strip shall contribute to the twenty percent landscaped area.
F. Trash receptacles of multi-family, commercial or office buildings should be screened from view from any public right-or-way by landscaping or fencing.
(Ord. No. 608, § 1, 3-10-2011)
17.10.09 Parking standards.
A. Commercial uses in Performance District 1 are exempt from these requirements.
B. Paved off-street parking outside of Performance District 1 shall be provided according to the minimum requirements as specified below:
PROPOSED USEREQUIRED OFF-STREET PARKING (must be outside
of allrights-of-way)
Single-family detached 2 spaces per unit
Townhouses and Duplex 1 space per bedroom, up to 2 per unit
Multifamily Residential 1 space per bedroom, up to 2 per unit
Accessory Dwellings 1 space per bedroom, up to 2 per unit
Commercial1 space per every 500 square feet of gross floor
area
Mixed Use1 space per residential unit and 1 space per every
500 square feet of gross commercial floor area
Office1 space per every 500 square feet of gross floor
area
Industrial/Warehouse To be determined on a per-case basis
Institutional/Churches To be determined on a per-case basis
C. All parking spaces shall be approximately twenty feet by ten feet, exclusive of the requirements of snow storage listed in this section. In all cases, the parking requirements in this section are minimum standards, and may be increased by the Board of Trustees upon a finding that the public convenience and necessity require additional parking spaces in association with the new use.
D. All parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.
E. Parking lots shall not dominate the frontage of pedestrian-oriented streets, interfere with designated pedestrian or bicycle routes, or negatively impact surrounding neighborhoods. The pedestrian character of streets and buildings shall be maximized through continuity of buildings and landscape frontage. Parking lots shall be located to the rear or side of buildings or in the interior of a block whenever possible.
F. When there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a movie theater and an office building), shared parking agreements shall
be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.
G. Where feasible, and in order to reduce traffic and vehicle turning movements on major streets, parking lots shall share access drives and cross-access easements with adjacent property with similar land uses.
H. Any off-street parking area shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available. Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way, sidewalks or strike against or damage any wall, vegetation, utility or other structure.
I. Commercial Parking. The commercial parking requirement may be satisfied by the street frontage adjacent to the property in which the use is located, but in no event by the parking on the street opposite from such use. The Board of Trustees, in its discretion may determine and require that additional parking spaces are necessary for the public convenience. Parking requirements for all other uses shall not be satisfied by parking spaces on public streets.
J. Residential Parking. Homes, not garages, should have the emphasis on residential streets. The intent is that residential streets have variety and that garages not dominate homes and streets. Alley accessed garages are strongly encouraged. For those homes that are not accessed by alleys, garages shall be recessed five feet from the front door or side loaded.
K. Fee-in-Lieu of Parking. For all commercial development, off-street parking requirements may be satisfied by payment of an in-lieu parking fee at a rate as established by the Town by resolution from time to time.
1. The payment shall be equivalent to the estimated cost to the Town of providing the required parking spaces to serve the proposed use and shall be in a total amount as acceptable to the Town. Such payment shall be made before issuance of a Building Permit. Fee revenue shall be deposited in the Parking Fund designated solely for the purpose of constructing, expanding, repairing, and enhancing municipal parking facilities to provide public parking.
2. When an applicant wishes to offer a fee-in-lieu of parking, the applicant must coordinate with the Town Board to determine how parking for the proposed use will be made available. A statement of the agreed upon plan for a fee-in-lieu of parking and manner of parking provision must be included with the application.
3. Any off-street parking supplied in this manner shall run with the land (not be invalidated by change in ownership), and any subsequent change in use that requires more parking shall require subsequent action by the property owner to satisfy any additional parking requirements. No refund of any fee-in-lieu of parking shall be made when there is a change in use requiring less parking. Final acceptance of any fee-in-lieu is at the complete discretion of the Town.
L. Handicap parking spaces.
1. Handicap parking spaces shall be required for all commercial, office, mixed use, multi-family, industrial and institutional uses.
2. Handicap parking spaces shall be designated as being for the handicapped with painted symbols and standard identification signs.
3. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance.
4. Number of handicap parking spaces:
Total parking spaces in lot Minimum required number of handicap parking
spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2% of total
1,000 and over 20 plus 1 for every 100 over 1,000
For every eight handicap parking spaces there must be at least one van-accessible space. If there is only one handicap parking space, that space must be van-accessible.
5. Handicap parking space dimensions.
a. Parking spaces must be nine feet by twenty feet with a five-foot wide access aisle.
b. Van-accessible spaces must be nine feet by twenty feet with an eight-foot wide access aisle.
c. Parking spaces for the physically handicapped that are parallel to a pedestrian walk which is handicap accessible may have the same dimensions as those for standard vehicles.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 615, § 1, 2-9-2012)
17.10.010 Lighting.
A. Exterior lighting, except for overhead street lighting; warning, emergency or traffic signals; sports field lighting; temporary holiday lighting; or lighting required by the building or fire code, shall be installed in such a manner that the light source will not detract from the dark sky enjoyed by the residents of Oak Creek. The following shall be required of all lighting fixtures:
1. Fixtures shall be cast downward to prevent glare on public streets, walkways or into residential areas. Light shields shall be placed on fixtures to prevent light "spillage" to public or residential areas.
2. Lights should use the lowest wattage possible to sufficiently light the intended area.
3. Motion lights to illuminate areas of security concern should be used whenever possible.
4. Parking lot and canopy lights shall be flush mounted with the fixture to prevent "hot spots".
5. Parking lot lighting shall be placed no higher than twenty-five feet from the ground.
B. The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals is prohibited.
(Ord. No. 608, § 1, 3-10-2011)
17.10.011 Sign standards.
A. Applicability of regulations. No person shall erect, alter or relocate any sign without first obtaining approval from the Town Public Works Director under this section. The following activities are exempt from this section:
1. Signs legally existing on the effective date of this code and repair of the same up to but not including fifty percent of their value;
2. Address numerals and signs not exceeding one square foot in area;
3. Legal notices;
4. Traffic and parking signs which bear no advertising.
B. Review Procedure. Unless exempted from all review as described above, all signs must be approved as developments of no impact under Section 17.03.011 (if approval is sought for the sign alone). If a sign is an integral part of a proposed land use change requiring review under this code, review of the sign shall be combined with review of the land use change of which it is a part.
C. General Sign Regulations.
1. All signs shall be compatible with the use of the property upon which they are located, and with property in the general vicinity.
2. Except for time and/or temperature signs, no flashing or moving signs shall be permitted.
3. No sign, temporary or otherwise, shall be affixed to a tree or utility pole.
4. No signs including traffic signs and similar regulatory notices except those of duly constituted governing body shall be allowed within road right-of-way lanes.
5. Any spotlights or floodlights permitted to illuminate signs shall be shielded such that their light source shall not cause a safety hazard and shall comply with the lighting requirements in Section 17.10.010.
6. Signs shall not exceed the height of the building on the same lot. Signs identifying the use of the premises shall be located on the lot. Signs advertising the sale or lease of property shall be
located on the property advertised. Signs shall not exceed thirty-two square feet in area and shall not be located on or extend over a pedestrian way or public sidewalk.
7. Signs not in compliance with this section at the time of the adoption of the ordinance codified in this code shall be nonconforming. Nonconforming signs must be abated within five years or upon the occurrence of a change in use as described at Section 17.08.07, to the extent permitted by law.
(Ord. No. 608, § 1, 3-10-2011)
17.10.012 Fence standards.
A. Applicability of regulations. No person shall erect, alter or relocate any fence without first obtaining approval from the Town Public Works Director under this section. The following activities are exempt from this section:
1. Fences legally existing on the effective date of this code and repair of the same up to but not including fifty percent of their value.
B. Review Procedure. Unless exempted from all review as described above, all fences must be approved as developments of no impact under Section 17.03.011 (if approval is sought for the fence alone). If a fence is an integral part of a proposed land use change requiring review under this code, review of the fence shall be combined with review of the land use change of which it is a part.
C. General Fence Regulations.
1. No fence shall be allowed that will inhibit visibility at street intersections that could cause a safety hazard.
2. No fence shall be allowed that would adversely inhibit normal snow removal procedures.
3. No fence shall be higher than six feet unless it can be shown, to the satisfaction of the Town Board, that adjacent use, views and vistas are not obstructed.
4. Above grade electric fences and barbed wire shall not be used in the construction of any fence, unless with the approval of the Town Board.
5. Fences not in compliance with this section at the time of the adoption of this chapter shall be nonconforming. Nonconforming fences must be abated within five years or upon the occurrence of a change in use as described at Section 17.08.070.
(Ord. No. 608, § 1, 3-10-2011)
17.10.013 Snow removal and accumulation.
A. All land use changes governed by these regulations shall ensure that there is no increase in off-site snow accumulations as a result of the land use change.
B. A snow storage plan approved by the Town Board shall be required of all new commercial and industrial developments and all new residential developments of three units or more. The snow storage plan shall demonstrate the place, manner and method that snow accumulation on the development site will be stored so as to allow pedestrian and vehicular access and shall not restrict visibility. At a minimum, for every two square feet of surface to be cleared of snow, one square foot of snow storage space shall be provided.
C. Snow storage areas shall be graded to direct snowmelt into drainage control structures.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.11 PERFORMANCE DISTRICTSSections:
There is adopted and incorporated fully herein by this reference, the attached map, Appendix A, to the ordinance codified in this code, entitled, "Oak Creek Performance District Map", which map is deemed regulatory and a part of this code. The map specifies the various performance districts within and adjacent to the Town. For those portions of the performance districts that lie outside Town boundaries, the following sections provide development guidelines for use during the annexation process. The regulations governing dimensional standards, use and other requirements listed in the following sections apply to those portions of the performance districts that lie within Town boundaries.
17.11.01 Performance District One.
17.11.02 Performance District Two.
17.11.03 Performance District Three.
17.11.04 Performance District Four.
17.11.05 Performance District Five.
17.11.06 Performance District Six.
17.11.07 Performance District Seven.
17.11.01 Performance District One.
The following regulations only govern land within Performance District One.
A. Character and Vision.
1. Current Use: Performance District One forms the heart of the Town of Oak Creek with a majority of its retail and commercial uses located on Main Street. The uses quickly transition to residential as one moves away from Main Street.
2. Vision for the Performance District: This district should work to achieve an active, pedestrian-oriented, retail district. Auto-oriented commercial uses shall only be allowed in Performance District One as a conditional use. Auto-oriented uses permitted within Performance District One shall locate parking and automobile drive-thru facilities to the rear or side of the primary structure. Commercial uses are the preferred use for the first floor of all buildings along Main Street and Moffat and Sharpe Avenues.
3. Building and Site Design: The existing commercial buildings are primarily single story or story and a half with a few two story buildings scattered throughout the district. A majority of the buildings in this district are board and batten or masonry in a style reflective of a small western town. New construction in this district shall adhere to the following design regulation:
a. Appropriate architectural styles and form vary within the Town of Oak Creek; however, designers should look to the historic structures of Oak Creek for inspiration, e.g. Bonfiglio Drug located at 118 W Main, Dovetail Furniture located at 100 W Main, and the Lynx Realty building located at 130 E Main.
b. Upper Story Setbacks. Third stories or other elements of structures in Performance District One shall be set back a minimum of fifteen feet from the front façade of the structure's street level floor.
c. Entries and Windows. Transparent entries and large store-front windows at the street level are strongly encouraged. Office and residential windows organized in a generally regular pattern are encouraged. Recessed and other styles of window openings are desired. Blank walls over eight feet in length are prohibited at the street level.
d. Building Orientation. Buildings should be located to front on and relate primarily to streets. Building setbacks from local and collector streets shall be minimized in order to establish a visually continuous, pedestrian-oriented street-front. If a building is setback from the lot line, streetscape improvements shall be provided within the setback area, with proposed improvements reviewed by planning and approved by the Town Board.
e. Parking Lots. Parking requirements shall be provided to the greatest extent possible by spaces at the rear of the building. Parking lots shall only be allowed on the sides of buildings on non-corner lots and if rear lots are not feasible. Parking lots shall be setback a minimum of six feet from the right-of-way or property line and be landscaped per the landscaping section found in Section 17.10.08(C).
f. Trash receptacles of commercial, office, or multi-family buildings should be located in the rear of the building and screened from view from any public right-of-way by an enclosure or fencing.
B. Permitted and conditional uses:
1. Permitted uses:
a. Commercial
b. Office
c. Auto-oriented commercial uses
2. Conditional uses:
a. Mixed use - Commercial uses located within the street front portions of buildings, with office and/or residential uses on upper floors above street level or within non-street-front spaces.
b. Institutional uses
c. Light industrial
d. Residential uses
e. Cottage industry
f. Live-work
g. Agricultural
h. Medical marijuana and retail marijuana establishments
i. All other uses.
C. Dimensional standards for properties within Performance District One:
Performance
District OneCommercial
Auto-Oriented
Commercial
Light Industrial
MixedUse
OfficeMulti-amily
Institutional
Minimum Floor
— — — 450 sf — 450 sf —
Area/Dwelling Unit (square
feet)
Setbacks (feet):
Front0 min 10
max0 min 10
max0 min 10
max0 min 10
max0 min 10
max0 min 10
max0 min 10
max
Rear Yard 0 0 0 0 0 8 0
Side Yard 0 0 0 0 0 10 0
Lot Width (feet):
Minimum 25 25 25 25 25 25 25
Maximum 100 100 100 100 100 100 100
Minimum Lot Area (square
feet)
2400 2400 2400 2400 2400 2400 2400
Maximum Lot
Coverage (percent)
No max. No max. No max. No max. .60 No max. .60
Maximum Building Height (feet)
35 35 35 35 35 35 35
(Ord. No. 608, § 1, 3-10-2011 ; Ord. No. 615, § 1, 2-9-2012; Ord. No. 625, § 1(3), 8-22-2013)
17.11.02 Performance District Two.
The following regulations only govern land within in Performance District Two.
A. Character and vision.
1. Current use: This section of Oak Creek holds the bulk of the residential housing stock. The homes are predominantly small former miner's cottages on small lots connected by a gridded network of streets and alleys. Small commercial uses and/or cottage industries are interspersed within the residential neighborhoods.
2. Vision for the performance district: This district should work to encourage residential infill on the several vacant lots throughout Town. Infill homes shall be compatible in both character and size and scale to the existing homes. Commercial, institutional and multi-family developments are allowed as conditional uses if accompanied by measures to ensure compatibility with the surrounding neighborhood.
3. Architectural style. New residential architecture is encouraged to resemble the architecture and scale commonly found in historic Oak Creek and small Town mountain west neighborhoods. The goal is to create the memorable character, identity, and appeal that these neighborhoods display, not to provide exact replicas of historic buildings. Non-residential development shall be compatible to the residential structures in Performance District Two in terms of scale, rooflines, building articulation and materials.
4. Multi-family architectural design. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions. Each multi-family building shall feature walls that are articulated by a least two of any of the following elements within every thirty-six foot length of the facade:
a. Recesses, projections or significant offsets in the wall plane;
b. Distinct individualized entrances;
c. Chimneys that project from the wall plane;
d. Balconies and/or other outdoor living space; or
e. Bay or box windows.
B. Permitted, conditional and prohibited uses.
1. Permitted Uses:
a. Single family residential
2. Conditional uses:
a. Mobile homes within mobile home parks
b. Duplex
c. Multi-family
d. Accessory dwellings
e. Cottage industries
f. Commercial
g. Office
h. Institutional
3. Prohibited uses
a. Mobile homes outside mobile home parks
b. Mixed use
c. Live-work
d. Light industrial
e. Auto-oriented commercial
f. Agricultural
g. All other uses.
C. Dimensional standards for properties within performance district 2 are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.01 respectively. Standards for mobile homes are in Section 17.12.
PerformanceDistrict Two
SingleFamily
Residential
Multi-Family
Duplex Office Commercial Institutional
Minimum Floor
Area/Dwelling Unit
(square feet)
- 450 sf 800 - - -
Units per Lot 2* - 2 - - -
Setbacks (feet):
Front 15 15 15 15 15
Side Yard 8 10 8 8 15 15
Rear Yard 10 10 10 10 15 15
Minimum Lot Width (feet)
37.5 75 75 50 50 100
Minimum Lot Area (square
feet)4,000 6,000 6,000 4,000 4,000 8,000
Lot Coverage .35 .35 .35 .50 .50 .50
(%)
Maximum Building
Height (feet)35 35 35 35 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011)
17.11.03 Performance District Three.
The following regulations only govern land within Performance District Three.
A. Character and vision.
1. Current Use: Performance District Three, located primarily north of Town, lies almost entirely outside Town boundaries and is largely undeveloped. Thorpe Mountain and the Oak Creek Canyon occupy the western portion of this district, most of which is constrained by steep slopes, wildfire hazards, and geologic hazards. The central and eastern portions of the district are comprised of either relatively flat agricultural lands or gently sloping hillsides. A small portion of this district has been annexed into Town, consisting of the lots east of N. Grant and north of E. Third.
2. Vision for the performance district: The agricultural property north of the Parker subdivision is designated a future growth area on the Oak Creek Comprehensive Plan Update and thus is considered conducive to annexation and future residential development. Once annexed, new subdivisions within the designated future growth Area shall be similar to the existing development in Performance District Two in terms of lot size and the gridded road pattern. Any annexation and development that occurs in portions of the district with slopes greater than fifteen percent shall have a gross density of two dwelling units per acre or lower, with homes clustered together to preserve slope and open space and to avoid geologic and other hazards. Commercial, institutional and multi-family developments are allowed as conditional uses if accompanied by measures to ensure compatibility with the surrounding neighborhood.
3. Architectural style. New residential architecture should resemble the architecture commonly found in historic Oak Creek and small Town mountain west neighborhoods. The goal is to create the memorable character, identity, and appeal that these neighborhoods display, not to provide exact replicas of historic buildings. Non-residential development shall be compatible to the residential structures in Performance District Three in terms of rooflines, building articulation and materials.
B. Permitted, conditional, and prohibited uses.
1. Permitted uses:
a. Single family residential
2. Conditional uses:
a. Mobile homes within mobile home parks
b. Duplex
c. Multi-Family
d. Mixed use
e. Accessory dwellings
f. Cottage industries
g. Commercial
h. Office
i. Auto-oriented commercial
j. Institutional
3. Prohibited uses:
a. Light industrial
b. Live-work
c. Agricultural
d. Mobile homes outside of mobile home parks
e. All other uses
C. Dimensional standards for properties within Performance District Three are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.010 respectively. Standards for mobile homes are in Section 17.12.
Performance
District Three
SingleFamily
Residential
Multi-Family
Duplex Office CommercialAuto-
OrientedCommercial
Institutional
Minimum Floor
Area/Dwelling Unit (square
feet)
- 450 sf 800 - - - -
Units per Lot
2* - 2 - - - -
Setbacks (feet):
Front 15 15 15 15 15 15 15
Side Yard 8 10 8 8 15 15 15
Rear Yard 10 10 10 10 15 15 15
Minimum Lot Width
(feet)50 75 75 50 50 50 100
Minimum Lot Area (square
feet)
4,000 6,000 6,000 4,000 4,000 4,000 8,000
Maximum Lot
Coverage (%)
.35 .40 .35 .50 .50 .50 .50
Maximum Building Height (feet)
35 35 35 35 35 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011)
17.11.04 Performance District Four.
The following regulations only govern land within Performance District Four.
A. Character and vision.
1. Current use: Performance District Four lies south of Town, extending from CR 25 to the CR 50 Z/railroad corridor. Most of this area lies outside Town limits and is undeveloped, except for the Sierra View subdivision and individual homes along CR 25. Most of this district consists of a relatively flat, open meadow referred to as Rossi's Meadow.
2. Vision for the performance district: Much of this district is designated as a future growth area in the Oak Creek Comprehensive Plan Update and thus once annexed should accommodate new residential growth. New subdivisions in this district shall continue the density and character found in the original part of Oak Creek, including the pattern and
scale of the traditional street grid. Commercial, institutional and multi-family developments are allowed as conditional uses if accompanied by measures to ensure compatibility with the surrounding neighborhood.
3. Architectural style. New residential architecture should resemble the architecture commonly found in historic Oak Creek and small Town mountain west neighborhoods. The goal is to create the memorable character, identity, and appeal that these neighborhoods display, not to provide exact replicas of historic buildings. Non-residential development shall be compatible to the residential structures within the surrounding neighborhood in terms of rooflines, building articulation and materials.
B. Permitted, conditional, and prohibited uses.
1. Permitted uses:
a. Single family residential
2. Conditional uses:
a. Mobile homes within mobile home parks
b. Duplex
c. Multi-family
d. Accessory dwellings
e. Cottage industries
f. Commercial
g. Auto-oriented commercial
h. Mixed use
i. Office
j. Institutional
3. Prohibited uses
a. Light industrial
b. Live-work
c. Agricultural
d. Mobile homes outside of mobile home parks
e. All other uses.
C. Dimensional Standards for properties within Performance District Four are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.010 respectively. Standards for mobile homes are in Section 17.12.
Performance
District Four
SingleFamily
Residential
Multi-Family
Duplex OfficeCommerci
al
Auto-Oriented
Commercial
MixedUse
Institutional
Minimum Floor
Area/Dwe
- 450 sf 800 - - - 450 sf -
lling Unit (square
feet)
Units per Lot
2* - 2 - - - - -
Setbacks (feet):
Front 15 15 15 15 15 15 15 15
Side Yard 8 10 8 8 15 15 15 15
Rear Yard 10 10 10 10 15 15 15 15
Minimum Lot Width
(feet)50 75 75 50 50 50 75 100
Minimum Lot Area (square
feet)
4,000 6,000 6,000 4,000 4,000 4,000 6,000 8,000
Maximum Lot
Coverage (%)
.35 .40 .35 .50 .50 .50 .50 .50
Maximum Building Height (feet)
35 35 35 35 35 35 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011)
17.11.05 Performance District Five.
The following regulations only govern land within Performance District Five.
A. Character and vision.
1. Current use: Performance District 5 lies to the east of Town, extending from the railroad/Highway 131 corridor north to a line parallel with E. Third Street. This district is entirely outside Town limits and is largely undeveloped. The area is dominated by sloping hillsides, generally ranging from fifteen percent to thirty percent.
2. Vision for the performance district: This district should start the transition between the Town of Oak Creek and rural Routt County. The northwestern portion of this district, which lies due east of the Parker Subdivision, is designated a future growth area in the Oak Creek Comprehensive Plan Update. Since the slope in this area is approximately twenty percent, residential growth in this area shall be at a gross density no greater than two dwelling units/acre. If residential development occurs in other portions of the district it shall be developed at a maximum gross density of one dwelling unit per acre and should pay particular attention to clustering homes together to preserve slope, view and open space. Commercial, institutional and multi-family developments are allowed as conditional uses if accompanied by measures to ensure compatibility with the surrounding neighborhood.
3. Architectural style. New residential architecture should resemble the architecture commonly found in historic Oak Creek and ranches found in Routt County. The goal is to create the memorable character, identity, and appeal that these building types display, not to provide exact replicas of historic buildings. Non-residential development shall be compatible to the structures in the surrounding neighborhood within Performance District 5 in terms of rooflines, building articulation and materials.
B. Permitted, conditional, and prohibited uses.
a. Single family residential
2. Conditional uses:
a. Mobile homes within mobile home parks;
b. Duplex
c. Accessory dwellings
d. Cottage industries
e. Institutional
3. Prohibited uses
a. Multi-family dwellings
b. Commercial
c. Auto-oriented commercial
d. Mixed use
e. Office
f. Light industrial
g. Live-work
h. Agricultural
i. Mobile homes outside of mobile home parks
j. All other uses.
C. Dimensional Standards for properties within Performance District 5 are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.010 respectively. Standards for mobile homes are in Section 17.12.
PerformanceDistrict Five
Single FamilyResidential
Duplex Institutional
Minimum Floor Area/Dwelling Unit
(square feet)- 800 -
Units per Lot 2* 2 -
Setbacks (feet):
Front 30 30 30
Side Yard 15 15 20
Rear Yard 20 20 20
Minimum Lot Width (feet)
100 100 100
Minimum Lot Area (square feet)
20,000 20,000 20,000
Maximum Lot Coverage (%)
.20 .20 .50
Maximum Building Height (feet)
35 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011)
17.11.06 Performance District Six.
The following regulations only govern land within Performance District 6.
A. Character and Vision.
2. Vision for the Performance District: A portion of this district between CR 25 and Town limits has been designated a future growth area in the Oak Creek Comprehensive Plan Update. Densities in this area should transition from the urban densities currently predominating within the Town of Oak Creek to more rural densities as a transition to Routt County. If residential development occurs in the steeper portions of the district it should be at very low densities and should pay particular attention to clustering homes together to preserve slope, view and open space. Measures to mitigate wildfire hazards will be of key importance in this district.
3. Architectural Style. New residential architecture should resemble the architecture commonly found in historic Oak Creek and ranches found in Routt County. The goal is to create the memorable character, identity, and appeal that these building types display, not to provide exact replicas of historic buildings.
B. Permitted, Conditional, and Prohibited uses.
1. Permitted Uses:
a. Single Family Residential
2. Conditional Uses:
a. Mobile homes within Mobile Home Parks;
b. Duplex
c. Accessory Dwellings;
d. Cottage Industries;
3. Prohibited Uses
a. Commercial
b. Mixed Use
c. Office
d. Multi-family
e. Institutional
f. Light industrial
g. Live-Work
h. Auto-oriented commercial
i. Agricultural
j. Mobile Homes Outside of Mobile Home Parks
k. All other uses.
C. Dimensional Standards for properties within Performance District 6 are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.010 respectively. Standards for mobile homes are in Section 17.12.
Performance District 6 Single Family Duplex
Residential
Minimum Floor Area/Dwelling Unit (square feet)
- 800
Units per Lot 2* 2
Setbacks (feet):
Front 30 30
Side Yard 15 15
Rear Yard 20 20
Minimum Lot Width (feet) 100 100
Minimum Lot Area (square feet) 10,000 10,000
Maximum Lot Coverage (%) .20 .20
Maximum Building Height (feet) 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011)
17.11.07 Performance District Seven.
The following regulations only govern land within Performance District Seven.
A. Character and vision.
1. Current use: This area encompasses a mixture of single-family residential, commercial and light industrial uses.
2. Vision for the performance district: This district is intended to accommodate the light industrial businesses of Oak Creek, including warehouse uses. Particular attention should be placed on mitigating the transition between industrial and warehouse uses and residential homes. Outside storage of materials shall be screened from view from adjacent properties and public rights of way.
3. Architectural style. The commercial and light industrial buildings in this district should accommodate a functional design. Buildings may be constructed out of a variety of materials, including post frame steel construction, provided that the building façade facing the street is esthetically pleasing and shall include the following façade treatments:
a. Masonry veneer
b. Wainscoting of masonry
c. Trimmed windows
d. Porches or overhangs of the pedestrian entrance.
B. Permitted, conditional, and prohibited uses.
1. Conditional uses:
a. Single family residential
b. Duplex
c. Accessory dwellings;
d. Cottage industries;
e. Commercial
f. Auto-oriented commercial
g. Office
h. Institutional
i. Light industrial
j. Live-work units
k. Medical marijuana and retail marijuana establishments
2. Prohibited uses
a. Multi-family
b. Mixed use
c. Agricultural
d. Mobile homes within mobile home parks
e. Mobile homes outside of mobile home parks
f. All other uses.
B. Dimensional standards for properties within Performance District Seven are as follows. Dimensional standards for cottage industries and accessory dwellings are in Sections 17.02.016 and 17.02.010 respectively. Standards for mobile homes are in Section 17.12.
Performance
District Seven
Single Family
ResidentialDuplex Office Commercial
Auto-Oriented
CommercialInstitutional
Light Industrial
Minimum Floor
Area/Dwelli
- 800 - - - - -
ng Unit (square
feet)
Residential Units per
Lot2* 2 - - - - 1
Setbacks (feet):
Front 15 15 15 15 15 15 15
Side Yard 8 8 8 15 15 15 10
Rear Yard 10 10 10 15 15 15 10
Minimum Lot Width
(feet)37.5 75 50 50 50 50
Minimum Lot Area (square
feet)
4,000 6,000 4,000 4,000 4,000 6,000 4,000
Maximum Lot
Coverage (%)
.35 .35 .50 .50 .50 .50 .60
Maximum Building Height (feet)
35 35 35 35 35 35 35
* Maximum of one principal structure and one accessory dwelling.
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 625, § 1(4), 8-22-2013)
Chapter 17.12 MOBILE HOME STANDARDSSections:
17.12.01. Application.
17.12.02 Mobile home park performance standards.
17.12.03 Mobile home lots.
17.12.04 Mobile home standards.
17.12.05 Mobile home design requirements.
17.12.06 Mobile home accessory structures.
17.12.07 Park management responsibility.
17.12.01. Application.
New Mobile homes, as defined by Section 17.02.041, are prohibited in performance districts 1 and 7. New mobile homes are prohibited in districts 2, 3, 4, 5, and 6, unless placed in an approved mobile home park. Replacement of existing mobile homes outside of approved mobile home parks is prohibited. Mobile homes existing outside of approved mobile home parks as of the adoption date of this code shall be considered a nonconforming use provided they comply with all applicable building, fire and safety codes.
(Ord. No. 608, § 1, 3-10-2011)
17.12.02 Mobile home park performance standards.
A. General.
1. Standards pertaining to land use changes of major impact and set forth in other sections apply to the construction, alteration or extension of a mobile home park. However, standards herein which are more stringent (e.g., density) shall control.
2. All buildings and utilities to be constructed, altered or repaired in a mobile home park must comply with all applicable codes adopted by the Town and the state, including building, electrical and plumbing.
3. Because mobile home parks are unique and have problems that are not necessarily associated with other land developments, it is necessary to provide additional separate standards, for their construction to:
a. Promote the safety and health of the residents of such park and adjacent areas;
b. Encourage the economical and orderly development of such parks;
c. Ensure and encourage the development of parks which provide a high quality living environment for park residents.
B. Standards. All mobile home parks shall conform to the following standards.
1. Minimum site. The minimum site for a mobile home park is four acres.
2. Maximum density. There shall be no more than seven mobile homes per net buildable acre. There shall be no more than forty mobile homes in any mobile home park.
3. Maximum height.
Mobile homes — sixteen feet. Accessory buildings to mobile homes — sixteen feet or the height of the mobile home, whichever is less. Common structures — twenty-six feet.
4. Layout.
The park shall be arranged so that all mobile homes face onto, hitch fronting, an interior roadway.
5. Fire protection.
a. The mobile home park is subject to the rules and regulations of the Town and fire protection district.
b. Hydrants. Standard fire hydrants shall be located within one hundred fifty feet of each mobile home or building.
c. Extinguishers. Portable fire extinguishers shall be kept in service buildings and other locations designated by the fire protection district.
6. Utilities.
a. Service Lines. All utility service lines, including television and telephone shall be underground.
b. Utility Easements. Utility easements shall be provided for as required by the Town.
c. Water and Sewer. Mobile home parks shall be subject to the requirements of Sections 17.04.030 and 17.04.040 with respect to the provision of water and sewer service. Each mobile home stand shall he provided with adequate water and sewer hook-ups.
d. Electrical and Fuel Supply. Every mobile home and service building in a mobile home park shall be provided with electrical service and/or a fuel supply properly installed to the specifications of the Town and maintained in a safe condition.
7. Mobile home park grounds.
a. Safety. The grounds, mobile home, and accessory and service structures shall be so located as to provide sufficient space to facilitate fire, safety and disease control.
b. Lighting. Mobile home parks shall be furnished with lighting fixtures so spaced and elevated to provide adequate illumination for the streets, walks, service buildings and other common use facilities for safe movement of vehicles and pedestrians at night.
8. Recreation area.
a. A recreation area of a minimum of ten percent of the total site (not net buildable area) shall be developed for the benefit of the park residents. In all cases, this area shall include a playground.
b. Recreation areas may include a community facility such as a swimming pool or hobby and repair shop.
c. The recreation area shall be accessible to all mobile homes, with a central location being preferable.
9. Landscaping. Areas Requiring Landscaping. All areas not covered by buildings, structures, mobile homes or other relocatable housing units, streets, drives, parking areas, walkways and paths shall be landscaped. Landscaping shall include ground cover.
10. Streets.
a. General. Convenient and safe access shall be provided for pedestrian and vehicular traffic and emergency vehicles.
b. Access. There shall be at least two access roads into/out of the park. The access roads shall be designed to minimize congestion and hazards at the entrance/exit and allow free movement of traffic on adjacent streets.
c. Design. Streets shall be constructed to Town specifications. (See Section 17.04.020.) All mobile home park streets shall be maintained by the mobile home park owner.
d. Dead end streets shall be limited in length to five hundred feet and shall be provided at the closed end with a turnaround meeting the then current adopted Fire Apparatus access standards.
11. Off-street parking. Off-street parking shall be provided for occupants and guests and located to prevent traffic hazards. Two spaces shall be provided for each mobile home lot, and shall be located not more than two hundred feet from the mobile homes that they are intended to serve.
12. Refuse disposal. All refuse shall be stored, collected and disposed of in screened, covered containers and shall be emptied as often as required but a minimum of once per week and is the responsibility of the park management. Refuse collection sites in the mobile home park shall be located within reasonable walking distance of each mobile home.
(Ord. No. 608, § 1, 3-10-2011)
17.12.03 Mobile home lots.
A. Minimum Lot Size.
4500 square feet — single
5000 square feet — double
Minimum space width — forty-five feet.
B. Setbacks. All mobile homes, together with their accessory buildings and other structures shall be set back from each lot line or adjacent mobile homes or other structures where lot lines do not exist according to the following minimum requirements:
SETBACK FROMLOT LINE
SETBACK FROMADJACENT
STRUCTURE
Front and Rear 10 Feet 20 Feet
Entry Side 15 Feet 30 Feet
Opposite Entry Side
Interior Spaces 10 Feet 20 Feet
Spaces Abutting Road 15 Feet 15 Feet from Road
In all cases, these dimensions are measured from the exterior of the mobile home, including attached porches and accessory structures. The requirements of the then current Fire Code for spacing between structures apply fully within mobile home parks.
C. Identification. Each lot shall be numbered uniformly with reflectorized numbers.
D. Occupation. A mobile home lot shall be occupied by only one mobile home. Accessory structures shall not be used as complete living units.
(Ord. No. 608, § 1, 3-10-2011)
17.12.04 Mobile home standards.
A. Foundation. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
B. Anchors. Each stand shall be provided with ground anchors and tie-downs placed at least at each corner, and able to sustain a minimum tensile strength of two thousand, eight hundred pounds.
C. Utility Riser. Each lot shall have a utility riser located and installed as not to be damaged during placement of the mobile home.
(Ord. No. 608, § 1, 3-10-2011)
17.12.05 Mobile home design requirements.
A. HUD Seal. All mobile homes must contain the U.S. Department of Housing and Urban Development seal or substantially conform to the requirements necessary to obtain said seal if a mobile home was constructed prior to the adoption of the HUD seal.
B. Mobile home placements inside a mobile home park must meet then current Routt County foundation, anchoring and utility service codes.
C. Restrictions on Occupancy. A mobile home shall not be occupied for dwelling purpose unless it is properly placed on a stand and connected to all utilities.
D. Skirting must meet then current Routt County building codes, but at a minimum shall meet the following requirements:
a. The space directly beneath each mobile home shall be kept clean and free from refuse. Such space can be used as a storage area; provided, the ground is covered with an impervious material and storage is maintained to prevent rodent harborage. No flammable material shall be stored beneath a mobile home.
b. Skirting shall be provided with doors installed to permit convenient access to sewer, water and gas connections. Skirting material shall be weatherproof, fire-resistant and durable. The inspection panels shall be not less than four square feet in area, eighteen inches in the last dimension.
E. Hitch. All mobile homes shall be parked with the hitch fronting on a park street or upon an area directly accessible to a park street with an unobstructed access of at least fifteen feet in width. The mobile home shall be parked in such a manner so that the front of the hitch shall not protrude onto any sidewalk, street, or required yard.
(Ord. No. 608, § 1, 3-10-2011)
17.12.06 Mobile home accessory structures.
A. Design and Use. Accessory structures shall be designed in a manner that will enhance the appearance of the park and mobile home unit. All mobile homes must be built and maintained in compliance with all Town codes, including the Fire Code and the Town of Oak Creek Municipal Code. Accessory structures shall not be used as complete living units.
B. Porches. All porches, landings, stairs, or other elevated platforms shall meet then current building codes.
(Ord. No. 608, § 1, 3-10-2011)
17.12.07 Park management responsibility.
A. Supervision. The operator of a mobile home park shall be responsible for the supervision and maintenance of the park. The home or office of the operator shall be prominently identified. When the person does not occupy the premises, his name, address and telephone number, together with those of the owner, and any other information needed in an emergency, shall be prominently posted at the entrance of the mobile home park.
B. Placement of mobile homes. The operator shall supervise the placement of each mobile home on the stand, including securing its stability and installing all utility connections.
C. Compliance with Town codes. The owner of the mobile home park is responsible to the Town Board of Trustees for compliance (by his individual lot renters) with all applicable Town ordinances and regulations, including the provisions of this land use code.
D. Maintenance of utilities, streets, recreation areas and landscaping. Maintenance of utilities, streets, recreation areas and landscaping is the responsibility of the mobile home park owner.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.13 VESTING OF PROPERTY RIGHTSSections:
17.13.01 Purpose.
17.13.02 General provisions.
17.13.03 Approval, conditional approval, effective date, amendments, referendum and review.
17.13.04 Notice of approval.
17.13.05 Duration of vested property right.
17.13.06 Other provisions unaffected.
17.13.07 Payment of costs.
17.13.08 Limitations.
17.13.09 Disclosure of previously granted vested property rights and hazards.
17.13.010 Development agreement.
17.13.01 Purpose.
This Section specifies procedures necessary to implement Article 68 of Title 24, C.R.S., as amended, which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site specific development plan. No vested rights shall be created within the Town except through a site specific development plan.
(Ord. No. 608, § 1, 3-10-2011)
17.13.02 General provisions.
A. Request for site specific development plan approval. Landowners wishing the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, shall request that approval in writing at least thirty days prior to the date that the approval is to be considered. Failure of the landowner to request such an approval renders the plan not a "site specific development plan," and no vested property rights shall be deemed to have been created.
B. Notice and hearing. No site specific development plan shall be approved until notice of such hearing has been published by the Town at least fifteen days before the hearing, and after a public hearing called for that purpose. Such notice may, at the Town's option, be combined with any other required notice. At such hearing, all interested persons shall have an opportunity to be heard.
(Ord. No. 608, § 1, 3-10-2011)
17.13.03 Approval, conditional approval, effective date, amendments, referendum and review.
A. A site specific development plan shall be deemed approved upon the effective date of the ordinance granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto.
B. The Town Board may approve a site specific development plan with such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval will result in a vested property right, although failure to abide by all of such terms and conditions shall result in a forfeiture of the vested property rights.
C. In the event amendments to a site specific development plan are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the Town Board specifically finds to the contrary and incorporates such findings in its approval of the amendment.
D. The approval of vested property rights shall be subject to all rights of referendum and judicial review.
E. The approval of a vested property right by the Town voids any and all pre-existing vested property rights on the same real property.
(Ord. No. 608, § 1, 3-10-2011)
17.13.04 Notice of approval.
A. Each plat or site plan constituting a site specific development plan by this Article shall contain the following notice: "This plan constitutes a site specific development plan as defined in Article 68 of Title 24, C.R.S., as amended, and Chapter 17 of the Town of Oak Creek Municipal Code available at
the Oak Creek Town Hall, 129 Nancy Crawford Blvd, Oak Creek, Colorado 80467." Failure to contain this statement shall invalidate the creation of the vested property right.
B. The developer shall publish a notice describing generally the type and intensity of the approved use, the specific parcel or parcels of property affected, the terms and conditions of any approval, and a statement that a vested property right has been created. The notice shall be published once, not more than fifteen days after approval of the site specific development plan in the newspaper of general circulation chosen by the Town for publishing public notices. Failure of the developer to publish the notice constitutes a waiver of the vested right by the developer.
(Ord. No. 608, § 1, 3-10-2011)
17.13.05 Duration of vested property right.
A property right which has been vested as provided herein shall, upon compliance with the terms and conditions of the approval thereof, remain vested for a period of three years; except that the Town Board may, in their sole discretion, grant vested property rights for a longer period when warranted in light of all relevant circumstance, including but not limited to, the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town Board in the ordinance approving such amendments.
(Ord. No. 608, § 1, 3-10-2011)
17.13.06 Other provisions unaffected.
Approval of a site specific development plan shall not constitute an exemption or waiver of any other provisions or requirements of this code or the Town pertaining to the development or use of property, adopted or applicable before or after the approval of the site specific development plan.
(Ord. No. 608, § 1, 3-10-2011)
17.13.07 Payment of costs.
In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay all costs incurred by the Town related to such application including, but not limited to, publication of notices, public hearing costs, county recording fees and third-party review costs.
(Ord. No. 608, § 1, 3-10-2011)
17.13.08 Limitations.
This Section is enacted pursuant to the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Section shall be deemed to be repealed, and the provisions hereof no longer effective.
(Ord. No. 608, § 1, 3-10-2011)
17.13.09 Disclosure of previously granted vested property rights and hazards.
A. Any petition for annexation to the Town shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and be accompanied by all site specific development plans approved by any local government. Failure to so identify any previously approved vested property right and provide all approved site specific development plans shall constitute a waiver of the vested rights created by any other local government upon annexation to the Town unless specifically provided otherwise in the ordinance of annexation adopted by the Town.
B. The applicant shall be required to include with any plan submitted for approval as a site specific development plan notice of any natural or manmade hazards on or in the immediate vicinity of the subject property which are known to the applicant or could reasonably be discovered at the time of submission of the plan. Should a hazard on, or in the immediate vicinity of, the property be discovered subsequent to the approval of a site specific development plan which would impose a serious threat to the public health, safety and welfare and is not corrected by the applicant, the vested property right created by such site specific development plan shall be forfeited by the applicant.
(Ord. No. 608, § 1, 3-10-2011)
17.13.010 Development agreement.
Nothing herein shall be construed to limit the authority of the Town and a landowner to enter into a development agreement vesting property rights in the landowner. Such agreement shall be construed in accordance with the terms and conditions of said agreement and not be limited or expanded by the provisions of this Code.
(Ord. No. 608, § 1, 3-10-2011)
Chapter 17.14 FORMSSections:
17.14.01 Forms.
Article 1. NAME.
Article 2. PURPOSE.
Article 3. ORGANIZATIONAL STATEMENTS.
Article 4. MEMBERSHIP.
Article 5. MEMBER QUALIFICATIONS
Article 6. OFFICERS AND ELECTIONS.
Article [7]. MEETINGS.
Article [8]. AMENDMENTS.
17.14.01 Forms.
The following forms are adopted and incorporated fully herein by this reference as the official forms for use by the Town and applicants for any and all of the reviews and approvals specified in this code:
A. Form D-1: Application for Land Use Change of No Impact.
B. Form D-2: Application for Minor Land Use Change.
C. Form D-3: Application for Major Land Use Change.
D. Land Use Code Fee Schedule.
APPENDIX AOAK CREEK PERFORMANCE DISTRICT MAP
APPENDIX BBYLAWS FOR THE OAK CREEK PLANNING COMMISSION
Article 1. NAME.
The official name of this organization shall be the Oak Creek Planning commission.
Article 2. PURPOSE.
The purpose of the Oak Creek Planning commission is to make recommendations to the Board of Trustees based on the Town of Oak Creek Land Use Code and Comprehensive Plan utilizing the mission, values and goals as outlined below.
Article 3. ORGANIZATIONAL STATEMENTS.
A. Mission: The mission of the Oak Creek Planning commission is to identify concerns and facilitate solutions in matters concerning land use and land use changes in our community through open communication and recommendations for administration, interpretation and modification of the Town of Oak Creek Land Use Code and the Comprehensive Plan.
B. Values: In pursuit of our mission the members value teamwork, cooperation, mutual respect, common trust, honest communication and equal representation and coordination.
C. Goals:
1. To develop our Commission as an open forum for the identification, prioritization and resolution of concerns affecting land use matters and community values in and adjacent to the Town of Oak Creek.
2. To insure and coordinate the continued administration, interpretation and refinement of land use matters and land use code guidelines.
Article 4. MEMBERSHIP.
A. The Oak Creek Planning commission membership is comprised of six positions - five with voting privileges and one alternate. The alternate to sit on commission w/o voting privileges but able to fully participate in discussions. If voting quorum is not met at each meeting then the alternate is able to fill the vacancy for voting. All voting members of the planning commission may move, second and vote.
B. Members are to be appointed to the planning commission by the Town Board of Trustees and one commission member shall be a member of the Board of Trustees.
C. Terms of members are not limited.
D. Members may be asked to step down in the following circumstances:
1. If they miss three or more consecutive meetings, not due to illnesses, death, accidents or unforeseen circumstances.
2. If a regular member misses two consecutive meetings, then the alternate shall serve as a primary voting member until the regular member attends two consecutive meetings
3. If member knowingly breaks the law in a manner unbefitting a member of the planning commission.
4. Member speaks continually with parties involves w/items coming before the planning commission, outside of the planning commission meetings and does not disclose these conversations to the planning commission.
5. Accepts bribes for votes.
6. Perceived conflict of interest
Article 5. MEMBER QUALIFICATIONS
A. Members must be residents and eligible as a voter of the Town of Oak Creek.
B. Members should represent many aspects of the community in regards to age, gender, occupation, neighborhood, etc.
[C]. Member must disclose discussions outside of meetings that took place with parties that bring items before the planning commission. If planning commission member has personal involvement or possible gain in regards to issues brought before the planning commission, then they must excuse themselves from the planning commission at the time of item discussion.
Article 6. OFFICERS AND ELECTIONS.
A. The officers of the Oak Creek Planning commission shall be a Chairperson and Vice-Chairperson. The officers shall be annually nominated and elected by simple majority vote at each December meeting of the Oak Creek Planning commission. Officers will serve for one year, and may be re-elected ad nauseam.
B. The Chairperson shall represent and promote, in every reasonable way, the interests of the Oak Creek Planning commission. The Chairperson shall preside at the business meetings of the Oak Creek Planning commission
C. The Vice-Chairperson shall assume the duties of the chairperson whenever that person is unable to act.
Article [7]. MEETINGS.
A. The Oak Creek Planning commission shall function as an advisory board to the Board of Trustees of the Town of Oak Creek. Therefore, the proceedings of the Oak Creek Planning commission shall be subject to the Colorado Open Meetings Law. In conducting its proceedings the following rules shall apply:
1. All meetings of the planning commission be conducted in accordance with the provisions of C.R.S. 24-6-402;
B. The meetings of the Oak Creek Planning commission shall be held monthly at the Oak Creek Town Hall on the third Wednesday of every month, at 7:00 p.m. in Town Hall Meeting Room. At the discretion of the planning commission Chairperson, meeting dates may be changed, special meetings scheduled, or regular meetings cancelled as long as proper public notice has been made and adequate commissioner notification has been attempted.
C. Agenda
a. Call to Order
b. Roll Call
c. Consider Agenda
d. Discussion and acceptance of previous planning commission meeting minutes
e. Items
f. General Business
g. Items of concern by planning commission members
h. Adjournment
D. Town Clerk to issue and mail the monthly agenda and packet for receipt by commission members seven days prior to the meeting so that members may take the time to consider items in respect to the Land Use Code and Comprehensive Plan and come to meetings more informed in order to assist the people coming before the planning commission in a more efficient manner. In order to accommodate this, petitioners must have all submittals to the Town Clerk fourteen days prior to the meeting. Late or incomplete submittals, incomplete or illegible drawings etc. may be denied review and/or discussion until the next regularly scheduled meeting. The Town Clerk is expected to be present at and duly compensated for meetings where subject matter is such that specific detailed minutes are necessary or at the specific request of the planning commission Chair.
Article [8]. AMENDMENTS.
These Bylaws may be amended by a two-thirds vote of the members present at any meeting of the Commission provided that notice of the proposed amendment has been supplied to members of the Commission at least sixty days prior to the voting date.
APPENDIX CTOWN OF OAK CREEK "LAND USE" CHECKLIST
The Town of Oak Creek does not have "Zoning"Instead we operate under a "Land Use Code" adopted by the voters in 1983
A land use change is defined as: A change in the actual use of land or improvements thereon.
This includes the establishment of new businesses, and relocation, modification of operations or expansion of existing businesses.
Land use changes are a review process based on standards by which all land use changes within the Town are regulated. The degree of review and the number of regulations which must be complied with are controlled by the size and scope of the land use change proposed. In general, land use changes which are major or involve large portions of property will require greater review than minor land use changes. Some land use changes will require no review at all. The review process allows for input from affected neighbors, citizens and other entities which may be affected by the proposal.
In an attempt to clarify and simplify this process we have developed the following checklist to help you determine the complexity of your proposed land use and the review process required.
Please go through the check list and check all that may be applicable to your proposed land use change.
Sign and date and return to the Town Clerk with any additional documentation pertinent to your proposal for a final determination of what category your proposal falls within.
Failure to check ALL applicable boxes pertinent to your proposal may result in denial or delay in the review of your petition.
A land use change is defined as: A change in the actual use of land or improvements thereon. This includes the establishment of new businesses, and relocation, modification of operations or expansion of existing businesses. Other pertinent definitions include:
Commercial use: means a use of property with its primary purpose to produce income from the sale directly to the public or indirectly to other establishments of goods or services in commerce.
Cottage industry: means a business occupation conducted within a single-family residence, where such occupation is clearly secondary to the main residential character of the dwelling unit or the neighborhood, provided that:
□ There is no outside storage of goods or materials,
□ Not more than twenty- five percent of the gross floor area of the dwelling unit or thirty-five percent of a single outbuilding is for cottage industry use,
□ The cottage industry employs no more than two persons including its owner,
□ The cottage industry is owned and operated by a person residing in the home, and
□ There is no external display or advertising, except for one sign no larger than two square feet.
Nonconforming use:
A nonconforming use is any activity using land, buildings, signs and/or structures for purposes which were legally established prior to the effective date of this code or subsequent amendment to it and which would not be permitted to be established as a new use by the regulations of this code.
A subdivision or resubdivision: means any subdivision or redivision of a subdivision, tract, parcel, or lot of land into two or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries. Unless the method of disposition or division is adopted for the purpose of evading this code, the terms "subdivision" and "resubdivision" shall not apply to any division of land:
1. Which is created by order of any court in this state or by operation of law;
2. Which is created by a lien, mortgage or deed of trust or any other security instrument;
3. Which is created by a security or unit of interest in any investment of the trust regulated under the laws of this state or any other interests in an investment entity;
4. Which creates cemetery lots;
5. Which creates an interest or interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; and
6. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common in any such interest shall be deemed for purposes of this section as only one interest.
The Town Board may exempt from this definition any division of land if the board determines that such division is not within the purpose of this code.
Land use changes within the Town are divided into three categories:
(1) Land use changes having no significant impact;
(2) Land use changes having minor impact;
(3) Land use changes having major impact.
These categories are defined as follows.
Land use changes of no impact.
These will be reviewed as an Administrative Review by Town staff, to include the Town Clerk, and Public Works Director and require no review by the planning commission and the Board of Trustees unless requested by the Town Staff. Staff may also refer plans to the Police Chief and the District Fire Chief for review and comment. Land use changes of no impact include:
□ Fences, culverts and walls (other than building walls);
□ Foot bridges for private use;
□ Signs for standards;
□ Private swimming pools;
□ Porches and house additions set back from the lot line within the distances required for that housing type, and/or of a height less than twenty-five feet from existing grade at the highest point and meeting all other requirements of this code;
□ Sidewalks and walkways;
□ Construction of garages or outbuildings equal to or less than the height or bulk of the primary structure and within the distances required for setbacks for the associated housing type and meeting all other requirements of this code;
□ Placement of a mobile home in an approved mobile home park;
□ Construction of any one single-family dwelling unit on a legal parcel if sited within the distances required for setbacks and in compliance with all other requirements of this code;
□ Establishment of a cottage industry if no outside advertising, lighting, additional vehicles, deliveries or other activities are proposed that may impact the neighborhood.
□ Short-term events. An outdoor event that takes place on public or private property, including but not limited to special events and sales.
□ Changes in use of an existing commercial or industrial development or relocation of an existing commercial or industrial use within Performance Districts 1, 2, or 7 only if all of the following conditions exist:
□ The proposed use does not substantially differ from the previous use of a building or land and where such change does not result in different parking requirements, access or circulation patterns, traffic impacts, drainage patterns, building configurations, lighting, or generation of noise, heat, glare, vibration, smoke, odor, or dust.
□ The proposed business will be located in an existing structure;
□ Structural alteration of less than seventy-five percent of the existing gross floor area of the existing structure is required;
□ The proposed business does not require exterior structural change;
□ The proposed use conforms to all applicable provisions of the land use code, utility rules and regulations and the Oak Creek Municipal Code;
□ The proposed use conforms generally to the Oak Creek comprehensive plan and its components.
Land use changes of minor impact.
These require only one review by the planning commission and the Board of Trustees and include:
□ Construction of garages or outbuildings having a height or bulk greater than the primary structure or proposed for construction closer to the lot line than allowed by the setback requirements for the associated housing type or if not in compliance with any other requirements of this code;
□ Porches and house additions to be constructed closer to the lot line than allowed by the setback requirements for the associated housing type or not meeting any other requirements of this code;
□ Construction of any one single-family dwelling unit on a legal parcel if proposed for construction closer to the lot line than allowed by the setback requirements or if not in compliance with any other requirements of this code;
□ Construction of a duplex;
□ Establishment of a cottage industry.
□ Residential subdivision of no more than two parcels;
□ Construction of an accessory dwelling unit;
□ Construction of a live-work unit;
□ Changes in use of existing commercial or industrial developments or relocation of an existing commercial or industrial use within performance district 1, 2 or 7, if:
□ The proposed business will be located in an existing structure; and
□ Structural alteration of less than seventy-five percent of the existing gross floor area of the existing structure is required; and
□ One or more of the following conditions exist:
□ The development will require exterior structural change;
□ The proposed use does not meet the dimensional standards of the associated performance district or other requirements of this code;
□ The proposed use substantially differs from the previous use of a building or land or where such change in use may result in different parking requirements, access or circulation patterns, traffic impacts, drainage patterns, building configurations, lighting, or generation of noise, heat, glare, vibration, smoke, odor, dust, or lighting.
Land use changes of major impact
These require review by the planning commission and the Board of Trustees and include:
□ Establishment of junk yards;
□ Subdivision into three or more parcels;
□ Establishment of any new commercial or industrial use or relocation of an existing commercial or industrial use (exclusive of cottage industry) if either of the following conditions exist:
□ The proposed use will be located in a new structure;
□ The proposed use will require structural alteration of more than seventy-five percent of the existing gross floor area of an existing structure.
□ Construction of a triplex or multi-family dwelling, including townhomes and condominiums;
□ Establishment or enlargement of a mobile home park;
□ Annexation of land.
□ Public and quasi-public buildings (fire, school, police, etc.);
Violations and remedial actions.
Pursuant to Section 17.09 of this code, the erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to the provisions of this code is declared to be a violation of this code and the Town may immediately insti tute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violations. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law as provided by Section 17.09 of this code.
Penalties for Violations.
Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject to the penalties provided for in Section 1.20.010 of the Oak Creek Municipal Code.
I hereby affirm that to the best of my ability I have read and understand, and that I have checked all applicable details of my proposed land use change.
Submitted this date _____
Signed _____
Print Name _____
APPENDIX DTOWN OF OAK CREEK LAND USE CODE FEE SCHEDULE
MINIMUM BASIC FEES: The Minimum Basic Fees listed shall be paid in full at the time of application. An application will not be deemed and scheduled for review until the Minimum Basic Fee has been paid in full. The Minimum Basic Fee is designed to cover basic filing, publication and processing costs. It also includes the minimum amount of staff time typically required for an application of that type.
HOURLY FEES: Hourly Fees will be charged for staff time not covered by the Minimum Basic Fees. Staff time will be charged at a minimum rate of $100/hr. This rate may be adjusted by the Town Administrator/Clerk as necessary. Hourly Fees apply to all review processes unless otherwise noted.
RENEWAL FEES: 50% of the Minimum Basic Fee will be charged to process renewals that are authorized under the original conditions of approval or in the Land Use Code.
SPECIAL FEES: Special fees may be charged at the discretion of the Board of Trustees for professional consultants or special research/analysis that is required to ensure adequate review of an application.
APPROVALS/PERMITS ARE CONTINGENT ON FULL PAYMENT OF ALL APPLICABLE FEES: This includes any and all Minimum Basic Fees, Hourly Fees, Surcharges, and/or Special Fees. Approvals/Permits with outstanding balances that exceed 90 days will be revoked.
REVIEW PROCESS MINIMUM BASIC FEE NOTES
Building Permit Sign-Off $50
Collected at permit application through Routt County Regional
Building Dept. Hourly rates apply for reviews more than ½ hour
Land Use Change of No Impact $100
Sign Approvals $50 No Hourly Fee
Land Use Changes of Minor Impact
$250
Land Use Changes of Major Impact - Conceptual Plan
$1000
Land Use Changes of Major Impact - Final Plan
$100/Residential Unit
$500/Other Constructed Units
Pre-Application Worksession $100Fee will be applied to subsequent application if such moves forward
Flood Hazard Area Permit $100
Vacation of Plat, Right-of-Way or Public Utility Easement
$250
Variances $500
Subdivision Exemption (Board of Trustee Review Only)
$1000
Subdivision Improvement Agreement
$1000 or $100/lot whichever is less
Other Review Requiring Town Approval (for example Comprehensive Plan
Hourly fees only. A deposit of $500 against which the hourly rate will be applied is required.
Amendments, Land Use Code Amendments)
Any unused balances will be returned to applicant.
RESEARCH1: First three (3) hours no charge; each additional hour will be charged at the current rate for Hourly Fees. Research requests shall be submitted to the Town Clerk and are subject to approval prior to the initiation of any staff research. The Town Clerk shall determine if the requested research is appropriate based on the nature of the research requested, the amount of research requested, and the available staff time.
DETERMINATION/INTERPRETATION LETTER: Hourly Fees will apply ($50 minimum).
1Research is defined as the interpretation of documents in the Town's land use files. By way of example and not limitation, a party may request research as to the land use history of a particular parcel or for the history and status of a land use approval for a specific parcel. This section is not intended to replace or nullify a citizen's rights under the Open Records Act to inspect and copy a specifically described document or documents or file.
APPEALS: Appeals in accordance with the Land Use Code will be charged Minimum Basic Fees and Hourly Fees at the same rate as the original application.
AFTER THE FACT REVIEW: An additional charge equal to the total applicable Minimum Basic Fees shall be applied to all applications for Approvals/Permits that are received after the state of construction and/or operation. These additional fees will not be used to offset any Hourly Fees that may apply.
MULTIPLE PROCESSES: In general, an application will be charged the total of all applicable Minimum Basic Fees at the time of application. However, the Town Clerk may adjust the aggregate of fees for concurrent multiple processes based upon the scope and complexity of each affected application and the cost to the Town to complete the reviews.
REFUNDS: Fees will not be refunded for any processing or partial processing of an application except as approved by the Board of Trustees.
OTHER DEPARTMENT AND AGENCY FEES: Applicant will be responsible for any and all fees charged by other departments or agencies necessary to process application including but not limited to:
a. Oak Creek Rural Fire Protection District
b. Clerk and Recorder Fees
c. Routt County Regional Building Department Fees
d. Colorado State Engineer
e. Colorado Geological Survey
CRITERIA FOR THE WAIVER OF FEES FOR SPECIAL PROJECTS: Fees may be reduced or waived by the Town Clerk or the Board of Trustees. In general, but not limited to, the following categories will be used to determine if a fee reduction or waiver is appropriate:
a. Projects of public entities;
b. Projects of non-profit entities that will have a substantial benefit to the citizens of the Town of Oak Creek; or
c. Projects initiated by the Town of Oak Creek
(Ord. No. 608, § 1, 3-10-2011; Ord. No. 616, § 13(Exh. B), 5-10-2012)