Town of Foxfield

Foxfield Zoning Regs. - Art 1 - Gen. Prov.

ARTICLE I - GENERAL PROVISIONS

SECTION 1: TITLE AND AUTHORITY

A. An Ordinance of the Board of Trustees of the Town of Foxfield, Colorado, establishing land use classifications, dividing the Town into districts, imposing regulations, prohibitions, procedures, and restrictions, governing the use of land for residential and non﷓residential purposes, regulating and limiting lot occupancy, determining the size of yards and other open spaces, establishing standards of performance and design, adopting a map of said land use districts, prescribing procedures for changes and modifications of districts, uses by special review, variances, and other permits, allowing for nonconforming uses, structures and land, providing regulations for accessory uses and buildings, providing for the adjustment, amendment, and enforcement thereof, defining certain terms, providing a means of appeal, and prescribing penalties for violations of its provisions, and repealing existing Town of Foxfield Zoning Resolutions, Regulations and Amendments thereof.

B. The Town of Foxfield Zoning Regulations are authorized by Title 31, Article 23, Part 3 of the Colorado Revised Statutes, as amended, and are hereby declared to be in accordance with all provisions of these statutes.

C. The Town of Foxfield has the authority to plan for and regulate the use of land and to administer and regulate areas and activities of special interest as might be delineated in the Master Plan under authority of Title 31, Article 23, Part 2 of the Colorado Revised Statutes, as amended.

SECTION 2: SHORT TITLE
For the purpose of brevity, the Town of Foxfield Zoning Regulations shall hereinafter be referred to as "these Regulations."

SECTION 3: PURPOSE
These Regulations shall be for the purpose of promoting the health, safety, morals, convenience, order, prosperity and/or welfare of the present and future inhabitants of the Town of Foxfield, Colorado, by lessening of congestion on the streets and roads or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and the distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, the protection of urban and non﷓urban development, and providing for the implementation of the goals and policies of the Master Plan or other policies approved by the Board of Trustees.

SECTION 4: JURISDICTION
These Regulations shall apply to all properties within the incorporated area of the Town of Foxfield, Colorado.

SECTION 5: ZONING DISTRICTS
The Town of Foxfield is hereby divided into the following zoning districts:

RR - Rural Residential
RR PUD – Rural Residential Planned Unit Development
BP- Planned Commercial
RP- Planned Residential

The RR PUD, BP and RP Districts listed in this paragraph have a Planned Unit Development (PUD) designation associated with them and the land shall be developed according to the provisions of the approved PUD Plan(s). The RR District does not include a Planned Unit Development (PUD) provision.

SECTION 6: ZONING MAP
The location and boundaries of the zoning and overlay districts hereby established are shown on the map entitled Zoning Map, Town of Foxfield, Colorado.

SECTION 7: APPLICATION OF THESE REGULATIONS
After the effective date of these Regulations, but subject to Article II, Section 1.2, of these Regulations dealing with nonconforming uses, land, and structures:

A. Any new building or other structure, and any tract of land may be used for any purpose permitted or required by these Regulations for the district in which such building, other structure or tract of land is located, and for no other purpose; and

B. The use of any existing building, other structure or tract of land may be changed or extended for any purpose permitted or required by these Regulations for the district in which such building, other structure or tract of land is located, and for no other purpose; and

C. Any existing building or other structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose permitted or required by these Regulations for the district in which such building, other structure or tract of land is located, and for no other purpose. Such use, change, extension, enlargement, reconstruction, structural alteration, conversion or relocation shall be subject to all other regulations set forth or referred to in the regulations for that district, and to any other applicable regulations of these Regulations.

The provisions of these Regulations are applicable not only to private persons, agencies, corporations and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable.

SECTION 8: EXISTING PERMITS, EASEMENTS, PUD PLANS, AND OTHER APPROVALS
These Regulations are not intended to abrogate, annul, govern, or prevail over any permit, easement, Preliminary and/or Final Planned Unit Development (PUD) plan, or other approval issued prior to the effective date of these Regulations.

SECTION 9: OVERLAPPING REGULATIONS
Except with respect to approved Preliminary and/or Final Planned Unit Development (PUD) plans, whenever a provision of these Regulations and any other provision of these Regulations, other law, ordinance, resolution, rule, or regulation of any kind contains any restrictions which cover the same subject matter, the more restrictive requirements shall govern.

SECTION 10: VIOLATIONS
Land in the Town of Foxfield shall not be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of these Regulations or amendments thereto. The Board of Trustees, through the Town Attorney and courts of appropriate jurisdiction, which includes the Town of Foxfield Municipal Court, may initiate legal or other appropriate action to prevent, abate, or remove such unlawful use, maintenance, erection, construction, reconstruction, or alteration, in addition to any other remedies provided by law. Any such violation of these Regulations shall be considered unlawful and a public nuisance.

SECTION 11: ENFORCEMENT
All officials, employees and consultants of the Town of Foxfield vested with the duty or authority to issue permits shall not issue any permit, certificate, or license in conflict with the provisions of these Regulations. Any such permit, certificate, or license issued in conflict with the provisions of these Regulations shall be null and void. It shall be the duty of the Zoning Administrator of the Town of Foxfield to enforce the provisions of these Regulations pertaining to the use, maintenance, erection, construction,
reconstruction, alteration, moving, conversion, or addition to any building or structure.

Building permits for new non-residential construction may be referred to the Town Planner and Town Engineer for review of necessary public improvements.

SECTION 12: PENALTIES
Any person, firm or corporation, whether as principal agent, employee or otherwise, who violates any of the provisions of these Regulations shall be fined an amount not to exceed four hundred ninety-nine dollars ($499.00) for each such violation, such fine to inure to the Town. Each day of the documented existence of any situation held to be a violation shall be deemed an equal and separate offense.




SECTION 13: INVALID PROVISIONS
If any part, subpart, section, paragraph, sentence, clause or phrase of these Regulations is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of these Regulations.

SECTION 14: REPEAL AND EFFECTIVE DATE

A. All Zoning Regulations heretofore adopted by the Board of Trustees, whether they are amendments, extensions, or initial legislation, are hereby declared null and void and superseded by these Regulations.

B. Such repeal shall not affect or prevent the prosecution or punishment of any person for the violation of any Regulation repealed hereby, for any offense committed prior to the repeal.

C. These Regulations are effective as of thirty (30) days after final publication of this Ordinance.

SECTION 15: CORRECTION OF OBVIOUS ERRORS
Nothing in these Regulations shall be construed as a limitation upon the power of the Zoning Administrator, Town Attorney or Town Planner to correct obvious typographical or compositional errors, provided:

A. Such corrections shall not change the legal effect of these Regulations or any part thereof.

B. Such corrections will be reported to the Planning Commission and the Board of Trustees.

C. An errata supplement shall be attached to all copies of these Regulations distributed subsequent to the making of such corrections.

SECTION 16: AMENDMENT
The process for the amendment of these Regulations shall be as specified in Article II; Section 1.1 and as specified in Article II, Section 4, depending on the nature of the amendment sought. (Amended, Ordinance No 7, June 2000)

SECTION 17: DEFINITIONS
Definitions are included as Appendix B of these Regulations.


SECTION 18. VESTED PROPERTY RIGHTS (Amended, Ordinance 5 November, 1999)

A. INTENT.

This Article is intended to define a site specific development plan for the Town of Foxfield pursuant to C.R.S. § 24-68-103, and to establish a procedure to govern the creation of vested rights in accordance with C.R.S. § 24-68-101, et seq. Nothing in this Article is intended to create a vested property right, but only to implement the provisions of C.R.S. § 24-68-101, et seq.

B. DEFINITIONS.
For purposes of this Article, site specific development plan means:

1. For multi-family residential units, apartments and condominiums, the final plat.

2. For commercial and single-family residential construction, the site plan.

C. CREATION OF VESTED RIGHTS.

1. No vested rights shall be created except by the approval of a site specific development plan by the Board of Trustees, or by a development agreement between the Town and the applicant or landowner. Such agreement shall be construed in accordance with the terms and conditions of said agreement, and not limited nor expanded by the provisions of this Article.

2. If the applicant seeks approval of a site specific development plan to create vested property rights, the plan shall include a statement that it is being submitted for designation as a site specific development plan. Failure to include such statement shall result in no vested property rights being created by the approval of the site specific development plan.

D. OTHER REGULATIONS.
Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions or requirements of the Town pertaining to the development and use of the property adopted before the approval of a site specific development plan.

E. WAIVER OR FORFEITURE.

1. Failure to abide by any terms or conditions imposed by the Town on the approval of any site specific development plan shall constitute a forfeiture of any vested right created by the plan, unless otherwise expressly agreed to by the Town in writing.

2. A 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
property right created by any other local government upon annexation to the Town, unless expressly provided otherwise in the annexation ordinance adopted by the Town.

3. A site specific development plan submitted by a landowner and approved by the Town as provided in this Article shall supercede any prior vested property rights for that property, and the landowner waives any right to claim a vested property right by a site specific development plan previously approved by the Town or any other local government for the property.

F. NOTICE.
It shall be the applicant's responsibility to comply with the publication requirements of C.R.S. § 24-68-103(1)(c) following approval of a site specific development plan by the Town.