The regulations codified in this Chapter shall be known and may be cited as the Zoning Ordinance of the Town of Eaton.

(Ord. 369, 1982; Ord. 480 §1, 2000)

(a)

The ordinance is drawn in accordance with the Eaton Comprehensive Plan and is designed for the purpose of promoting the health, safety, convenience and welfare of the citizens of Town. The purpose of the ordinance is to lessen congestion in the streets, to provide adequate light and air, to encourage the most appropriate use of land, and to conserve the value of property in accordance with the Eaton Comprehensive Plan. The ordinance is also designed to prevent the overcrowding of land, avoid undue population concentrations and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements.

(b)

Statutory authority. The Eaton Zoning Ordinance is authorized by Colorado Constitution Article XX and Title 31, Article 23 §301 et seq., of the Colorado Revised Statutes.

(Ord. 480 §1, 2000)

Provisions of this Section II shall apply to all public and private lands within the incorporated limits of the Town.

(Ord. 480 §1, 2000)

A zoning ordinance was originally adopted in 1982, Town of Eaton Ordinance No. 369. A comprehensive revision of this Section II was approved on April 20, 2000, to implement the update of the Town's Comprehensive Plan adopted on May 20, 1999.

(Ord. 480 §1, 2000)

To the extent that the provisions of this Section II are the same in substance as the previously adopted provisions that they replace in the Town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as enactment unless otherwise specifically provided. Any situation that did not constitute a lawful, nonconforming building or site under a previously adopted zoning ordinance does not achieve lawful nonconforming status under this Section II.

(Ord. 480 §1, 2000)

It is the intent of the Town Board that this Section II implement the planning policies adopted by the Board as reflected in the Comprehensive Plan and other related plans and planning documents. The Town Board reaffirms its commitment that this Section II and any amendment to it are in conformity with the adopted planning policies. The Town hereby expresses its intent that neither this Section II nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 480 §1, 2000)

Should any Section or provision of this Section II be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of Section II as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

(Ord. 480 §1, 2000)

(a)

Application to developments in process: All applications for development initiated on and after April 20, 2000, shall be reviewed pursuant to the review process and standards set forth in this Chapter 7, as revised by Ordinance No. 480, and effective on that date. All applications for development submitted for review prior to April 20, 2000, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of the Zoning Ordinance in force prior to May 18, 2000, the effective date of Ordinance No. 480.

(b)

No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building or structure be used for any purpose other than as provided for among the uses hereinafter listed in the district regulations for the zone district in which such land, building or structure is located.

(c)

No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the dimensional regulations, district development standards and supplementary regulations or other provisions hereinafter provided in the district regulations for the zone district regulations for the zone district in which such building, structure or open space is located.

(d)

No yard, setback or other open space on one (1) lot shall be considered as providing a yard, setback or open space for a building on any other lot for the purpose of complying with the provisions of this Section II.

(e)

The general requirements and development standards of this Section II shall apply to uses in the Town as follows:

(1)

New buildings and uses of land: Additions involving expansion of the gross floor area or developed site area by twenty percent (20%) or more above that in existence prior to the effective date of this Section II.

(2)

A change of use: Prior to issuance of a building permit, special use permit or granting of a change in use, the applicant shall demonstrate that the property will comply with all applicable regulations in this Section II.

(3)

All buildings, parking areas, landscaping, signs and other improvements addressed by the development standards in this Section II shall be constructed and installed in accordance with the approved plans prior to issuance of a certificate of occupancy for the building or use.

(f)

The Town Administrator may allow certain improvements to be constructed or installed within an agreed-upon time allowing for seasonal changes. Such arrangements may involve performance bonds or other methods as deemed appropriate by the Town Administrator to assure eventual compliance with this Section II.

(g)

The Town Administrator may permit a permitted use or temporary use not listed in this Section II, provided that such use is of the same general type as the uses permitted by this Chapter.

(h)

Every building shall be located and maintained on a lot as defined in this Section II.

(i)

No parcel of land which has less than the minimum width, depth and area requirements for the zone in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

(j)

Each lot or parcel in separate ownership shall have at least twenty-five (25) lineal feet of frontage on a public street. Each principal building devoted wholly or in part to residential use shall be located on a lot contiguous to a public street with permanent access to the public street sufficient to allow ingress and egress for emergency vehicles providing emergency services to the principal building.

(k)

No lot area, yard, open space or loading area which is required by this Section II for one (1) use shall be used to meet the required lot area, yard, open space or loading area of another use.

(Ord. 480 §1, 2000)

Vested rights procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, and to effectuate local control over creation of vested property rights to the fullest extent permitted under the law.

(Ord. 480 §1, 2000)

(a)

In the application and interpretation of the provisions of this Section II, the provisions of this Section II shall be held to be the minimum requirements. Where regulations for any overlay zoning district or specific regulations of a particular zoning district or general regulations of this Section II differ for a specific condition, the more restrictive shall apply, except as approved and documented within a Planned Unit Development.

(b)

Whenever a requirement of this Section II and a requirement of any other law, rule, regulation, standard or ordinance of the Town, State, Federal Government or any other entity having jurisdiction over similar matters, conflict, the more restrictive standard or requirement shall apply.

(c)

This Section II is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or with existing provisions of private agreements. Where this Section II imposes a lesser restriction than that imposed by such existing provisions of law, contract, covenant or deed, the existing provisions of such law, contract, covenant or deed shall control.

(d)

The Town Administrator or his or her authorized representative shall be charged with the clarification of the intent of all provisions of this Section II.

(Ord. 369, 1982; Ord. 480 §1, 2000)

(a)

It shall be unlawful to erect or construct any building unless the street giving access to the lot or parcel upon which building is proposed to be placed has been dedicated to the Town as a public right-of-way, unless specifically excepted by this Section or other Town ordinances.

(b)

No permits shall be issued by any administrative officer of the Town for the construction of any building, or other improvements requiring a permit, upon any building, or other improvements requiring a permit, upon any unplatted land, unless and until the requirements thereof have been complied with.

(c)

No building or construction permit shall be issued prior to approval of the final plan, unless the property has been specifically exempted from the development process by definition or by official action of the Town Board.

(d)

No site development shall be approved by the Town Board unless all delinquent taxes and special assessments thereon have been paid, and unless such property is classified in the appropriate zoning district as defined in this Chapter.

(e)

Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to these regulations who does not obtain any necessary permits, approvals or variances as required by these regulations, who does not comply with permit, approval or variance requirements, who acts outside the authority of the permit, approval or variance, or who otherwise violates any of the provisions of these regulations, may be enjoined by the Town from engaging in such activity and may be subject to the procedures and penalties described below.

(f)

No building or structure shall be erected, moved or structurally altered unless a building permit has been issued by the Town Building Official or his or her authorized representative, as required by the Building Code. All permits issued shall be in conformance with the provisions of these regulations and all other applicable regulations and shall be valid for a period of time not exceeding one (1) year from the date of issue.

(g)

No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner shall have obtained a certificate of occupancy from the Town Building Official. After inspection by the Building Official, and provided that the use shall be in conformance with the provisions of these regulations and all other applicable regulations, a certificate of occupancy shall be issued within three (3) days of the time of notification by the owner that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the Town Building Official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(h)

The Town Administrator or his or her designee is empowered to order in writing the remedy of any violation of any provision of these regulations. After any such order has been served, no work on or use of any building, other structure or tract of land covered by such order shall proceed, except to correct such violation or comply with said order.

(Ord. 480 §1, 2000)

(a)

Purpose. Pursuant to this Section, the Town Administrator may grant reasonable accommodations in the application of this Section II to persons with disabilities or handicaps seeking equal access to housing under the federal Fair Housing Act, 42 U.S.C. § 3601, et seq., as amended (collectively, "FHA").

(b)

Applicant. An individual with a disability or handicap, his or her representative, the owner or provider of housing for individuals with disabilities or handicaps or any other person with a valid interest may request relief from any land use regulation or procedure contained in this land use code to obtain equal access to housing. The request shall be submitted on a form provided by the Town or in another manner deemed acceptable by the Town Administrator, along with any additional information required by the Town.

(c)

State Certification. Unless otherwise permitted by state law or federal law, the property shall be certified by the Colorado Agency of Recovery Residences and be and remain in compliance with Section 27-80-129, C.R.S., as amended.

(d)

Review Criteria. Among any others deemed relevant, the Town Administrator shall consider the following criteria when reviewing a request for reasonable accommodation under the FHA, and, in the Town Administrator's discretion, determine the weight to place on each such criteria;

(1)

Whether the dwelling unit will at all times be used by an individual or group of individuals with a qualifying disability or handicap;

(2)

Whether the requested accommodation is necessary to afford persons with disabilities equal opportunities to use and enjoy housing;

(3)

Whether the requested accommodation will impose an undue financial or administrative burden on the Town or will require a fundamental alteration of the Town's ordinances, rules, regulations, policies or practices; and

(4)

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit to the applicant.

(e)

Decision. The Town Administrator may approve, conditionally approve or deny the request in accordance with federal law.

(1)

If the request is approved or approved with conditions, the request shall not run with the land.

(2)

If the request is approved or approved with conditions, the property shall be used and maintained only by an individual or individuals with a disability under the FHA.

(3)

As a condition of approval, the applicant shall provide written certification on an annual basis of the following to the Town:

a.

The property will not be used as temporary shelter for homeless persons during the term of the reasonable accommodation;

b.

The property will not be used to provide treatment or care so as to qualify the property as a group living facility under state law;

c.

The property will remain in compliance with all building code, fire code and health department requirements, nuisance laws and other generally applicable laws, ordinance, rules and regulations other than those that have been waived or modified as part of the approved request;

d.

The property is designed and intended for persons with disabilities as defined by the FHA and best efforts will be utilized to ensure that all residents are persons with disabilities; and

e.

The property will be covered by liability insurance.

(4)

If the Town Administrator denies the application, the Town Administrator shall provide written notice to the applicant containing the factual basis for the denial. Within sixty (60) days of receipt of the written notice of denial, the applicant may appeal the decision to the Town Board, who shall, as soon as reasonably practicable, hold a public hearing on the appeal, allow, among others, the applicant and Town Administrator to present evidence, and render a decision based, among any other relevant factors, on the review criteria set forth in this Section.

(f)

Termination of Reasonable Accommodation. In the event that any condition placed upon the grant of reasonable accommodation is violated or the property is no longer used and maintained only by an individual or individuals with a disability under the FHA, the reasonable accommodation shall automatically terminate and the property shall be subject to the same land use regulations, policies, and procedures as any other similarly situated property in the Town.

(Ord. 641 §1, 2024)