The regulations codified in this title shall be known and may be cited as the Zoning Ordinance of the City of Fountain.

(Ord. No. 1742, § 1, 1-14-2020)

This title is written in accordance with the Fountain Comprehensive Development Plan and is designed for promoting the health, safety, convenience and welfare of the citizens of Fountain. The title is intended to lessen congestion in the streets, provide adequate light and air, encourage the most appropriate use of land, ensure the protection and preservation of open lands and natural amenities, and to conserve the value of property in accordance with the Fountain Comprehensive Development Plan.

(Ord. No. 1742, § 1, 1-14-2020)

The Fountain Zoning Ordinance is authorized by C.R.S. tit. 31, art. 23, § 301 et seq. and is declared to be in accordance with all provisions of the statutes.

(Ord. No. 1742, § 1, 1-14-2020)

Provisions of this title shall be effective within the incorporated limits of the City of Fountain.

(Ord. No. 1742, § 1, 1-14-2020)

A.

These regulations shall be in effect from the date of adoption by the city council of the City of Fountain.

B.

To the extent that the provisions of this title are the same in substance as the previously adopted provisions that they replace in the city's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as enactments unless otherwise specifically provided. Any situation that did not constitute a lawful, non-conforming building, use, or site under a previously adopted zoning ordinance does not achieve lawful non-conforming status under this article.

(Ord. No. 1742, § 1, 1-14-2020)

A.

It is the intent of the planning commission and city council that this title implements the planning policies adopted by the planning commission and city council as reflected in the comprehensive development plan and other related plans and planning documents. The planning commission and city council reaffirms its commitment that this title and any amendment to it are in conformity with the adopted planning policies.

B.

The city hereby expresses its intent that neither this title nor any amendment to it may be challenged based on any alleged non-conformity with any planning document. The Fountain Comprehensive Development Plan shall be used as guide in decision-making and may be reasonable grounds for denial or reconsideration of the application.

(Ord. No. 1742, § 1, 1-14-2020)

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

(Ord. No. 1742, § 1, 1-14-2020)

A.

Except as provided in this chapter:

1.

No building shall be erected or structurally altered, and no building or premises shall be used for any purposes other than as permitted in the zoning district in which the building or premises is located.

2.

No lot area shall be so reduced or diminished that the yards or open spaces shall be smaller than those prescribed by this chapter, nor shall the lot area per dwelling unit be reduced in any manner except in conformity with the regulations established for the district in which such building is located.

3.

No yard or other open space provided about any building for the purpose of complying with this chapter shall be considered as providing yard or other open space for any other building.

(Ord. No. 1742, § 1, 1-14-2020)

The regulations contained in this chapter are not retroactive in their application to existing buildings.

(Ord. No. 1742, § 1, 1-14-2020)

A.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare.

B.

Whenever the requirements of this chapter are at variance with any other lawfully adopted rules, regulations or ordinances, the more restrictive, or that imposing the higher standards, shall govern.

(Ord. No. 1742, § 1, 1-14-2020)

Should any section, clause or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid.

(Ord. No. 1742, § 1, 1-14-2020)

A.

It shall be the duty of the zoning administrator or designee to enforce the provisions of this chapter.

B.

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 or comply with the necessary permits, approvals or variances as prescribed by these regulations or who violates any of the provisions of these regulations, may be enjoined by the city for engaging in such activity and may be subject to the penalties described in this chapter.

C.

It shall be unlawful to erect or construct any building subject to the uniform building code, unless specifically excepted by this section or other city ordinances.

D.

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

E.

No building or construction permit shall be issued prior to approval of the plot plan or site development plan, unless the property has been specifically exempted from the development process by definition or by official action of the city council, after planning commission review.

F.

No plot plan or site development plan shall be approved by the zoning administrator unless such property is classified in the appropriate zoning district as defined in this title.

G.

No building or structure shall be erected, moved, or structurally altered unless a building permit therefore has been issued by the building official or his authorized representative. All building permits shall be issued in conformance with the provisions of these regulations and all other applicable regulations and shall be valid for a period of time not exceeding six months from the date of issue.

H.

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 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 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 city building official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

I.

The zoning administrator is empowered, pursuant to title 2 of the City of Fountain Municipal Code 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. No. 1742, § 1, 1-14-2020)

No building shall be constructed or structurally altered and used until the building official has certified that such building and the use thereof comply with the provisions of this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

Before issuing a building permit for the construction, alteration or moving of a building the building official shall satisfy himself or herself that such building and the use thereof after construction, alteration or new location will conform to the provisions of this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

No vacant land shall be used and no existing use of land shall be changed to another use until the zoning administrator has certified that such use complies with the provisions of this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Any land use application fee required by this chapter shall be nonrefundable and shall be used by the city to defray the city's in-house administrative costs associated with the subject application, including but not limited to city staff time to administer and process the application and the costs of inspections, publications and notices and other requirements.

B.

Any development review fee required by this chapter shall be refundable, as further provided below, and shall be used by the city to reimburse the city's direct costs in processing the application that are not covered by the land use application fee, including but not limited to outside consultant fees necessary to review the application, such as legal, planning and engineering fees.

(Ord. No. 1742, § 1, 1-14-2020)

A.

No application filed under this chapter shall proceed to hearing or to the final administrative decision-making process, as applicable, until such application has been deemed complete by the zoning administrator.

B.

Any application that requires additional or modified submittals shall be considered abandoned if the required submittal or resubmittal is not made within 180 days of the date of written notice of the required submittal or resubmittal.

C.

No abandoned application shall be further processed, and any project proposed by an abandoned application may be subsequently proposed again only through an entirely new application, including but not limited to a new application form, all required submittals and applicable fees.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Penalty for violations. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this chapter.

B.

Legal action. In case any building or structure is or is proposed to be erected, constructed, altered, maintained or used, or any land that is proposed to be used, in violation of any provision of this chapter, the city council or the city attorney, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Ord. No. 1742, § 1, 1-14-2020)