This Chapter shall be cited as the Town of South Fork Land Use and Development Code.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The authority granting the Town the ability to control land use is contained in Section 29-20-101, et seq., C.R.S., and Section 31-23-101, et seq., C.R.S. Additional statutory authority may also exist for specific types of land use regulation.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The territorial jurisdiction of this Chapter shall include all of the incorporated land located within the limits of the Town and, where applicable, all land within three (3) miles of the Town boundaries with reference to a major street plan.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

This Chapter is enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town, including the following specific purposes:

(1)

To promote coordinated and sound development and to encourage innovation in residential development or renewal, so that housing demands may be met by a greater variety of types and design of housing units.

(2)

To provide for higher quality in site and land planning, conserve open space and provide more efficient and attractive open space.

(3)

To encourage use of land for purposes that shall best meet present and future needs of the Town.

(4)

To minimize conflicts between the land uses with the interpretation of this Chapter.

(5)

To ensure that proposed developments adequately mitigate potential hazards to protect the rights, health, safety and well-being of the citizens of the Town in conformance with this Chapter.

(6)

To assure that valuable resources, whose anticipated value to the citizens, County, State and Nation, exceed the value of the proposed development, are protected. Mineral resources shall be protected to allow extraction or exploration of minerals unless extraction and/or exploration would cause significant danger to the public health and safety.

(7)

To recognize the rights of the applicant, the citizens and the community and to assure that any proposed development does not create excessive burden on Town resources.

(8)

To provide for the proper arrangement, width and design of streets, in order to minimize traffic hazards and to provide for safe and convenient vehicular, bicyclist and pedestrian movement.

(9)

To ensure the provision of adequate and convenient open spaces for traffic, utilities, access for firefighting apparatus, drainage, recreation, sites for schools and educational facilities and related structures, and light and air.

(10)

To avoid congested use by ensuring that land is subdivided into lots which are of adequate size and configuration for the purpose for which they are intended to be used.

(11)

To protect soil, water, aesthetics and other natural resources of the Town from waste or degradation.

(12)

To regulate such other matters as the Planning Commission and the Board of Trustees may deem necessary in order to protect the best interests of the public.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The interpretation and application of the provisions of this Chapter shall be regarded as the minimum required for the protection of the public health, safety and welfare and do not preclude imposition of more restrictive standards by agreement or by law.

(1)

Whenever a provision of this Chapter and any other provision found in any Town ordinance, resolution or Section of this Code contain any restrictions or regulations covering the same subject matter, whichever restriction or regulation is more restrictive or imposes a higher standard or requirement shall govern.

(2)

The word shall is mandatory. The word may is permissive.

(3)

Words used in the present tense include the future, and words used in the singular include the plural, unless the context clearly indicates the contrary.

(4)

References to Code shall be interpreted to apply to the Town of South Fork Municipal Code.

(5)

All references to state statutes (C.R.S.) in this Chapter are from 2005 unless stated otherwise in a specific provision. The Board of Trustees intends that year to govern interpretation without regard to any future amendments unless stated otherwise in the specific provision.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The provisions of this Chapter shall apply to any and all development of land within the municipal boundaries of the Town unless expressly and specifically exempted or provided otherwise in this Chapter. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Chapter. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Chapter.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

All ordinances, resolutions or motions of the Board of Trustees or parts thereof in conflict with this Chapter are, to the extent of such conflict, hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Chapter shall not adversely affect the Town's right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

It is the intention of the Town that this Chapter implement the planning policies adopted in the Master Plan for the Town and its extraterritorial planning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Master Plan.

(b)

Where a development proposal would be in substantial conflict with the Master Plan, an amendment to the Master Plan shall be required prior to any zoning or subdivision approvals. A substantial conflict shall exist when a development proposal would result in changes from the designations of the Future Land Use Map or the Trails and Roadway Corridors Map in the Comprehensive Plan.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

The provisions of this Chapter became effective and were originally adopted on September 13, 2007. Development approved under previous regulations that received vested property rights through a site specific development plan shall be valid for the duration of that vested property right, provided that all terms and conditions of the site specific development plan are followed. Existing legal uses that may become nonconforming by the adoption of this Chapter shall become legal nonconforming uses subject to the provisions of Section 16-3-100 of this Chapter.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants, for permits, plat approvals, zoning amendments, variances and other administrative relief. The fee schedule shall be adopted periodically by the Board of Trustees and is available from the Land Use Administrator.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

If any part, section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this Chapter. The Board of Trustees hereby declares that it would have passed the initial ordinance codified herein, including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one (1) or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

In computing a period of days, the first day is excluded and the last day is included.

(b)

If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.

(c)

If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is commenced, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

(d)

In computing any required time prescribed by this Chapter; if the Planning Commission or the Board of Trustees determines that the time period prescribed therein is impractical, then such time period may, for good cause, be extended. Failure of the Board of Trustees, the Town Staff or the Planning Commission to miss any applicable deadlines shall not be deemed an approval of the application.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))