TOWN OF BLUE RIVER, COLORADO ORDINANCE

80424 | 02/28/2020 | Ad id: 8-0000554032-01
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TOWN OF BLUE RIVER, COLORADO
ORDINANCE NO. 2020-06
AN ORDINANCE OF THE TOWN OF BLUE RIVER, COLORADO IMPOSING
REGULATIONS ON THE SIZE AND HEIGHT OF GARAGES AND SHEDS WITHIN
THE R-1 AND PRD ZONE DISTRICTS

WHEREAS, the Town of Blue River is a statutory municipal corporation created and organized pursuant to state law; and

WHEREAS, by virtue of state law including, but not limited to, Sections 31-15-401 and 31-23-301 of the Colorado Revised Statutes, the Town of Blue River has broad authority to exercise its police powers to
promote and protect the health, safety, and welfare of the community and its citizens; and

WHEREAS, pursuant to Section 31-23-214 of the Colorado Revised Statutes, such police powers include the power to regulate the location and size of all buildings and structures; and

WHEREAS, the Town does not regulate or specify a maximum size of garages or sheds;
and

WHEREAS, the size and height of garages and sheds can impact the character and appearance of a
community where such structures are not clearly ancillary and subordinate to the principal permitted use
of property.

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO,
ORDAINS:

Section 1. Amendment of Section 16-1-10. Section 16-1-10 of the Municipal Code of the Town of Blue River is hereby amended by the addition of a new definition for "Garage" to read in full as follows:
Garage means any enclosed or partially enclosed space designed, suitable, or intended for the storage, whether permanent or temporary, of one or more motorized vehicles together with materials, goods, or equipment any other sort or type.

Section 2. Amendment of Section 16-1-10. Section 16-1-10 of the Municipal Code of the Town of Blue River is hereby amended by the addition of a new definition for "Shed" to read in full as follows:

Shed means any enclosed or partially enclosed space designed, suitable, or intended for the storage, whether permanent or temporary, of materials, goods, or equipment of any sort or type other than motor vehicles.

Section 3. Amendment of Section 16-1-10. Section 16-1-10 of the Municipal Code of the Town of Blue River is hereby amended by the addition of a new definition for "Motor vehicle" to read in full as follows:
Motor vehicle shall have the same meaning as defined by the Model Traffic Code (2020 edition and as may be amended) adopted by Section 8-1-10 of the Town Code.

Section 4. Amendment of Section 16-5-50 (R-1 Zone District). Section 16-5-50 of the Municipal Code of the Town of Blue River is hereby amended by the addition of new subsections (c) and (d) to read in full as follows:

(c) Garages. The maximum total size of any garage or garages on a lot whether detached from or incorporated into a principal permitted structure shall be the greater of: (1) 800 square feet; or (2) forty five percent (45%) of the total square feet of the existing principal permitted structure on the same lot; provided that in no event shall the maximum size of garage(s) on a lot exceed 1,200 square feet. The maximum height of any garage shall not exceed the lesser of: (1) the height of the existing principal permitted structure on the lot; or (2) the maximum building height for the lot established by Chapter 16 of the Town Code. It is the intent of this subsection that garages shall be subordinate in size and height to both the principal permitted structure and use of a property.

(d) Sheds. The maximum total size of any shed or sheds on a lot whether detached from or incorporated into a principal permitted structure shall not exceed a total of 200 square feet. The maximum height of any shed shall fifteen (15) feet. It is the intent of this subsection that sheds shall be subordinate in size and height to both the principal permitted structure and use of a property.

Section 5. Amendment of Section 16-6-50 (PRD Zone District). Section 16-6-50 of the Municipal Code of the Town of Blue River is hereby amended by the addition of new subsections (d) and (e) to read in full as follows:

(d) Garages. The maximum total size of any garage or garages on a lot whether detached from or incorporated into a principal permitted structure shall be the greater of: (1) 800 square feet; or (2) forty five percent (45%) of the total square feet of the existing principal permitted structure on the same lot; provided that in no event shall the maximum size of garage(s) on a lot exceed 1,200 square feet. The maximum height of any garage shall not exceed the lesser of: (1) the height of the existing principal permitted structure on the lot; or (2) the maximum building height for the lot established by Chapter 16 of the Town Code. It is the intent of this subsection that garages shall be subordinate in size and height to both the principal permitted structure and use of a property.

(e) Sheds. The maximum total size of any shed or sheds on a lot whether detached from or incorporated into a principal permitted structure shall not exceed a total of 200 square feet. The maximum height of a shed shall be fifteen (15) feet. It is the intent of this subsection that sheds shall be subordinate in size and height to both the principal permitted structure and use of a property.

Section 6. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 7. Safety Clause. The Town Board hereby finds, determines, and declares that this Ordinance is promulgated pursuant to the Town's statutory authority and under the general police power of the Town of Blue River for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Board further determines that this Ordinance bears a rational relation to the proper legislative objective sought to be obtained.

INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD ON THE 18TH DAY OF FEBRUARY, 2020.

TOWN OF BLUE RIVER

By:
Toby Babich, Mayor

Approved as to Form:

_____________________________
Town Attorney

I hereby certify that the above Ordinance was introduced to the Town Board of the Town of Blue River at

its meeting of February 18, 2020, approved by the required vote, and ordered published one time by title only in the official newspaper of general circulation for the Town on February 18, 2020.

ATTEST:

SEAL

By:
Town Manager or Town Clerk

Published in the Summit County Journal on February 28, 2020. 0000554032