Cortez City Zoning Code

CHAPTER 6

ADMINISTRATION AND PROCEDURES

Sections:

6.01 - Planning and zoning commission.

(a)

Planning and Zoning Commission Created. The City of Cortez Code, Article II creates an advisory board known as the planning and zoning commission ("planning commission" or "commission").

(b)

Organization. The City of Cortez Code, Article II describes the organization, of the planning commission.

(1)

The commission consists of nine (9) members, five (5) members who are real estate owning, qualified, taxpaying electors of the city appointed by the city. The four remaining members shall be ex-officio members without vote and consist of the city manager, the zoning administrator, the city engineer and the mayor of the city council.

(2)

The term of office of the original planning commission members was staggered. As the term of each member expires, the vacancy thus created shall be filled by a majority vote of the city council for a term of three years. If a vacancy occurs other than by expiration of term, the city council by majority vote shall appoint a new member to fill the unexpired term.

(3)

Commission members may be removed from office prior to the expiration of the appointed term for cause.

(c)

Officers and Procedures. At the first regular commission meeting in January of each year, the first item of business shall be the selection of the commission's chairman from the membership of the commission.

(1)

The chairman shall preside over meetings. In the event a question over procedures arises, Robert's Rules of Order shall prevail.

(2)

The commission shall create and fill other offices, as it deems necessary.

(3)

The recording of minutes of all commission meetings shall be the responsibility of the city clerk.

(4)

A majority of the appointed members of the commission shall constitute a quorum to do business and the affirmative vote of three fifths of the appointed members in attendance shall be necessary to pass any motion.

(5)

The commission shall establish rules and procedures that govern its operation.

(6)

The commission shall hold at least one (1) regular meeting per month. Special meetings may be called by any three appointed members of the commission or the city manager upon due notice to the chairman and other members of the commission.

(d)

Powers and Duties. The planning commission shall have the following powers and duties:

(1)

To recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein under this code or the laws of the state of Colorado to the city council and to recommend approval or denial of zoning changes and regulations under this code.

(2)

To hear, recommend or determine any matter relating to zoning, planning or subdivision control as they may be specified or required under this code or applicable laws of the state of Colorado.

(3)

To make and adopt a comprehensive plan for the physical development of the city, including any areas outside its boundaries, subject to the approval of the city council, which in the commission's judgment bear relation to the planning of the city (C.R.S. 31-23-306).

(4)

To exercise the duties and powers as may be now or hereafter conferred by this code and the applicable laws of the state of Colorado.

(5)

To hear and decide special exceptions to the terms of this code, pursuant to Section 6.18 of this chapter, Special exceptions.

6.02 - Zoning map and land use code amendments.

(a)

Initiation of Text Amendment. Any person having a proprietary interest in any property may submit an application for a change or amendment to the provisions of this code, or the planning commission may on its own motion or on request from the city council, institute study and proposal for changes and amendments in the public interest.

(b)

Application for Zoning Map Amendment. Any person having a proprietary interest in any property within the corporate limits of the city, requesting a change or amendment to the zoning classification of such property shall file five (5) copies of the application for such change or amendment with the zoning administrator. The application shall at a minimum, include the following information:

(1)

The name, address, and telephone number of the applicant shall be provided.

(2)

The application shall clearly state the requested change or amendment and describe the property to be affected by such request by metes and bounds or by other legal description.

(3)

The application shall be accompanied by a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record that affect the title to the subject property.

(4)

A statement from the county treasurer showing the status of all current taxes due on such parcel.

(5)

Certified boundary survey of land area to be rezoned, along with an indication of the existing zoning, predominant existing uses, and existing zoning designations within three hundred (300) feet in all directions of the boundary of the land area to be rezoned; and

(6)

A list of surrounding property owners and their legal mailing addresses within three hundred (300) feet of the exterior boundary of the parcel proposed to be zoned or rezoned.

(7)

A statement by the applicant explaining the rationale for the rezoning request relative to the standards imposed by subsection (c) of this section.

(8)

A filing fee shall be submitted to cover the cost of review and processing with every application in accordance with the fee schedule adopted by resolution of the city council.

(c)

Rezoning Policy Declaration. For the purpose of establishing and maintaining sound, stable and desirable development within the city, the rezoning of land is to be discouraged. Rezoning shall only be considered if one or more of the following standards are held to apply to the request:

(1)

The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's comprehensive plan.

(2)

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area.

(3)

The proposed rezoning is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's comprehensive plan, and that such rezoning will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures.

(d)

Review by Planning Commission. Before taking action on any proposed amendment, supplement or change, the city council shall submit the same to the planning commission for its recommendation and report.

(1)

Items for Consideration in Zoning Amendments. The planning commission shall in its action on the rezoning request, consider the following:

Was the existing zone for the property adopted in error?

Has there been a change of character in the area (e.g. installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.)?

Is there a need for the proposed rezoning within the area or community?

Are the proposed uses compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated?

Will there be benefits derived by the community or area by granting the proposed rezoning?

Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended?

Is the proposal in conformance with the policies, intents and requirements of the Cortez comprehensive plan?

Does the proposed change constitute "spot zoning?"

(2)

Public Hearing Required. The planning commission shall hold a public hearing on any application for amendment or change prior to making its recommendation to the city council.

Within forty-five (45) days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten (10) days of the recommendation.

(3)

Notification Requirements for Zoning Map Amendment. When any such amendment or change relates to a change in the zoning classification of property or a change to the boundary of a zoning district, the following requirements shall be met:

The city 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 present and proposed zoning; the time, date, and place of the hearing; and the name, address, and phone number of the applicant and a map showing the land area proposed for rezoning. The city will also cause the notice of hearing to be posted in at least one public place within the city.

The applicant shall post signs noticing the public hearing at least once every five hundred (500) feet along the perimeter of the land area proposed for rezoning with a notice of the hearing at least fifteen (15) days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and the name, address, and phone number of the applicant and a map showing the land area proposed for rezoning.

However, when the zoning district map in any way is to be changed or amended incidental to, or as a part of a general revision of this code, whether such revision be made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting of notice on the land area proposed for rezoning shall not be required.

(4)

Notification Requirements for Text Amendment. When any such amendment relates to a change of a regulation or to the text of this code not affecting specific property, the city clerk shall cause notice of the public hearing of the planning commission to be given by one publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than fifteen (15) days from the date of publication.

(e)

Action by City Council. If the city council adopts the zoning ordinance amendment on first reading, a public hearing and second reading shall be held by the city council before adopting any proposed amendment, supplement or change. Such amendments shall become effective upon the favorable vote of a majority of the quorum of the city council present and voting.

(1)

Issues for Consideration. In making its determination, city council shall consider the recommendation of the planning commission, staff reports, and the written and oral testimony presented, and the considerations listed in subsection (d)(1) of this section.

(2)

The city 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.

However, when the zoning district map in any way is to be changed or amended incidental to, or as a part of a general revision of this code, whether such revision be made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, mailing to property owners within three hundred (300) feet and the posting of notice on the land area proposed for rezoning shall not be required.

(3)

Notification Requirements for Text Amendment. When any such amendment relates to a change of a regulation or to the text of this code not affecting specific property, the city clerk shall cause notice of the public hearing of the planning commission to be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than fifteen (15) days from the date of publication. The city will also cause the notice of hearing to be posted in at least one public place within the city.

6.03 - Master plan amendments.

(a)

Initiation of Amendment. Any person having a proprietary interest in any property may make application to the city council for a change or amendment to the city comprehensive plan ("master plan"), or the planning commission may on its own motion or on request from the city council, institute study and proposal for changes and amendments in the public interest.

(1)

Application for master plan amendment.

(2)

Any person having a proprietary interest in any property within the corporate limits of the city, requesting a change or amendment to the master plan affecting such property, shall file an application applying for such change or amendment with the zoning administrator, which petition shall clearly state the requested change or amendment and describe the property to be affected by such request by metes and bounds or by other legal description.

(3)

A filing fee shall be submitted to cover the cost of review and processing with every private sector application in accordance with the fee schedule adopted by resolution of the city council.

(b)

(1)

Public Hearing Required. Before adopting any plan, any part, amendment, extension or addition to the plan, the planning commission shall hold a public hearing prior to making its recommendation to the city council.

(2)

Notification Requirements for Master Plan Amendment. The city clerk shall cause notice of the public hearing to be given by one publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the amendment to be considered, which time shall not be earlier than fifteen (15) days from the date of publication.

(3)

Requirements for Approval. Such amendments shall not become effective except by resolution of the commission carried by the favorable vote of three-fifths of the entire voting membership of the commission. The resolution shall refer expressly to the maps and descriptive matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission. An attesting copy of the plan or part thereof shall be certified to each governmental body of the territory affected and, after the approval by each body, shall be filed with the county clerk and recorder of Montezuma County.

(4)

Council Notification of Disapproval. In the event of disapproval by the commission of a proposed master plan or an amendment to the plan, the commission shall communicate its reasons to the city council.

(5)

Statutory Approval Requirement. Failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval.

(c)

Action by City Council. A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change.

(1)

Issues for Consideration. In making its determination, city council shall consider the recommendation of the planning commission, staff reports, and the written and oral testimony presented.

(2)

6.04 - Preliminary plats.

(a)

Pre-Application Conference. Prior to the filing of a preliminary plat, the subdivider shall meet with the zoning administrator or his or her designated agent to acquaint himself or herself with the requirements of the city and the relationship of the proposed subdivision to the comprehensive plan. At such meeting, the application contents, referral agencies, review procedures, density standards, use and area standards, street requirements, utility service and the general character of the development may be discussed. At the pre-application conference, a land planner, engineer or surveyor may represent the subdivider.

(1)

Optional Pre-Application Conference With Planning Commission. At the option of the zoning administrator or at the applicant's option, a pre-application conference may be held with the planning commission.

(2)

Reimbursement Agreements. During the pre-application or optional pre-application process the applicant shall indicate their intention to enter into a reimbursement agreement. See Section 6.27 of the Land Use Code for reimbursement agreements.

(b)

Submittal Requirements. The subdivider or owner shall file eight (8) copies of an application requesting preliminary plat approval, a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property, and of the preliminary plat. Such plat shall be accompanied by or show the following information:

(1)

Boundary Lines and Bearings. Boundary lines, bearings, and distances sufficient to locate the exact area proposed for subdivision. At least one (1) subdivision corner shall be referenced to a survey (abstract) corner. The area, in acres, of the subdivision shall also be shown.

(2)

Adjacent Subdivisions. The name and location of a portion of adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivisions in sufficient detail to show actually the existing streets and alleys and other features that may influence the layout and development of the proposed subdivisions. Where adjacent land is not subdivided, the name of the owner of the adjacent tract shall be shown.

(3)

Intersecting Streets. The angle of intersection of the centerline of all intersecting streets.

(4)

Proposed Streets, Alleys and Easements. The names, location and widths of all streets, alleys and easements proposed for the subdivision, and all known rights-of-way and/or easements within or affecting the area to be subdivided.

(5)

Proposed Blocks, Lots and Parks. The subdivision shall show all proposed streets and alleys, easements, blocks, lots, parks, etc., with principal dimensions.

(6)

Contours. Topographic contours at five (5) foot intervals and all easements or right-of-way necessary for drainage within or without the boundaries of the addition.

(7)

Subdivision Title and Planner. The title under which the proposed subdivision is to be recorded, the name of the owner and the name of the engineer or land planner who prepared the plat.

(8)

Dedicated Parks, Playgrounds and Other Public Uses. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.

(9)

Scale, North Point. Scale, north point, date and other pertinent data. The scale of the preliminary plat may be at one (1) inch equals twenty (20) feet.

(10)

Name, Address and Telephone Number. Property owner's name, address, and telephone number.

(11)

Proposed Layout of Utilities. A proposed preliminary layout of sanitary sewer and water lines to serve the subdivision.

(12)

Drainage Report. A drainage report as described in Section 4.06 of this code, or drainage statement shall accompany the preliminary plat. This study or report shall show the acreage draining into the subdivision, points of runoff through and away from the subdivision.

(13)

Wetlands Identification. It is required that all wetlands be identified and delineated on any site plan that is submitted to the city as part of any application. The developer or property owner is responsible for determining the presence of wetlands on his property. At the recommendation of the parks and recreation department and the sole discretion of the city council, wetlands may be included as a portion of the public land dedication, the percentage to be determined by the director of the parks and recreation department or his designated representative. Disturbance of wetlands is subject to review by agencies such as the Army Corps of Engineers. Prior to removal or alteration of riparian vegetation, impacts of such removal or alteration shall be documented, and any other required permits (e.g. Army Corps of Engineers) shall be obtained.

(14)

Protective Covenants. Draft of any protective covenants where the subdivider proposes to regulate land use or development standards in the subdivision.

(15)

Proposed Land Uses. A designation of the proposed uses of land within the subdivision and any zoning amendments proposed to be requested.

(16)

Vicinity Map. A vicinity map on a smaller scale showing the proposed subdivision and its relationship to the surrounding area and city limits.

(17)

Application Fee. A filing fee shall be submitted to cover the cost of review and processing with every preliminary plat in accordance with the fee schedule adopted by resolution of the city council.

(18)

Preliminary Master Plan. If the proposed subdivision is a portion of a tract that is later to be subdivided in its entirety, then a tentative master plat of the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master subdivision plan shall conform in all respects to the requirements of the preliminary plat; except, it may be on a scale of not more than one (1) inch to one hundred (100) feet.

(19)

In accordance with 10-11-123, 24-65.5-101-106, C.R.S. as amended, not less than thirty (30) days before the date scheduled for the initial public hearing before the planning and zoning commission or the city council the applicant for development of a surface estate is required to send notice by first class mail to:

Any mineral estate owner having severed mineral interests within the proposed development. The notice shall contain the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant.

The Zoning Administrator. Such notice shall contain the name and address of the mineral estate owner.

To identify the mineral estate owner, the applicant shall examine the records in the office of the county clerk and recorder of the county in which the real property is located. Notice shall be sent if the records establish any of the following:

The identity of the owner of the mineral estate,

That an applicable request for notification is of record, or

That the mineral estate owner has recorded an instrument satisfying any applicable dormant mineral interest act.

If records do not identify any mineral estate owners, the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations or held responsible for errors or omission in such records.

(c)

Application Review Procedures.

(1)

Date of Filing. Ten (10) copies of the preliminary plat as described in subsection (b) of this section shall be submitted to the zoning administrator thirty (30) days prior to the planning commission meeting at which consideration is desired. The preliminary plat shall be considered officially filed after application review fees, which are established by resolution of the city council, have been paid and after it is examined and found to be in compliance with the general provisions of these regulations by the zoning administrator.

(2)

Distribution of Preliminary Plats. The following notice shall be stamped on the face of each preliminary plat: "Preliminary Plat - for inspection purposes only, and in no way official or approved for record purposes." The zoning administrator shall distribute the preliminary plats immediately upon receipt to the following:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Cortez city clerk (one copy - for the public record);

Parks and recreation department (one copy);

Cortez police department (one copy);

Cortez sanitation district (one copy).

(3)

Distribution to County. Whenever a preliminary subdivision plat, involving land in the city's urban influence area outside the corporate limits, is submitted to the planning commission for approval, two (2) additional plat copies shall be provided and forwarded for comment and recommendation to the county commissioners. One (1) of the copies shall be specifically directed to the attention of the commissioner in whose district the subdivision is located and the other to the county planning director. The transmittal to the county commissioners shall specify the date at which the planning commission will act on the preliminary plat and request a reply setting forth the improvement standards and other requirements essential to the acceptance of streets, roads and other public dedications proposed by the plat.

(4)

Comments—Written Report. At least ten (10) days prior to the meeting of the planning commission, at which the plat is to be considered, each agency listed above shall submit their written recommendations concerning the plat in question to the zoning administrator. The recommendations shall be given to the planning commission with the plat for their consideration. A written report shall be prepared by the zoning administrator and submitted to the planning commission at the next regular meeting. Such report should include comments relative to the proposed subdivision's compliance to these regulations, the comprehensive plan or other master plans such as utility plans. The report may include comments from other municipal departments, county, or state agencies concerned with urban development.

(d)

Review by Commission.

(1)

Action by Commission. The planning commission shall hold a public hearing on the preliminary plat before making a decision. The planning commission shall act on the preliminary plat within thirty (30) days after the official filing date or within a reasonable time thereafter.

(2)

Notification Requirements for Preliminary Plat.

The city shall publish notice of the public hearing in a newspaper of general circulation within the city at least ten (10) 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 will also cause the notice of hearing to be posted in at least one (1) public place within the city.

The city 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 ten (10) 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.

(3)

Items for Consideration by Commission. The planning commission shall, in its action on the preliminary plat, consider the physical arrangement of the subdivision, and determine the adequacy of street rights-of-way and alignment and the compliance with the Cortez thoroughfare plan, the street standards of the city, the existing street pattern in the area and with all applicable provisions of the comprehensive plan. The planning commission shall also ascertain that adequate easements for proposed or future utility service and surface drainage are provided, and that the lot size and area are adequate to comply with the minimum requirements for the underlying zone district and for the type of sanitary sewage disposal proposed.

(4)

Subdivisions Outside City. If the information shown on a preliminary subdivision plat is of land located outside the corporate limits of the city and within the urban influence area, the procedure for approval, modification or disapproval, shall be the same as required for preliminary plats within the city.

(5)

Action Within 30 Days. Following review of the preliminary plat and other materials submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the planning commission shall, within thirty (30) days, act thereon as submitted or modified, and if approved the planning commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.

(6)

Notation of Action. The action of the planning commission shall be noted on two (2) copies of the preliminary plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the subdivider and the other retained by the planning commission. A notation of the action taken and requisite reasons therefore shall be entered in the records of the planning commission.

(e)

Effect of Preliminary Plat Approval.

(1)

Not Approval of Final Plat. Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat.

(2)

Lapse of Approval. Preliminary approval of the subdivision shall be valid for a period of twelve (12) months from the date of approval and the general terms and conditions under which the preliminary approval was granted will not be changed. The planning commission's preliminary approval of the subdivision shall be deemed voided unless the final plat is submitted within the twelve (12) month period or unless the twelve (12) month period is extended by the planning commission at the request of the subdivider.

(Ord. 1117 (part), 2008)

( Ord. No. 1205 , 3-22-2016)

6.05 - Final plats.

(a)

Final Plat Submittal Requirements. The owner of land on which preliminary plat approval has been obtained shall prepare and submit a final plat to the city council. The owner shall provide a non-erasable Mylar copy of the original and seven (7) copies drawn to a scale of one hundred (100) feet to one (1) inch. The drawing shall measure twenty-four (24) inches by thirty-six (36) inches. When necessary the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in sections satisfactory to the planning commission. The final plat shall show or be accompanied by the following:

(1)

Control Points—Acres. The primary control points, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred shall be placed on the final plat. The area of the subdivision, in acres, shall be shown.

(2)

Boundary Lines and Bearings. Tract boundary line sufficient to locate the exact area proposed for subdivision, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves shall be placed on the final plat.

(3)

Streets. Name and right-of-way width of each street or other right-of-way shall be placed on the final plat.

(4)

Easements. Location and dimensions of all easements shall be placed on the final plat.

(5)

Lot and Block Numbers. Number to identify each lot or site and each block, and the dimensions of lots and blocks, shall be placed on the final plat.

(6)

Purpose of Sites. The purpose for which sites, other than residential lots, are dedicated or reserved shall be indicated on the final plat.

(7)

Building Lines. Minimum building setback lines when required or approved by the planning commission shall be placed on the final plat.

(8)

Monuments. Location and description of monuments shall be placed on the final plat.

(9)

Adjacent Land. References to recorded subdivision plats or adjoining platted land by record name shall be placed on the final plat.

(10)

Legal Description. A legal description and surveyor's certificate, to, in the following form, shall be placed on the final plat:

KNOW ALL MEN BY THESE PRESENTS:

That I, ___________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision.

___________
Signature

(11)

Approval Certification. Certification of approval by the planning commission and city council, in the following form, shall be placed on the final plat.

APPROVED this _______ day of ___________, 20___, by the Planning Commission of the City of Cortez, Colorado.

___________
Chairman

APPROVED this _______ day of ___________, 20___, by the City Council of the City of Cortez, Colorado.

___________
Mayor

___________
City Clerk

(12)

Title—Scale. A title, scale, and north point shall be placed on the final plat.

(13)

Street Intersections. The location of the point of intersection and points of tangency of street intersections, and the bearing and distance of each street right-of-way centerline shall be placed on the final plat.

(14)

Plat Identification. A positive reference and identification of the plat and date of plat shall be placed on the final plat.

(15)

Dedication Certificate. The property owner's certificate or deed of dedication shall be placed on the final plat. The dedication deed or certificate of dedication shall be executed by all persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws for the state of Colorado for conveyances of real property. The spouse of all married persons executing such dedication deed or certificate of dedication shall join therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of such party's homestead, in which case the instrument of dedication shall state the fact that the property subdivided and platted does not constitute a part of such partyffffffs actual homestead. In the case of surface lien holders, they may execute a subordination agreement subordinating their liens to all public streets, alleys, parks, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following:

An accurate description of the tract of land subdivided.

A statement and express representation that the parties joining in such dedication are the sole owners of such tract of land.

An express dedication without reservation to the public for public use; the streets, alleys, rights-of-way, school site and any other public areas shown on the attached plat.

A positive reference and identification of the plat of such subdivision date of plat and engineer.

(16)

Tax Certificates. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat.

(17)

Construction Plans. Three (3) sets of plans for required improvements and a set of reproducible transparent sheets, twenty-four (24) inches by thirty-six (36) inches in size along with all data and calculations related to utilities, drainage or other construction in the subdivision shall be submitted with the final plat. The construction plans shall conform to all requirements of the current construction design standards for the city. Such plans shall also show all existing or proposed surface and subsurface improvements and obstruction.

Reimbursement Agreements. An applicant intending to implement a reimbursement agreement shall submit the agreement along with construction plans. See Section 6.27 of the City of Cortez Land Use Code for reimbursement agreements.

(18)

Filing Fee. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(b)

Application Review Procedures.

(1)

Date of Filing. After approval of the preliminary plat by the planning commission and city council and within twelve (12) months of the approval date unless extended for up to one (1) additional year by action of the planning commission, the subdivider may submit for approval the final plat. The application, meeting all the requirements of subsection (a) of this section, shall be submitted to the zoning administrator at least thirty (30) days prior to the meeting at which consideration is desired. The official filing date of the final plat shall be the date upon which the plat and construction drawings are found to be in full compliance with the provisions of the preliminary approval after examination by the zoning administrator.

(2)

Conformance with Preliminary Plat. The final plat shall conform substantially to the preliminary plat as approved and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat that he or she proposes to record and develop at the time, provided however, that such portion conforms to all requirements of these regulations.

(3)

Review of Construction Plans. After the presentation of the construction plans for a subdivision to the zoning administrator, the zoning administrator shall submit the construction plans to the city engineer for review. The city engineer shall review the plans and submit to the planning commission his or her report at the final plat presentation. The developer shall pay the reasonable cost of review of the construction plans before the final plat is presented to the city council.

(c)

Review by City Council. The city council shall consider all proposals with respect to the dedication of right-of-way for public use, the construction of utilities, streets, drainage, and other improvements, and when satisfied with the proposals, shall authorize the establishment of agreements for same.

(1)

Action by City Council. The zoning administrator shall submit the final plat to the city council, along with any preliminary plat conditions established by the planning commission preliminary plat and an appropriate recommendation. The city council shall hold a public hearing on the final plat prior to taking action. The city council shall act on the final plat within thirty (30) days after the official filing date or within a reasonable time thereafter.

The city council may, at its sole discretion and in the interest of further promoting the city's comprehensive plan, waive or modify one or more of the subdivider's financial obligations for public improvements, including the public land dedication requirements of Section 4.05 of this code.

(2)

Notification Requirements for Final Plat.

The City clerk shall publish notice of the public hearing in a newspaper of general circulation within the city at least ten (10) 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 (1) public place within the city.

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 ten (10) 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.

(3)

Review in Stages. An owner or subdivider, at his or her option, may obtain approval of a portion or a section of a subdivision provided he or she meets all the requirements of this code with reference to such portion or section in the same manner as is required for a complete subdivision. In the event a subdivision and the final plat thereof is approved by the city council in sections, each final plat of each section is to carry the name of the entire subdivision, but is to bear a distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections.

(4)

Approval by City Council. After the city council has determined that the plat is in proper form, that the arrangement of the development proposed for the property being subdivided is consistent with zoning regulations and that the subdivision complies with the provisions of this code, it shall act to approve the plat.

(5)

Disapproval by City Council. Final plats that are disapproved by the city council shall be returned to the subdivider by the zoning administrator with an attached statement of the reasons for such action.

(d)

Action Following Approval.

(1)

Certification of Approval. The city council's approval and execution of the city council certificate of approval on the final plat shall authorize the chairman of the planning commission to execute the planning commission certificate of approval on the plat.

In no case shall additions, corrections, or modifications of any kind be made to the final plat other than signatures required after the final plat has been approved by the city council.

(2)

Recordation of Plats. The final plat for any subdivision located within the corporate limits of the city shall then be caused to be filed of record by the subdivider in the plat records of Montezuma County, but only after the city council has officially acted upon the final plat with reference to improvements, dedications and utilities and all fees (including recording and review fees) shall be paid by the developer.

If for any reason the final plat has not been recorded within six (6) months of city council approval, the approving actions shall be deemed void.

(Ord. 1117 (part), 2008; Ord. 1072 (part), 2006)

( Ord. No. 1205 , 3-22-2016)

6.06 - Improvements agreement and performance guarantees.

(a)

Improvements Agreement. Prior to the issuance of a building permit and the recording of a final plat, an applicant shall submit for approval to the city council an improvements agreement for construction of any required public improvements designated on the final plat.

(b)

Performance Guarantee.

(1)

Prior to the issuance of any building permit, the city council shall require an applicant to file a financial guarantee in order to insure compliance with any or all requirements of the board stipulated in the improvements agreement and the final plat.

(2)

The financial guarantee, in the judgment of the city council, shall be sufficient to make reasonable provision for completion of such improvements in accordance with design and time specifications.

(3)

Ordinarily, a letter of credit to the city council from a commercial bank, savings and loan institution, insurance company or other qualified lending institution(s) licensed or authorized to do business in the state of Colorado in a form satisfactory to the manager shall be required.

(4)

Nothing in subsection (b)(3) of this section shall preclude the city council from approving other forms of financial security.

(c)

Release of Collateral.

(1)

As public improvements are made, an applicant may apply to the board for release of part or all of the collateral deposited with the board.

(2)

Upon inspection and approval, the board shall release collateral, provided that in the event a combination of forms of collateral has been accepted, the board shall release collateral on a priority basis it deems appropriate.

(3)

If the board determines that any of the required improvements are not constructed in substantial compliance with specifications, it shall furnish the applicant a list of specifications and shall be entitled to withhold collateral sufficient to insure substantial compliance.

(4)

If the board determines that the applicant will not construct any or all of the improvements in accordance with all of the specifications, the board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications.

(d)

Form of Agreement. All improvement agreements shall utilize the standard city template (guide) for the format and content of such Agreements, with such changes as may be approved by the city council (see Appendix B set out at the end of this code.)

6.07 - Acceptance of subdivision improvements.

(a)

Time Frame For Completion.

(1)

Plan Resubmittal. If construction has not commenced within one (1) year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. These plans will be reviewed and comments noted in fifteen (15) working days. A fee as provided for in the fee schedule adopted by resolution of the city council is required upon the resubmittal of plans for review. "Construction" means the start or commencement of construction of city-maintained facilities.

(2)

Expiration and Extension of Approval. If the public improvements for a subdivision have not been constructed and accepted by the city, and the corresponding final plat for such subdivision filed in the plat records of the Montezuma County within thirty-six (36) months from the date of final plat approval by the city, such final plat shall be null and void and shall conclusively be deemed to be withdrawn, without further action by the city; provided however, this provision shall not apply to final plats approved by the city prior to the adoption of this code (March 12, 1996). If the public improvements for a subdivision that was approved prior to March 12, 1996 have not been constructed and accepted by the city, and the corresponding final plat for such subdivision filed in the map and plat records of the Montezuma County by within thirty-six (36) months of the adoption of this code (March 12, 1996), such final plat shall be null and void and shall conclusively be deemed to be withdrawn, without further action by the city. An approved, unexpired final subdivision plat may be extended once for a period not to exceed thirty-six (36) months, pursuant to the following provisions:

The city council may extend the approval of the final plat, for good cause shown by the applicant, if there has been no significant change in development conditions affecting the subdivision plan and the plat continues to comply with all applicable standards and ordinances.

A request for an extension of time to complete final public improvements for a subdivision pursuant to these provisions shall be submitted to the zoning administrator no later than the date the final subdivision plat expires. The request shall be in writing, and the application shall state the reason and justification for the requested extension.

(b)

Improvements Required. The improvement of all streets, sidewalks, alleys, and drainageways as herein required shall be in accordance with the standard specifications for installation of such improvements as described in the current construction design standards for the city. The city shall withhold all improvements and services of whatsoever nature, from all additions that have not been approved in accordance with the regulations herein contained.

(c)

Inspection. The city public works department shall be notified three (3) days before any construction is begun on such public improvements in order that proper supervision and inspection may be provided. All construction work, such as street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the owner, developer or contractor, shall be subject to inspection during construction by the proper authorities of the city and shall be constructed in accordance with the standard specifications approved by the city council, and in accordance with the provisions of any other ordinance of the city applicable thereto.

(d)

Street Posts and Markers. The developer shall pay the cost of purchasing and installing street posts and markers at each street intersection, which posts and markers shall be the same type as used throughout the city. The cost of such street posts and markers shall be paid to the city clerk upon final approval of construction plans for the subdivision. No subdivision construction, including but not limited to, street grading, street paving, storm sewer installation, curb and gutter work, sanitary sewer and water main installation, can begin until the cost of purchasing and installing such street posts and markers is paid to the city clerk.

(e)

Traffic Signs. The developer shall pay the costs of purchasing and installing traffic signs at each street intersection, which traffic signs and posts shall be the same type as used throughout the city.

(f)

Street Lighting. The developer shall pay the costs of purchasing and installing all street lighting equipment. The developer shall also pay the cost of all street lighting service for a period of two (2) years or until such time as seventy percent (70%) of the buildings for which building permits have been issued are completed, whichever is sooner. Prior to the issuance of any building permits or certificates of occupancies in the subdivision, the developer shall enter into a contract with the city, in a form approved by the city, setting forth the specific street lighting requirements for such subdivision. The type of equipment, method of installation and location of the wiring and light poles shall meet the minimum standards and requirements of the electric company from which electricity is to be purchased.

(g)

Street Improvements. All final plats shall be subject to the following requirements regarding street improvements, provided that compliance with this subsection shall not be required for plat amendments approved and issued pursuant to Section 6.09(a) of this chapter, Plat Amendments.

(1)

No permit will be issued on property abutting any street in a subdivision prior to the approval of street grades and street improvements by the city engineer. Construction of the street improvements as required by the provisions of this code will not be necessary where the city engineer has determined that such street improvements are not possible or practical at the time the street improvements are required to be constructed. In the event the city engineer makes such a determination, a cost estimate for the construction for the required street improvements shall be prepared by the city engineer. The developer shall enter into an agreement with the city, in a form approved by the city, for the deposit of funds in accordance with the agreement and shall have no further liability for the construction of the required street improvements. The terms and conditions under which construction shall be accomplished and a disposition of the escrow account shall be provided for in the agreement. In lieu of depositing such funds in escrow, an irrevocable letter of credit made out to the city in an amount approved by the city and in a form approved by the city attorney will be accepted.

(2)

No permit will be issued on property in a subdivision abutting a state highway until compliance with this subsection has been met.

The zoning administrator shall make a determination whether the state of Colorado will require participation in the cost of the improvements, and shall prepare a cost estimate for the required participation of the improvement of the state roadway.

In the event participation in the cost of improvements is required, the developer shall enter into an agreement with the city, in a form approved by the city, to deposit funds equal to the required cost of participation, including the cost for curbs, gutters, parallel storm sewer system, right-of-way, and utility adjustments.

The developer shall then deposit funds in accordance with the agreement and shall have no further liability for the construction of the required street improvements. The terms and conditions under which construction shall be accomplished and a disposition of the escrow account shall be provided for in the agreement.

(3)

Guarantee for Construction or Maintenance of Streets. Approval of the plat shall not impose any duty upon the city or county concerning the maintenance of improvements of any such dedicated parts until the proper authorities of the city or county have made acceptance of the same by entry, use or improvement.

(h)

As-Built Plans. Prior to the acceptance of a subdivision by the city, the engineer for the developer shall submit to the city staff a complete set of drawings of the paving, drainage, water, and sewer improvements showing all changes made in the plans during construction and containing on each sheet an "As-Built" stamp bearing the signature of the engineer and the date. In addition, one (1) reproducible drawing of the utility plan sheets, containing the "As-Built" information, shall be submitted.

(i)

Maintenance Bond. Prior to the acceptance of a subdivision by the city, the subdivider shall furnish a good and sufficient maintenance bond in the amount of ten (10) percent of the contract price with a reputable and solvent corporate surety in favor of the city, to indemnify the city against any repairs that may become necessary to any part of the construction work performed in connection with the subdivision arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the entire project.

(j)

Inspection Fee. Prior to the acceptance of a subdivision by the city, the subdivider shall reimburse the city for all design review and inspection costs incurred by the city for design review and inspection of the water and sewer utilities, drainage facilities, and streets and other public improvements in each subdivision.

6.08 - Mandatory homeowners' association.

(a)

Applicability. When a residential subdivision contains any physical facilities, structures, improvements, systems, areas or grounds held in common and necessary or desirable for the welfare of the area or subdivision, or that are of common use or benefit and that are not or cannot be satisfactorily maintained by the city or another public agency, the city may require the establishment and creation of a mandatory homeowners' association to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of such facilities, structures, improvements, systems, areas or grounds.

(b)

Approval. If the establishment and creation of a mandatory homeowners' association is required by the city, a copy of the agreements, covenants and restrictions establishing and creating the association must be approved by the city attorney and city council prior to the approval of the final plat of the subdivision and must be filed of record with such final plat in the map and plat records of Montezuma County, Colorado. Such final plat shall clearly identify all facilities, structures, improvements, systems, areas or grounds that are to be operated, maintained and/or supervised by such association.

(c)

Responsibilities. Such mandatory homeowners' associations shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or elements located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainageways or drainage structures, or at subdivision entryways. Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners' association as required herein is established and created.

(d)

Dedications to Association. All facilities, structures, improvements, systems, areas or grounds that are to be operated, maintained and/or supervised by a mandatory homeowners' association, other than those located in public easements or right-of-ways, shall be dedicated by easement or deeded in fee simple ownership interest to such association. Such easements or ownership shall be clearly identified on the final plat of the applicable subdivision.

(e)

Contents of Agreements. At a minimum, the agreements, covenants and restrictions establishing and creating a mandatory homeowners' association required herein shall contain and/or provide for the following:

(1)

Definitions of terms contained therein;

(2)

Provisions acceptable to the city for the establishment and organization of the mandatory homeowners' association and the adoption of by-laws for such association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive buyer(s) shall automatically and mandatorily become a member of the association;

(3)

The initial term of the agreements, covenants and restrictions establishing and creating the association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods, and the association may not be dissolved without the prior written consent of the city;

(4)

Provisions acceptable to the city to ensure the continuous and perpetual use, operation, maintenance, and/or supervision of all facilities, structures, improvements, systems, areas or grounds that are the responsibility of the association and to establish a reserve fund for such purposes;

(5)

Provisions prohibiting the amendment of any portion of the association's agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, areas or grounds that are the responsibility of the association without the prior written consent of the city;

(6)

The right and ability of the city or its lawful agents, after due notice to the association, to remove any landscape systems, features or elements that cease to be maintained by the association; to perform the responsibilities of the association if the association fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the association or of any applicable city codes or regulations; to assess the association for all costs incurred by the city in performing such responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions available to the city pursuant to state law or city codes or regulations; and

(7)

Provisions indemnifying and holding the city harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the city's removal of any landscape systems, features or elements that cease to be maintained by the association or from the city's performance of the aforementioned operation, maintenance or supervision responsibilities of the association due to the association's failure to perform such responsibilities.

6.09 - Replats and plat amendments.

(a)

Replats and plat amendments shall be subject to all of the requirements of this code regarding preliminary plats and final plats, provided, however, that the city council shall be authorized to approve a replat or plat amendment without notice or hearing where the replat or plat amendment is solely for one or more of the following purposes and does not remove any covenants or restrictions or increase the number of lots. Such approval and issuance shall not require notice, hearing, or approval of other lot owners. Allowable purposes for a replat or plat amendment include to:

(1)

Correct an error in any course or distance shown on the prior plat.

(2)

Add any course or distance that was omitted on the prior plat.

(3)

Correct an error in the description of the real property shown on the prior plat.

(4)

Indicate monuments set after death, disability, or retirement from practice of the engineer responsible for setting the monuments.

(5)

Show the proper location or character of any monument that has been changed in location or character or that originally was shown at the wrong location or incorrectly as to its character on the prior plat.

(6)

Correct any other type of clerical error or omission in the previously approved plat.

(7)

Correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not have a material adverse effect on the property rights of the owners in the plat.

(8)

Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement.

(9)

Relocate or vacate one (1) or more lot lines between one (1) or more adjacent lots and /or parcels or tracts where the owner or owners of all such property join in the application for the plat amendment.

(b)

Limitation. In no case shall a plat amendment result in the creation of a lot with less than the minimum lot area required in underlying zone district (see Section 3.06 of this code).

6.10 - Conditional use permits.

(a)

General. A conditional use is a use that may be permitted subject to conditions imposed upon the approval of the use that are designed to reasonably mitigate any adverse impacts upon surrounding properties. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested.

(b)

Pre-Application Conference. Prior to the filing of a conditional use permit application, the applicant shall meet with the zoning administrator or his or her designated agent to acquaint himself or herself with the requirements of the city. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre-application conference, the applicant may be represented by a land planner, engineer or surveyor.

(c)

Submittal Requirements. The applicant shall file four (4) copies of an application requesting a conditional use permit and of a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The petition shall be accompanied by or show the following information:

(1)

The street address and legal description of the property affected; and

(2)

Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed;

(3)

A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(d)

Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection (f) of this section.

(1)

Public Hearing Required. The planning commission shall hold a public hearing on any application for conditional use permit prior to making its recommendation to the city council.

(2)

Notification Requirements.

The city clerk shall cause notice of the public hearing of the planning commission to be given by one (1) publication in a newspaper of general circulation in the city. Such notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least ten (10) days and not earlier than twenty (20) days from the date of publication.

The city clerk shall cause written notice of public hearing to be mailed 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 mailed not less than ten (10) 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.

(e)

City Council Review Criteria and Processing. In reviewing a conditional use, the city council shall utilize the criteria listed in subsection (f) of this section.

(1)

Public Hearing Required. The city council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application.

(2)

Notification Requirements. The city clerk shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city. Such published notice shall state time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least ten (10) days and not earlier than twenty (20) days from the publication of the notice.

(f)

Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application. The applicant shall adequately demonstrate that the applicable criteria have been met:

(1)

The proposed conditional use is compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas dust, odor, lighting, glare, traffic circulation, parking, or other undesirable or hazardous conditions.

(2)

The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and site building placement.

(3)

All proposed accessory uses must demonstrate that they are necessary and desirable. All proposed accessory uses shall comply with the requirements of subsections(f)(1) and (2) of this section. Undesirable impacts created by these uses shall be controlled or eliminated.

(4)

Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to other existing uses.

(5)

Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided.

(6)

The proposed conditional use shall conform to adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations of this code and other applicable regulations.

After considering the public comment relating the criteria listed above in relation to the conditional use permit being requested, the planning commission and the city council, respectively, shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of this code.

(g)

Records. The city clerk shall maintain a file containing all documents relevant to the application and disposition of such conditional use permits.

(h)

Maximum Density. The maximum density allowed by conditional use permit shall be no greater than that permitted in the underlying zone district.

(i)

Specific Performance. The permitted conditional use shall be established within one (1) year of its approval by city council.

(1)

Failure to demonstrate due diligence may require the applicant to appear before the commission to show cause why the permit should not be revoked. In the event the permit is revoked and the previously permitted conditional use is not abated, discontinued, or removed, the property owner shall be subject to the penalties described in Section 1.09 of this code.

( Ord. No. 1205 , 3-22-2016)

6.11 - Minor subdivision plat.

(a)

General. Not withstanding any other provision of this code, a minor subdivision plat may be approved by the city council without notice or hearing where all of the following conditions are met:

(1)

A parcel of land may be subdivided into no more than four (4) parcels.

(2)

No new streets, roads, extensions or access easements need to be widened, dedicated or developed.

(3)

No utilities, other than individual service lines, need to be extended to serve the parcel and the necessary utilities are in place immediately adjacent to the parcel.

(4)

The resulting lots shall be in compliance with all zoning provisions, area and bulk requirements and any other applicable requirements of this code.

(5)

These procedures may be utilized only one (1) time for each parcel of land.

(6)

There are no other problems of public concern.

(b)

Pre-Application Conference. Prior to the filing of a minor subdivision plat application, the applicant shall meet with the zoning administrator to acquaint himself or herself with the requirements of the city. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. The applicant may be represented by a land planner, engineer or surveyor.

(1)

Minor Subdivision Plat Submittal Requirements. The applicant shall file nine (9) copies of an application requesting approval of a minor subdivision plat that shall include all submittal requirements for preliminary and final plats in accordance with Sections 6.04(b) and 6.05(a) of this chapter, respectively, along with evidence of compliance with subsection (a) of this section.

(c)

Application Review Procedures.

(1)

Date of Filing. Nine (9) copies of the minor subdivision plat as described in subsection (b) of this section shall be submitted to the zoning administrator. The minor subdivision plat shall be considered officially filed after application review fees which are established by resolution of the city council have been paid and after it is examined and found to be in compliance with the general provisions of these regulations by the zoning administrator.

(2)

Distribution of Minor Subdivision Plats. The zoning administrator shall distribute the minor subdivision plats immediately upon receipt to the following:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Cortez city clerk (one copy - for the public record).

(3)

Comments—Written Report. Within twenty (20) days, each agency listed above shall submit their written recommendations concerning the plat in question to the zoning administrator. The recommendations shall be given to the city manager along with the plat and the zoning administrator's written report. Such report should include comments relative to the proposed subdivision's compliance to these regulations, the comprehensive plan or other master plans such as utility plans. The report may include comments from other municipal departments, county, or state agencies concerned with urban development.

(d)

Review by City Manager. After the city manager has determined that the conditions of subsection (a) of this section are satisfied, and that the plat is in proper form, the lot size and area are adequate to comply with the minimum requirements for the underlying zone district and for the type of sanitary sewage disposal proposed, he shall submit the plat to the city council for approval.

(1)

Notification Requirements for Minor Subdivision Plat. There shall be no notification requirements for minor subdivision plats.

(2)

Approval by City Council. The city manager shall notify the city council at the next council meeting of his recommendation on the minor subdivision plat. At that time, the council may vote to review the application at their regular meeting or it may vote to approve the plat and authorize the mayor to sign the plat.

(3)

Disapproval by City Council. Minor subdivision plats that are disapproved by the city council shall be returned to the subdivider by the zoning administrator with an attached statement of the reasons for such action.

(4)

Review Pursuant to Preliminary and Final Plat Procedures. If the minor subdivision plat is not approved within thirty days of its submission, or is disapproved by the city, it shall automatically be processed pursuant to preliminary plat subdivision requirements unless withdrawn by the applicant.

(e)

Action Following Approval.

(1)

Certification of Approval. The city council's approval of the minor subdivision plat shall be evidenced by the execution of the city council certificate of approval on the plat. In no case shall additions, corrections, or modifications of any kind be made to the minor subdivision plat other than signatures required after the minor subdivision plat has been approved by the city council.

(2)

Recordation of Plats. The minor subdivision plat for any subdivision located within the corporate limits of the city shall then be caused to be filed of record by the subdivider in the plat records of Montezuma County, but only after the city council has officially acted upon the minor subdivision plat with reference to improvements, dedications and utilities and all fees (including recording, review fees and cash-in-lieu of public land dedication) shall be paid by the developer.

If for any reason the minor subdivision plat has not been recorded within six (6) months of city council approval, the approving actions shall be deemed void.

(Ord. 1072 (part), 2006)

6.12 - Condominium subdivisions.

(a)

General. This section provides review procedures, submittal requirements and standards for review to ensure that the creation or conversion of condominium subdivisions will comply with the currently adopted city construction codes as amended by the city and other provisions of this code.

(b)

Pre-Application Conference. Prior to the filing of a condominium subdivision or conversion application, the applicant shall meet with the zoning administrator or his or her designated agent to acquaint himself or herself with the requirements of the city.

(c)

Submittal Requirements. The applicant shall file nine (9) copies of an application requesting approval of a condominium subdivision and of a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property.

(1)

The application shall be accompanied by nine (9) copies of a preliminary condominium plat/map showing:

Name and Heading. The exact name of condominium subdivision shall be placed on the plat. The heading of the final condominium plat shall include the complete name of the condominium subdivision, the land sections, township, range, principal meridian, "City of Cortez, Montezuma County, Colorado."

Scale, Arrow and Date. The written and graphic scale, north arrow and date of preparation shall be placed on the plat.

Location. The location of the condominium subdivision by reference to streets, lots and blocks shall be placed on the plat.

Lot and Property Lines. The lot lines and property lines to the hundredth ( 1/100 ) foot shall be placed on the plat.

Zoning and Densities. The zoning and existing densities on adjacent properties shall be placed on the plat.

Parking and Trash. The required parking spaces and the joint trash collection areas shall be identified on the plat.

Separate, Common and Limited Common Elements.

Floor plans, elevations and site plan shall be included as required to show separate ownership of all separate units, common elements and limited common elements labeled as such and numbered for ease of identification (all dimensions shall be to the nearest hundredth ( 1/100 ) of a foot, or other scale specified by the zoning administrator); and

Number, type and floor area of units, common elements and limited elements, delineated in square feet and fractions thereof; proposed use for each unit; land area; percentage of open space; and lot coverage shall be shown.

Statement of the Number of Units. A statement of the total number of units shall be shown on the proposed plat.

(2)

The application shall be accompanied by nine (9) copies of the following:

Condominium Declarations. Condominium declarations shall be submitted establishing a unit owners' association that shall be responsible for the maintenance of common elements and limited elements and in accordance with the requirements of Section 6.08 of this chapter.

The condominium declarations shall incorporate clear provisions for giving notice by third parties to the unit owners' association or corporation on behalf of the unit owners of special declarant rights issued to the declarant.

Articles of Incorporation.

Bylaws. Bylaws of the unit owners' association or corporation, unless exempt under C.R.S. 38-33-106, as amended.

(3)

Traffic Mitigation Plan. A traffic mitigation plan, if the condominium subdivision will increase the total number of dwelling units on the parcel or lot, may be required by the planning commission.

In addition to the above submittal requirements, the following statements shall be required on the final condominium plat:

(4)

Legal Description. A legal description of the subject property shall be required on the final plat.

(5)

Surveyor's Certificate. A surveyor's certificate, in the following form, shall be placed on the final plat:

I, (printed name of Land Surveyor) being a Registered Land Surveyor in the State of Colorado, do certify that this plat and survey of (NAME OF CONDOMINIUM SUBDIVISION IN CAPITAL LETTERS) was made by me and under my supervision and that both are accurate to the best of my knowledge. I further certify that monuments and markers were set as required by the applicable provisions of Articles 50 and 51 of Title 38, C.R.S.

(6)

Dedication Certificate. The property owner's certificate or deed of dedication shall be placed on the final plat. The dedication deed or certificate of dedication shall be executed by all persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws for the state of Colorado for conveyances of real property. The spouse of all married persons executing such dedication deed or certificate of dedication shall join therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of such party's homestead, in which case the instrument of dedication shall state the fact that the property subdivided and platted does not constitute a part of such party's actual homestead. In the case of surface lien holders, they may execute a subordination agreement subordinating their liens to all public streets, alleys, parks, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following:

An accurate description of the tract of land subdivided.

A statement and express representation that the parties joining in such dedication are the sole owners of such tract of land.

An express dedication without reservation to the public for public use; the streets, alleys, rights-of-way, school site and any other public areas shown on the attached plat.

A reference to the recording location (book and page) for the condominium declarations, articles of incorporation and subdivision plat.

Identification of the plat of such subdivision, date of plat and engineer, if applicable.

(7)

Treasurer's Certificate. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat.

(8)

Approval Certification. Certification of approval by the planning commission and city council, in the following form, shall be placed on the final plat.

APPROVED this _______ day of ___________, 20___, by the Planning Commission of the City of Cortez, Colorado.

___________Chairman

APPROVED this _______ day of ___________, 20___, by the City Council of the City of Cortez, Colorado.

_____
Mayor

_____
City Clerk

(9)

Filing Fees. A filing fee to cover the cost of review shall be submitted with the preliminary, final, and as-built condominium subdivision application in accordance with the fee schedule adopted by resolution of the city council.

In addition to the above submittal requirements, after final plat approval and prior to the issuance of a certificate(s) of occupancy the applicant shall submit three (3) copies of an as-built plat, showing:

(10)

As-Built Plats. As built plats shall include all information required in subsections (c)(1) through (8) of this section, with the following exceptions:

The title "As-Built Plat" shall appear at the top, with "Final Plat (prior reception number) Amendment" directly underneath.

The location shall be indicated for all completed improvements, such as buildings, parking, easements, service lines and mains.

The planning commission certificate block shall be omitted.

(d)

Application Review Procedures for Preliminary and Final Condominium Subdivision Plats.

(1)

The procedures and standards for review and approval of a condominium subdivision shall be the same as that specified for other subdivisions in Sections 6.04(c) through (e) and 6.05(b) through (d) of this chapter.

(2)

Condominium conversion shall be reviewed as a minor subdivision regardless of the number of units proposed for conversion (see Section 6.11(c) through (e) of this chapter for procedures; and Chapter 4 of this code for subdivision standards). A conversion may be executed on a multi-unit structure that was constructed and completed for a period of not less than three (3) years prior to the time of application.

(3)

Any subsequent change in the approved use(s) for a condominium subdivision shall be subject to the same review procedures as would be applied to a new condominium subdivision.

(4)

Notwithstanding anything in this code to the contrary, no requirement for public improvements, dedication of land to public use or cash-in-lieu, or other subdivision requirement shall be imposed as a condition of approval for a condominium subdivision or common interest community, which would not be imposed upon a physically-identical development under a different form of ownership. This provision shall not be construed to prevent the city from imposing the review requirements of this code upon any change of use, expansion of use, increase in intensity of use, or other change in a condominium or common interest community unrelated to its form of ownership. The condominium regulations established in this section shall be used to process townhome developments, timeshares, or other types of development contemplated by the Colorado Common Ownership Act. At the request of the developer and the approval of the city, the use of the normal subdivision process may be used to process common ownership developments in lieu of these regulations.

(e)

Application Review Procedures for As-built Condominium Subdivision Plats.

(1)

The zoning administrator shall review as-built plats within 15 days of the submittal of the plat. If the zoning administrator is satisfied that the proper dedications have been made and that the plat accurately depicts the completion of the improvements in a manner that is substantially consistent with the approved final plat, the zoning administrator shall present the as-built plat to the mayor for signature and shall cause the as-built plat and other appropriate documents to be filed of record by the developer in the plat records of Montezuma County.

(f)

Standards for Review of Condominium Subdivisions.

(1)

Condominium subdivisions shall comply with the review standards applied to other subdivisions in Chapter 4 of this code and to mandatory owners' associations in accordance with the provisions of Section 6.08 of this chapter.

(2)

Condominium subdivisions shall comply with the following supplemental review standards:

The density of the development as proposed for condominium subdivision shall not be greater than the maximum density as allowed by the underlying zone district; and

If the condominium subdivision will increase the total number of dwelling units on the parcel or lot, the traffic impacts of the proposed condominium subdivision shall be evaluated and any impacts to the neighborhood must be mitigated.

(3)

As-built plats shall accurately depict the location of all completed improvements, and such improvements shall be substantially consistent with the improvements shown on the approved final plat.

(g)

Additional Standards for Review of Condominium Conversions. In addition to complying with the review standards applied to other subdivisions and condominium subdivisions by this code, condominium conversions shall comply with the following standards:

(1)

Prior to the submission of a preliminary plat, which would convert an existing multi-unit development to condominium units, the owner of such property shall meet with the zoning administrator regarding the proposed conversion and shall demonstrate that the following provisions have been met.

The structure subject to the proposed condominium conversion shall meet current off-street parking requirements for the underlying zone district found in Section 5.02 of this code. Each residential condominium unit shall be considered a separate dwelling unit for purposes of determining parking compliance.

A minimum one (1) hour firewall may be required between units as a condition of city approval of any condominium plat involving a condominium conversion.

The multi-unit structure must have been in use for a period of at least three (3) years prior to the filing of application for conversion.

(2)

Owners of properties proposed for condominium conversion shall notify all residential tenants in writing of the conversion at least ninety (90) days prior to termination of any residential tenancy in accordance with C.R.S. 38-33-112, as amended. Copies of such notification shall be filed with the city clerk as proof of notification.

6.13 - Annexations.

(a)

Authority. In annexation proceedings, the city may exercise all statutory powers it may lawfully assume, specifically the Colorado Municipal Annexation Act of 1965, as amended. This section shall be interpreted so as to extend such exercise of powers as is reasonable and necessary for the public welfare. The city will impose terms and conditions of annexation to protect the public interest, and to that goal shall ensure that the following policies are accomplished:

(1)

All annexations shall be consistent with the Cortez comprehensive plan and the Cortez thoroughfare plan and street standards for the city.

(2)

The Cortez thoroughfare plan and street standards for the city identifies a master plan boundary area surrounding the city as an area appropriate for the future residential, commercial and industrial growth of the city. Consent to annexation by benefiting landowners within the master plan boundary and conformance with the comprehensive plan as amended by the Cortez thoroughfare plan and standards for the city and the implementation zoning shall be a condition of extension or expansion of the municipal utility service.

(3)

There will be no annexations of areas outside the boundaries of the master plan boundary identified by the Cortez thoroughfare plan and street standards for the city, with the possible exception of annexation of any acquired open space.

(4)

Applicants and developers should identify revenues adequate to pay the long term costs for maintenance of their developments, and the city should agree that the revenues will be adequate prior to approval of an application for annexation.

(b)

Pre-Application Conference. Prior to the filing of an annexation petition, the applicant shall meet with the zoning administrator or his or her designated agent. The purpose for the meeting is to allow an applicant non-binding information regarding the general annexation policies and requirements of the city, the relationship of the proposed annexation to the comprehensive plan and to prevent unnecessary expenditures for preparation of annexation applications which may not be consistent with city policies and requirements. At such meeting, the application contents, referral agencies, review procedures, density standards, use and area standards, street requirements, utility service, long term maintenance costs of the annexation, and the general character of the land desired to be annexed may be discussed. At the pre-application conference, the applicant may be represented by an attorney, land planner, engineer or surveyor. Any applicant may request a non-binding pre-application conference with the planning commission and/or the city council.

(c)

Submittal Requirements. The application shall be accompanied by or show the following information:

(1)

Petition for Annexation. An application for annexation containing allegations that all requirements as provided under Colorado Revised Statutes for annexation can or will be met prior to submission for final annexation and further including the following information:

The names and mailing addresses of all landowners in the proposed area to be annexed;

The legal description of the land owned by each signer to the petition of the area proposed for annexation;

An allegation that it is desirable and necessary that such an area be annexed to the city;

A statement that at least one-sixth (⅙) of the perimeter of the area to be annexed is contiguous with the city;

An allegation that a community of interest exists between the area proposed to be annexed and the city, that such area is urban or will be urbanized in the near future, and that such area is integrated with or is capable of being integrated with the city;

A statement that the petitioning landowners own more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys;

An affidavit of each circulator of each petition that each signature in the petition is a true signature; and

The witnessed or acknowledged signatures, and mailing addresses of the landowners signing the petition (signature(s) on the petition are invalid if dated more than one hundred eighty (180) days prior to the date of filing the petition for annexation).

(2)

Annexation Map. An annexation map drawn at a scale of one (1) inch equals twenty (20) feet with a north point, date, any other pertinent data and containing the following information:

A written legal description of the boundaries of the area proposed to be annexed.

The boundary of the area proposed to be annexed, and next to it a drawing of the contiguous boundary of the city and the dimensions of the boundaries.

Within the annexation boundary map, designation of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks.

The existing and proposed land use pattern in the vicinity of the proposed annexation.

(3)

Vicinity Map. A vicinity map on a smaller scale showing the relationship of the area to be annexed and the existing city boundaries.

(4)

Master Plan. A written report describing the proposed land use and requested zoning of the area to be annexed, including:

General information including gross acreage of annexation, approximate number and type of units, acreage of streets and parking; acreage and percentage of open space to be created (analyzed as to the amount to be deeded or dedicated to the city, the amount to be retained in public ownership and the estimated city maintenance costs), density ratio (acres to be developed with lots and units compared to acres in streets and open space), and a statement of effect upon the school district including estimated number of students generated and capital construction required to serve;

Traffic impacts including projected vehicle trips to enter or depart the site (calculated on a peak and daily basis);

Environmental analyses including soil types and bearing capacities, geologic hazard areas, high groundwater tables, potential erosion problems, flood-prone areas, effects on wildlife and vegetation, aesthetic considerations and wetland designations;

A statement addressing consistency with the city comprehensive plan, the Cortez thoroughfare plan and the street standards for the city;

A copy of any draft or final pre-annexation agreement, if available;

Estimates of the current and projected population, assessed property value and the costs of providing public services such as fire protection, police protection, trash removal, and street maintenance;

The names(s) of special district(s) providing services that would be affected by the annexation. If the unincorporated area to be annexed is part of a special district or county service area whose responsibilities are to be assumed by the municipality, a statement shall be required indicating what steps will be taken to ensure a smooth transition in service delivery;

A statement and timetable of how the applicant will develop and finance the extension and under-grounding, where necessary, of utilities and services including, but not limited to, water and sewer, electricity, gas, cable television, and telephone;

A statement and description of what land areas are to be dedicated for public use, or what equivalent benefit in money will be paid, and what other types of public benefit will be provided within a contracted period of time, specifically addressing affordable housing, park lands and facilities, school sites, and conveyance of water rights;

A statement of how the extension of municipal services, other than utilities, will be financed.

(5)

Annexation Impact Report. The city shall prepare an annexation impact report for all annexations involving more than 10 acres of land at least 25 days prior to the date of the hearing held in accordance with the requirements of subsection (f) of this section, and shall file one (1) copy with the board of county commissioners within five (5) days thereafter. Such report shall include the following:

A map or maps of the municipality and adjacent territory to show the following information:

The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;

The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and

The existing and proposed land use pattern in the areas to be annexed;

A copy of any draft or final preannexation agreement, if available;

A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation;

A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;

A statement identifying existing districts within the area to be annexed; and

A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

(6)

Filing Fee. A filing fee shall be submitted to cover the cost of review and processing with every petition in accordance with the fee schedule adopted by resolution of the city council.

(d)

Application Review Procedures.

(1)

Date of Filing. The applicant shall file one (1) copy of the annexation application with the county clerk and submit ten (10) copies of the annexation application to the zoning administrator as described in subsection (c) of this section thirty (30) days prior to the planning commission meeting at which consideration is desired. The annexation application shall be considered officially filed after application review fees which are established by resolution of the city council have been paid and after the application is examined and found to be in compliance with the general provisions of these regulations by the zoning administrator.

(2)

Proof of Taxes Paid. Before an application is presented to the city council for final approval, the party requesting the annexation shall obtain tax certificates showing all taxes then due have been paid on the property to be annexed.

(3)

Distribution of Annexation Application. The zoning administrator shall distribute the annexation application immediately upon receipt to the following:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Parks and recreations department (one copy);

Cortez city clerk (one copy - for the public record).

(4)

Comments—Written Report. At least ten (10) days prior to the meeting of the planning commission, at which the annexation application is to be considered, each agency listed above shall submit their written recommendations concerning the plat in question to the zoning administrator. The recommendations shall be given to the planning commission with the annexation petition for their consideration. A written report shall be prepared by the zoning administrator and submitted to the planning commission at the next regular meeting. Such report should include comments relative to the proposed annexation's compliance to these regulations, the comprehensive plan or other master plans such as utility plans. The report may include comments from other municipal departments, county, or state agencies concerned with urban development.

(e)

Review by Planning Commission.

(1)

Public Hearing Required. The commission shall hold a public hearing on an annexation application prior to making its recommendation to the city council.

(2)

Notification Requirements of Commission Hearing. When a hearing is to be held on annexation of property, notification shall be made as follows:

The city clerk shall mail the written notice of public hearing before the planning commission on the proposed amendment or change to all owners of real property lying within one hundred (100) 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.

(3)

Items for Consideration by Commission. The planning commission shall, in its action on the annexation application, consider the annexation review standards of subsection below.

(4)

Action Within 30 Days. Following review of the annexation application and other materials submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the planning commission shall, within thirty (30) days, act thereon as submitted or modified, and if approved the planning commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.

(5)

Notation of Action. The action of the planning commission and any conditions of approval or reasons for disapproval shall be noted in a resolution. One (1) copy of the resolution shall be returned to the applicant and the other retained in the records of the planning commission.

(f)

Review by City Council.

(1)

Public Hearing Required. The city council shall hold a public hearing on a preliminary annexation application prior to making its final decision on an annexation application.

(2)

Notification Requirements of City Council Hearing. When a hearing is to be held on an annexation of property, the city clerk shall cause to be published a notice that on an assigned date and at the assigned time and place, the city council shall hold a public hearing upon the annexation petition, recommendation of the planning commission, and consideration of any ordinances annexing, zoning, and subdividing the area proposed to be annexed. Such notice shall incorporate the petition, exclusive of signatures.

The city clerk shall publish the notice and petition once a week for four (4) successive weeks in a newspaper of general circulation in the city. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. The proof of publication of the notice and petition shall be returned when the publication is completed and evidenced by the certificate of the owner, editor, or manager of the newspaper in which the notice is published.

The city clerk shall mail a copy of the notice and petition shall also be mailed to the board of county commissioners and to the county attorney of the county wherein the territory presently is located at least twenty (20) days prior to the date fixed for the hearing.

The city clerk shall mail written notice of public hearing before the city council to all owners of real property lying within one hundred (100) 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.

The final annexation hearing shall be initiated not less than thirty days (30) nor more than sixty (60) days after review and recommendation by the planning commission.

(3)

Items for Consideration by City Council. The city council shall, in its action on the annexation application, consider the annexation review standards of subsection (g) of this section.

(4)

Action Within 30 Days. Following review of the annexation application and other materials submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the city council shall, within thirty (30) days, act thereon as submitted or modified, and if approved the city council shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.

(5)

Action by City Council. The city council shall approve or disapprove the annexation application either with or without special provisions.

(6)

Notation of Action. The action of the city council and any conditions of approval or reasons for disapproval shall be noted in a resolution. One (1) copy of the resolution shall be returned to the applicant and the other retained in the records of the city council.

(g)

Annexation Review Standards. The planning commission and the city council shall find that the following criteria have been met before finally recommending approval or approving an annexation request:

(1)

Use. That the master plan for the use of the area to be annexed is consistent with the adopted land use plan for the city, in harmony with the intent of city zoning and policies of the city, and compatible with adjacent neighborhoods;

Upon annexation, lots that have less than the minimum area required by the respective zone districts that implement the comprehensive plan and would be nonconforming shall be subject to the provisions of Section 1.08(b) of this code.

(2)

Open Space. That the open spaces have a workable program established for maintenance and up-keep;

(3)

Necessary. That the proposed annexation is necessary or desirable and will contribute to the general well being of the community;

(4)

Health, Safety and General Welfare. That the proposed annexation will in no way be detrimental to the health, safety, or general welfare of persons residing within the corporate boundaries or injurious to property or improvements in the vicinity;

(5)

Logical Road System. That the area has incorporated in its design, if a design has been developed, a logical extension of roads;

(6)

Utilities and Roads. That the extension of services is feasible and will be financed totally by the applicant; and that the applicant will post performance guarantees to assure the completion of public improvements;

(7)

Water Rights. That all water rights associated with land areas proposed for annexation shall be dedicated to the city;

(8)

Revenues. That the revenue and/or public benefit to be gained from the city's portion of increased tax base is equal to or greater than the cost of services required;

(9)

Public Lands Dedication. At least five percent (5%) of the gross land area approved for annexation shall be dedicated to the city in fee simple, or other equivalent consideration pursuant to Section 4.05 of this code; and

(10)

Costs to the City. That the applicant shall pay all costs incurred by the city for reviewing annexation proposals, including fees charged by consultants and specialists needed to address important issues.

6.14 - Site plans.

(a)

Purpose. Site plans are reviewed to ensure compliance with federal, state and local laws, rules, and regulations that govern property development and construction. The purpose of the site plan review process is to protect the public health, safety and welfare; to promote balanced growth; to ensure adequate provision of public services and facilities; and to guide the character of development of the city. Site plans are to be prepared and signed by an engineer or architect licensed in the state of Colorado. Approval of a site plan shall be required for all development in the CBD, central business district; C, commercial highway; I, industrial; NB, neighborhood business; and/or the PUD, planned unit development zone districts, Section 3.16 of this code, unless expressly exempted. The approval of a site plan shall also constitute the approval of a site-specific development plan pursuant to Section 1.11 of this code.

(b)

Preliminary Site Plan. For the purpose of assisting the city in assessing the impacts of rezoning and all commercial and large multi-family developments (four (4) or more units) a preliminary site plan shall be submitted for the planning and zoning commission's consideration. Such site plan may contain any or all of the site plan requirements and must be drawn to scale, submitted in adequate quantity and titled "Preliminary Site Plan." The approval of a preliminary site plan will not imply approval of all elements of a site plan. It is unlawful to issue a building permit on a preliminary site plan. Such preliminary site plan shall not constitute a site-specific development plan and the developer shall not rely upon such review, approval, or conditional approval as a vesting of property rights.

(c)

General Requirements.

(1)

Site development regulations shall apply to all new buildings or structures or additions thereto or major alterations of buildings approved as part of a previous site plan submittal within the city to which at least one (1) of the following applies:

All uses located within the following zone districts:

CBD	Central business district
I	Industrial
C	Commercial highway
NB	Neighborhood business

All uses allowed in the PD, planned development zone district with the exception of those uses relating to single-family detached development.

Uses which are located or to be located within any other zone district which are specifically made subject to this section by the city council.

Uses which are located or to be located on property within any other zone district, and the owner or developer of the property requests an application of these site plan requirements, subject to this section.

(2)

A site plan review may be required for a change in use or expansion of an existing site when any of the following occurs:

The proposal involves new construction.

The proposal involves the expansion of a building or intensification of use that would result in a change in traffic volume or patterns in the area, noise, parking, lighting, etc.

The proposal involves deviations or variances from the applicable development standards.

(3)

No site plan will be approved prior to the platting of the subject property. A final plat or minor development plat may be submitted simultaneously with the proposed site plan upon approval of the zoning administrator. In such cases, approval of the site plan application may be made conditional upon the final approval of the subdivision plat by city council.

(4)

No building permit for any use described in subsection (a) of this section shall be issued for the construction of any new building, structure or improvement to the site or any addition or alteration to the structure or site, without first obtaining the approval of a site plan for the proposed use.

(5)

No over lot grading, drainage work, parking lot construction or other site improvements will be allowed, unless specifically provided for by the city council, without first obtaining approval of a site plan for the proposed use.

(6)

No certificate of occupancy will be issued until all improvements approved as part of the site plan have been completed.

(7)

The site development standards outlined by this section apply throughout the zone districts and uses outlined in subsection (a) of this section. These standards are in addition to any other development or design standard that may otherwise be applicable to a particular property or specific area within the city. In the case of any perceived conflict among applicable development standards, the more restrictive standard will apply.

(8)

Each site plan shall show how rooftop mechanical structures will be fully screened, either separately or by a parapet height to a point level with the tops of such structures.

(9)

The city may require public improvements to be constructed as a condition of site plan approval. Any such improvements shall be reasonably related to the proposed use and may include, but not be limited to, street widening, accel/decel lanes, access control devices, traffic signals, water and sewer lines, pedestrian/bicycle trails or other related improvements.

(d)

Application Requirements. Prior to the issuance of any building permit for any development for which a site plan is required, there shall be submitted to the planning commission for its approval, twenty (20) copies of the site plan drawn to a scale not less than 1″ = 50′, submitted folded to 9″ × 12″ and titled "Preliminary Site Plan." An application provided by the zoning administrator with the appropriate fees shall accompany the site plan drawing. Applicants that submit amendments to approved site plans shall be required to submit properly prepared site plan drawings, elevations, or landscape plans that clearly depicts the proposed amendments. The site plan scale drawing shall contain, but not be limited to, the following, together with any other requirements of this code.

(1)

Drives, streets, and rights-of-way;

(2)

Easements;

(3)

Location and dimensions of structures and signs;

(4)

Dimension sketch of building interior;

(5)

Typical elevations of such buildings;

(6)

Access ways, including points of ingress, egress;

(7)

Parking, loading, and refuse areas;

(8)

Common open space;

(9)

Landscaping and open spaces;

(10)

Topography;

(11)

Specific areas proposed for specific types of land use;

(12)

Lots or plots;

(13)

Area proposed for dedication;

(14)

Parks and parkways;

(15)

School sites;

(16)

Wetlands; and

(17)

In addition, a narrative describing the proposed development, lot and block and subdivision description, and name(s), address and phone number of the property owner(s) must be attached to the plat.

(18)

A copy of the warranty deed and title commitment current within thirty (30) days of submittal.

(19)

Five (5) copies of the drainage plan.

(20)

Five (5) copies of the landscape plan.

(21)

Five (5) copies of building elevations of all sides to include rooftop mechanical structures and showing screening of rooftop mechanical devices.

(22)

Surface and subsurface soils report.

(23)

Additional copies may be requested for the referral process.

(24)

Certification of notification of mineral estate owners as described in Section 6.04(b)(19) of this chapter.

(e)

Review Procedures and Requirements for Approval. Failure to provide all required documentation will result in a delayed application. Additional information may be requested after the formal application is received.

(1)

The site plan submittal, narrative, application form and fee and accompanying information shall be submitted to the zoning administrator. The applicant will be issued a receipt acknowledging the date of the submittal package.

(2)

The zoning administrator will review the submittal package and indicate any deficiency found in the application. Once the application is found to be complete, the review procedures shall begin.

(3)

The zoning administrator will have ten (10) working days after the application is found to be complete to review the proposal and make comment on the technical merits of the submittal. This review includes setbacks, building heights, parking and landscape requirements.

(4)

Drainage plans will be forwarded by the zoning administrator to the city engineer and will be reviewed by this office in accordance with the city storm drainage criteria manual. The city engineer shall be in receipt of these plans within the first ten (10) working days of the review procedure.

(5)

After the initial ten (10) working day review, the zoning administrator will contact the applicant, if necessary, to discuss any modifications that may be required. Minor modifications (up to twenty-five percent (25%) of the gross site area) are allowed throughout the entire review process. Major modifications, as recommended by the zoning administrator, may be required to resubmit a new application with the proposed changes.

(6)

After the initial ten (10) working day review, the zoning administrator shall have five (5) working days to prepare a report based upon the findings. This report shall be in the form of a recommendation to the planning commission. This report shall be made available to the applicant upon request, and shall be sent to the members of the planning commission for their review.

(7)

When the application is deemed to be complete, in accordance with Section 2.02 of this code, the zoning administrator shall schedule a public hearing before the planning commission to consider the application and accompanying report during a regularly scheduled meeting. The public hearing shall be the next available date on the planning commission's agenda. The zoning administrator shall cause the required advertising to appear in a newspaper of general circulation at least ten (10) days, but not more than thirty (30) days, prior to the meeting. If the application is referred to the city council, the zoning administrator shall schedule the hearing before the council for the next available regular meeting. The zoning administrator shall cause the required advertising to appear in a newspaper of general circulation at least ten (10) days, but not more than thirty (30) days, prior to the meeting.

(8)

The planning commission shall then consider the application for approval, denial, continuance for additional information or approval subject to specific conditions being met by the applicant and verified by the zoning administrator.

(9)

On tracts of property of one-half (½) acre or less it shall be at the sole discretion of the zoning administrator whether the application should be referred by the planning commission to the city council.

(10)

The applicant in site plan review may appeal to the city council any decisions made by the planning commission. The applicant shall initiate this appeal to the city council in a written report outlining the nature of the appeal request for the next available date on the city council's agenda. The applicant's report shall be submitted no later than ten (10) working days prior to the city council's meeting on the request. The city council, after review of the record created before the planning commission, may approve, approve with conditions, or deny the appeal.

(11)

If and when the application is approved or conditions for approval have been met a building permit may be issued upon the request of the applicant.

(12)

The certificate of occupancy will be issued, provided that:

Landscaping requirements have been met by the applicant.

A final drainage plan is approved by the city engineer.

Parking lots and drainage facilities are in, and are useable.

Sufficient fire flows or protection are present and accepted by the Cortez fire district.

Any other requirements made by the city's building officials, utilities or other agencies are satisfied.

(f)

Action of Commission. The planning commission in its consideration shall use the standards set forth in Chapter 5 of this code and shall include paving and layout of streets, alleys and sidewalks; means of ingress and egress, provisions for drainage, parking spaces, protective screening and open spaces; areas designated for landscaping; and other aspects deemed by the planning commission necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare. If during the course of considering the site plan, the planning and zoning commission is of the opinion that proper approval or disapproval cannot be granted without a detailed design drawing, the planning and zoning commission is authorized to request the applicant to submit detailed design drawings and further authorized to withhold action on the site plan until the submission of acceptable design drawings.

(g)

City Council Review Criteria and Processing. In reviewing a site plan, the city council shall utilize the standards listed in Chapter 5 of this code and those items listed in subsection (f) of this section. The zoning administrator shall cause the required advertising to appear in a newspaper of general circulation at least ten (10) days, but not more than thirty (30) days, prior to the meeting.

(h)

Building Permits in Conformance with Site Plan. It is unlawful to issue a building permit prior to the approval of the site plan by the planning commission. No building permit shall be issued except in conformity with the approved site plan or in accordance with authorized minor changes, including all conditions of approval applied by the planning commission.

(i)

Administrative Approval. Subsequent to approval of a site plan, minor changes may be authorized by the zoning administrator when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development;

(2)

A change in the scale or impact of the existing use;

(3)

An increase in the residential density of the proposed development;

(4)

An increase in the gross floor area of nonresidential uses by more than five percent (5%);

(5)

A reduction in the originally approved separations between buildings;

(6)

An increase in the external effects on adjacent property;

(7)

A reduction in the originally approved setbacks from property lines;

(8)

An increase in the demand for public facilities;

(9)

An increase of more than five percent (5%) or one thousand (1,000) square feet, whichever is less, in ground coverage by structures;

(10)

A reduction in the ratio of off-street parking and loading space to gross floor area in structures;

(11)

A decrease of more than five percent (5%) or one thousand (1,000) feet whichever is less, in the percentage of common open space and/or landscaped area; or

(12)

A change in the subject, size, lighting or orientation of originally approved signs;

The zoning administrator's evaluation shall compare the proposed amendment to the original approval and if any other amendments have been approved since the original approval, shall consider the cumulative impact of all approvals granted. Any such approvals granted administratively shall be compiled in a report to be forwarded to the planning commission.

(j)

Other Changes. Any other changes shall be treated as a new application and shall follow the procedure for and be considered a new site as set forth in subsection (d) of this section.

(Ord. No. 1130, 9-8-2009; Ord. No. 1205 , 3-22-2016)

6.15 - Board of adjustment.

(a)

Creation and Organization. There is created a board known as the board of adjustment, which shall be organized as follows.

(1)

The board of adjustment and appeals shall consist of five (5) members who shall be appointed by the city council. Not more than two (2) members may be current members of the city planning commission. No member of the city council shall serve on the board of adjustment and appeals. The city council shall also appoint two (2) alternate members to the board, designating the alternate members as the first or second alternate. An alternate member shall vote only in the absence of one (1) or more regular members according to his or her priority (i.e., the first alternate shall vote if one (1) regular member is absent and both alternates shall vote in the absence of two (2) regular members of the board). When a regular member resigns, the first alternate member shall automatically be designated as a regular member in replacement and the second alternate member shall automatically be designated as the first alternate.

(2)

Appointments to the board shall be for a period of three (3) years; except when vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as regular appointments but shall serve only until the expiration of the term in which the vacancy occurred.

(3)

The city council shall have the power to remove any member of the board for cause after official public hearing.

(b)

Officers and Procedures.

(1)

Members of the board shall elect from their members a chairman to serve for a term of one (1) year and may adopt such rules as may be necessary for the conduct of its business.

(2)

The chairman shall preside over meetings. In the event a question over procedures arises, Robert's Rules of Order shall apply.

(3)

The recording of the minutes of the board of adjustment meetings shall be the responsibility of the staff.

(4)

The board of adjustment may adopt rules to govern its proceedings and conduct of the business before the board provided, however, that such rules are not inconsistent with this code or statutes of the state of Colorado.

(5)

Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. Such chairman or, in his or her absence, the vice-chairman shall administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. Minutes of its proceedings shall be kept by the staff showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record.

(6)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the city staff, or to decide in favor of the applicant on any matter upon which the board is required to act under this code or to grant any variance authorized by this code.

(7)

The filing fee for every petition to be submitted to the board of adjustment shall be calculated to cover the cost of legal publications, accumulation of data, administrative cost and all other costs incurred by the city in the review and processing of the petition or as provided for in the fee schedule adopted by resolution of the city council.

(8)

In the event any person appealing to the board is dissatisfied with the ultimate decision of the board of adjustment and appeals, the expense of reproducing the record before that board shall be at the expense of the appellant.

(c)

Jurisdiction. The board of adjustment shall have the following powers, and shall have the power to impose reasonable conditions to insure compliance and protect adjacent property:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this code, pursuant to Section 6.16 of this chapter, Appeals.

(2)

To permit variance or modifications of the height of structures, yard, area, and lot coverage, pursuant to Section 6.17 of this chapter, Variances. Except, no variances shall be granted for the construction of a carport in the front yard setback in Section 3.05(b)(4) of this code. The design standards as set forth in Section 3.05(b)(4)g shall be met.

(3)

To grant variances from flood hazard standards. The board shall follow the guidelines set forth in the flood hazard ordinance (Appendix C set out at the end of this code) when considering such variances.

(Ord. 1043 (part), 2005; Ord. 1025, 2004)

6.16 - Appeals.

(a)

Authority of Board. In exercising its powers, the board of adjustment may, in conformity with the provisions of the statutes of the state of Colorado as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and make such order, requirement, decision or determination in the board's opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(b)

Application for Appeal. Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the building official or zoning administrator. Such appeal shall be taken within thirty (30) days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(c)

Filing Fee. A filing fee shall be submitted to cover the cost of review and processing with every appeal in accordance with the fee schedule adopted by resolution of the city council.

(d)

Stay of Proceedings. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by a restraining order that may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(e)

Hearing and Notice. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice as follows:

(1)

The city clerk shall mail the written notice of public hearing before the board of adjustment on the appeal to all owners of real property lying within one hundred (100) feet of the property on which the appeal is made. The notice shall be given not less than ten (10) 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.

(2)

The city clerk shall cause notice of the public hearing of the board of adjustment to be given by one (1) publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than ten (10) days from the date of publication.

(f)

Appeals to Court. Every decision of the board shall be subject to review by certiorari, as provided by Rule 106(a)(4) Colorado Rules of Civil Procedure. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the municipality. Such appeal shall be taken within such time as provided by the Colorado Rules of Civil Procedure. A notice of appeal, in writing, specifying the grounds for such an appeal, shall also be filed with the board within thirty (30) days of the final written decision of the board.

( Ord. No. 1205 , 3-22-2016)

6.17 - Variances.

(a)

Authority. The board of adjustment shall be authorized to permit such variance or modifications of the height, yard, area, and lot coverage as may be necessary to secure appropriate development of a parcel of land that differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

(1)

City Council Approval of Variances. In conjunction with the review of subdivision applications, the city council shall be authorized to grant variances subject to the requirements of this section.

(b)

Submittal Requirements. The applicant shall file three (3) copies of an application requesting a variance. The application shall be accompanied by or show the following:

(1)

The street address and legal description of the property affected;

(2)

A site plan and any and all other information necessary to clearly demonstrate eligibility for the requested variance based upon the required findings in subsection 6.17(c), below; and

(3)

A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(c)

Required Findings. In exercising its power to grant a variance in accordance with this code, the board of adjustment shall make finding and show in its minutes that:

(1)

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and zone district;

(2)

That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under this code, by other properties in the vicinity and zone, but which rights are denied to the subject property;

(3)

That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the city;

(4)

That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity;

(5)

That such unnecessary hardship has not been created by the applicant; and

(6)

That the proposed use is a permitted use in the underlying zone district.

(d)

Administrative Adjustments.

(1)

Purpose. Administrative adjustments are intended to provide flexibility with respect to the numerical standards of this code and where development is proposed that would be:

Compatible with surrounded land uses;

Harmonious with the public interest; and

Consistent with the purposes of this code.

(2)

Applicability. Pursuant to the requirements of this section, the city planner may authorize adjustment of up to ten percent (10%) from any numerical standard related to height, bulk, setback, or lot coverage.

(3)

Administrative Adjustment Application Process.

Application Submittal. A complete application for an administrative adjustment shall be submitted to the city planner as set forth in applications, forms and fees, as below:

Property Owner Identification and Endorsement. All applications shall include the names and signatures of the current property owner and agent, as applicable.

Forms and Content.

(A)

Applications required under this code shall be submitted on city-provided forms, with any requested information and attachments, and in such numbers, as required by the city, including any checklists for submittals.

(B)

City staff shall provide a specific list of minimum submittal requirements for each application type. All applications shall meet the minimum submittal requirements and include sufficient information to demonstrate compliance with all applicable standards of this code.

(C)

Should additional information be necessary to clarify or facilitate the review of an application, the city planner may request any other pertinent information required to ensure compliance with this code.

Fees.

(A)

Filing fees shall be established from time to time by the city council through resolution.

(B)

All required fees shall be made payable to the "City of Cortez."

(C)

Applicants who pay the appropriate application fee for the submission of an application and subsequently choose to withdraw such application prior to the city expending time in review shall be entitled to a refund of fifty percent (50%) of the total amount paid upon written request.

(4)

Public Notification. Upon receipt of a complete application, public notices, at a minimum, shall be mailed to adjacent property owners within one-hundred (100) feet. City planner discretion for additional notice may be warranted. Additional notice may also be provided to parties having specific interest in the matter in accordance with the provisions of additional notice, as below:

The city clerk shall cause written notice of the request for an administrative adjustment to be mailed to all owners of real property lying within one hundred (100) feet of the property on which the adjustment is requested. The notice shall be mailed not less than ten (10) days before the date set for review of the request 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.

The city planner may require, at his discretion, applicants not otherwise required by state statutes or code requirements to post or mail notices, and/or to attend area meetings with surrounding residents when deemed warranted.

The costs of all notices and advertising shall be borne by the applicant.

(5)

City Planner Action. The city planner shall approve, approve with conditions, or deny the application and may confer with the city manager or other city officials prior to issuing a statement of determination. A written notification of the decision shall be mailed, or otherwise provided, to the applicant.

(6)

Written Decision. The decision to approve or approve with conditions, or deny shall be communicated in writing to the applicant within fifteen (15) days from the decision.

(7)

Administrative Adjustment Criteria. To approve an application for an administrative adjustment, the city planner shall consider the following criteria:

Granting the adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards;

Granting the adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks, and other land use considerations;

Granting the adjustment will be generally consistent with the purposes and intent of this code; and

Granting the adjustment will be based on the physical constraints and land use specifics, rather than on economic hardship of the applicant.

(8)

Referral to the Board of Adjustment. In the event that the city planner denies the administrative adjustment, the applicant may seek a variance from the board of adjustment in accordance with the provisions set forth in Sections 6.15, Board of adjustment, 6.16, Appeals, and 6.17, Variances, of this chapter.

(Ord. 1028, 2004)

( Ord. No. 1205 , 3-22-2016)

6.18 - Special exceptions.

(a)

The planning commission shall have the power to hear and decide the following special exceptions to the terms of this code. In granting any special exception, the planning commission may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this code.

(1)

Reconstruction of Nonconforming Uses. The planning commission shall be authorized to permit the reconstruction of a building occupied by a nonconforming use on the lot or tract occupied by such building or the reconstruction of a structure destroyed by fire or the elements not to exceed fifty percent (50%) of its reasonable value and the addition of off-street parking or off-street loading to a nonconforming use.

(2)

Repair of Nonconforming Uses. The planning commission shall be authorized to permit the repair to a building that has been officially declared unsafe to restore it to a safe condition provided no structural alterations are made except as are required by law or ordinance or authorized by the planning commission.

(3)

Discontinuance of Nonconforming Use. The planning commission shall be authorized to require the discontinuance of nonconforming uses of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this code. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property.

(4)

Status of Nonconforming Uses. The planning commission shall, from time to time, on its own motion or upon cause presented by interested property owners or on request of the city council inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(b)

The planning commission shall have the power to hear and decide special exceptions to the height of fences, the number of required off-street parking spaces and the sizes and locations of signs where all of the following conditions in so far as applicable are met:

(1)

That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other conditions peculiar to the affected property;

(2)

That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;

(3)

That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this code;

(4)

That such unnecessary hardship has not been created by the applicant;

(5)

That the exception, if granted, is a minimum exception that will afford relief and is the least modification possible of the provisions of this code which are in question; and

(6)

That the exception, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.

6.19 - Historic preservation.

(a)

Purpose. The purpose of this section is to enhance our community's local resources and to promote the public interest in historic preservation through:

(1)

The protection and preservation of the city's architectural, historic and cultural heritage, as embodied in designated historic structures, sites and districts, by appropriate regulations and incentives;

(2)

The establishment of a city register listing designated structures, sites and districts; and

(3)

The provision of educational opportunities to increase public appreciation of Cortez's unique heritage.

(b)

Board Established. The city council creates an historic preservation board, referred to in this section as the "board," which shall have principal responsibility for matters of historic preservation.

(1)

Membership. The board shall consist of seven (7) members, which shall be made up from representatives from Montezuma County Historical Society, Cortez Cultural Center, planning and zoning, and the chamber of commerce, as well as three (3) at large positions. There shall be no requirement that the three (3) at large positions be property owners within the city of Cortez, nor shall there be any requirement that the three at large members be residents of the city of Cortez. Specific membership guidelines are that at least forty (40) percent of commission members shall be professionals in preservation-related disciplines, such as architecture, landscape architecture, architectural history, archaeology, history, planning, American studies, American civilization, cultural geography, or cultural anthropology. .

(2)

Appointments and Terms of Office. Members of the board shall be appointed by the city council and shall serve three (3) year staggered terms from the date of their appointment.

Members may continue to serve until their successors have been appointed. Appointments to fill the vacancies on the board shall be made by the city council. All members of the board shall serve without compensation except for such amounts determined appropriate, in advance, by the city council to offset expenses incurred in the performance of their duties. Members of the board may be removed by the city council without cause being stated.

Until such time that the members of the board are appointed, city council shall act as the board.

(3)

Quorum and Voting. A quorum for the board shall consist of three (3) members. A quorum is necessary for the board to conduct business, including holding a public hearing. A roll call vote shall be taken upon the request of any member. A tie vote shall be deemed a denial of the motion or recommended action.

(4)

Officers. The board shall, by majority vote, elect one (1) of its members to serve as chairperson to preside over the board's meetings and one (1) member to serve as the vice-chairperson. The members so designated shall serve in these capacities for terms of one (1) year.

(5)

Meetings. The board shall establish a regular meeting schedule. Minutes shall be kept of all board proceedings. The board shall conduct its business in accordance with the Public Meetings Acts, Public Records Act and other laws applicable to local public bodies.

(6)

Powers and Duties. The board shall after solicitation of public comment and at a properly noticed public meeting:

Recommend eligibility criteria for the review and designation of historic resources and for review of proposals to alter designated resources.

Recommend to city council the establishment of construction and design standards which would apply to new construction within designated historic districts as well as to the renovation or alteration of designated historic structures. Prior to the adoption of any such standards, the board shall forward said standards to the planning commission for a courtesy review, prior to final review by city council.

Review and determine qualifications of properties nominated for designation as either an historic structure, site or district and recommend that city council designate by ordinance those properties qualifying for such designation.

Review and make recommendations on any application for alterations to a designated historic structure, landmark, site or district.

Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the city register, the state register and the National Register of Historic Places.

Develop and assist in public education programs including, but not limited to, walking tours, brochures, and a marker program for historic properties, lectures, exhibits and conferences.

Conduct surveys of historic sites, properties, and areas for the purpose of defining those of historic significance, and prioritizing the importance of identified historic areas.

The board may create a list of structures of historical or archaeological merit, which have not been designated.

Advise the city council on matters related to preserving the historic character and substance of the city and recommend easements, covenants, licenses and other methods which would implement the completion of purposes of this code.

Actively pursue financial assistance for preservation-related programs.

The board shall propose to the city council by laws, as the board deems necessary.

(c)

City Registry Established. The city council establishes the city register of historic sites; structures or districts may be listed on the register only if the site, structure or district has been designated by the city council following recommendation by the board. All properties listed on the national or state register are eligible for the city register but are not designated until approval, pursuant to this section, is obtained.

(d)

Designation of Historic Structures, Sites and Districts. Pursuant of the procedures set forth in this section, the city council may, by resolution:

(1)

Designate as historic an individual structure, site or other feature or an integrated group of structures and features on a single lot or site having a special historical or architectural value; or

(2)

Designate as an historic district an area containing a number of structures or sites having a special historical or architectural value.

(3)

Each such designation shall include a description of the characteristics of the structure, site or historic district which justify its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the historic structure, site or district. The property included in any such designation shall be subject to the provisions set forth in this section.

(4)

No individual structure or site will be designated without the consent of all owners of record and the provisions of this section.

(5)

The purpose and effect of designation is:

To assist local groups interested in preservation of physical structures, sites or districts, and to recognize locally significant structures, sites or districts;

To provide a mechanism to educate the public on local history, development of the community, architectural styles, and housing and business development;

To enable the owners of the property in the city to take advantage of historic preservation programs and opportunities; and

To make all properties listed on the city registry eligible for such incentive programs as may be developed.

(e)

Procedures for Designating Historic Structures, Sites and Districts for Preservation. A nomination for designation listing in the city register may be made by the board or by any citizen by filing an application with the department of planning and building. Where nominated by the historic preservation board the department and at least one (1) member of the historic preservation board shall contact the owner or owners of such historic resources or historic district, either in person or in writing, outlining the reasons and effects of designation as a historic resource and, if possible, shall secure the consent of the owner or owners to such designation before the nomination is accepted as complete for review. The applicant shall pay all public notice expenses, recording fees and any other fees established by resolution of the city council.

(1)

Board Review.

Once it has been determined that the application for historical designation is complete, and the requirement for public hearing has been met, the city planner shall forward the request to the board of historic preservation to be placed on the agenda for the next regularly-scheduled meeting. The hearing on the requested designation will occur not more than ninety (90) days from the date of determination that the application is complete.

The board shall review the application for conformance with the established criteria for designation and with the purposes of this section.

Within ten (10) days after the conclusion of the public meeting, but in no event more than thirty (30) days after the meeting, unless mutually agreed by the board, the applicant and the owner or owners other than the applicant, the board shall recommend either approval, modification and approval or disapproval of the application. The board may recommend approval conditional upon the execution of certain easements, covenants, or licenses.

If the board approves an application, the board shall forward the application with a copy of its report and findings of approval to city council, including any requirements as to easements, covenants, or licenses that must be met by the property owner to receive and/or maintain the designation. The board shall also notify city council within thirty (30) days of any decision disapproving a designation.

(2)

City Council Review.

The city council shall hold a public hearing to consider adopting by ordinance those properties qualifying for historic designation no more than thirty (30) days after receipt of the board's recommendation.

The city council shall review the application for conformance with the established criteria for designation and with the purpose of this section.

(3)

Owner Notification. When a structure, site or historic district has been designated as provided herein, the department of planning and building shall promptly notify the record owners of the property, according to the county Assessor's records or other available information, and record the designation with the county clerk and recorder.

(4)

Limitation on Resubmission and Reconsideration of Proposed Designation. Whenever the historic preservation board or the city council disapproves a proposed designation, no person shall submit an application that is the same or substantially the same for at least one (1) year from the effective date of the final action on the denied application.

(f)

Criteria for Designation. The board and city council will consider the following criteria in reviewing nominations of properties for designation.

(1)

Structures. Structures must be at least fifty (50) years old and meet one (1) or more of the following criteria for architectural, cultural or geographic/environmental significance. A structure can be exempted from the age standard if the council finds it to be exceptionally important in other criteria.

(2)

Architectural, Cultural or Geographic/ Environmental Criteria. Historic structures or sites shall meet one (1) or more of the following criteria in order to be considered for designation.

Architectural:

Exemplifies specific elements of an architectural style or period;

Is an example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally or locally;

Demonstrates superior craftsmanship or high artistic value;

Represents an innovation in construction, materials or design;

Represents a built environment of a group of people in an era of history;

Exhibits a pattern or grouping of elements representing at least one (1) of the above criteria;

Is a significant historic remodel.

Cultural:

Is a site that of historic event that had an effect upon society;

Exemplifies cultural, political, economic or ethnic heritage of the city; or

Is associated with a notable person or the work of a notable person.

Geographic/Environmental:

Enhances the sense of identity of the city; or

Is an established and familiar natural setting or visual feature of the city.

(3)

Prehistoric and Historic Archaeological Structures or Sites. Prehistoric and historic archaeological structures or sites shall meet one (1) or more of the following:

Architectural:

Exhibits distinctive characteristics of a type, period or manner of construction; or

Is a unique example of structure.

Cultural:

Has the potential to make an important contribution to the knowledge of the area's history or prehistory;

Is associated with an important event in the area's development;

Is associated with a notable person(s) or the work of a notable person(s);

Is a typical example or is associated with a particular ethnic or other community group; or

Is a unique example of an event in local history.

Geographic/Environmental:

Is geographically or regionally important.

(4)

General Criteria. Each property will also be evaluated based on physical integrity using the following criteria (a property need not meet all the following criteria):

Shows character, interest or value as part of the development, heritage or cultural characteristics of the community, region, state or nation;

Retains original design features, materials and/or character;

Is in the original location or same historic context if it has been moved;

Has been accurately reconstructed or restored.

(g)

Historic Districts.

(1)

For the purposes of this section, a district is a geographically definable area including a concentration, linkage or continuity of sites, buildings, structures and/or objects. A district is related by a pattern of either physical elements or social activities.

(2)

Significance is determined by applying criteria to the pattern(s) and unifying element(s).

(3)

Nominations will not be approved unless the application contains written approval from owners of at least seventy (70) percent of the properties within the district boundaries.

(4)

Properties that do not contribute to the significance of the historic district may be included within the boundaries as long as the noncontributing elements do not noticeably detract from the district's sense of time, place and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, and/or information potential.

(5)

District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey.

(6)

When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation.

(7)

In addition to meeting at least one (1) of the criteria outlined in subsection (g)(8) of this section, the designated contributing sites and structures within the district must be at least fifty (50) years old. The district could be exempt from the age standard if the resources are found to be exceptionally important in other significant criteria.

(8)

Historic districts shall meet one (1) or more of the following:

Architectural:

Exemplifies specific elements of an architectural style or period;

Is an example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally or locally;

Demonstrates superior craftsmanship or high artistic value;

Represents an innovation in construction, materials or design;

Represents a built environment of a group of people in an era of history;

Exhibits a pattern or grouping of elements representing at least one of the above criteria; or

Is a significant historic remodel.

Cultural:

Is the site of an historic event that had an effect on society;

Exemplifies cultural, political, economic or social heritage of the community; or

Is associated with a notable person(s) or the work of a notable person(s).

Geographic/Environmental:

Enhances sense of identity of the community; or

Is an established and familiar natural setting or visual feature of the community.

Archaeology/Subsurface:

Has the potential to make an important contribution to the area's history or prehistory;

Is associated with an important event in the area's development;

Is associated with a notable person(s) or the work of a notable person(s);

Has distinctive characteristics of a type, period or manner of construction;

Is of geographical importance.

(h)

Review of Alterations. Before making any alterations to the exterior of structures or resources designated as historic, the owner of such building/structure or other historic resource shall submit an application to the board describing the project, including any plans or specifications. The board shall determine if the alteration is compatible with the designation. Property owners making alterations or constructing new buildings adjacent to registered building, landmarks, or districts are requested to consult with the board prior to beginning construction. For this section, the term "alteration" shall mean any proposed modification to a designated historic site, structure or district, which could have an affect on the character of the historic resources relative to the criteria by which it was designated. Examples of alterations for structures may include additions, any exterior modifications, including signage to be affixed to the facade, and any interior modifications that may affect the characteristics for which the structure was designated. The board shall make its review as per the time line in subsection (e)(1) of this section.

(1)

Criteria to Review Alterations. In reviewing a proposed alteration, the board shall consider the project in terms such as design, finish, material, scale, mass and height. When the subject site is in an historic district, the board must also find that the proposed development is visually compatible with the development on adjacent properties, as well as any guidelines adopted as part of the given historic district designation. For this section, the term "compatible" shall mean consistent with, harmonious with and/or enhances the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures. The board will use the following criteria to determine compatibility of a proposed alteration:

The effect upon the general historical and architectural character of the structure and property;

The architectural style, arrangement, texture and material used on the existing and proposed structures and their relation and compatibility with other structures;

The size of the structure, its setbacks, its site, location and the appropriateness thereof, when compared to existing structure and the site;

The compatibility of accessory structures and fences with the main structure on the site, and with other structures;

The effects of the proposed work in creating, changing, destroying, or otherwise impacting the exterior architectural features of the structure upon which such work is done;

The condition of existing improvements and whether they are a hazard to public health and safety; or

The effects of the proposed work upon the protection, enhancement, perpetuation and use of the property.

The ability to comply with the Secretary of the Interior's Standards for Rehabilitation.

(2)

It is the intent of the alteration review criteria process to encourage work on any of the structures or properties designated as historic to be in keeping with the spirit and intent of this chapter; however, the board shall only have the power to review and make suggestions as appropriate to maintain compliance with the criteria found in Section 6.19(h)(1). Compliance with the review process by the applicant shall be mandatory for any structures or resources designated as historic after the adoption of Ordinance No. 1140, Series 2010. Compliance with the review criteria for structures or resources designated as historic prior to the adoption of said ordinance shall be voluntary. Notwithstanding, any alterations to historic resources that are made which are not in keeping with the review criteria may be subject to revocation of designation.

(i)

Revocation of Designation. If a building or special feature on a designated site has been altered in such a way so as to negate the features necessary to retain designation, the owner may apply to the board for a revocation of the designation or the board shall recommend revocation of the designation to the city council in the absence of the owner's application to do so.

(Ord. 1086, 2007; Ord. 1038, 2005)

(Ord. No. 1140, 5-25-2010)

6.20 - Temporary use permits.

(a)

Permits. Temporary use permits shall be issued by the zoning administration, subject to the following provisions.

(1)

Zoning. The use for which the permit is requested shall be authorized as a temporary use in the district in which the use is to be located.

(2)

Conditions. The applicant shall meet all conditions for such temporary use permit set forth in this code.

(3)

Time Limit. A time limit for the discontinuance of the temporary use shall be specified on the temporary use permit.

6.21 - Sign permits.

(a)

Permits. It is unlawful to erect, construct, reconstruct, alter, paint, or repaint, or change the use of any sign as defined in this section without first obtaining a sign permit; however, a sign permit shall not be required to repaint a sign exactly as it was permitted for the purpose of maintenance.

(1)

A one-time sign permit fee according to the currently adopted city construction codes permit fee schedule shall be charged for each sign.

(2)

In addition, an annual permit fee of ten dollars ($10.00) shall be charged for each billboard.

(b)

Sign Permit Application. Application for a sign permit, where such permit is required by Section 5.06 of this code, Signs, shall be made upon forms provided by the city and shall include the following information:

(1)

A drawing to scale of the proposed sign.

(2)

A drawing to scale of the site plan or building facade showing the proposed location of the sign.

(3)

Name, address and telephone number of the applicant.

(4)

Name, address and telephone number of the owner.

(5)

Name, address and telephone number of the person or firm responsible for the erection of the sign.

(6)

Location of the building, structure or tract to which, or upon which, the sign is to be attached or erected.

6.22 - Zoning development permits.

(a)

Applicability. No building permit may be issued and no person(s) may engage in any development (including grading) within the incorporated area of the city without obtaining a zoning development permit (Appendix A set out at the end of this code). The zoning administrator shall require that every application for a zoning permit be accompanied by two (2) copies of a plan or plat showing the building, structure, or sign in sufficient detail to enable the zoning administrator to ascertain whether the proposed construction, reconstruction or conversion, moving and/or alteration is in conformance with the provisions of the applicable zone district and this code.

(1)

No zoning development permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which all dedication has not been made according to the street plans and standards as adopted from time to time by the city.

(b)

Revocation of Zoning Development Permits. Failure to comply with any condition(s) of approval, as determined by the city council, shall result in inability to obtain any rights granted conditionally thereunder, in accordance with Section 1.11(b)(1) of this code, and city revocation of the development permit upon 30-day notice to the developer and opportunity for hearing and city determination of noncompliance with conditions.

(c)

Denial of Zoning Development Permit. If an application for a zoning development permit is not approved, the zoning administrator shall return the zoning development permit to the applicant with a written statement detailing the reasons for such disapproval.

(d)

Conflict. Any zoning permit or building permit issued in conflict with the provisions of this code shall be null and void, and may not be construed as waiving any provision of this code.

6.23 - Certificates of occupancy.

(a)

Applicability. No building hereafter erected, converted or structurally altered shall be used or occupied and no land or nonresidential building may be changed in use unless or until a certificate of occupancy shall have been issued by the building official of the city stating that the building or proposed use of land or building complies with the provisions of this code and other building and health laws of the city.

(b)

Application. A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued within ten (10) days after the completion of the erection, alteration or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this code.

(c)

Record. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected.

6.24 - Administrative officials.

(a)

Zoning Administrator. There is created an official administrative position known as the zoning administrator. The zoning administrator shall be the city planner and shall be appointed by, directed by, and serve at the pleasure of the city manager, except in such cases as noted in Section 2.02 of this code, Definitions.

(1)

Issue Zoning Development Permits. The zoning administrator shall issue zoning development permits as required by Section 6.22 of this chapter prior to the issuance of any building permit.

(2)

Administer the Land Use Code. The zoning administrator administers the land use code and has those powers and duties expressly assigned to him/her under this code and otherwise delegated or assigned to him/her in accordance with city policy.

(3)

Enforce the Land Use Code. The zoning administrator shall enforce the provisions of this code.

(4)

Interpret the Land Use Code. The zoning administrator shall have the authority to make all interpretations of the land use code and the boundaries of the zoning district map.

(5)

Administer Flood Hazard Ordinance. The zoning administrator administers the flood hazard ordinance (Appendix C set out at the end of this code) and has those powers and duties expressly assigned to him/her therein.

(b)

Building Official. There is created an official administrative position know as the building official. In addition to the jurisdiction, authority and duties which may be conferred on the building official by the currently adopted city construction codes, the building official shall have the following jurisdiction, authority and duties:

(1)

Issue Building Permits. The building official shall issue applicable permits to allow construction activities that have received a zoning development permit pursuant to the procedures in the code and deny building permits for activities that have not received a zoning development permit.

(2)

Interpret and Enforce the Currently Adopted City Construction Codes. The building official shall interpret and enforce the applicable currently adopted city construction codes.

(3)

Enforce the Land Use Code. The building official shall enforce the provisions of this code.

(Ord. 1026 (part), 2004)

6.25 - Vacation of rights-of-way and easements.

Purpose. From time to time and at the city's discretion, it may be prudent or necessary to vacate specific dedicated rights-of-way. This action may be necessary to promote the health and well being of the citizens of Cortez and/or to allow specific necessary development upon those public ways that are deemed unnecessary or obsolete to the traffic pattern or access to properties. This section provides a means to grant flexibility for developers and the city to attain development that may not be conductive to strict street grid development.

(a)

Initiation. Any citizen(s), department(s) of the city, the planning commission, or the city council may request an abandonment of a right-of-way or an easement.

(b)

Application Filing and Processing. The following procedures shall be used for processing an application for vacation of a public right-of-way or easement of record:

(1)

Prior to filing an application, an applicant shall schedule a conference with the zoning administrator, the director of public works, and any other appropriate member of city staff to informally discuss the desired vacation of right-of-way or easement, and to establish the type of information and the number of copies needed to adequately review the application.

(2)

An application, with the required materials as listed in this section, shall be filed with the zoning administrator. Staff shall review the application in accordance with the submittal requirements established in subsection (f) of this section and staff shall solicit review comments from the following agencies, distributed by the zoning administrator:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Cortez city clerk (one copy - for the public record);

Parks and recreations department (one copy).

(3)

At least ten (10) days prior to the meeting of the planning commission, at which the plat is to be considered, each agency listed above shall submit their written recommendations concerning the plat in question to the zoning administrator. The recommendations shall be given to the planning commission with the plat for their consideration. A written report shall be prepared by the zoning administrator and submitted to the planning commission at the next regular meeting. Such report should include comments relative to the proposed vacation to these regulations, the comprehensive plan or other master plans such as utility plans. The report may include comments from other municipal departments, utility providers, the county, or other agencies concerned with urban development.

(c)

Notification Requirements of Public Hearings for Vacation.

(1)

The city clerk shall publish notice of the public hearing in a newspaper of general circulation within the city at least ten (10) 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 (1) public place within the city.

(2)

The city clerk shall mail the written notice of public hearing to all owners of real property lying within three hundred feet (300′) of the property on which the change is requested. The notice shall be given not less than ten (10) 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.

(d)

Planning Commission. The zoning administrator shall present the application to the planning commission within ninety (90) days from the date that the application is filed. Following the public hearing, the planning commission shall consider the testimony and evidence presented at the hearing and evaluate the application in accordance with subsection 6.25(g) of this section and recommend approval or deny the application no later than thirty-five (35) days from the initial date of the hearing, unless the applicant agrees, in writing, to an extension. The recommendation of the planning commission, including the reasons for the action and any conditions of an approval, shall be set forth in the minutes of the meeting. The recommendations of the planning and zoning commission and any conditions for approval shall be memorialized through adoption of a resolution.

(e)

City Council. The city council shall consider the recommendation of the planning commission within forty-five days of the planning commission action. The decision of the city council, including the reasons for the action and any conditions of an approval shall be set forth in the minutes of the meeting. An action of approval by the city council shall be stated in an adopted ordinance. Denial shall be expressed in a resolution and must state the reasons for denial.

(f)

Submittal Requirements. The applicant shall submit to the zoning administrator the following materials. Only complete submittals shall be accepted.

(1)

A completed application (see Appendix D set out at the end of this code) for the right-of-way vacation with required materials (see subsection (f)(2) of this section) and the appropriate fee as adopted by resolution of the city council.

(2)

A vicinity map showing the following:

The location of all adjacent properties and any structures within 150 feet of the boundaries of the proposed vacation.

Zoning and land uses for those adjacent properties.

Locations of all existing utilities in/or adjacent to the proposed vacation.

Existing rights-of-way within a one-quarter mile radius of any right-of-way proposed for vacation.

A survey and map, as may be requested by the city prepared in original form to be recorded at the office of the Montezuma County clerk and recorder. The survey map is to be submitted prior to the second reading by the city council of an approving ordinance.

(3)

Any additional materials necessary to adequately review the application as determined by staff within five working days following the pre-application conference.

(4)

A written statement addressing the reasons for requesting the vacation.

(5)

A letter from any involved utility company stating the company's position on the proposed vacation.

(6)

Names and addresses of all property owners within a radius of three hundred (300) feet of all boundaries of the rights-of-way or easement requested for abandonment.

(g)

Criteria for Review, Recommendation, and Approval. The following criteria shall be used in the evaluation of all applications for the vacation of rights-of-way or easement:

(1)

Must not conflict with adopted policies or plans;

(2)

Shall not create a landlocked parcel of land;

(3)

Shall not restrict the access of any parcel so that access is unreasonable or economically prohibitive; and

(4)

Shall not result in adverse impacts on the health, safety, and/or general welfare of the general community, and reduce the quality of public facilities or services provided to any parcel of land, i.e., fire/police protection, accesses, and/or utility services.

(h)

Recording of Vacation Ordinance. Within ninety (90) days of approval of a vacation by the city council, the city clerk shall cause the ordinance of vacation and an amended plat, two mylar copies furnished by the applicant, showing the adjusted lot lines to be recorded at the office of the county clerk and recorder. The applicant shall bear all costs associated with the recording of the ordinance and plat. If for any reason the final plat and ordinances have not been recorded within ninety (90) days of city council approval, the approving actions shall be deemed void.

( Ord. No. 1205 , 3-22-2016)

6.26 - Encroachment permits.

(a)

General. An encroachment may be permitted by new construction or identified as an inadvertent encroachment by an existing building that was constructed prior to city regulations for setback requirements or inspections. It may also occur when something was unknowingly constructed so as to encroach into a public right-of-way. The permit does not provide for a variance or exemption to any regulations for development that may cause adverse impacts upon surrounding properties. Encroachment permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the encroachment permit is requested.

(b)

Pre-Application Conference. Prior to the filing of an encroachment permit application, the applicant shall meet with the zoning administrator or his/her designated agent to acquaint him/herself with the requirements of the city. At such meeting, the application contents, review process, use and area standards, and the general character of the construction may be discussed. At the pre-application conference, the applicant may be represented by an engineer or surveyor.

(c)

Submittal Requirements. The applicant shall file a petition requesting an encroachment permit and a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The petition shall be accompanied by or show the following information:

(1)

The street address and legal description of the property affected;

(2)

Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; and

(3)

A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(d)

Planning Commission Review Criteria and Processing. In reviewing an encroachment permit, the planning commission shall utilize the criteria listed in Section 6.10(f) of this chapter.

(1)

Hearing Required. The planning commission shall hold a hearing without notice or advertisement on any application for an encroachment permit prior to making its recommendation to the city council.

(e)

City Council Review Criteria and Processing. In reviewing an encroachment permit, the city council shall utilize the criteria listed in Section 6.25(f) of this chapter.

(1)

Hearing Required. The city council shall hold a hearing without notice or advertisement on any application for an encroachment permit prior to taking any final action on the application.

(f)

Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing encroachment permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application. The applicant shall adequately demonstrate that the applicable criteria have been met:

(1)

The proposed encroachment is compatible with adjacent existing uses and construction in the zoning district. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic circulation, parking, or other undesirable or hazardous conditions.

(2)

The proposed encroachment has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site.

(3)

Proposed structures must demonstrate that they are necessary and desirable. Undesirable impacts created by these structures shall be controlled or eliminated.

(4)

Provisions for proper maintenance of the structure, parking and loading areas, drives, lighting, and signs, shall be provided.

(5)

The proposed encroachment shall not prove to be a restriction on safety, city or other business, or impact adjacent businesses and properties. Potential safety hazards, adequate protection of pedestrian traffic and benefits to the downtown area must be assessed during the review process.

(6)

The council must determine whether this proposed awning is in keeping with city policy that has been applied to other encroachment permits for similar applications.

(7)

The encroachment into the right-of-way does not interfere with any city function, or with neighboring residents. There will be sufficient head-room above the sidewalk area as indicated on the submitted drawing and the encroachment is minimal and will not impose a lighting problem for the walking surface.

After considering the public comment relating the criteria listed above in relation to the encroachment permit being requested, the planning commission and the city council shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for an encroachment permit. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council may establish additional conditions of location, arrangement and construction in the issuance of an encroachment permit if deemed to be in the public interest or to assure compliance with other aspects of this code.

(g)

Records. A file containing all documents relevant to the application and disposition of such encroachment permits shall be maintained by the zoning administrator.

6.27 - Reimbursement agreements.

(a)

Definitions. Words defined in this section shall be given the meanings set forth here. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over the meaning of a term not defined here or over the application of a definition set forth here, the zoning administrator shall give a written interpretation in accordance with Section 2.03 of this code.

"Connector" means a party seeking to connect to the city infrastructure and who benefits from the infrastructure constructed by an initial developer that is eligible for the fair share reimbursement procedure established by the city.

"Drainage/storm water infrastructure" means and includes, but is not limited to, storm water collection system pipelines, inlets, box culverts, combination box culvert and pedestrian underpass, regional detention ponds, improved open channel conveyances and other appurtenances designed and constructed by the initial developer which are off site and, in the judgment of the city engineer, are improvements that a connector would have been required to construct at the time of development of connector's property.

"Initial developer" means the party constructing or contracting for construction of infrastructure required by the city to provide service to a development.

"Reimbursement construction cost" means all costs associated directly and solely with the design and construction of the street, water or drainage infrastructure which includes the costs of engineering, surveying, and testing, cost of permits and cash in lieu payments, costs of any rights-of-way (ROW) or easement acquisitions necessary for construction of the street, water or drainage infrastructure, and costs of reasonable and necessary construction change orders. Administrative costs, which will include costs incurred by the initial developer for construction management including bidding, home office overhead, attorney's fees and all other expenses other than those direct expenses identified herein, shall not exceed five percent of the total direct construction costs for the infrastructure, all as detailed in a sworn affidavit from the initial developer.

"Street infrastructure" means and includes, but is not limited to, pavement, sub base, over excavation, backfill, soil stabilization, re-compaction, right-of-way costs, curbs, gutters, medians, landscaping, sidewalks, pedestrian underpasses, combination pedestrian underpass and box culvert, traffic signals, street lighting, bus pads, deceleration lanes, and other appurtenances as determined by the city engineer, which are designed and constructed by the initial developer in accordance with the city's most current infrastructure master plans and the City of Cortez Construction Design Standards, as amended from time to time, and which are adjacent to the property that would derive benefit from use of or connection to the street infrastructure upon development of the property.

"Water infrastructure" means and includes, but is not limited to, water transmission and distribution lines, all other water lines and related appurtenances, and pressure reducing valves and booster pump stations which are sized to a capacity which the city engineer determines is in excess of that required by the initial developer. Notwithstanding the above, the cost of constructing a booster pump station shall not be eligible for reimbursement when the city engineer requires that a booster pump station be constructed to a capacity which is the minimum required by the Standards and Specifications for the City of Cortez Construction Design Standards, as amended from time to time.

(b)

Reimbursement Agreement. Public improvement infrastructure construction costs or portions thereof may be recovered by the initial developer. Upon approval of construction drawings by the city engineer, the initial developer of any property who constructs drainage, street or water infrastructure may file with the city engineer an application for a reimbursement agreement. The complete application, or portions thereof, may be submitted; however, incomplete applications, as determined at the sole discretion of the city engineer, will not be reviewed or acted upon by the city. In order for the city to approve estimated reimbursement payments prior to the final execution of a reimbursement agreement, the initial developer shall submit fair share construction costs. Upon submission of these items, provided they are acceptable to the city as described herein, the city will require connectors to pay estimated reimbursement amounts. Notwithstanding the foregoing, the application for reimbursement agreement shall not be considered complete until all application requirements are submitted. Once the submitted application is determined complete and acceptable to the city, the city will provide the initial developer with a reimbursement agreement; however, the reimbursement agreement shall not be executed until after the time to file a request for a public hearing has expired and any public hearings which were requested are resolved.

Reimbursable Costs. The initial developer shall be reimbursed by connectors for infrastructure construction cost, on the following basis:

Water infrastructure constructed by the initial developer shall be eligible for reimbursement by connectors based on the ratio of the connector's linear front footage to the total linear footage of the infrastructure. If the connector's property is fronting or contiguous on only one side of the infrastructure, the connector shall pay 50 percent of the construction cost for that front footage. If the connector's property is fronting or contiguous on both sides of the infrastructure, the connector shall pay 100 percent of the construction cost for that front footage. In the event that a connector desires to connect to water infrastructure that is not contiguous or front water infrastructure constructed by the initial developer and it is determined by the city engineer that the subdivision plat for the initial developer will require less capacity than projected in the initial developer's reimbursement agreement, then the construction cost to be reimbursed, shall be adjusted based on the projected capacity required by the connector's subdivision plat and not based on the initial developer's projected capacity. The reimbursement amounts for the remaining properties not yet connected will not be changed from the amounts shown in the reimbursement agreement as a result of this event.

Drainage infrastructure constructed by the initial developer shall be eligible for reimbursement by connectors. The reimbursable cost will be attributed entirely to the property in which the infrastructure eligible for reimbursement is situated. In the event the infrastructure is situated on more than one property, the cost shall be prorated between the properties as determined by the city engineer.

Street infrastructure constructed by the initial developer per the Master Thoroughfare Plan in the City Limits to full width and in accordance with the City of Cortez Construction Design Standards, as amended from time to time, shall be eligible for reimbursement by connectors based on the ratio of the connector's linear front footage to the total linear footage of the infrastructure. If the connector's property is fronting or contiguous on only one side of the infrastructure, the connector shall reimburse 50 percent of the construction cost for that front footage. If the connector's property is fronting or contiguous on both sides of the infrastructure, the connector shall reimburse 100 percent of the construction cost for that front footage.

No property will be permitted to connect to infrastructure constructed pursuant to this section or to any other part of the city's infrastructure until the obligations associated with such property under any reimbursement agreements have been paid in full. No service without payment of reimbursement amounts.

Connector shall pay the entire reimbursement amount applicable to the entire property which is subject to a reimbursement agreement regardless of whether the property is subdivided. Payment shall be made upon execution of the developer's agreement or at time of connection, whichever occurs sooner. However, if prior to payment of the reimbursement amount, the property owner has subdivided the property and sold a portion or portions to other owners, the connector shall be required to pay only their pro rata reimbursement amount for their entire remaining property as determined by the city engineer. Notwithstanding the foregoing, payment by individual residential lots is not allowed unless the individual lot existed and was occupied but not connected to the infrastructure at the time the reimbursement agreement was executed. Refunds or credits of reimbursement amounts will not be made as a result of reducing the number of lots in a subdivision plat.

Time Limitation, Interest, and Depreciation. There shall be no reimbursement payments on or after the expiration of fifteen (15) years from the date of initial acceptance of the water, wastewater, drainage or street infrastructure eligible for reimbursement. Connectors shall similarly have no obligation to make reimbursement payments on or after the expiration of said periods. Interest and depreciation shall be applied in the following manner. A set interest rate of 3% appreciation per year shall be allowed for each year 1 through 10 to account for inflation, and a depreciation of 3% per year shall be applied for each year 11 through 15.

The city specifically will not guarantee payment of any portion of the reimbursable amount. Nothing shall be deemed or construed to be a pledge of the city's faith and credit in facilitating the equitable apportionment of the construction cost of the infrastructure. It shall be the initial developers obligation to be aware of the city's publicly conducted development approval process, and to timely apply for a reimbursement agreement. Notwithstanding the above, the initial developer acknowledges that in the event he does not submit a complete and correct application for reimbursement agreement within 120 days of initial acceptance of the infrastructure or within 120 days of the adoption of this section, whichever is later, he will be forever barred from making such application and shall not be eligible for reimbursement.

Appeals. To hear and decide appeals where it is alleged there is error in any order, decision or requirement made in the enforcement of this section shall be pursuant to Section 6.16 of this chapter, Appeals.

(Ord. 1117 (part), 2008)

Cortez City Zoning Code

CHAPTER 6

ADMINISTRATION AND PROCEDURES

Sections:

6.01 - Planning and zoning commission.

(a)

Planning and Zoning Commission Created. The City of Cortez Code, Article II creates an advisory board known as the planning and zoning commission ("planning commission" or "commission").

(b)

Organization. The City of Cortez Code, Article II describes the organization, of the planning commission.

(1)

(2)

(3)

Commission members may be removed from office prior to the expiration of the appointed term for cause.

(c)

(1)

The chairman shall preside over meetings. In the event a question over procedures arises, Robert's Rules of Order shall prevail.

(2)

The commission shall create and fill other offices, as it deems necessary.

(3)

The recording of minutes of all commission meetings shall be the responsibility of the city clerk.

(4)

(5)

The commission shall establish rules and procedures that govern its operation.

(6)

(d)

Powers and Duties. The planning commission shall have the following powers and duties:

(1)

(2)

To hear, recommend or determine any matter relating to zoning, planning or subdivision control as they may be specified or required under this code or applicable laws of the state of Colorado.

(3)

(4)

To exercise the duties and powers as may be now or hereafter conferred by this code and the applicable laws of the state of Colorado.

(5)

To hear and decide special exceptions to the terms of this code, pursuant to Section 6.18 of this chapter, Special exceptions.

6.02 - Zoning map and land use code amendments.

(a)

(b)

(1)

The name, address, and telephone number of the applicant shall be provided.

(2)

The application shall clearly state the requested change or amendment and describe the property to be affected by such request by metes and bounds or by other legal description.

(3)

(4)

A statement from the county treasurer showing the status of all current taxes due on such parcel.

(5)

(6)

A list of surrounding property owners and their legal mailing addresses within three hundred (300) feet of the exterior boundary of the parcel proposed to be zoned or rezoned.

(7)

A statement by the applicant explaining the rationale for the rezoning request relative to the standards imposed by subsection (c) of this section.

(8)

A filing fee shall be submitted to cover the cost of review and processing with every application in accordance with the fee schedule adopted by resolution of the city council.

(c)

(1)

The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's comprehensive plan.

(2)

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area.

(3)

(d)

(1)

Items for Consideration in Zoning Amendments. The planning commission shall in its action on the rezoning request, consider the following:

Was the existing zone for the property adopted in error?

Has there been a change of character in the area (e.g. installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.)?

Is there a need for the proposed rezoning within the area or community?

Are the proposed uses compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated?

Will there be benefits derived by the community or area by granting the proposed rezoning?

Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended?

Is the proposal in conformance with the policies, intents and requirements of the Cortez comprehensive plan?

Does the proposed change constitute "spot zoning?"

(2)

Public Hearing Required. The planning commission shall hold a public hearing on any application for amendment or change prior to making its recommendation to the city council.

(3)

(4)

(e)

(1)

(2)

However, when the zoning district map in any way is to be changed or amended incidental to, or as a part of a general revision of this code, whether such revision be made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, mailing to property owners within three hundred (300) feet and the posting of notice on the land area proposed for rezoning shall not be required.

(3)

Notification Requirements for Text Amendment. When any such amendment relates to a change of a regulation or to the text of this code not affecting specific property, the city clerk shall cause notice of the public hearing of the planning commission to be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than fifteen (15) days from the date of publication. The city will also cause the notice of hearing to be posted in at least one public place within the city.

6.03 - Master plan amendments.

(a)

(1)

Application for master plan amendment.

(2)

(3)

A filing fee shall be submitted to cover the cost of review and processing with every private sector application in accordance with the fee schedule adopted by resolution of the city council.

(b)

(1)

(2)

(3)

(4)

(5)

Statutory Approval Requirement. Failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval.

(c)

Action by City Council. A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change.

(1)

Issues for Consideration. In making its determination, city council shall consider the recommendation of the planning commission, staff reports, and the written and oral testimony presented.

(2)

6.04 - Preliminary plats.

(a)

(1)

(2)

(b)

(1)

(2)

(3)

Intersecting Streets. The angle of intersection of the centerline of all intersecting streets.

(4)

(5)

Proposed Blocks, Lots and Parks. The subdivision shall show all proposed streets and alleys, easements, blocks, lots, parks, etc., with principal dimensions.

(6)

Contours. Topographic contours at five (5) foot intervals and all easements or right-of-way necessary for drainage within or without the boundaries of the addition.

(7)

Subdivision Title and Planner. The title under which the proposed subdivision is to be recorded, the name of the owner and the name of the engineer or land planner who prepared the plat.

(8)

Dedicated Parks, Playgrounds and Other Public Uses. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.

(9)

Scale, North Point. Scale, north point, date and other pertinent data. The scale of the preliminary plat may be at one (1) inch equals twenty (20) feet.

(10)

Name, Address and Telephone Number. Property owner's name, address, and telephone number.

(11)

Proposed Layout of Utilities. A proposed preliminary layout of sanitary sewer and water lines to serve the subdivision.

(12)

(13)

(14)

Protective Covenants. Draft of any protective covenants where the subdivider proposes to regulate land use or development standards in the subdivision.

(15)

Proposed Land Uses. A designation of the proposed uses of land within the subdivision and any zoning amendments proposed to be requested.

(16)

Vicinity Map. A vicinity map on a smaller scale showing the proposed subdivision and its relationship to the surrounding area and city limits.

(17)

Application Fee. A filing fee shall be submitted to cover the cost of review and processing with every preliminary plat in accordance with the fee schedule adopted by resolution of the city council.

(18)

(19)

The Zoning Administrator. Such notice shall contain the name and address of the mineral estate owner.

The identity of the owner of the mineral estate,

That an applicable request for notification is of record, or

That the mineral estate owner has recorded an instrument satisfying any applicable dormant mineral interest act.

(c)

Application Review Procedures.

(1)

(2)

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Cortez city clerk (one copy - for the public record);

Parks and recreation department (one copy);

Cortez police department (one copy);

Cortez sanitation district (one copy).

(3)

(4)

(d)

Review by Commission.

(1)

(2)

Notification Requirements for Preliminary Plat.

The city 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 ten (10) 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.

(3)

(4)

(5)

(6)

(e)

Effect of Preliminary Plat Approval.

(1)

(2)

(Ord. 1117 (part), 2008)

( Ord. No. 1205 , 3-22-2016)

6.05 - Final plats.

(a)

(1)

(2)

(3)

Streets. Name and right-of-way width of each street or other right-of-way shall be placed on the final plat.

(4)

Easements. Location and dimensions of all easements shall be placed on the final plat.

(5)

Lot and Block Numbers. Number to identify each lot or site and each block, and the dimensions of lots and blocks, shall be placed on the final plat.

(6)

Purpose of Sites. The purpose for which sites, other than residential lots, are dedicated or reserved shall be indicated on the final plat.

(7)

Building Lines. Minimum building setback lines when required or approved by the planning commission shall be placed on the final plat.

(8)

Monuments. Location and description of monuments shall be placed on the final plat.

(9)

Adjacent Land. References to recorded subdivision plats or adjoining platted land by record name shall be placed on the final plat.

(10)

Legal Description. A legal description and surveyor's certificate, to, in the following form, shall be placed on the final plat:

KNOW ALL MEN BY THESE PRESENTS:

That I, ___________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision.

___________
Signature

(11)

Approval Certification. Certification of approval by the planning commission and city council, in the following form, shall be placed on the final plat.

APPROVED this _______ day of ___________, 20___, by the Planning Commission of the City of Cortez, Colorado.

___________
Chairman

APPROVED this _______ day of ___________, 20___, by the City Council of the City of Cortez, Colorado.

___________
Mayor

___________
City Clerk

(12)

Title—Scale. A title, scale, and north point shall be placed on the final plat.

(13)

(14)

Plat Identification. A positive reference and identification of the plat and date of plat shall be placed on the final plat.

(15)

An accurate description of the tract of land subdivided.

A statement and express representation that the parties joining in such dedication are the sole owners of such tract of land.

An express dedication without reservation to the public for public use; the streets, alleys, rights-of-way, school site and any other public areas shown on the attached plat.

A positive reference and identification of the plat of such subdivision date of plat and engineer.

(16)

Tax Certificates. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat.

(17)

(18)

Filing Fee. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(b)

Application Review Procedures.

(1)

(2)

(3)

(c)

(1)

(2)

Notification Requirements for Final Plat.

(3)

(4)

(5)

(d)

Action Following Approval.

(1)

In no case shall additions, corrections, or modifications of any kind be made to the final plat other than signatures required after the final plat has been approved by the city council.

(2)

If for any reason the final plat has not been recorded within six (6) months of city council approval, the approving actions shall be deemed void.

(Ord. 1117 (part), 2008; Ord. 1072 (part), 2006)

( Ord. No. 1205 , 3-22-2016)

6.06 - Improvements agreement and performance guarantees.

(a)

(b)

Performance Guarantee.

(1)

(2)

The financial guarantee, in the judgment of the city council, shall be sufficient to make reasonable provision for completion of such improvements in accordance with design and time specifications.

(3)

(4)

Nothing in subsection (b)(3) of this section shall preclude the city council from approving other forms of financial security.

(c)

Release of Collateral.

(1)

As public improvements are made, an applicant may apply to the board for release of part or all of the collateral deposited with the board.

(2)

(3)

(4)

(d)

6.07 - Acceptance of subdivision improvements.

(a)

Time Frame For Completion.

(1)

(2)

(b)

(c)

(d)

(e)

(f)

(g)

(1)

(2)

No permit will be issued on property in a subdivision abutting a state highway until compliance with this subsection has been met.

(3)

(h)

(i)

(j)

6.08 - Mandatory homeowners' association.

(a)

(b)

(c)

(d)

(e)

(1)

Definitions of terms contained therein;

(2)

(3)

(4)

(5)

(6)

(7)

6.09 - Replats and plat amendments.

(a)

(1)

Correct an error in any course or distance shown on the prior plat.

(2)

Add any course or distance that was omitted on the prior plat.

(3)

Correct an error in the description of the real property shown on the prior plat.

(4)

Indicate monuments set after death, disability, or retirement from practice of the engineer responsible for setting the monuments.

(5)

(6)

Correct any other type of clerical error or omission in the previously approved plat.

(7)

(8)

Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement.

(9)

(b)

Limitation. In no case shall a plat amendment result in the creation of a lot with less than the minimum lot area required in underlying zone district (see Section 3.06 of this code).

6.10 - Conditional use permits.

(a)

(b)

(c)

(1)

The street address and legal description of the property affected; and

(2)

Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed;

(3)

A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council.

(d)

Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection (f) of this section.

(1)

Public Hearing Required. The planning commission shall hold a public hearing on any application for conditional use permit prior to making its recommendation to the city council.

(2)

Notification Requirements.

(e)

City Council Review Criteria and Processing. In reviewing a conditional use, the city council shall utilize the criteria listed in subsection (f) of this section.

(1)

Public Hearing Required. The city council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application.

(2)

(f)

(1)

(2)

(3)

(4)

(5)

Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided.

(6)

(g)

Records. The city clerk shall maintain a file containing all documents relevant to the application and disposition of such conditional use permits.

(h)

Maximum Density. The maximum density allowed by conditional use permit shall be no greater than that permitted in the underlying zone district.

(i)

Specific Performance. The permitted conditional use shall be established within one (1) year of its approval by city council.

(1)

( Ord. No. 1205 , 3-22-2016)

6.11 - Minor subdivision plat.

(a)

General. Not withstanding any other provision of this code, a minor subdivision plat may be approved by the city council without notice or hearing where all of the following conditions are met:

(1)

A parcel of land may be subdivided into no more than four (4) parcels.

(2)

No new streets, roads, extensions or access easements need to be widened, dedicated or developed.

(3)

No utilities, other than individual service lines, need to be extended to serve the parcel and the necessary utilities are in place immediately adjacent to the parcel.

(4)

The resulting lots shall be in compliance with all zoning provisions, area and bulk requirements and any other applicable requirements of this code.

(5)

These procedures may be utilized only one (1) time for each parcel of land.

(6)

There are no other problems of public concern.

(b)

(1)

(c)

Application Review Procedures.

(1)

(2)

Distribution of Minor Subdivision Plats. The zoning administrator shall distribute the minor subdivision plats immediately upon receipt to the following:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Cortez city clerk (one copy - for the public record).

(3)

(d)

(1)

Notification Requirements for Minor Subdivision Plat. There shall be no notification requirements for minor subdivision plats.

(2)

(3)

(4)

(e)

Action Following Approval.

(1)

(2)

If for any reason the minor subdivision plat has not been recorded within six (6) months of city council approval, the approving actions shall be deemed void.

(Ord. 1072 (part), 2006)

6.12 - Condominium subdivisions.

(a)

(b)

(c)

(1)

The application shall be accompanied by nine (9) copies of a preliminary condominium plat/map showing:

Scale, Arrow and Date. The written and graphic scale, north arrow and date of preparation shall be placed on the plat.

Location. The location of the condominium subdivision by reference to streets, lots and blocks shall be placed on the plat.

Lot and Property Lines. The lot lines and property lines to the hundredth ( 1/100 ) foot shall be placed on the plat.

Zoning and Densities. The zoning and existing densities on adjacent properties shall be placed on the plat.

Parking and Trash. The required parking spaces and the joint trash collection areas shall be identified on the plat.

Separate, Common and Limited Common Elements.

Statement of the Number of Units. A statement of the total number of units shall be shown on the proposed plat.

(2)

The application shall be accompanied by nine (9) copies of the following:

Articles of Incorporation.

Bylaws. Bylaws of the unit owners' association or corporation, unless exempt under C.R.S. 38-33-106, as amended.

(3)

Traffic Mitigation Plan. A traffic mitigation plan, if the condominium subdivision will increase the total number of dwelling units on the parcel or lot, may be required by the planning commission.

In addition to the above submittal requirements, the following statements shall be required on the final condominium plat:

(4)

Legal Description. A legal description of the subject property shall be required on the final plat.

(5)

Surveyor's Certificate. A surveyor's certificate, in the following form, shall be placed on the final plat:

(6)

Dedication Certificate. The property owner's certificate or deed of dedication shall be placed on the final plat. The dedication deed or certificate of dedication shall be executed by all persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws for the state of Colorado for conveyances of real property. The spouse of all married persons executing such dedication deed or certificate of dedication shall join therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of such party's homestead, in which case the instrument of dedication shall state the fact that the property subdivided and platted does not constitute a part of such party's actual homestead. In the case of surface lien holders, they may execute a subordination agreement subordinating their liens to all public streets, alleys, parks, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following:

An accurate description of the tract of land subdivided.

A statement and express representation that the parties joining in such dedication are the sole owners of such tract of land.

An express dedication without reservation to the public for public use; the streets, alleys, rights-of-way, school site and any other public areas shown on the attached plat.

A reference to the recording location (book and page) for the condominium declarations, articles of incorporation and subdivision plat.

Identification of the plat of such subdivision, date of plat and engineer, if applicable.

(7)

Treasurer's Certificate. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat.

(8)

Approval Certification. Certification of approval by the planning commission and city council, in the following form, shall be placed on the final plat.

APPROVED this _______ day of ___________, 20___, by the Planning Commission of the City of Cortez, Colorado.

___________Chairman

APPROVED this _______ day of ___________, 20___, by the City Council of the City of Cortez, Colorado.

_____
Mayor

_____
City Clerk

(9)

(10)

As-Built Plats. As built plats shall include all information required in subsections (c)(1) through (8) of this section, with the following exceptions:

The title "As-Built Plat" shall appear at the top, with "Final Plat (prior reception number) Amendment" directly underneath.

The location shall be indicated for all completed improvements, such as buildings, parking, easements, service lines and mains.

The planning commission certificate block shall be omitted.

(d)

Application Review Procedures for Preliminary and Final Condominium Subdivision Plats.

(1)

(2)

(3)

Any subsequent change in the approved use(s) for a condominium subdivision shall be subject to the same review procedures as would be applied to a new condominium subdivision.

(4)

(e)

Application Review Procedures for As-built Condominium Subdivision Plats.

(1)

(f)

Standards for Review of Condominium Subdivisions.

(1)

(2)

Condominium subdivisions shall comply with the following supplemental review standards:

The density of the development as proposed for condominium subdivision shall not be greater than the maximum density as allowed by the underlying zone district; and

(3)

As-built plats shall accurately depict the location of all completed improvements, and such improvements shall be substantially consistent with the improvements shown on the approved final plat.

(g)

(1)

A minimum one (1) hour firewall may be required between units as a condition of city approval of any condominium plat involving a condominium conversion.

The multi-unit structure must have been in use for a period of at least three (3) years prior to the filing of application for conversion.

(2)

6.13 - Annexations.

(a)

(1)

All annexations shall be consistent with the Cortez comprehensive plan and the Cortez thoroughfare plan and street standards for the city.

(2)

(3)

(4)

(b)

(c)

Submittal Requirements. The application shall be accompanied by or show the following information:

(1)

The names and mailing addresses of all landowners in the proposed area to be annexed;

The legal description of the land owned by each signer to the petition of the area proposed for annexation;

An allegation that it is desirable and necessary that such an area be annexed to the city;

A statement that at least one-sixth (⅙) of the perimeter of the area to be annexed is contiguous with the city;

A statement that the petitioning landowners own more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys;

An affidavit of each circulator of each petition that each signature in the petition is a true signature; and

(2)

Annexation Map. An annexation map drawn at a scale of one (1) inch equals twenty (20) feet with a north point, date, any other pertinent data and containing the following information:

A written legal description of the boundaries of the area proposed to be annexed.

The boundary of the area proposed to be annexed, and next to it a drawing of the contiguous boundary of the city and the dimensions of the boundaries.

The existing and proposed land use pattern in the vicinity of the proposed annexation.

(3)

Vicinity Map. A vicinity map on a smaller scale showing the relationship of the area to be annexed and the existing city boundaries.

(4)

Master Plan. A written report describing the proposed land use and requested zoning of the area to be annexed, including:

Traffic impacts including projected vehicle trips to enter or depart the site (calculated on a peak and daily basis);

A statement addressing consistency with the city comprehensive plan, the Cortez thoroughfare plan and the street standards for the city;

A copy of any draft or final pre-annexation agreement, if available;

A statement of how the extension of municipal services, other than utilities, will be financed.

(5)

A map or maps of the municipality and adjacent territory to show the following information:

The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;

The existing and proposed land use pattern in the areas to be annexed;

A copy of any draft or final preannexation agreement, if available;

A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;

A statement identifying existing districts within the area to be annexed; and

A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

(6)

Filing Fee. A filing fee shall be submitted to cover the cost of review and processing with every petition in accordance with the fee schedule adopted by resolution of the city council.

(d)

Application Review Procedures.

(1)

(2)

(3)

Distribution of Annexation Application. The zoning administrator shall distribute the annexation application immediately upon receipt to the following:

Zoning administrator (one copy);

Public works department (one copy);

City engineer (one copy);

Electric power association (one copy);

Natural gas provider (one copy);

Telephone provider (one copy);

Cortez-Montezuma school district (one copy);

Cortez fire protection district (one copy);

Parks and recreations department (one copy);

Cortez city clerk (one copy - for the public record).

(4)

(e)

Review by Planning Commission.

(1)

Public Hearing Required. The commission shall hold a public hearing on an annexation application prior to making its recommendation to the city council.

(2)

Notification Requirements of Commission Hearing. When a hearing is to be held on annexation of property, notification shall be made as follows:

(3)

Items for Consideration by Commission. The planning commission shall, in its action on the annexation application, consider the annexation review standards of subsection below.

(4)

(5)

(f)

Review by City Council.

(1)

Public Hearing Required. The city council shall hold a public hearing on a preliminary annexation application prior to making its final decision on an annexation application.

(2)

The final annexation hearing shall be initiated not less than thirty days (30) nor more than sixty (60) days after review and recommendation by the planning commission.

(3)

Items for Consideration by City Council. The city council shall, in its action on the annexation application, consider the annexation review standards of subsection (g) of this section.

(4)

Action Within 30 Days. Following review of the annexation application and other materials submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the city council shall, within thirty (30) days, act thereon as submitted or modified, and if approved the city council shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.

(5)

Action by City Council. The city council shall approve or disapprove the annexation application either with or without special provisions.

(6)

(g)

Annexation Review Standards. The planning commission and the city council shall find that the following criteria have been met before finally recommending approval or approving an annexation request:

(1)

(2)

Open Space. That the open spaces have a workable program established for maintenance and up-keep;

(3)

Necessary. That the proposed annexation is necessary or desirable and will contribute to the general well being of the community;

(4)

(5)

Logical Road System. That the area has incorporated in its design, if a design has been developed, a logical extension of roads;

(6)

(7)

Water Rights. That all water rights associated with land areas proposed for annexation shall be dedicated to the city;

(8)

Revenues. That the revenue and/or public benefit to be gained from the city's portion of increased tax base is equal to or greater than the cost of services required;

(9)

(10)

6.14 - Site plans.

(a)

(b)

(c)

General Requirements.

(1)

All uses located within the following zone districts:

CBD	Central business district
I	Industrial
C	Commercial highway
NB	Neighborhood business