(a)

Upon the adoption of this code, the following are repealed in their entirety: The zoning ordinance of the city of Cortez, Colorado ("city") originally adopted on March 7, 1946 with Ordinance No. 184, Series 1946, together with all amendments thereto; and the City of Cortez Subdivision Regulations, passed and approved on May 24, 1983, with Ordinance No. 600, Series 1983, together with all amendments thereto; and any other ordinance, resolution or regulation inconsistent with this code.

(b)

This land use code is adopted pursuant to the powers granted and limitations imposed by Article 23, Chapter 31 of the Colorado Revised Statutes, 1973, as amended.

(c)

The following is adopted as the Land Use Code of the city of Cortez, Colorado. It may be referred to herein as " the code," or as the "land use code."

The regulations of this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety and general welfare of the city. They have been designed to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to promote energy conservation and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the districts, and their peculiar suitability for the particular uses specified; and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

All development of land within the corporate limits of the city, and all land outside the corporate limits of the city that the city council finds capable of being petitioned to include within the corporate limits of the city, by an extension of said corporate limits, shall conform to the following rules and regulations unless specifically exempted herein or by law.

The provisions of this chapter are the minimum standards necessary to accomplish its stated purposes. It is not the intent of this chapter to interfere with, abrogate or annul any private easement, covenant, deed restriction or other agreement between private parties. When the provisions of this chapter impose a greater restriction than imposed by such private agreements, the provisions of this chapter shall control. When private agreements impose a greater restriction than imposed by this chapter, such private agreements shall control.

The regulations of this code are intended to implement and be consistent with the city's official comprehensive plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the city clerk with the original ordinance adopting it and it shall be available for public inspection during regular business hours.

(Reserved)

Any subdivision proposed on county land and located within three (3) miles of the city shall be referred to the city for consideration by the planning commission. Within 24 days of such referral, the planning commission should make its recommendations to the county. If these recommendations are not forthcoming within 35 days, the proposed subdivision shall be considered approved by the city.

(a)

Nonconforming Uses and Structures.

(1)

Nonconforming Status. The use of land, use of a structure, or a structure itself shall be deemed to have nonconforming status when each of the following conditions are satisfied:

a.

The use or structure does not conform to the regulations prescribed in the district in which such use or structure is located and was in existence and lawfully constructed, located and operating prior to, and at the time of, the event that made such use or structure nonconforming.

b.

The event that made such use or structure nonconforming was one of the following: annexation into the city; adoption of this code or a previous zoning ordinance, or, amendment of this code or a previous zoning ordinance.

c.

The nonconforming use or the use occupying the nonconforming structure has been operating since the time that the use or structure first became nonconforming without abandonment, as abandonment is defined in subsection (a)(4) of this section.

(2)

Change in Use. A nonconforming use may be changed to a conforming use and once such a change is made, the use shall not thereafter be changed back to a nonconforming use.

(3)

Maintenance and Repairs. The following changes or alterations may be made to a nonconforming building provided that such changes or alterations do not exceed fifty (50) percent of its assessed valuation, excluding the value of the land, for tax purposes at such date unless such building or structure is changed to a conforming use.

a.

Repair to a building that has been officially declared unsafe to restore it to a safe condition provided no structural alterations shall be made except as required by law or ordinance, or authorized by special exception pursuant to Section 6.18 of this code.

b.

Maintenance repairs that are needed to maintain the good condition of a building.

c.

Any structural alterations that would not increase the degree of nonconformance or which would change the use to a conforming use.

(4)

Abandonment. Whenever a nonconforming use or a conforming use in a nonconforming structure is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth conform to this code. Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation. Any nonconforming use that is discontinued for, or that remains vacant for a period of six (6) months, shall be considered to have been abandoned. Any nonconforming use that is moved from the premises shall be considered to have been abandoned.

(5)

Destruction. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may be rebuilt to conform to the provisions of this code except as follows.

a.

In the case of partial destruction of a structure occupied by a nonconforming use not exceeding fifty (50) percent of its replacement value, reconstruction may be permitted subject to the approval of a special exception pursuant to Section 6.18 of this code and the following standards:

1.

The size and function of the nonconforming use shall not be expanded; and

2.

Work on the restoration of the use must begin within twelve (12) months of the time of the calamity.

b.

A residential structure that is destroyed (50 percent or more of its replacement value) and is nonconforming only because it does not meet the minimum required dwelling unit floor area, may be reconstructed subject to the following standards:

1.

The replacement residential structure may be the same size or it may be larger than the destroyed structure provided that the new structure conforms with all other requirements of the zone district; and

2.

The replacement residential structure conforms to all adopted building codes, including but not limited to: currently adopted city construction codes, Uniform Plumbing Code, Uniform Mechanical Code and National Electrical Code;

3.

HUD manufactured housing must comply with the requirements of Section 3.08(e) of this code.

(6)

Expansion or Construction of Nonconforming Structures. Except for certain residential structures within the R-1 district, as described in subsection (a)(7) of this section, a nonconforming structure may not expand. A nonconforming structure may be allowed to reconstruct a portion of the building subject to the conditions in Section 6.18 of this code. A nonconforming single-family residence in certain areas of the R-1 district may be constructed for the purpose of in-fill development subject to the conditions contained in Section 6.18 of this code.

(7)

Expansion of Nonconforming Single-Family Residences in the R-1 District. Single-family dwellings in the R-1 district, which are nonconforming as to the required minimum building square footage at the time of the adoption of this ordinance, shall be allowed to construct additions, expansions, and remodels without having to come into full compliance with the minimum square footage requirement. In any such addition, expansion or remodel shall in all other ways fully comply with the requirements of the R-1 district.

(b)

Nonconforming Lots.

(1)

General. A single-family dwelling and customary accessory buildings may be developed on a lot that has less area than the minimum required by the underlying zone district and was an official "lot of record" prior to the adoption of the city's original Zoning Ordinance No. 184 (adopted March 7, 1946), if:

a.

The "lot of record" is in separate ownership or contiguous to lots in the same ownership; and

b.

The proposed single-family dwelling can be located on the lot so that the yard, height, and other dimensional requirements of the underlying zone district can be met, or a variance is obtained from said dimensional requirements pursuant to Section 6.17 of this code.

(2)

Undivided Lot. If two or more lots or combinations of contiguous lots in a single ownership (including husband and wife as, in all cases, a single owner) are of record at the effective date of the adoption or amendment of this code, regardless of time of acquisition, on all or parts of the lots which do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does not meet the width and area requirements of this code.

(3)

Lot Reduction.

A.

No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this code, or to leave remaining any lot in violation of the dimensional requirements of this code.

B.

No lot or portion of a lot required as a building site under this code shall be used as a portion of a lot required as a site for another structure.

C.

No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this subsection. Any transferee who acquires a lot in violation of this subsection without knowledge of such violation, and any subsequent transferee, shall have the right pursuant to Colorado law to rescind and/or receive damages from any transferor who violates the provisions of this paragraph.

(C)

Nonconforming Signs. Any sign that is permitted to remain in place as a nonconforming use may be continued in use until the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign.

(1)

Abandonment. Abandonment of a nonconforming sign shall immediately terminate the right to maintain such a sign.

(2)

Violation of this Section. Any violation of this section shall immediately terminate the right to maintain such a sign.

(3)

Destruction, Damage or Obsolescence. A sign, or a substantial part of it, shall be considered to have been destroyed or dismantled if the cost of repairing the sign is more than fifty percent (50%) of the cost of erecting a new sign of the same type at the same location.

(4)

Time Limit. It is reasonable that a time limit be placed upon the continuance of nonconforming signs and that the district in which the nonconforming sign exists will eventually benefit from a substantial uniformity of permanent signs. Therefore, the right to maintain a sign which was legally nonconforming on April 8, 1980 and has continually remained legally nonconforming through January 1, 1989 shall automatically terminate on January 1, 1999.

(Ord. 1024 (part), 2004)

(a)

Any person, firm or corporation who shall violate any of the provisions of this code or who shall fail to comply with any provisions hereof within the corporate limits of the city shall be guilty of a misdemeanor and upon conviction shall be subject to a fine and imprisonment. Any person violating any of the provisions of this code shall be fined not more than three hundred dollars ($300) upon conviction, or imprisoned for a period of up to ninety (90) days, or both such fine and imprisonment. Each day any violation or noncompliance continues shall constitute a separate and distinct offense.

(b)

Any person, being the owner or agent of the owner of any land located within a subdivision, who transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the city council and recorded or filed in the office of the Montezuma county clerk shall pay a penalty to the city of five hundred dollars ($500) for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. Each day any violation or noncompliance continues shall constitute a separate and distinct offense.

(c)

The penalties provided herein shall be cumulative of other remedies provided by state law as provided in Colorado Revised Statutes 31-23-216.5 or 31-23-308 and the power of injunction may be exercised in enforcing this code whether or not there has been a criminal complaint filed.

(d)

Any person aggrieved by a violation or apparent violation of the provisions of this ordinance may file a written complaint with the zoning administrator, who shall investigate such complaint and take the appropriate action to have the violation penalized or removed, if such violation is found to exist.

(e)

When it is determined that there has been a violation of any provision of the land use code, written legal notice of violation shall be served in the following manner:

(1)

Determine and include a list of violations, refer to the section or sections of the code violated;

(2)

Determine and specify a time for compliance with relevant land use code provisions thirty (30) days from the service of the notice; and

(3)

Serve the notice on the owner, occupant, operator, lessee, agent or other responsible party in person, provided that such notice and requirement shall be deemed to be properly served on such responsible party if a copy thereof is delivered to, posted on, or sent by registered or certified mail to his/her last known mailing address, residence or place of business.

(f)

Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the zoning administrator or a duly appointed representative has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code that makes a use or building nonconforming or unsafe, dangerous, or hazardous, the zoning administrator or a duly appointed representative, may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the zoning official or a duly appointed representative shall first make a reasonable effort to locate and contact the property owner(s) or other person(s) having charge or control of the building premises and request entry. If entry is refused, the zoning official shall have recourse to the remedies provided by law to secure entry.

(a)

Fees for the processing of land use applications for proposed developments shall be set by ordinance of the city council commensurate with the level of service. Such fees may include all costs occasioned to the city, including publication of notices, public hearing and review costs, planning, engineering, legal and other professional review costs.

(b)

No person or entity owing money to the city, in any amount or for any purpose, including delinquent taxes certified by the county treasurer or any land use application fees, may be granted any development permit or any other development approval and the city and any of its boards, commissions, departments, officers or agents will take no action on a zoning development permit or other land use application until all moneys owed the city by an applicant are paid. This provision shall not prohibit the city or any of its designees from conducting a pre-application conference or determining application completeness.

(a)

General.

(1)

Pursuant to the provisions of Article 68 of Title 24, C.R.S., a property right shall be deemed vested with respect to any property, following notice and public hearing, when required, upon the approval or conditional approval, of a final plat by the city council.

(2)

A final plat shall be defined as the plat itself, as well as all necessary submittals and attendant improvement agreements.

(3)

A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the approval.

(4)

The city council may approve a subdivision plat or grant other final approval upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such final approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.

(b)

Vested Property Right Term. A property right that has been vested as provided in subsection (a) of this section shall remain vested for a period of three (3) years. However, the city council may enter into development agreements with land owners specifying that property rights shall be vested for a period exceeding three (3) years when warranted in light of all relevant circumstances, including but not limited to the size and phasing of development, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(1)

Issuance of a building permit or a development permit shall guarantee vested rights to use the property in compliance with the terms and conditions of final plat, although failure to comply with such terms and conditions shall result in forfeiture of the vested property rights.

(2)

Should no building permit or development permit be issued within said three (3) years, the plan shall be terminated and the vested property right shall automatically expire.

(c)

Extension of Vested Property Right Term. The affected landowner may request that the city council grant an extension of the final plat for up to three (3) years, provided that:

(1)

A written request for an extension is submitted by the affected landowner no less than sixty (60) days prior to the date of expiration of the vested property right;

(2)

Such extension request shall be considered by the board in a public hearing, notice of which shall be advertised not less than 30 days prior to such hearing in a newspaper of general circulation within the county;

(3)

There is no conflict with the land use code or any conflict shall be corrected by an amendment to the final plat, which shall be presented with the request for extension;

(4)

The applicant has demonstrated that the final plat continues to be compatible with adjacent properties and the surrounding area, or that compatibility may be established by an amendment to the final plat, which shall be presented with the request for extension;

(5)

The applicant has demonstrated that the final plat is consistent with the comprehensive development plan; and

(6)

Such extension, if granted, shall be valid only for the period approved by the city council.

(d)

Further Reviews. Following approval or conditional approval of a subdivision plat or other final approval, nothing in this section shall exempt such a plan or plat from subsequent reviews and approvals, including, but not limited to, construction drawings, drainage plans, building permit and certificate of occupancy to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with said original approval.

(e)

New Regulations. The establishment of a vested property right shall not preclude the application of land use regulations which are general in nature and are applicable to all property subject to land use regulation by the city, including, but not limited to, building, fire, plumbing, electrical, mechanical codes, and other public health, safety and welfare codes.

(f)

Natural or Manmade Hazards. A vested property right shall automatically terminate upon the discovery on or in the immediate vicinity of the subject property of natural or man-made hazards which could not reasonably have been discovered at the time of site-specific development plan approval, and which, if uncorrected, would pose a serious threat to the public health, safety and welfare.

(g)

Vested Property Rights Inconsistent with State or Federal Law. A vested property right shall automatically expire upon the discovery that a subject property is burdened by a state or federal law inconsistent with that right.

(h)

Public Improvements. The vested property rights provided herein shall in no way diminish or alter the requirement for public improvements, or other requirements, as provided in city regulations.

(i)

Approval—Effective Date—Amendments. A site specific development plan shall be deemed approved upon the date of the council approval action relating thereto, as set forth in this section and Section 2.02 of this code, Definitions, Site Specific Development Plan. In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the council specifically finds to the contrary and incorporates such findings in its approval of the amendment.

(j)

Vested Rights Language. Each map, plat, or site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved and the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the county.

(k)

Other City Rules. Approval of a final plat shall not constitute an exemption from or waiver of any other provisions of the city's regulations pertaining to the development and use of property.

(l)

Application for Vested Rights Consideration. No site-specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the city's option, be combined with the notification requirements of any other required notice.

(1)

Notification Requirements for Vested Rights.

a.

The city clerk shall publish notice of the public hearing in a newspaper of general circulation within the city at least fifteen (15) days prior to the hearing. Such notice shall include the nature of the matters to be considered; the time, date, and place of the hearing; and the name, address, and phone number of the applicant. The city clerk shall also cause the notice of hearing to be posted in at least one public place within the city.

b.

The city clerk shall mail the written notice of public hearing to all owners of real property lying within three hundred (300) feet of the property on which the change is requested. The notice shall be given not less than fifteen (15) days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each such owner as the ownership appears on the last approved county tax roll.

(m)

Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this code pertaining to the development and use of property.

(n)

Limitations. Nothing in this code is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this code shall be deemed to be repealed, and the provisions hereof no longer effective.

It is declared to be the intention of city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this code, since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.