ORDINANCE NO. 2015-05
AN ORDINANCE REVISING SETBACK REQUIREMENTS FOR PROPERTIES LOCATED ON THE TOWN’S MAIN STREET
WHEREAS, existing buildings located on the Town’s Main Street between Woodward and Crawford Avenue are constructed with zero lot lines on the front and sides; and
WHEREAS, the Board of Trustees finds that allowing new buildings within this area of the Town to be similarly constructed with zero lot lines will be compatible with the existing buildings and maintain a sense of the Town’s Main Street as a principal retail area within the Town; and
WHEREAS, the Keenesburg Planning and Zoning Commission held a public hearing on the amendments set forth herein and recommended the Board of Trustees approve the same, and the Board of Trustees has duly considered the Commission’s recommendation; and
WHEREAS, the Board of Trustees has held a public hearing on the proposed amendments, and determined the same should be adopted as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:
Section 1. Section 16-2-170 of the Keenesburg Municipal Code, concerning the Schedules of Requirements for property zoned CBD, is hereby revised to read as follows (words to be added are underlined; words to be deleted are stricken through):
SCHEDULE OF REQUIREMENTS
1 All requirements subject to Uniform Building Code standards for specific type of construction.
2 Residential minimum lot sizes in the CBD District shall conform to the requirements of the R-2 District.
3 On Main Street, between Woodward and Crawford Avenue, principal buildings may be constructed with zero lot line on front and sides.
34In the CH District, the minimum side yard shall be 10 feet for the first 25 feet of building height. Buildings in excess of 25 feet shall increase the side yard setback 1foot for each 2 feet of building height over 25 feet to a maximum of 25 feet.
45The required 15% open space may be provided in the public right-of-way with credits given for pedestrian improvements, street furniture, etc., subject to the approval of the Planning Commission.
Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 5. Every person convicted of a violation of the provisions stated or adopted herein shall be punished by a fine as set forth in Section 1-4-20 of the Keenesburg Municipal Code, and each day such violation continues shall be considered a separate offense.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 14th day of December, 2015.
TOWN OF KEENESBURG, COLORADO
Danny Kipp, Mayor
Debra L. Chumley, Town Clerk
11/2/2015 11:30 AM [kmk] R:KeenesburgOrdinancesCommercial Dist Setbacks 20151102.doc