An emergency ordinance extending the temporary moratorium imposed by ordinance No. 265 for an additional six months 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 directed the prompt initiation and drafting of a zoning code and zoning regulations, including a zoning map.
Whereas, the Board of Trustees previously adopted Ordinance 265 of the Town of Deer Trail to impose a temporary moratorium of one (I) year 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.
Whereas, the purpose of such moratorium was to allow the Town to properly investigate, develop and, if appropriate, adopt and implement land use or zoning regulations, including a zoning map, addressing the distinctions between residential and non-residential uses to prevent incompatible commercial and other non-residential uses in the Town's core residential areas.
Whereas, since the adoption of Ordinance 265, Town staff has been diligently working on preparing a draft zoning code and zoning regulations, including the creation of a draft comprehensive plan and zoning map for future consideration by the Town, and continues to work diligently on the drafting and finalization of these documents.
Whereas, the extension of the temporary moratorium for an additional six (6) months 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 is necessary, and 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, the six (6) month extension of the moratorium is necessary to complete the tasks of the Town related to a zoning code and zoning regulations, and is a reasonable additional 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. Declaration of Emergency.
Pursuant to authority given to the Town in C.R.S. § 31-16-105, the Board of Trustees finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety and by reason of the fact that the Town must extend the moratorium imposed by Ordinance No. 265 to complete the preparation of a draft zoning code and zoning regulations, including a zoning map. It is therefore declared that an emergency exists and that this Ordinance is necessary for the immediate preservation of the public peace, health and safety and that it shall become effective upon adoption, in order to prevent the processing and approval of any application for a land use application hereunder until such regulations are completed. The Board of Trustees further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Deer Trail.
Section 2. 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 3. Extension of Temporary Moratorium on Applications for Permits and other Approvals for Non-Residential Uses in Residential Areas.
Upon the adoption of this Ordinance, the temporary moratorium imposed by Ordinance No. 265 is hereby extended for an additional six (6) months 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 4. Staff to Continue to Investigate and Prepare Proposed Regulations.
Before the expiration of the extension of the moratorium imposed by this Ordinance, the Town staff, working with the Town Attorney, shall continue to 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 5. 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 6. 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 7. Duration of Moratorium.
The extension of the moratorium imposed by the Ordinance shall commence as of the effective date of this Ordinance and shall expire six (6) months thereafter, unless repealed prior to that date or extended, if necessary, as determined by Town ordinance.
Section 8. 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 9. 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, and shall be published as required by law.
Section 10. Effective Date.
This Ordinance shall become effective immediately upon adoption.
Adopted and approved this 12th Day of January ,2021.
James John
Town of Deer Trail, Colorado
Attest: Candice Reed, Town Clerk