The regulations codified in this Code shall be known and may be cited as the Zoning Code of the Town of Minturn

(Prior code 16-1-1)

(a)

This Chapter is drawn in accordance with the Minturn Community Plan ("Master Plan") and is intended to implement said Community Plan. The purpose of this Chapter is to encourage the most appropriate use of land, to preserve and promote the Town's economy, heritage and small town qualities, and it is designed to promote the health, safety, welfare and convenience of the citizens of the Town by:

(1)

Dividing the Town into distinct Character Areas and zoning districts which control future land use through the use of land and buildings, the intensity of such use, including bulk and height, and the amount of surrounding open space;

(2)

Providing suitable transitions between areas of different land uses;

(3)

Limiting the bulk, scale and density of new and existing structures to preserve the desired character of the Town and assuring adequate light and air;

(4)

Establishing and regulating setback lines along streets and highways, property lines and watercourses;

(5)

Minimizing adverse impacts on landowners from incompatible neighboring developments and conserving the value of property; and

(6)

Reducing the danger and congestion along Highway 24 and on Town streets.

(b)

It is the intent of the Town Council that this Chapter implement the planning policies adopted by the Town Council in the Community Plan and other related plans and planning documents. While the Town Council reaffirms its commitment that this Chapter, and any amendment to it, be in conformity with the adopted planning policies, the Town hereby expresses its intent that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 5, 2009 §6)

This Code is authorized by the Home Rule Charter and Section 31-23-301, C.R.S., and is declared to be in accordance with all provisions of these statutes.

(Prior code 16-1-3)

Provisions of this Chapter shall be effective within the incorporated limits of the Town.

(Ord. 5, 2009 §7)

(a)

The Planning Director shall be responsible for interpreting this Chapter. Where regulations for any zoned area or general regulations of this Chapter differ for a specific condition, the more restrictive shall apply, except as approved and documented within a Planned Unit Development.

(b)

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

(Ord. 5, 2009 §8)

(a)

The provisions of this Chapter shall apply to the development of all land within the Town and shall be considered as minimum requirements. No development shall be undertaken without prior authorization pursuant to this Chapter. The provisions of this Chapter shall apply to the development of land by all units and/or agencies of federal, state, county and municipal government to the extent permitted by state and federal law.

(b)

No building or structure shall be erected and no existing building or structure shall be moved, altered or extended or any land, building or structure be used for any purpose other than as provided for in this Chapter and as specifically 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 or 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 in which such building, structure or open space is located or in other applicable provisions.

(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 Chapter, except where required in the adopted Fire, Mechanical, Electrical, Plumbing and Building Codes, as amended.

(Prior code 16-1-6)

(a)

Annexation of land shall be governed by the Colorado Municipal Annexation Act of 1965, as now existing or hereafter amended, except as otherwise provided in the Home Rule Charter or by ordinance hereafter enacted.

(b)

Any application for disconnection of land shall be governed by the procedures and substantive standards set forth in C.R.S. § 31-12-501 et seq., and as supplemented herein.

(1)

Filing. The application for disconnection shall be filed with the Town Clerk and referred to the Planning Director for a completeness review. Prior to filing an application, the owner(s) of the tract(s) shall participate in a pre-application meeting.

(2)

Application Contents. The Planning Director shall not deem an application for disconnection complete until the following items are submitted to the Town:

a.

Cover letter summarizing the request, providing information in support of the matters described in subsection (b), and certifying that it meets all requirements herein;

b.

An application for disconnection containing the following:

1.

A request for disconnection;

2.

Legal description of the tract to be disconnected;

3.

A map of the tract to be disconnected that includes parcels that abut the property to be disconnected that are located in the Town and a depiction of the boundaries of the Town after disconnection;

4.

An allegation that the best interests of the Town will not be prejudiced by disconnection of the tract from the Town;

5.

An allegation that the signers of the application comprise one hundred percent (100%) of the owners of the tract(s) and own one hundred percent (100%) of the area proposed to be disconnected, excluding public streets and alleys owned by the Town;

6.

A description of how all agreements between the Town and the owner(s) of the tract(s) are proposed to be terminated, modified, or unwound and how all obligations between the parties will be modified or terminated at the time of disconnection;

7.

An allegation that all taxes on the tract(s) have been paid;

8.

A description of how dedication of property to any public entity will be affected by the disconnection; and

9.

A list of all affected special districts serving the property; and

10.

Signatures of all owners of the tract(s).

c.

A list of any petitions for annexation, annexation ordinances, annexation agreements, or any other legal instruments or court orders to which the Town is a party and to which the tract is subject;

d.

An application fee as set by the Town Council.

(3)

"Best interests of the municipality" may include, among other matters:

a.

Resolution of any current, pending, or threatened legal actions;

b.

Resolution of any commitments, claims, or obligations required by any agreement, or terms of an agreement relating to the property proposed for disconnection; and

c.

The impact of disconnection upon the Town's ability to maintain infrastructure and rights-of-way that were dedicated to a public entity; and

d.

That disconnection will not create an enclave as defined by C.R.S. § 31-12-106, or sever the contiguity of the Town's boundaries without adequately providing for access and the provision of utilities and services to areas that will remain within the Town.

(4)

Upon acceptance of a complete application by the Planning Director, the application shall be referred to the Town Council for review and action pursuant to the Town Charter and Code for the adoption of ordinances.

(5)

The consideration, approval and/or denial of an application for disconnection shall constitute a legislative act of the Town Council.

(Ord. 65-2019 §2)

Editor's note— Ord. 6-2019 §2, adopted Sept. 4, 2019, amended §16-1-70 in its entirety to read as herein set out. Former §16-1-70 pertained to annexation procedure, and derived from Ord. 15-2008 §1.

To the extent that the provisions of this Chapter are the same in substance as the previously adopted provisions that they replace in the Town's zoning, subdivision, sign, design standards and flood damage prevention ordinances, they shall be considered as continuations thereof and not as enactments 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 Chapter.

(Prior code 16-1-7)

(a)

If any land is used or any building or structure is erected, constructed, reconstructed, altered or used in violation of any provision of this Chapter, the Town Administrator, through the Town Attorney, the District Attorney or any owner of real estate within the zone district in which such land, building or structure is situated, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings or prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, change or use. All cost and expense incurred by the Town may be recovered in that same civil action wherein such injunction, mandamus and/or abatement is sought, or separate and distinct proceedings may be instituted seeking varying forms of relief as the law may allow.

(b)

In addition to the jurisdiction, authority and duties which may be conferred upon the Planning Director by other provisions of this Chapter and the Town Administrator, the Planning Director shall have the following authority and duties under this Chapter:

(1)

Inspection: To inspect for violations of this Chapter.

(2)

Enforcement: To assist the Town Administrator and the Town Attorney in the enforcement of this Chapter.

(Ord. 5, 2009 §9)

If any part, section, subsection, clause or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter; and the Town Council hereby declares it would have adopted this Chapter and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more parts, sections, subsections, sentences, clauses or phrases are declared invalid.

(Prior code 16-1-9)