(a)

All applications for a building permit for a permitted use, other than a single-family home or a two-family dwelling (i.e., duplex), shall be approved only upon compliance with Sections 16-112 and 16-113 and approval by the Town Manager, except as required by Subsection (b) below, and except that applications within areas zoned in the C-2 Downtown Business District are required to comply with the site plan review requirements of Subsection 16-29(e) of this Chapter.

(b)

In lieu of compliance with Sections 16-112 and 16-113, prior to acceptance for review and approval of a building permit application, the applicant for a proposed building permit within the commercial, industrial and R-4 zone districts must comply with the procedures contained in Section 16-44, with the exception that the required duly noticed public hearing shall occur before the Town Council, not the Planning and Zoning Commission; the submittal requirements of Section 16-66, unless waived as unnecessary and inappropriate by the Town Manager; open space requirements of Section 16-70; and the design standards outlined in Section 16-73; in an Industrial Zone, the design standards contained in Sections 16-24 and 16-25; and receive approval by the Town Council. The Town Council shall approve, approve with conditions or deny the site development plan based upon the criteria set forth in Sections 16-72(a), 16-44(e) and 16-111(c)(1—4). In addition, the developer shall demonstrate financial ability to the Town to complete the site plan development as proposed, to include a financial statement, performance bond, letter of credit or other security acceptable to the Town. For purposes of this Section only, where the words "planned unit development," "PUD," "preliminary development plan" or "special review" appear in the above Sections, the word "site plan development" or "SPD" shall be substituted.

(c)

Any applicant for a proposed building permit that is subject to the provision of Section 16-111(b) may petition for exemption from the requirements of Section 16-111(b) if, and only if, the applicant shows to the Town Council: that the proposed building is four thousand (4,000) square feet or less in size and to be located upon a lot ten thousand (10,000) square feet or less in size; that compliance would cause an unnecessary financial burden compared to the economic benefit of the proposed structure; and that the proposed structure:

(1)

Is architecturally consistent, including but not limited to style, height, size and materials, with the architecture of the surrounding buildings;

(2)

Will not increase the use of the public streets and public parking areas for parking in connection with the proposed structure or substantially adversely affect traffic flows or traffic patterns;

(3)

Has a landscape plan that meets the criteria set forth in Section 16-73(d) and is generally consistent with the Public Works Manual; and

(4)

Does not have the potential to cause adverse environmental impacts, including but not limited to noise, dust, sight plane interference, interference with adjoining land uses, drainage, etc.

An applicant for an exemption shall submit a written request, containing the information required in Section 16-112 and 16-113, and for Industrial Zones, the information required by Sections 16-24 and 16-25, and a statement justifying the exemption pursuant to the criteria set forth above, to the Town Council which shall consider such request at its next regularly scheduled meeting.

(d)

All building permit applications shall be consistent with the plan submissions approved by the Town Manager pursuant to Sections 16-112 and 16-113, the site plan development approvals of Town Council obtained pursuant to Section 16-111(b), or the site plan development exemption approval obtained pursuant to Section 16-111(c).

(e)

In any PUD approved after the effective date of this Article, compliance with this Article shall not be required so long as any building permit application is consistent with the PUD plan as approved by the Town.

(Prior code 70-44; Ord. 10 §3, 1991; Ord. 33 §B1, 2003; Ord. 07 §B8, 2009; Ord. 07 § 2(Exh. A), 2022)

The site plan shall be drawn to scale in a form acceptable to the Town Manager, showing the following:

(1)

The location of all buildings.

(2)

Parking areas.

(3)

Ingress and egress points to and from the public street.

(4)

Signs.

(5)

Lighting.

(6)

Landscaping.

(7)

Tabulations showing the area of the site, number of dwelling units, number of parking spaces and percentage of open space provided.

(Prior code 70-45; Ord. 33 §B1, 2003)

(a)

Lights and signs shall be located in a manner that will not be distracting to adjoining properties or passing motorists.

(b)

Landscaping shall be provided in areas near the public right-of-way and located with consideration for energy conservation. An acceptable plan must be provided for the maintenance of the required landscaped areas.

(c)

Control of storm drainage shall be provided so as to not damage adjoining properties. The plan must be approved by the Town Engineer.

(d)

Site design and building plans shall include provisions of or the need of the handicapped individuals as required by the building code adopted in Chapter 18 of this Code or other ordinances of the Town.

(e)

Approved landscaping or solid fencing capable of screening adjacent properties shall be provided when commercial uses abut residential uses.

(f)

Commercial and industrial uses shall conform to the following performance standards:

(1)

No dust, odor, gas, fumes, glare or vibration shall extend beyond lot lines. Glare pertains to sunlight reflected from windows or other integral portions of buildings as well as from lighting fixtures and signs.

(2)

Smoke shall not be emitted at a density greater than No. 1 on the Ringelmann Scale.

(3)

No particles of fly ash shall exceed two-tenths percent (0.2%) grains per cubic foot of flue gas at a stack temperature of fifty degrees Fahrenheit (50?F).

(Prior code 70-46; Ord. 13 §6, 2008)

(a)

Service by Fire Department. All new developments submitted for review to the Town after September 17, 2020 must be designed in a manner that enables them to be served by the Fire Department and that complies with its adopted standards.

(1)

Fire hazards. No development will be approved that, due to design, size (including height), or building materials, presents fire hazards that are beyond the fire-fighting capability of the Fire Department.

(2)

Location. Development should be located in such a way as to avoid adversely affecting the capability of the Fire Department or other public service entities to respond to fires or other non-fire emergencies in any other structure or area of the Town.

(3)

Fire access. Fire lanes, emergency access, and fire apparatus access roads must conform to the provisions of the Fire Code, as set forth in Chapter 18, Article V of the Municipal Code.

(b)

Development in areas subject to wildfire hazards; referral.

(1)

Purpose. All lands within the Town have the potential to pose hazards to human life and safety and to property due to wildfire. Standards are provided to reduce or minimize the potential impacts of these hazards to the public.

(2)

Applicability. The Town Planner will refer development applications subject to review by the Planning and Zoning Commission or the Town Council to the Fire Department for review and comment unless the Town Planner determines that the application does not present fire hazards that require the review of the Fire Department. The Town Planner, at his or her discretion, may refer to the Fire Department other development applications submitted for administrative approval by the Town Planner or Technical Review Committee.

(3)

Classification of hazard. The Fire Department is requested to review the application and determine the degree of wildfire hazard posed to persons and property. The Fire Department is requested to consider the proposed design of the development, including but not limited to planned or existing roads and water supply facilities, configuration and location of lots, topography of the site, types and density of vegetation present, fire protection measures proposed by the applicant and other related factors in making its determination.

(4)

Recommendations. If the Fire Department finds that a wildfire hazard may be posed to persons and property as a result of the proposed development, the Fire Department is requested to recommend mitigation techniques to be incorporated into the development approval. The recommendations are to be based on guidelines issued by the Colorado State Forest Service, such as "Wildfire Protection in the Wildland Urban Interface" and "Wildfire Safety Guidelines for Rural Homeowners."

(5)

Town action. The Town will consider the recommendations of the Fire Department and incorporate recommendations in any development approval as the Town determines to be appropriate under the particular circumstances.

(Ord. 21 §A(Exh. A), 2020)