Ordinance Number 265

An Ordinance imposing a temporary moratorium of one year in duration on the processing and approval of any application for a Town of Deer Trail Permit related to any non-residential development in depicted residential areas; and directing the prompt initiation and drafting of a zoning code and zoning regulations, including a zoning map.

Whereas, the Board of Trustees has been made aware that staff has received inquiries regarding the development of potentially incompatible commercial and other non-residential uses in the Town's core residential areas.

Whereas, the Town has no current land use or zoning regulations, including a zoning map, addressing the distinctions between residential and non-residential uses.

Whereas, the imposition of a one (1) year moratorium on the processing and approval of permits or other land use applications related to any non-residential development in depicted residential areas, as generally described in Exhibit A, attached hereto and incorporated herein by this reference will allow the Town staff and the Board of Trustees to consider the approval of a zoning code and zoning regulations, including a zoning map of the Town, and to develop and implement any other appropriate regulations;

Whereas, a one (1) year moratorium is a reasonable length of time for the Town to properly investigate, develop and, if appropriate, adopt and implement any such regulations; and

Whereas, the potentially impacted property owners within the Town will not be unduly prejudiced by the imposition of such moratorium. 

Be it Ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that: 

Section 1.  Findings and Intent.

The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Board of Trustees of the Town of Deer Trail.

Section 2.  Imposition of Temporary Moratorium on Applications for Permits and other Approvals for Non-Residential Uses in Residential Areas. 

Upon the adoption of this Ordinance, a moratorium is imposed upon the processing and approval of all applications for permits and any other land use approvals by the Town related to any non-residential use in residential areas of the Town, except for permits or approvals relating to the maintenance or repair of existing structures or infrastructure for non-residential uses which will not expand that use. For purposes of this Ordinance, non-residential uses shall mean any use of property in the area identified in Exhibit A that is not either for a single-family dwelling unit (located on one legal lot of record) or a multi­ family dwelling building. The Town staff is directed to refuse to process, review or approve any such applications for such non-residential uses during the moratorium period.

Section 3.  Staff to Investigate and Prepare Proposed Regulations.

Before the expiration of the moratorium imposed by this Ordinance, the Town staff, working with the Town Attorney, shall prepare a draft zoning code and zoning regulations, including a zoning map of the Town, and develop and implement any other appropriate regulations for consideration by the Board of Trustees.

Section 4.  Police Power Finding.

The Board of Trustees hereby finds, determines and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Town and the inhabitants thereof.

Section 5.  Authority.

The Board of Trustees hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31-15-103, C.R.S. (concerning municipal police powers); (iv) Section 31-15-401, C.R.S. (concerning municipal police powers); and (v) Section 31-15-501 C.R.S. (concerning municipal power to regulate businesses).

Section 6.  Duration of Moratorium.

The moratorium imposed by the Ordinance shall commence as of the effective date of this Ordinance and shall expire one (1) year thereafter, unless repealed prior to that date or extended, if necessary, as determined by Town ordinance.

Section 7.  Repealer. 

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 8.  Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 9. Final publication.

Effective date: This Ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this 11th day of February 2020.

James Johnson, Mayor
Town of Deer Trail, Colorado

Candice Reed, Town Clerk