This document is Chapter 180 of the Town Code of the Town of Frisco. It shall be officially known and cited as the "Frisco Unified Development Code," and is referred to internally in this document as "this Chapter."

(Ord. No. 17-04, 6-27-17)

This Chapter is effective on July 12, 2017.

(Ord. No. 17-04, 6-27-17)

180-1.3.1.

This Chapter is enacted to protect the public health, safety, and general welfare and to implement the policies of the Master Plan.

180-1.3.2.

This Chapter is specifically intended to:

A.

Create efficient streets and allow mobility by vehicle, bike and foot;

B.

Create a healthy community;

C.

Secure safety from fire, flood, and other dangers;

D.

Provide adequate light and air;

E.

Prevent overcrowding of land;

F.

Avoid undue concentration of population;

G.

Encourage housing for persons of all income levels;

H.

Facilitate the adequate provision of transportation, drainage, schools, parks, open space and other requirements;

I.

Conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment;

J.

Encourage the most appropriate use of land throughout the Town based upon the Master Plan and other long-range planning documents; and

K.

Preserve and increase amenities that are vital to the economic health of the community by the promulgation of regulations to fulfill said purposes, in accordance with the provisions of Part 3, Article 23, Title 31, Colorado Revised Statutes (1977 Replacement Volume).

(Ord. No. 17-04, 6-27-17)

This Chapter is adopted pursuant to the authority in the Town of Frisco under Article XX, Section 6 of the Colorado Constitution, the Town of Frisco Home Rule Charter, C.R.S. § 29-20-101 et seq., and C.R.S. § 31-23-301 et seq., as amended.

(Ord. No. 17-04, 6-27-17)

180-1.5.1.

General applicability. This Chapter shall apply to all land, buildings, structures, and uses located within the Town of Frisco, unless an express exemption is granted within this Chapter.

180-1.5.2.

Compliance.

A.

Buildings, structures, or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use without certification that such action is in compliance with the applicable zoning and that all necessary permits have been received from those governmental agencies from which approval is required by state or local law. Issuance of a building permit and/or certificate of occupancy may serve as compliance certification.

B.

No permit, certificate, or approval of any use that is subject to this Chapter shall be issued or granted by any department, agency, Town official, or Town employee without full compliance with this Chapter. Any permit, certificate, or approval issued in violation of this Chapter is void.

180-1.5.3.

Building permits and certificates of occupancy. Application for, requirements for, and issuance of building permits and certificates of occupancy shall be in accordance with Chapter 65, Town of Frisco Building Construction and Housing Standards.

180-1.5.4.

Other regulations. If any provision of this Chapter imposes a greater restriction than that imposed by any other provision of this Code, or any ordinance, regulation, permit, restriction, easement, covenant, or agreement, the provision of this Chapter shall control.

(Ord. No. 17-04, 6-27-17; Ord. No. 19-04, 4-9-19)

The provisions of this Chapter shall be administered and enforced by the Director of the Community Development Department of the Town of Frisco, his/her authorized representative, and/or such other authority as may be appointed by the Town Council.

(Ord. No. 17-04, 6-27-17)

180-1.7.1.

Violations.

A.

Violations of this Chapter or Permit or Approval. It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure or to use any land in violation of any provisions of this Chapter or any amendment thereof, or in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity and that was issued under or required by this Chapter. Any person, firm, corporation, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this Chapter or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this Chapter shall be guilty of a violation of this Chapter.

B.

Restrictions on Transfer, Sale, or Agreements Prior to Subdivision Approval. It shall be unlawful for any person, firm, or corporation to transfer, sell, or agree to sell any lot, tract, parcel, site, separate interest, any condominium interest, time-sharing estate, or any other multiple-dwelling unit within the Town of Frisco until such subdivision has been approved, in writing, by the Planning Commission and the Town Council and a plat is filed in the office of the Summit County Clerk and Recorder; provided, however, that a written agreement to sell, which is expressly conditional upon full compliance by the seller with the subdivision regulations of the Town of Frisco within a specified period of time and which expressly recites that the seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to prompt return of all consideration under said agreement, shall not constitute a violation of the subsection.

C.

Illustrative Examples. Examples of activities inconsistent with this Chapter or with any permit or approval issued under this Chapter include, but are not limited to, the following:

1.

Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Chapter;

2.

Reduction or diminishment of lot area, setbacks, buffers, open space, or other standards below the minimum requirements set forth in this Chapter;

3.

Creation, expansion, replacement, or change of a nonconformity inconsistent with this Chapter and all other applicable regulations;

4.

Failure to remove any sign installed, created, erected, or maintained in violation of this Chapter;

5.

Failure of a private association to construct, improve, or maintain any public or private improvements required by the terms of any permit or approval;

6.

Failure to abide by the condition(s) of any application approval or agreements executed in connection with a grant of approval; and

7.

Failure to comply with applicable provisions or requirements of a certificate of occupancy or building permit.

180-1.7.2.

Penalties.

A.

Any person, firm, or corporation, upon conviction of a violation of any provision of this Unified Development Code shall be punishable as provided in Chapter 1, Article I, of the Frisco Town Code. Each day that a violation exists shall constitute a separate offense.

B.

The Town may, at its discretion, proceed against any violation or violator of any provision of this Chapter by abatement, injunction, or other civil action, which remedies shall be cumulative to the penalties set forth in this Chapter.

C.

No permits shall be issued by the Building Official or any other administrative officer of the Town for the construction of any building or other improvements requiring a permit upon any land for which a plat is required by this Chapter, unless and until the requirements of this Chapter have been complied with.

(Ord. No. 17-04, 6-27-17)

180-1.8.1.

If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent of the Town Council in adopting the provision that:

A.

The effect of such decision shall be limited to that provision or those provisions that is (are) expressly stated in the decision to be invalid; and

B.

Such decision shall not affect, impair, or nullify the remaining provisions of this Chapter, in the whole or any part, and the remaining provisions shall continue in full force and effect.

180-1.8.2.

If the application of any provision of this Chapter to any tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent of the City Council in adopting the provision that such decision shall not affect, impair, or nullify either this Chapter or the application of such provision to any other tract of land.

(Ord. No. 17-04, 6-27-17)

180-1.9.1.

Development approvals. Any development approved under the regulations in effect prior to the effective date of this Chapter may be carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired. If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Chapter.

180-1.9.2.

Pending applications.

A.

A substantially complete development application that was accepted prior to the effective date of this Chapter or an amendment to this Chapter shall be decided under the regulations in effect when the application was accepted, or may be reviewed and decided under this Chapter at the request of the applicant. Applications shall not be processed under a combination of prior regulations and this Chapter.

B.

Any re-application for an expired project approval shall meet the standards in effect at the time of reapplication.

180-1.9.3.

Prior violations. If a development or activity in violation of the prior development regulations fully complies with this Chapter, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations are still valid and shall remain the responsibility of the violator under the prior regulations.

(Ord. No. 17-04, 6-27-17)