Winter Park City Zoning Code

CHAPTER 1

General Provisions

Sec. 1-A-1 Title

Title. This Unified Development Code (the "UDC") shall be officially known and cited as the Winter Park Unified Development Code.

Short Title. This Unified Development Code may be referred to herein as “the UDC” or “this UDC”.

Effective on: 6/12/2022

Sec. 1-A-2 Authority

Home Rule Charter. Pursuant to the Constitution of the State of Colorado, Article XX, Home Rule Cities and Towns, Section 6, Home Rule for Cities and Towns, the principal authority for this UDC is the Home Rule Charter of the Town of Winter Park, as may be amended from time to time, first approved on April 12, 1983.

Colorado Statutes. The provisions of this UDC are also authorized by the Colorado Revised Statutes.

Effective on: 6/12/2022

Sec. 1-A-3 Jurisdiction

These regulations are applicable within the following described as all land located within:

The legal boundaries of the Town of Winter Park (Town); and
Where the land is outside the municipal boundary of Winter Park, the application of these regulations shall be governed by the provisions of C.R.S. §31-23-212, Jurisdiction.

Effective on: 6/12/2022

Sec. 1-A-4 Purposes

The provisions of this UDC are adopted for the purposes of:

A.
Promoting the public health, safety and general welfare of the citizens of the Town;
B.
Implementing the 2019 Imagine Winter Park Town Plan (the "Comprehensive Plan");
C.
Guiding the future growth and economic development of the Town while balancing the protection of community resources and individual property rights;
D.
Achieving orderly, functional, and attractive development through land use and subdivision controls;
E.
Enhancing the special characteristics of the Town's natural and built environments;
F.
Creating a unique sense of place through proactive planning and contemporary regulations;
G.
Protecting and conserving the value of land and buildings;
H.
Conserving natural resources such as the scenic hillsides and mountain views, the Fraser River, Vasquez Creek and Little Vasquez Creek and their wetlands, floodplains, riparian areas, and wildlife habitat;
I.
Maximizing the compatibility and cohesiveness of land and buildings through good design and engineering practices;
J.
Preserving and enhancing the Town's natural environment and its parks, open spaces, and recreational amenities;
K.
Following good land management and construction practices to avoid natural and manmade hazards;
L.
Assuring good subdivision design and neighborhood quality through:
1. 1.
  Adequate road and utility infrastructure;
2. 2.
  The preservation of the natural topography and vegetation;
3. 3.
  Sufficient open space and views; and
4. 4.
  Good pedestrian and vehicular circulation, safety and comfort;
M.
Sustaining the quality natural environment of the region through resource protection, open space preservation, and the acquisition and development of public parks and recreation areas and facilities;
N.
Providing for a stable and diversified local economy to sustain and grow businesses for permanent residents, as well as for tourists and visitors;
O.
Capitalizing on the natural setting to create a town that is of unique character and an inheritable quality of living; and
P.
Establishing fair and efficient processes to facilitate quality growth and sustainable development.

Effective on: 6/12/2022

Sec. 1-A-5 Applicability

Generally. Except as hereinafter provided, no building, structure or land shall be used and no building or other structure shall be erected, reconstructed, structurally altered or maintained except in conformance with the regulations specified in this UDC, nor shall a yard or lot area be reduced in dimensions to an amount less than the minimum requirements specified by the provisions of this UDC.

Public-Owned Property. This UDC and its standards, requirements, and regulations are applicable to all public agencies and organizations to the full extent allowed by law and under the United States and Colorado Constitutions.

Required Compliance. No person, firm, partnership, corporation, or other entity may use, occupy, or develop land, buildings, or structures unless the use, occupancy, or development is in compliance with this UDC.

Minimum Standards, Requirements, or Regulations. The provisions of this UDC shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare.

Review Criteria in Deciding Violations. Any matter brought before the Board of Adjustment (BOA), Planning Commission (PC), or Town Council (TC) to decide a violation of this UDC shall consider the applicable review criteria stated in this UDC.

Effect on Permits, Licenses, or Approvals. These regulations shall not abrogate, annul, modify or amend any permit, license or approval or any modification or amendment issued or authorized by any applicable government authority.

Effect on Private Restrictions. This UDC shall not interfere with, abrogate, or annul any private easement, covenant, deed restriction, or other agreement between private parties.

Rounding. Except as may be otherwise expressly provided in this UDC, whenever it is necessary to perform a mathematical calculation to determine any standard or requirement set forth in this UDC as such standard or requirement may apply to a particular property or situation, the following rule of construction shall apply: When the mathematical calculation results in a number that is not a whole number, the result shall be rounded up to the next greater whole number when the result is a whole number plus .50 or greater, and shall be rounded down to the next lesser whole number when the result is a whole number plus less than .50; provided, however, that when the mathematical calculation results in number that is less than one (1), the result shall be rounded up to the number one (1).

(Ord. 23-603, 06/11/2023)

Effective on: 6/11/2023

Sec. 1-A-6 Effective Date

This UDC shall take effect upon adoption by the Town Council.

Effective on: 6/12/2022

Sec. 1-A-7 Consistency with Plans

Pursuant to the requirements of C.R.S. Title 31, Article 23, Planning and Zoning, zoning within the Town of Winter Park shall be in accordance with the Town's Comprehensive Plan adopted by Town Council Resolution 1669, Series 2018 and the Three-Mile Plan adopted by Town Council Resolution 1687, Series 2019, and as may be subsequently amended.

Effective on: 6/12/2022

Sec. 1-A-8 Conflicting Provisions

Conflict with Other Governmental Regulations. If the provisions of this UDC are inconsistent or in conflict with those of the State, the more restrictive provision shall control, as permitted by law.

Conflict with Other Regulations or Agreements. If any provision of this UDC is inconsistent or in conflict with any other provision of this UDC or other adopted resolutions, ordinances, or regulations of the Town, the more restrictive provision shall control.

Effective on: 6/12/2022

Sec. 1-A-9 Severability

The provisions of this UDC shall be severable, in accordance with the following:

Invalid Provision within UDC. If any provision of this UDC is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that:
1. The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and
2. Such decision shall not affect, impair, or nullify the UDC as a whole or the application thereof. The remainder of the UDC shall continue in full force and effect.
Invalid Development Approval Condition. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the approval of any similar application that is not specifically included in that judgment.

Effective on: 6/12/2022

Sec. 1-B-1 Transitional Rules

Repeal. This UDC supersedes all other general and permanent development ordinances enacted prior to the enactment of this UDC. The previous development code for the Town, as was amended and supplemented, is hereby repealed.

Adoption of Existing Conditions of Approval. This UDC adopts and incorporates by reference the stipulations and conditions from particular development approvals in effect under the previous development code, as amended and supplemented, for the Town. This UDC further adopts and incorporates by reference all development plans, use permits, variances, stipulations, and conditions that currently apply to any parcel prior to the date of adoption of this UDC.

Pending Applications.

1.
Generally. A development application that has been determined to be complete by the Community Development Director prior to the effective date of this UDC shall be decided under the regulations in effect when the application was determined to be complete unless the applicant requests review and approval under this UDC. Applications shall not be processed under a combination of prior regulations and this UDC except as stated in subsection 2 below.
2.
Phased Approval. Final development plans for a planned development that were preliminarily approved prior to the effective date of this UDC, but with phases requiring final approval after the effective date of this UDC may seek approval in accordance with the standards and procedures of this UDC upon applicant request.

Prior Development Approvals.

1.
Any development approved under regulations in effect prior to the effective date of this UDC 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 and the development complies with any applicable standards of this UDC regarding ongoing operations and maintenance.
2.
If the prior approval expires pursuant to Sec. 5-B-13, Expiration of Approvals, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this UDC.
3.
Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.

Prior Violations. Any violations of previous versions of any code or ordinance of the Town shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement set forth in Article 1.C, Enforcement, Violations, and Penalties.

Effective on: 6/12/2022

Sec. 1-C-1 Purpose and Applicability

Generally. This Article:

1.
Is intended to encourage the voluntary correction of violations;
2.
Establishes the procedures that the Town may use to ensure compliance with the provisions of this UDC and to correct violations; and
3.
Sets out the penalties and remedies that the Town may seek to correct violations.

Effective on: 6/12/2022

Sec. 1-C-2 Applicability

Applicability.

Compliance Required.
1. Building or Structure. It is unlawful to erect, construct, reconstruct or alter any building or structure in violation of these regulations, or any amendment thereto enacted or adopted by the Town.
2. Use. It is unlawful to use any building, structure or land in violation of these regulations, or any amendments thereto enacted or adopted by the Town.
Failure to Comply a Violation. The use of any land, building, or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this UDC. See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022

Sec. 1-C-3 Enforcement

Generally. Written warnings may be issued by the Director to notify a property owner of a violation of this UDC and the actions that must be taken to bring the property or land use into compliance. Subject to the limitations of Subsection (C), Limitations, and at the discretion of the Director, warnings are the preferred method of assuring compliance with this UDC.

Contents. Written warnings shall include, at a minimum:

The address of the property where the violation is alleged;
Specific reference to the Section(s) of this UDC and/or the conditions of a development approval which are alleged to have been violated;
A statement of the action that must be taken to bring the property or land use into compliance with this UDC;
A time frame, not to exceed fourteen (14) days, for bringing the property or land use into compliance with this UDC. An extension may be granted by the Director as long as the property owner is diligently working towards a resolution. Repeat violators’ will not be given a time extension;
A statement that if the property is not brought into compliance within the stated time frame, a citation or summons will be issued; and
Contact information for a staff member or department who can answer questions about the warning.

Limitations. Written warnings shall not be issued if:

During the previous twenty-four (24) months, the property owner has been warned of, cited for, or summoned to court for the same violation; or
The violation is likely to create an imminent hazard to life or property.

Continuation of Prior Enforcement Actions.

Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to regulations in effect before the effective date of this UDC.
Enforcement actions initiated before the effective date of this UDC, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC.

Effective on: 6/12/2022

Sec. 1-C-4 Non-Judicial Remedies

Generally. The Town may enforce any violation of this UDC prior to, and without, judicial process by:

Withholding Permits. The Town may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of the UDC or those of a referral agency.
Temporary Revocation of Permits. The Town may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
Suspension of Permits. The Town may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this UDC may be revoked when it is determined that:
  1. There is a violation of any provision of this UDC;
  2. The permit or approval was issued in error or based on false representation;
  3. Upon the request of a referral agency with jurisdiction and due cause; or
  4. There is a departure from the approved plans required under the permit, this UDC, or the construction requirements.
2. Notice. Written notice of revocation shall state a time frame to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable to the Town have not been made, the Town may:
  1. File litigation in a court of competent jurisdiction; and/or
  2. Remove or correct such violation and cause a lien to be placed upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
Stop Work Order. The Director shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this UDC by issuing a written stop work order.
Cease and Desist Orders. The Town may issue a cease and desist order to close unlawful uses or to halt a violation of this Article.

Effective on: 6/12/2022

Sec. 1-C-5 Judicial Remedies

Generally. The Town may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this UDC in any court of competent jurisdiction:

Injunctive Relief. The Town may seek an injunction to stop any violation granted under this UDC. Such relief may include revocation or termination of approvals and/or permits. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this UDC is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured.
Abatement. The Town may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
Civil Liability. The Director or their designee:
1. Has the authority to issue citations and deliver it to a person believed to be committing a civil violation; and
2. Is declared to be the official with the duty of enforcing this UDC with respect to:
  1. Appearing and testifying in any trial held with respect to the citation.
  2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred.
  3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
Criminal Liability.
1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this UDC may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion thereof, that the violation or noncompliance has continued.
2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with this UDC, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 6/12/2022

Sec. 1-C-6 Violations and Penalties

See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022

Winter Park City Zoning Code

CHAPTER 1

General Provisions

Sec. 1-A-1 Title

Title. This Unified Development Code (the "UDC") shall be officially known and cited as the Winter Park Unified Development Code.

Short Title. This Unified Development Code may be referred to herein as “the UDC” or “this UDC”.

Effective on: 6/12/2022

Sec. 1-A-2 Authority

Colorado Statutes. The provisions of this UDC are also authorized by the Colorado Revised Statutes.

Effective on: 6/12/2022

Sec. 1-A-3 Jurisdiction

These regulations are applicable within the following described as all land located within:

The legal boundaries of the Town of Winter Park (Town); and
Where the land is outside the municipal boundary of Winter Park, the application of these regulations shall be governed by the provisions of C.R.S. §31-23-212, Jurisdiction.

Effective on: 6/12/2022

Sec. 1-A-4 Purposes

The provisions of this UDC are adopted for the purposes of:

A.
Promoting the public health, safety and general welfare of the citizens of the Town;
B.
Implementing the 2019 Imagine Winter Park Town Plan (the "Comprehensive Plan");
C.
Guiding the future growth and economic development of the Town while balancing the protection of community resources and individual property rights;
D.
Achieving orderly, functional, and attractive development through land use and subdivision controls;
E.
Enhancing the special characteristics of the Town's natural and built environments;
F.
Creating a unique sense of place through proactive planning and contemporary regulations;
G.
Protecting and conserving the value of land and buildings;
H.
Conserving natural resources such as the scenic hillsides and mountain views, the Fraser River, Vasquez Creek and Little Vasquez Creek and their wetlands, floodplains, riparian areas, and wildlife habitat;
I.
Maximizing the compatibility and cohesiveness of land and buildings through good design and engineering practices;
J.
Preserving and enhancing the Town's natural environment and its parks, open spaces, and recreational amenities;
K.
Following good land management and construction practices to avoid natural and manmade hazards;
L.
Assuring good subdivision design and neighborhood quality through:
1. 1.
  Adequate road and utility infrastructure;
2. 2.
  The preservation of the natural topography and vegetation;
3. 3.
  Sufficient open space and views; and
4. 4.
  Good pedestrian and vehicular circulation, safety and comfort;
M.
Sustaining the quality natural environment of the region through resource protection, open space preservation, and the acquisition and development of public parks and recreation areas and facilities;
N.
Providing for a stable and diversified local economy to sustain and grow businesses for permanent residents, as well as for tourists and visitors;
O.
Capitalizing on the natural setting to create a town that is of unique character and an inheritable quality of living; and
P.
Establishing fair and efficient processes to facilitate quality growth and sustainable development.

Effective on: 6/12/2022

Sec. 1-A-5 Applicability

Effect on Private Restrictions. This UDC shall not interfere with, abrogate, or annul any private easement, covenant, deed restriction, or other agreement between private parties.

(Ord. 23-603, 06/11/2023)

Effective on: 6/11/2023

Sec. 1-A-6 Effective Date

This UDC shall take effect upon adoption by the Town Council.

Effective on: 6/12/2022

Sec. 1-A-7 Consistency with Plans

Effective on: 6/12/2022

Sec. 1-A-8 Conflicting Provisions

Effective on: 6/12/2022

Sec. 1-A-9 Severability

The provisions of this UDC shall be severable, in accordance with the following:

Invalid Provision within UDC. If any provision of this UDC is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that:
1. The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and
2. Such decision shall not affect, impair, or nullify the UDC as a whole or the application thereof. The remainder of the UDC shall continue in full force and effect.
Invalid Development Approval Condition. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the approval of any similar application that is not specifically included in that judgment.

Effective on: 6/12/2022

Sec. 1-B-1 Transitional Rules

Pending Applications.

1.
Generally. A development application that has been determined to be complete by the Community Development Director prior to the effective date of this UDC shall be decided under the regulations in effect when the application was determined to be complete unless the applicant requests review and approval under this UDC. Applications shall not be processed under a combination of prior regulations and this UDC except as stated in subsection 2 below.
2.
Phased Approval. Final development plans for a planned development that were preliminarily approved prior to the effective date of this UDC, but with phases requiring final approval after the effective date of this UDC may seek approval in accordance with the standards and procedures of this UDC upon applicant request.

Prior Development Approvals.

1.
Any development approved under regulations in effect prior to the effective date of this UDC 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 and the development complies with any applicable standards of this UDC regarding ongoing operations and maintenance.
2.
If the prior approval expires pursuant to Sec. 5-B-13, Expiration of Approvals, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this UDC.
3.
Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.

Effective on: 6/12/2022

Sec. 1-C-1 Purpose and Applicability

Generally. This Article:

1.
Is intended to encourage the voluntary correction of violations;
2.
Establishes the procedures that the Town may use to ensure compliance with the provisions of this UDC and to correct violations; and
3.
Sets out the penalties and remedies that the Town may seek to correct violations.

Effective on: 6/12/2022

Sec. 1-C-2 Applicability

Applicability.

Compliance Required.
1. Building or Structure. It is unlawful to erect, construct, reconstruct or alter any building or structure in violation of these regulations, or any amendment thereto enacted or adopted by the Town.
2. Use. It is unlawful to use any building, structure or land in violation of these regulations, or any amendments thereto enacted or adopted by the Town.
Failure to Comply a Violation. The use of any land, building, or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this UDC. See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022

Sec. 1-C-3 Enforcement

Contents. Written warnings shall include, at a minimum:

The address of the property where the violation is alleged;
Specific reference to the Section(s) of this UDC and/or the conditions of a development approval which are alleged to have been violated;
A statement of the action that must be taken to bring the property or land use into compliance with this UDC;
A time frame, not to exceed fourteen (14) days, for bringing the property or land use into compliance with this UDC. An extension may be granted by the Director as long as the property owner is diligently working towards a resolution. Repeat violators’ will not be given a time extension;
A statement that if the property is not brought into compliance within the stated time frame, a citation or summons will be issued; and
Contact information for a staff member or department who can answer questions about the warning.

Limitations. Written warnings shall not be issued if:

During the previous twenty-four (24) months, the property owner has been warned of, cited for, or summoned to court for the same violation; or
The violation is likely to create an imminent hazard to life or property.

Continuation of Prior Enforcement Actions.

Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to regulations in effect before the effective date of this UDC.
Enforcement actions initiated before the effective date of this UDC, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC.

Effective on: 6/12/2022

Sec. 1-C-4 Non-Judicial Remedies

Generally. The Town may enforce any violation of this UDC prior to, and without, judicial process by:

Withholding Permits. The Town may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of the UDC or those of a referral agency.
Temporary Revocation of Permits. The Town may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
Suspension of Permits. The Town may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this UDC may be revoked when it is determined that:
  1. There is a violation of any provision of this UDC;
  2. The permit or approval was issued in error or based on false representation;
  3. Upon the request of a referral agency with jurisdiction and due cause; or
  4. There is a departure from the approved plans required under the permit, this UDC, or the construction requirements.
2. Notice. Written notice of revocation shall state a time frame to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable to the Town have not been made, the Town may:
  1. File litigation in a court of competent jurisdiction; and/or
  2. Remove or correct such violation and cause a lien to be placed upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
Stop Work Order. The Director shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this UDC by issuing a written stop work order.
Cease and Desist Orders. The Town may issue a cease and desist order to close unlawful uses or to halt a violation of this Article.

Effective on: 6/12/2022

Sec. 1-C-5 Judicial Remedies

Generally. The Town may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this UDC in any court of competent jurisdiction:

Injunctive Relief. The Town may seek an injunction to stop any violation granted under this UDC. Such relief may include revocation or termination of approvals and/or permits. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this UDC is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured.
Abatement. The Town may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
Civil Liability. The Director or their designee:
1. Has the authority to issue citations and deliver it to a person believed to be committing a civil violation; and
2. Is declared to be the official with the duty of enforcing this UDC with respect to:
  1. Appearing and testifying in any trial held with respect to the citation.
  2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred.
  3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
Criminal Liability.
1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this UDC may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion thereof, that the violation or noncompliance has continued.
2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with this UDC, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 6/12/2022

Sec. 1-C-6 Violations and Penalties

See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022

Winter Park City Zoning Code

CHAPTER 1

General Provisions

Sec. 1-A-1 Title

Title. This Unified Development Code (the "UDC") shall be officially known and cited as the Winter Park Unified Development Code.

Short Title. This Unified Development Code may be referred to herein as “the UDC” or “this UDC”.

Effective on: 6/12/2022

Sec. 1-A-2 Authority

Colorado Statutes. The provisions of this UDC are also authorized by the Colorado Revised Statutes.

Effective on: 6/12/2022

Sec. 1-A-3 Jurisdiction

These regulations are applicable within the following described as all land located within:

The legal boundaries of the Town of Winter Park (Town); and
Where the land is outside the municipal boundary of Winter Park, the application of these regulations shall be governed by the provisions of C.R.S. §31-23-212, Jurisdiction.

Effective on: 6/12/2022

Sec. 1-A-4 Purposes

The provisions of this UDC are adopted for the purposes of:

A.
Promoting the public health, safety and general welfare of the citizens of the Town;
B.
Implementing the 2019 Imagine Winter Park Town Plan (the "Comprehensive Plan");
C.
Guiding the future growth and economic development of the Town while balancing the protection of community resources and individual property rights;
D.
Achieving orderly, functional, and attractive development through land use and subdivision controls;
E.
Enhancing the special characteristics of the Town's natural and built environments;
F.
Creating a unique sense of place through proactive planning and contemporary regulations;
G.
Protecting and conserving the value of land and buildings;
H.
Conserving natural resources such as the scenic hillsides and mountain views, the Fraser River, Vasquez Creek and Little Vasquez Creek and their wetlands, floodplains, riparian areas, and wildlife habitat;
I.
Maximizing the compatibility and cohesiveness of land and buildings through good design and engineering practices;
J.
Preserving and enhancing the Town's natural environment and its parks, open spaces, and recreational amenities;
K.
Following good land management and construction practices to avoid natural and manmade hazards;
L.
Assuring good subdivision design and neighborhood quality through:
1. 1.
  Adequate road and utility infrastructure;
2. 2.
  The preservation of the natural topography and vegetation;
3. 3.
  Sufficient open space and views; and
4. 4.
  Good pedestrian and vehicular circulation, safety and comfort;
M.
Sustaining the quality natural environment of the region through resource protection, open space preservation, and the acquisition and development of public parks and recreation areas and facilities;
N.
Providing for a stable and diversified local economy to sustain and grow businesses for permanent residents, as well as for tourists and visitors;
O.
Capitalizing on the natural setting to create a town that is of unique character and an inheritable quality of living; and
P.
Establishing fair and efficient processes to facilitate quality growth and sustainable development.

Effective on: 6/12/2022

Sec. 1-A-5 Applicability

Effect on Private Restrictions. This UDC shall not interfere with, abrogate, or annul any private easement, covenant, deed restriction, or other agreement between private parties.

(Ord. 23-603, 06/11/2023)

Effective on: 6/11/2023

Sec. 1-A-6 Effective Date

This UDC shall take effect upon adoption by the Town Council.

Effective on: 6/12/2022

Sec. 1-A-7 Consistency with Plans

Effective on: 6/12/2022

Sec. 1-A-8 Conflicting Provisions

Effective on: 6/12/2022

Sec. 1-A-9 Severability

The provisions of this UDC shall be severable, in accordance with the following:

Invalid Provision within UDC. If any provision of this UDC is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that:
1. The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and
2. Such decision shall not affect, impair, or nullify the UDC as a whole or the application thereof. The remainder of the UDC shall continue in full force and effect.
Invalid Development Approval Condition. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the approval of any similar application that is not specifically included in that judgment.

Effective on: 6/12/2022

Sec. 1-B-1 Transitional Rules

Pending Applications.

1.
Generally. A development application that has been determined to be complete by the Community Development Director prior to the effective date of this UDC shall be decided under the regulations in effect when the application was determined to be complete unless the applicant requests review and approval under this UDC. Applications shall not be processed under a combination of prior regulations and this UDC except as stated in subsection 2 below.
2.
Phased Approval. Final development plans for a planned development that were preliminarily approved prior to the effective date of this UDC, but with phases requiring final approval after the effective date of this UDC may seek approval in accordance with the standards and procedures of this UDC upon applicant request.

Prior Development Approvals.

1.
Any development approved under regulations in effect prior to the effective date of this UDC 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 and the development complies with any applicable standards of this UDC regarding ongoing operations and maintenance.
2.
If the prior approval expires pursuant to Sec. 5-B-13, Expiration of Approvals, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this UDC.
3.
Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.

Effective on: 6/12/2022

Sec. 1-C-1 Purpose and Applicability

Generally. This Article:

1.
Is intended to encourage the voluntary correction of violations;
2.
Establishes the procedures that the Town may use to ensure compliance with the provisions of this UDC and to correct violations; and
3.
Sets out the penalties and remedies that the Town may seek to correct violations.

Effective on: 6/12/2022

Sec. 1-C-2 Applicability

Applicability.

Compliance Required.
1. Building or Structure. It is unlawful to erect, construct, reconstruct or alter any building or structure in violation of these regulations, or any amendment thereto enacted or adopted by the Town.
2. Use. It is unlawful to use any building, structure or land in violation of these regulations, or any amendments thereto enacted or adopted by the Town.
Failure to Comply a Violation. The use of any land, building, or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this UDC. See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022

Sec. 1-C-3 Enforcement

Contents. Written warnings shall include, at a minimum:

The address of the property where the violation is alleged;
Specific reference to the Section(s) of this UDC and/or the conditions of a development approval which are alleged to have been violated;
A statement of the action that must be taken to bring the property or land use into compliance with this UDC;
A time frame, not to exceed fourteen (14) days, for bringing the property or land use into compliance with this UDC. An extension may be granted by the Director as long as the property owner is diligently working towards a resolution. Repeat violators’ will not be given a time extension;
A statement that if the property is not brought into compliance within the stated time frame, a citation or summons will be issued; and
Contact information for a staff member or department who can answer questions about the warning.

Limitations. Written warnings shall not be issued if:

During the previous twenty-four (24) months, the property owner has been warned of, cited for, or summoned to court for the same violation; or
The violation is likely to create an imminent hazard to life or property.

Continuation of Prior Enforcement Actions.

Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to regulations in effect before the effective date of this UDC.
Enforcement actions initiated before the effective date of this UDC, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC.

Effective on: 6/12/2022

Sec. 1-C-4 Non-Judicial Remedies

Generally. The Town may enforce any violation of this UDC prior to, and without, judicial process by:

Withholding Permits. The Town may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of the UDC or those of a referral agency.
Temporary Revocation of Permits. The Town may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
Suspension of Permits. The Town may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this UDC may be revoked when it is determined that:
  1. There is a violation of any provision of this UDC;
  2. The permit or approval was issued in error or based on false representation;
  3. Upon the request of a referral agency with jurisdiction and due cause; or
  4. There is a departure from the approved plans required under the permit, this UDC, or the construction requirements.
2. Notice. Written notice of revocation shall state a time frame to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable to the Town have not been made, the Town may:
  1. File litigation in a court of competent jurisdiction; and/or
  2. Remove or correct such violation and cause a lien to be placed upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
Stop Work Order. The Director shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this UDC by issuing a written stop work order.
Cease and Desist Orders. The Town may issue a cease and desist order to close unlawful uses or to halt a violation of this Article.

Effective on: 6/12/2022

Sec. 1-C-5 Judicial Remedies

Generally. The Town may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this UDC in any court of competent jurisdiction:

Injunctive Relief. The Town may seek an injunction to stop any violation granted under this UDC. Such relief may include revocation or termination of approvals and/or permits. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this UDC is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured.
Abatement. The Town may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
Civil Liability. The Director or their designee:
1. Has the authority to issue citations and deliver it to a person believed to be committing a civil violation; and
2. Is declared to be the official with the duty of enforcing this UDC with respect to:
  1. Appearing and testifying in any trial held with respect to the citation.
  2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred.
  3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
  4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
Criminal Liability.
1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this UDC may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion thereof, that the violation or noncompliance has continued.
2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with this UDC, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a violator.

Effective on: 6/12/2022

Sec. 1-C-6 Violations and Penalties

See Title 1, Chapter 4, General Penalty, of the Town's Code of Ordinances.

Effective on: 6/12/2022