These regulations shall be known as the Unified Development Code (UDC) of the Town of Fairplay, Colorado.

(Ord. 2015-3, §1, 1-4-2016)

This Unified Development Code shall become effective on February 8, 2016.

(Ord. 2015-3, §1, 1-4-2016)

The Board of Trustees of the Town of Fairplay is authorized by the Colorado Revised Statutes to adopt and administer the provisions of these regulations under CRS 29-20-101 et seq., and CRS 31-23-301 as amended.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Comprehensive Plan. The duly adopted Fairplay Comprehensive Plan establishes the vision, goals and policies pertaining to land-use that support the provisions of this Unified Development Code (UDC). The Comprehensive Plan was adopted in conformance with CRS Section 31-23-201, et seq., and includes a community vision, goals, policies, maps, charts and written narratives intended to guide land-use decision-making in the community. The Comprehensive Plan is to be consulted as part of the land-use review and decision-making process in conjunction with this UDC as a basis for decisions on land use applications. Land use applications should be substantially compliant with the provisions of the Fairplay Comprehensive Plan.

(B)

Land-use policies.

1.

Protect Fairplay's character through historic preservation and quality design.

2.

Maintain a compact community.

3.

Ensure substantial compliance with the comprehensive plan.

4.

Maintain parks, open space and trail acreages that keep pace with growth and demands.

5.

Promote walkability and non-motorized access.

6.

Support renewable and sustainable energy options.

7.

Protect scenic vistas, air/water quality, riparian corridors and sensitive habitat.

8.

Avoid development in hazard areas.

9.

Support a variety of housing options.

10.

Ensure a sustainable and dynamic local economy.

11.

Maintain high quality infrastructure and services that meet long-term needs.

(Ord. 2015-3, §1, 1-4-2016)

The purpose of this Chapter is to promote the public safety, health, convenience, comfort, prosperity and welfare of the present and future inhabitants of the Town, by regulating the use and development of land, by lessening of congestion in the streets and roads, securing safety from fire and other dangers; preventing pollution of air/water/land; providing light and air; avoiding undue congestion of population; facilitating the adequate provision of transportation, water, schools, and other public requirements; and protect the historic and architectural heritage of the community; and securing protection of the tax base; to ensure substantial compliance with the comprehensive plan; and to encourage and facilitate the orderly growth and expansion of the Town. Unless specifically exempted from its terms, all regulations contained in this Chapter shall apply to the lands and activities of all government agencies, whether federal, state, county or municipal, to the maximum extent permitted by law.

(Ord. 2015-3, §1, 1-4-2016)

The Jurisdiction of Board of Trustees is the Fairplay municipal limits within which they have the statutory authority to enforce the Building, Zoning and Subdivision Regulations and up to three (3) miles outside the Town boundaries where Board of Trustees has authority to adopt a master plan (i.e., comprehensive plan).

(Ord. 2015-3, §1, 1-4-2016)

The provisions of this Chapter shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever this Chapter is at variance with other adopted rules, regulations or other ordinances, that which is most restrictive or requires the highest standards shall apply.

(Ord. 2015-3, §1, 1-4-2016)

In interpreting and applying the provisions of this Chapter, the provisions shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this Chapter to interfere with, or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this Chapter shall govern.

(Ord. 2015-3, §1, 1-4-2016)

Should any section, subsection, paragraph, clause, word, or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2015-3, §1, 1-4-2016)

All previously, enacted zoning and subdivision ordinances are hereby repealed. This Chapter shall become effective on February 8, 2016.

Passed by the Town of Fairplay, Colorado Board of Trustees on the 4th day of January, 2016.

(Ord. 2015-3, §1, 1-4-2016)