John Scarffe, Nederland. The Nederland Board of Trustees agreed to review Town parking codes during a special on-line meeting at 7 p.m. on Tuesday, March 23, 2021. Town Attorney Jennifer Madsen introduced an emergency ordinance imposing a temporary moratorium on the submission, acceptance, processing and approval of applications for Special Review Use permits. 

Mayor Kristopher Larsen said the special meeting was necessary after the executive session at the March 17, 2021, meeting regarding parking regulations. The Town recently learned that the language in Section 16-202 of the Nederland Municipal Code as published by the Town’s codifier, Municode, differs from the language of Section 16-202 in the adopting ordinance, according to the agenda information memorandum.

The online version of section 16-202 states: Sec. 16-202. - Parking standards designated for each use. The year-round accessible off-street parking space requirements for each use shall be as listed below. Space, as used in this Section, shall mean an off-street parking space.

Applicants shall meet their off-street parking requirement by either providing parking behind or under the building or by making a payment into the Commercial Parking Fund for each non-provided space. The Ordinance 645 sec. 24 section 16-202 was pulled and that ordinance, Sec. 16-202, parking standards designated for each use, states, “The year around accessible off-street parking space requirements for each use shall be as listed below. 

“Space as used in this Section shall mean an off-street parking space. This requirement applies to each zone district, except for the Central Business District (CBD). No-off street parking is required in the CBD, except as may be required through the Special Use Review or Planned Unit Development approval processes.” 

Town staff learned on Monday, March 22, 2021, that the language in 16-202 for the parking standards designated for each use as stated in the Municode was published in The Mountain-Ear on January 24, 2008. The purpose of the publication in the newspaper is to give the public notice as to any changes in the law. 

The Board of Trustees has the authority to implement a temporary moratorium on the processing of land use permits to investigate and study a regulation. Section 16-202 of the Nederland Municipal Code establishes parking standards designed for each land use. 

Because the Town recently learned about the discrepancy between Section 16-202 of the Nederland Municipal Code as published by the Town’s codifier, Municode, and the language of Section 16-202 in the adopting Ordinance Number 645, the Board may desire to investigate the difference. It should be noted that the ordinance published in The Mountain Ear is consistent with the Municode language. 

The Board of Trustees may also desire to study, review and consider the off-street parking requirements in the Town. The imposition of a three-month temporary suspension through June 23, 2021, on the submission, acceptance, processing, and approval of any SRU applications and any building permits for the erection of a new structure will allow the Town staff and the Board of Trustees to investigate the differences and develop and implement regulations related to off-street parking requirements in the Town. 

If passed, the moratorium would stop the processing of any special review use permits and building permits and the Town could not accept any new applications. Options are amend the draft ordinance moratorium to apply to only applications for Special Review Use Permits and Building Permits in the Central Business District zone district; amend the draft ordinance moratorium to apply only to new applications not yet filed as of March 23, 2021; amend the draft ordinance moratorium so that it is not an emergency ordinance and is effective 30 days after publication, or do not adopt the moratorium ordinance and study the parking requirements without a moratorium in place.

Madsen told the Board the issue was uncertainty to what is the law. Should anyone bring a suit against the town, they would need to show the judge what the law is in Nederland. 

If legal challenges were successful, the application would be back before the Planning Commission and the Board of Trustees. To adopt an ordinance, it needs to be published in the newspaper, and it becomes effective a month after.

Trustee Julian Taylor said what we are addressing here is that the online municipal code disagrees with the paper copy signed by the mayor. Instead of a moratorium, correct the paper copy and sign it. 

Madsen said if the Board decided that, she would suggest bringing this back with a resolution that corrected the ordinance. Trustees agreed that they don’t see a need for a moratorium but also agreed to bring up the parking code because it’s a bad code.

Mayor Larsen said the consensus is to not put on the moratorium but to bring back a resolution to clean up the language and make the municode consistent with the ordinance, and then place this on the agenda for a future meeting to discuss modifications. Madsen said the Board minutes demonstrated that the amendments to the Board are in line with the published version and what exists in the codes. What was published in the local newspaper is the language that is in effect, and what is sent to the newspaper is the ordinance. 

Larsen received Trustees’ agreement not to have a moratorium but bring back a resolution to match what was voted on and direct town staff to review the codes at one of the next two Board meetings. 

The next meeting of the Nederland Board of Trustees will be on Tuesday, April 6, 2021, at 7 p.m. For more information, go to https://nederlandco.civicweb.net/Portal/MeetingInformation.

(Originally published in the April 1, 2021, edition of The Mountain-Ear.)