1. Was commenced within 60 days after obtaining said building permit; and
2. Work is proceeding diligently toward completion.

1. EN Zones. This Article does not apply to lots of record in the EN zones, regardless of their size (such lots, and lawfully constructed buildings on them, are "conforming").
2. Previously Approved Applications. This Article does not apply to site specific development approvals for which rights are vested during the period of vested rights.
3. Unlawful Uses, Buildings, Structures, or Signs. This Article does not allow for the perpetuation of uses, buildings, structures, lighting, or signs that were unlawfully established or constructed. Such uses, buildings, structures, lighting, or signs are not "legally nonconforming," but instead are "unlawful," and are subject to all of the provisions of this LUDC (including enforcement provisions) and any other applicable law. Likewise, this Article does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this LUDC.
4. Natural Shifts of Zone Boundaries. If a zone boundary changes as a result of a change in location of a stream channel centerline, such change of zone boundary does not render existing development nonconforming. (See also, Section 2-1-2-4, Interpretation of Official Zoning Map.)

1. There are 10 general types of nonconformities:
   1. Uses;
   2. Density;
   3. Accessory Uses;
   4. Buildings;
   5. Structures;
   6. Landscaping and Buffering;
   7. Signs;
   8. Lighting;
   9. Parking; and
   10. Lots.
2. Nonconforming uses may be "major" or "minor." These types of nonconformity are set out in Division 6-1-2, Types and Classes of Nonconformities. The application of the standards of this Article is based on the type of nonconformity that is being addressed.

1. Currently Prohibited Uses. Uses that were lawfully established but are not currently listed as permitted, special, limited, or conditional uses in the zone in Division 2-1-3, Use / Zone Matrices, except that:
   1. Structures that were listed as principal uses prior to the effective date, which are currently regulated only as accessory structures, are either:
      1. Conforming structures; or
      2. Nonconforming structures; and
   2. Accessory uses that were listed as principal uses prior to the effective date, which are currently regulated only as accessory uses are either:
      1. Conforming accessory uses; or
      2. Nonconforming accessory uses.
2. Special and Limited Uses without Special or Limited Use Approval. Uses that are listed as special or limited uses in the zone in Division 2-1-3, Use / Zone Matrices, but:
   1. Were lawfully established without a special or limited use permit; and
   2. Do not comply with the applicable special or limiteduse standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses.
3. Conditional Uses without Conditional Use Approval. Uses that are listed as conditional uses in the zone in Division 2-1-3, Use / Zone Matrices, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit.
4. Uses in the Floodplain or Floodway. Uses that are not permitted in the floodplain or floodway, but:
   1. Were established in the floodplain or floodway before the prohibition; or
   2. Were established outside of the floodplain or floodway, but subsequently included in it after revision of floodplain or floodway boundaries.
5. Uses that Exceed Density Limitations. Nonconforming uses include situations where the number of dwelling units that lawfully existed on a lot prior to the effective date of this LUDC is greater than the number of dwelling units that could be constructed on the same lot pursuant to this LUDC.

1. Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the zone if they are discontinued, abandoned, or destroyed. Such uses may not be converted to conforming uses as provided in Division 6-1-5, Conversion of Nonconformities. Major nonconforming uses are:
   1. Manufactured Home Parks;
   2. Marijuana Uses;
   3. Motor Vehicle Repairs and Service, Heavy;
   4. Self-Storage, Outside Access;
   5. Outside Storage;
   6. Salvage yards;
   7. Unused, nonfunctioning, or abandoned Wireless Telecommunications Facilities in any zone; and
   8. Other uses as may be determined by the Administrator.
2. Minor Nonconforming Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Division 6-1-5, Conversion of Nonconformities.

1. Major Nonconforming Accessory Uses. Major nonconforming accessory uses are those that create a nuisance per se or represent such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the zone if they do not comply with the standards of this LUDC and are discontinued, abandoned, or destroyed after the effective date. Major nonconforming accessory uses are:
   1. Rooftop commercial uses, unless they are subject to a current conditional or special use approval on the effective date of this LUDC;
   2. Outdoor storage areas; and
   3. Accessory dwelling units.
2. Minor Nonconforming Accessory Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming accessory uses by either:
   1. Bringing the accessory use into compliance with the applicable standards of this LUDC; or
   2. Converting the minor nonconformity into conformity. See Division 6-1-5, Conversion of Nonconformities.

1. Residential development of housing types other than multifamily is conforming with respect to landscaping if it was developed (or is being developed) according to a plat, site plan, or vested site specific development plan that was approved prior to the effective date of this LUDC.
2. Property shall not be considered nonconforming with respect to bufferyards if the abutting property is rezoned to a zone which would require a different zone boundary bufferyard. (See Section 4-6-3-5, Zone Boundary Bufferyards.)

1. The sign was approved by a sign permit prior to the effective date of this LUDC, or amendment hereto, if a permit was required under applicable law, or, if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law (including, planned development approval documents) immediately prior to the effective date or had legal nonconforming status at such time; and
2. The sign is a permanent sign.

1. Under applicable Federal, State, and County regulations, the sign was legal in all respects immediately prior to annexation;
2. The sign is a permanent sign; and
3. The annexation was not conditioned upon the removal or modification of the sign.

1. Generally. The following standards apply when nonconforming uses are discontinued and not changed to another use. Changes of use are subject to Section 6-1-3-2, Changes of Use, and not this Subsection.
   1. If a major nonconforming use or a major nonconforming accessory use is discontinued for a period of 12 consecutive months (or six months for an inoperable wireless telecommunication facility), for any reason, it shall not be resumed.
   2. If a minor nonconforming use or a minor nonconforming accessory use is discontinued for a period of 12 consecutive months, for any reason, it shall not be resumed. However, if an application for conversion of the use or accessory use is filed pursuant to Division 6-1-5, Conversion of Nonconformities, before the end of the 12 month period, then approval of the application shall permit the use to be resumed as a conforming use.
2. Oil and Gas Facilities.
   1. A nonconforming oil and gas facility shall be allowed to continue so long as the use is not abandoned (as determined by the Administrator) for an uninterrupted period of five years or more. For wells, abandonment shall mean plugging and abandonment of a well, temporary abandonment of a well, or shut-in of a well, as defined by the COGCC.
   2. Normal or routine maintenance of a facility containing a nonconforming use shall be allowed. Normal or routine maintenance of a facility shall be distinguished from a facility expansion based upon any permanent increase of a facility’s land use impacts. A facility increases the land use impacts when there is an increase in the noise associated with the facility, the visual impact of the facility, or in the surface area disturbance that lasts longer than six months and is beyond the surface area originally impacted by the facility, and such increase results in a violation of a performance standard.
   3. Expansion of a nonconforming facility shall not be allowed except that new wells may be added to an existing wellhead that is nonconforming with respect to setbacks, provided that the new wells are set further back than the existing wells.
   4. Nonconforming uses that are either abandoned or expanded shall be treated as new uses and shall be required to follow all general procedures and meet all applicable standards for such uses as provided in the oil and gas regulations. Nothing herein shall be construed as a regulatory requirement to close or abandon an existing minor facility.

1. If a nonconforming building or structure is damaged, destroyed, or declared unsafe by the City, regardless of the cause, then the building or structure shall be repaired, reconstructed, or replaced only in conformance with all applicable provisions of this LUDC whenever one or more of the following circumstances exist:
   1. The damage or destruction affects more than 50 percent of the gross floor area of the nonconforming building or more than 50 percent of the area of the nonconforming structure;
   2. Restoration of the building or structure will cost more than two-thirds (67 percent)of the fair market value of the building or structure at the time it was damaged or destroyed, or, if the building or structure is located in a floodplain, one-half (50 percent) of the replacement cost of the building or structure at the time it was damaged or destroyed; or
   3. Construction is not commenced in the time frames set out in Subsection C.2.c., below.
2. If a nonconforming building or structure suffers a casualty loss or is declared unsafe by the City, then the building or structure may be restored to a safe condition if all of the following are demonstrated:
   1. Due to the extent of the damage, the circumstances described in Subsection C.1.a. or C.1.b. do not exist;
   2. Nonconformity is not enlarged, increased, or extended; and
   3. Repairs are commenced pursuant to approved building permits (if required) within one year of the date the building was damaged or, if no date can be reasonably established for the damage, the date that the City determines that the building is unsafe.

1. A nonconforming sign which has been damaged by fire, wind, or other cause such that the cost of restoration or repair exceeds 50 percent of the cost of replacement shall not be restored or repaired except in conformance with this LUDC.
2. If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element.
3. If a nonconforming sign structure does not display any message for a period of 30 days, it shall be removed or brought into conformance with this LUDC. For the purposes of this standard, a temporary "sock sign" may be used to display a message while a new sign face is being designed and fabricated.
4. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign structure conforms to this LUDC.
5. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign and sign structure conform to this LUDC.

1. When a nonconforming use is changed to a conforming use, the nonconforming use shall not thereafter be resumed.
2. If the use of a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not thereafter be changed back to the nonconforming use.

1. Generally. Routine maintenance of nonconforming buildings, structures, landscaping and buffering, signs, lighting, and parking is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings, structures, or signs or materially extend their life (for signs, routine maintenance includes repainting the sign face). This standard also applies to conforming buildings, structures, landscaping and buffering, signs, lighting, and parking that are used by nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use.
2. Finish Upgrades. Finishes on buildings and structures that are used by nonconforming uses may be upgraded.
3. Structural Alterations. Structural alterations (including, but not limited to, expansions) to nonconforming buildings, structures, and signs are permitted only if it is demonstrated that:
   1. If the structural alterations involve an expansion or substantial improvement to a nonconforming building, then any major nonconforming uses that occupy the building are discontinued;
   2. Any applicable standards of Section 6-1-3-1, Continuation and Termination, are met; and
   3. The alteration will eliminate the nonconformity or reduce the nonconformity in accordance with the standards of Division 6-1-4, Incremental Compliance.

1. Major Nonconforming Uses. Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this LUDC or any amendment that made the use a major nonconforming use.
2. Minor Nonconforming Uses. No minor nonconforming use shall be expanded or extended in such a way as to:
   1. Occupy any open space or landscaped area that is required by this LUDC;
   2. Increase the area of floodplain (if present) that is directly impacted by the use;
   3. Exceed building coverage or height limitations of the zone in which the use is located;
   4. Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this LUDC; or
   5. Displace any conforming use in the same building or on the same parcel.
3. Nonconforming Residential Uses. A nonconforming residential use shall not be expanded in scope or area, except that construction of an attached or free-standing private garage is allowed in accordance with the requirements of this LUDC, including, but not limited to, height, setback, gross floor area, and building coverage requirements of the zone in which the use is located.

1. The combination of lots would not remove or materially mitigate a nonconforming aspect of the nonconforming lot;
2. Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be demolished or substantially modified in order to comply with this LUDC;
3. The combination of lots would materially disrupt the lotting pattern of the street, for example, by creating a through lot mid-block on a street segment that does not include any other through lots;
4. The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape; or
5. The lots are located in an EN zone (in which case they are not nonconforming, but may still be required to be combined pursuant to Section 3-1-1-3, Status of Existing Lots and Buildings in the EN Zones; Required Services, and not this Section).

1. The use is located on a nonconforming lot;
2. The use occupies a nonconforming building;
3. The use occupies or otherwise utilizes a nonconforming structure;
4. The use is located on a lot with nonconforming landscaping or buffering;
5. The use utilizes a nonconforming sign;
6. The use is illuminated by nonconforming lighting; or
7. The use has nonconforming parking.

1. The authorization to establish, continue, maintain, modify, enlarge, extend, or change use which is provided in Subsection A., above, requires compliance with all applicable requirements of this LUDC, including the requirements of this Article that apply to the nonconforming situation.
2. Modifications to buildings, structures, landscaping and buffering, signage, lighting, or parking may require correction or partial correction of nonconforming situations as provided in Section 6-1-3-1, Continuation or Termination; Section 6-1-3-3, Expansion, Upgrade, Repair, and Modification; and Division 6-1-4, Incremental Compliance.

1. Building Expansions and Expansions of Existing Uses. If an existing building or use is expanded, additional parking shall be required only in proportion to the new area of the building or use.
2. Change of Use.
   1. If the use of a building changes, resulting in a net additional demand for parking, then the number of parking spaces provided shall be calculated as the lesser of:
      1. The required parking for the new use according to  Division 4-5-2, Parking and Loading Calculations; or
      2. (Number of existing parking spaces) + ((number of parking spaces required for the new use) - (number of parking spaces required for the existing use))
   2. Parking spaces shall be designed as required by Division 4-5-3, Parking and Loading Design.
3. Redevelopment. If an existing building is redeveloped, parking shall be provided as required by Article 4-5, Parking and Loading.

1. Building Expansions, Parking Lot Improvements and Expansions of Existing Uses. If an existing building, parking lot, or use is expanded or improved, additional landscaping and buffering shall be required only in proportion to the new area of the building, use, or parking lot as described in Table 6-1-4-4, Administrative Sliding Scale Compliance Requirements.
2. Change of Use. A change of use to a permitted use may occur without bringing the site’s landscaping and buffering into full compliance. If a change of use requires additional parking, the parking provided to meet that requirements must also comply with the standards in Article 4-6, Landscaping and Buffering. Changes of use that require special, limited, or conditional use permits may include provisions that require additional landscaping and buffering upgrades.
3. Redevelopment. If an existing property is redeveloped, landscaping and buffering shall be provided as required by Article 4-6, Landscaping and Buffering

1. Building Expansions, Parking Lot Improvements and Expansions of Existing Uses. As described in Table 6-1-4-4 Administrative Sliding Scale Compliance Requirements, if an existing building, parking lot, or use is expanded or improved, all new lighting shall be required to meet the provisions of Division 4-3-2 Lighting. Existing lighting shall be required to be brought into compliance when a building or use expansion constitutes a major expansion, as described in Table 6-1-4-4, Administrative Sliding Scale Compliance Requirements.
2. Change of Use. A change of use to a permitted use may occur without bringing the site’s existing lighting into full compliance. If a change of use requires additional parking, the parking provided to meet that requirements must also comply with the standards in Division 4-3-2, Lighting. Changes of use that require special, limited, or conditional use permits may include provisions that require additional lighting upgrades.
3. Redevelopment. If an existing property is redeveloped, lighting shall be provided as required by Division 4-3-2, Lighting.

1. The neighborhood residents regularly patronize or are employed at the use (for nonresidential uses in or abutting residential neighborhoods).
2. Management practices eliminate nuisances such as the spillover of noise and light, odors and appearance of waste materials and litter, unreasonably congested on-street parking, or comparable conflicts with abutting and nearby properties.
3. There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).
4. If the use is nonresidential, it is licensed in accordance with the applicable ordinances of the City.
5. The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.

1. Describe the role of City Staff in the administration of this LUDC and the approvals issued hereunder;
2. Establish and describe the various Boards and Commissions that are allocated responsibilities in the decision-making and appeals processes; and
3. Describe the scope of authority that is retained by the City Council with respect to the implementation and amendment of this LUDC.

1. Application Review. The Floodplain Administrator shall review:
   1. All applications, to determine whether the floodplain development permit requirements of Division 4-4-6, Floodplain Management and Flood Damage Prevention, apply.
   2. All development permits, to determine if the proposed development is located in the floodway. If it is located in the floodway, verify compliance with the encroachment provisions set out in Section 4-4-6-7, Floodways.
   3. All development permit applications, to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 4-4-6-4, Application, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from the flood insurance study or from other floodplain studies applicable to the City prepared by Federal or State governmental agencies in order to administer the provisions of Division 4-4-6, Floodplain Management and Flood Damage Prevention.
3. Information to be Obtained and Maintained. The Floodplain Administrator shall:
   1. Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures.
   2. For all new or substantially improved floodproofed structures:
      1. Verify and record the actual elevation, in relation to mean sea level;
      2. Maintain the floodproofing certifications required by Section 4-4-6-5, General Provisions and Flood Standards for Flood Hazard Reduction; and
      3. Maintain for public inspection all records pertaining to the provisions of this Section.
4. Alteration of Watercourses. The Floodplain Administrator shall:
   1. Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
   2. Require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished.
5. Interpretation of Flood Area Boundaries. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6-3-4-6, Floodplain Development Permits.
6. Recommendations and Decisions. The Floodplain Administrator is responsible for providing recommendations and decisions as set forth in Subsections C. and D., below.

1. Serve as staff to the Historic Preservation Board. In addition, the Historic Preservation Officer is responsible for providing recommendations and decisions as set forth in Subsections C. and D., below.
2. Maintain a complete set of maps and other necessary records pertaining to all known archaeological sites within the city limits. Such records shall include appropriate repositories for any maps, photographs, records, or artifacts recovered during an archaeological survey of sites within the City.
3. Create and institute a register of historic and archaeological properties within the City limits.
4. Establish a system of liaison and public information, whereby residents of the City may be given qualified assistance regarding archaeological and historic preservation.
5. Identify and designate structures or sites of an archaeological nature that may have potential for development and to further develop such structures or sites for public viewing, enjoyment, recreation, and education.
6. Publicize, promote, and encourage public awareness of the need for, and the benefits to be derived from, archaeological preservation and to further encourage private individuals, property owners, and developers to participate in and financially support the archaeological monitoring of their projects in a spirit of public cooperation and goodwill.

1. Historic district designations;
2. Historic landmark designations;
3. Landmark alteration certificates;
4. Alternative compliance for historic properties in EN zones, pursuant to Division 3-1-5, Alternative Compliance; and
5. Downtown Main Avenue facade projects.

1. Installation of pre-approved materials, including but not limited to new shingles and new paint on historic properties;
2. Routine maintenance including, but not limited to, replacing rotted wood on historic properties;
3. Emergency repairs on historic properties;
4. Installation, removal, or modification of landscaping on historic properties; and
5. Installation, removal, or modification of fences on historic properties.

1. Examine any site and make appropriate recommendations in advance of the issuance of any City development approval or permit to ensure that all potential archaeological resources have been identified and professionally evaluated.

1. The Director of Parks and Recreation shall review and comment on:
   1. Landscape plans, for conformance with the plans and policies of the Parks and Forestry Advisory Board and the Parks and Recreation Department;
   2. Park, open space, and recreation facilities that are provided in proposed development;
   3. Proposed trail routes, locations, and dimensions; and
   4. Open space and recreation and leisure area requirements, see Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.
2. The Director of Parks and Recreation shall promulgate standards and specifications for lighting fixtures to be used along hard-surfaced trails.

1. The City Arborist shall establish and periodically update an approved plant list and a prohibited plant list. These lists shall be attached to this LUDC in Appendix D. (See Section 4-6-2-1, Approved and Prohibited Plant Lists.)
2. The City Arborist may develop specifications for the installation of street trees.
3. The City Arborist shall determine the health of trees where so required by this LUDC.
4. The City Arborist shall review and comment on landscape plans, as may be referred by the Director of the Parks and Recreation Department.
5. The City Arborist shall decide:
   1. Whether to approve plantings which are not on the approved plant list in certain circumstances. (See Section 4-6-2-1, Approved and Prohibited Plant Lists.)
   2. Whether to allow installations of container or bare-root trees to count towards landscaping requirements. (See Section 4-6-2-5, Size and Quality of Landscape Plants.)
   3. Whether to allow exceptions from the required landscape biodiversity. (See Section 4-6-2-6, Required Biodiversity.)
   4. Whether to allow deviations from the spacing requirements for street trees. (See Section 4-6-4-1, Street Tree Program.)
   5. Requests for removal of trees as provided in Section 4-6-5-3, Limitation on Tree Removal.
   6. Whether to modify the tree replacement standards in Section 4-6-5-4, Tree Replacement Standards, where there is insufficient room for healthy tree growth.
   7. Whether conditions merit enforcement of landscaping warranties. See Section 4-6-6-6, Required Warranty.
6. The City Arborist shall make a recommendation to the Department on:
   1. Proposed reductions to single-family and duplex landscape buffers in the River Corridor Overlay Zone (RCOZ), as provided in Section 4-4-5-2, Viewsheds in the River Corridor Subdistrict (Outside of Downtown Subdistrict), and Section 4-4-5-3, Viewsheds in the Downtown Subdistrict.

1. The Chicken Permitting Officer shall issue permits for the keeping of chickens pursuant to Section 3-5-1-5, Keeping of Chickens. Any person seeking approval to keep chickens within the City shall first obtain a permit from the Chicken Permitting Officer.
2. The Chicken Permitting Officer shall maintain information and instructional documents and guidelines regarding the keeping of chickens.
3. At the time of application, the City's Chicken Permitting Officer shall provide informational and instructional documents and guidelines to the Applicant pertaining to the keeping of chickens, including applicable laws and regulations concerning the euthanasia or killing of chickens.

1. The HPB shall consist of seven members, appointed according to the Rules and Procedures for Boards and Commissions (see Appendix F).
2. The City Council may also appoint an alternate member to serve in the event one or more of the appointed regular members are absent.
3. The City Council intends for the selection of members to create a balanced, community-wide representation. The City will make its best good-faith effort to ensure that at least three of the HPB members are individuals who have professional training and / or experience in preservation-related disciplines, such as architecture, landscape architecture, architectural history, archaeology, history, planning, American studies, American civilization, cultural geography, and / or cultural anthropology.

1. Adopt criteria for review of historic resources and for review of proposals to alter, demolish, or move designated resources.
2. Review resources nominated for designation as either an historic landmark or historic district, and recommend that the City Council designate, by ordinance, those resources qualifying for such designation.
3. Review and make decisions on applications for alteration to a designated historic landmark or historic district which are:
   1. Not assigned to the Historic Preservation Officer;
   2. Referred to the HPB by the Historic Preservation Officer; or
   3. Appealed to the HPB by an Applicant whose application was denied by the Historic Preservation Officer.
4. Review and make decisions on applications for moving or demolishing an historic landmark.
5. Advise and assist owners of historic properties regarding the physical and financial aspects of preservation, renovation, rehabilitation, and reuse, including nomination to the National Register of Historic Places.
6. Develop and assist in public education programs, including, but not limited to, walking tours, brochures, a marker program for historic properties, lectures, and conferences.
7. Conduct surveys of historic areas for the purpose of defining those of historic significance, and prioritizing the importance of identified historic areas.
8. Advise the City Council on matters related to preserving the historic character of the City.
9. Actively pursue financial assistance for preservation-related programs.

1. Division 6-3-2, Required Approvals and Permits, sets out all of the approvals and permits that may be issued pursuant to this LUDC, and provides the general process by which these applications for approvals and permits are considered for approval.
2. Division 6-3-3, Standard Development Approval Procedures, sets out the standardized steps for development approval. This Division describes how each step of the review process is conducted. The procedures apply to all applications (except appeals), but may be modified as provided in Division 6-3-4, Specialized Permit Standards and Procedures through Division 6-3-10, Planned Developments.
3. Division 6-3-4, Specialized Permit Standards and Procedures, sets out the procedural requirements for landmark alteration certificates and floodplain development permits.
4. Division 6-3-5, Variances, sets out the standards and procedures for floodplain variances, variances, and sign variances.
5. Division 6-3-6, Subdivision Procedures, sets out the special procedures for processing subdivision applications.
6. Division 6-3-7, Historic Preservation Designation Procedures, sets out the procedures for designating historic districts and historic landmarks.
7. Division 6-3-8, Oil and Gas Permitting Procedures, sets out the procedures that are used to process applications for minor and major oil and gas facilities.
8. Division 6-3-9, Modifications and Corrections, sets out the procedures for modifying existing development approvals.
9. Division 6-3-10, Planned Developments, sets out the thresholds for when a planned development will be considered, and the process for approving a proposed planned development.
10. Division 6-3-16, Development and Public Improvements Agreements, sets out the requirements for creating and executing development agreements and public improvements agreements.
11. Division 6-3-17, Administrative Appeals, sets out the process for appealing decisions made by City Staff and appointed boards and commissions.

1. Generally. The approval procedures set out in this Division are undertaken in sequence until the application is considered and decided by the respective decision-maker identified in Division 6-3-2, Required Approvals and Permits. (See Figure 6-3-3-1A, Pre-Application and Application Phase; Figure 6-3-3-1B, Substantive Administrative Review Phase; and Figure 6-3-3-1C, Public Hearing Review Phase.)
2. Administrative Approvals and Permits. Unless specifically exempted from a pre-application meeting, all administrative approvals and permits are subject to the provisions of Section 6-3-3-3, Pre-Application Meeting, to Section 6-3-3-9, Administrative Review. Limited and special use approvals require a notice and comment period, and are therefore subject to Section 6-3-3-10, Public Notice and Section 6-3-3-11, Referrals and Public Comments.

1. Identify the process and possible timelines;
2. Review preliminary materials and identify potential issues;
3. Identify which applications and approvals will be required by the City and what information will have to be provided; and
4. Identify what fees will be due, including whether an escrow payment will be required for professional consultant review. (See Section 6-3-3-5, Application Fees.)

1. The Administrator is authorized to establish a regular schedule for pre-application meetings.
2. Pre-application meetings may be conducted in person, by telephone, or by internet-based communication tools, as may be agreed between the Applicant and the Administrator.

1. The Applicant shall bring to (or submit prior to) the pre-application meeting sufficient supporting materials to explain:
   1. The location of the project;
   2. The proposed uses (in general terms);
   3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities (including water quality and stormwater detention facilities);
   4. The relationship of the proposal to existing development;
   5. The general locations and extent of natural resources, open water, floodplains, and floodways on and adjacent to the parcel proposed for development; and
   6. Any other conditions or items that the Applicant believes are relevant to the processing of the application.
2. The Administrator may request that the Applicant bring completed application forms (in draft form) for the types of permits being sought.
3. If the Applicant is seeking approval of a subdivision plat, the Applicant shall bring copies of a proposed lot layout to the pre-application meeting.

1. The Floodplain Administrator shall make a floodplain determination for proposals that involve:
   1. Construction;
   2. Grading; or
   3. Uses that are restricted in areas of special flood hazard.
2. The sole purpose of the floodplain determination is to determine whether the parcel proposed for development is subject to the Floodplain Management Regulations (See Division 4-4-6, Floodplain Management and Flood Damage Prevention.) It cannot be relied upon for any other purpose. Property owners who seek a determination of whether their property is affected by the floodplain or exposed to flood risks must obtain their own determination from qualified professionals.

1. A checklist of submittal materials that will be necessary for the type(s) of application(s) sought;
2. The floodplain determination, if applicable; and
3. A copy of the City's application fee schedule.

1. The Administrator shall promulgate and periodically revise, as necessary, forms for each type of application required by this LUDC.
2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Administrator, and have the purpose of facilitating:
   1. The evaluation of applications for compliance with the standards of this LUDC; and
   2. The administration of this LUDC.
3. The Administrator is authorized to establish a standardized format for each type of required submittal, and to allow deviations from the format in instances where the Administrator finds that an alternative format would provide for more efficient review.

Referral Agency Fees. The Applicant may be required to pay any fees assessed by referral agencies in advance of their review and comment. See Section 6-3-3-11, Referrals and Public Comments.

1. Consultant Review Authorized. The Administrator is authorized to retain professional consultants at the Applicant's expense to assist in the review of proposed development. The Administrator may make an initial determination as to the use of consultants at the time of the pre-application meeting, and may revise the determination at the time of application if new or changed information in the application materials justifies the revision.
2. Initial Escrow Payment. If the Administrator determines that an application will require review by professional consultants, then the Applicant shall make an initial escrow payment in an amount sufficient to cover the estimated review costs. The Administrator shall provide the Applicant with a preliminary estimate of professional consultant review fees at a time established during the pre-application meeting by agreement with the Applicant. Alternatively, the Administrator may advise the Applicant regarding the amount of a fixed-fee that has been established in advance for the type of application presented.
3. Additional Escrow Funds. The Administrator may require additional escrow funds to be paid for additional services related to the application, should they become necessary. If a balance is due at the time an application is approved, it shall be paid by the Applicant as a condition of approval.
4. Use of Escrow Payment. The City may draw upon the escrow to pay the fees and expenses of professional consultants retained by the City to review the application.
5. Return of Escrow Funds. Escrow funds shall be returned to the Applicant as follows:
   1. If the Administrator decides not to use consultants, then escrow funds shall be returned to the Applicant within 30 days of the decision.
   2. If the Applicant withdraws the application, then the Administrator shall notify the consultants to stop work within 24 hours of the withdrawal. The Administrator shall then return the escrow to the Applicant, less the amount required to pay the consultant for work actually performed.
   3. When the application is decided, any positive escrow balance shall be returned to the Applicant within 30 days.
6. Account Reports. Applicants shall be provided with a monthly accounting of the escrow upon request.
7. Fixed-Fee Consultant Review. The Administrator is authorized to establish:
   1. A roster of consultants that are pre-qualified to conduct reviews of various types; and
   2. For routine application types with predictable review fees, a schedule of fixed-fees.

1. Incomplete applications shall be returned to the Applicant, along with any fee included with the application, with a written explanation that describes, in general terms, the materials that must be submitted in order to complete the application.
2. An application that does not include the applicable processing fee shall not be considered complete.
3. Incomplete applications are not considered filed.

1. The application materials are internally consistent and are presented as required by this LUDC and the applicable application forms.
2. Materials are prepared by qualified professionals (where such qualifications are required), and signatures and certifications are present, if required.
3. The application materials are technically sufficient (e.g., legal descriptions and calls and distances on surveys describe closed polygons within acceptable tolerances, calculations that are provided are performed according to the methodologies set out in this LUDC, etc.) to demonstrate compliance with applicable standards of this LUDC.

1. An application is insufficient if it does not meet the standards of Subsection A., above.
2. If an application is determined to be insufficient, the Administrator shall notify the Applicant and provide a written explanation regarding the materials that must be submitted, or revisions that must be made, in order to continue processing the application.
3. The Applicant shall provide the materials or revisions that are required to make the application sufficient within 15 days of the date of the notice.
4. If an Applicant fails to submit the required materials within the time period specified in Subsection B.3., above, or if the Applicant fails to submit a sufficient application after three rounds of review, then the application fee shall be retained and the application shall be returned to the Applicant.

1. Six months after the date that the action is requested if the Applicant either fails to take action or fails to request an extension of time pursuant to Subsection C., below; or
2. Upon failure to timely provide requested information to make an application technically sufficient pursuant to Section 6-3-3-7, Application Sufficiency.

1. As part of the review process, the City may seek review and comment by referral agencies that have expertise in THE subject matter impacted by the application, or that have jurisdiction over one or more aspects of the proposed development. Referral agency comments are advisory to the City.
2. The Administrator may refer an application to any agency, jurisdiction, or department that the Administrator determines is likely to be materially affected by the application. The Administrator's determination regarding referrals is not appealable.
3. The agency referral period is 21 calendar days, which can be extended by up to 30 additional days by mutual consent of the Applicant and the Administrator.
4. Failure of an agency to respond within the prescribed time period (or extended period) is interpreted as consent by that agency to the contents of the application. However, such consent does not waive the authority of agencies which have concurrent jurisdiction with the City.

1. Six months from the date of denial in the case of administrative permits and landmark alteration certificates; and
2. 12 months from the date of denial for all other permits.

1. The application is not substantially similar; or
2. There has been a material change of circumstances that justifies consideration of a substantially similar application (by way of illustrative example, if a spacing requirement was the reason for the denial, then the use from which spacing is required moved away; or if a geologic hazard was the reason for the denial, then the nature of the hazard has changed or new technologies are available for mitigating it).

1. Interpretation of Approvals. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.
2. Transfer of Approval or Permit. Approvals and permit that are issued pursuant to this LUDC may be transferred to a subsequent buyer of the property for which the approval or permit was issued, unless the approval or permit is specifically designated as non-transferable by this LUDC or a condition of approval. Transferred permits shall continue to be valid for their full original terms, and the transferee may apply for an amendment to the approval or permit in the same manner as the original Applicant.

1. A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;
2. Development has commenced and is being diligently pursued toward completion;
3. For land use approvals, the approved use is established;
4. An extension is granted pursuant to Section 6-3-3-16, Extensions of Approvals; or
5. A development agreement provides for a different period for all or part of the development (e.g., a phasing plan). (See Division 6-3-16, Development and Public Improvement Agreements.)

1. Unless otherwise provided in the permit or approval, a hearing is required for:
   1. Extensions for terms that are longer than those which can be granted by the Administrator pursuant to Subsection D., above; and
   2. Second (and subsequent) extensions.
2. Extensions of public hearing permits and approvals pursuant to this Subsection shall be heard by the body which granted the original approval. Extensions of administrative permits and approvals pursuant to this Subsection shall be heard by the appropriate Board or Commission.
3. Extensions may be granted after hearing if it is demonstrated that:
   1. There is good and reasonable cause for the request; and
   2. The Applicant has provided reasonable assurances that it will perform (or cause to be performed) the work authorized by the permit or approval within the extended term.

1. If there is an appeal, litigation, or mediation during the time period that limits the Applicant's ability to use or develop land pursuant to a permit or approval granted by the City, then the term of the permit or approval shall be tolled for the duration of the appeal, litigation, or mediation, and the date shall be recalculated upon conclusion of the appeal, litigation, or mediation.
2. The new expiration date shall be established by adding the number of days that the approval would have remained valid before the appeal, litigation, or mediation commenced to the date the appeal, litigation, or mediation was concluded by:
   1. The expiration of the subsequent appeal period after final judgment or order in the initial appeal or litigation, or, if no appeal is available, after issuance of the final judgment or order; or
   2. The termination of mediation by resolution of the conflict or impasse.
3. This Subsection does not apply to litigation which is related to enforcement of a violation of this LUDC.

1. Completeness and Sufficiency Review. Completeness and sufficiency review shall be completed within seven calendar days of submittal of an application, unless the Administrator finds that the application is unusually complex, in which case the standard review periods set out in Section 6-3-3-6, Completeness Review, and Section 6-3-3-7, Application Sufficiency, apply.
2. Determination of Significance of Impact. Within seven days after determining that an application is complete, the Administrator shall consult with two designated members of the HPB with respect to any application for a landmark alteration certificate for alterations to buildings or special features, and shall then decide whether or not the proposed work would have a significant impact upon or be potentially detrimental to a landmark site or historic district.
   1. No Significant Impact. If the Administrator determines that there will be no significant impact or potential detriment, the Administrator shall issue a certificate to the Applicant and shall notify the HPB of such issuance.
   2. Board Referral. If the Administrator determines that the proposed work would create a significant impact or potential detriment, the Administrator shall refer the application to the HPB for a public meeting and shall promptly notify the Applicant of the referral.
3. Timing of Public Meeting. The HPB shall hold a public meeting on all applications for landmark alteration certificates (major) for new construction, removal, or demolition of a designated landmark structure or a structure within an historic district within 60 days after the completed application was filed.
4. HPB Review. The HPB shall determine whether the application meets the standards in Division 3-3-3, Additional Permitting Requirements for Historic Landmarks and Districts, and the HPB's established review standards for alterations.
5. HPB Decision. Within 30 days after the hearing date first set, unless otherwise mutually agreed upon by the HPB and Applicant, the HPB shall decide the application and adopt written findings and conclusions in support of the decision.
6. Conditions of Approval. When approving an application for a landmark alteration certificate, the City may impose a time limit for the Applicant to apply for a building permit conforming to the certificate. If a specific time limit is not established by the HPB, Section 6-3-3-15, Effect and Term of Approvals and Permits, shall apply.

1. Application(s) shall be submitted at least 10 days prior to the beginning of construction activities.
2. In support of the application, the Applicant shall submit all information required on the City's form(s) and any additional information requested by the city.
3. A separate application shall be required for each stormwater quality permit along with plans, specifications, and timing schedules for all earth disturbances.
4. Applications shall include a Stormwater Management Plan (SWMP) as described in Division 5-5-3, Stormwater Management Plans and Stormwater BMPs.

1. The Applicant's company name;
2. Address;
3. Telephone number;
4. Email address (if available);
5. Applicant's affiliation to project (i.e. property owner, developer, or contractor);
6. Local contact information;
7. Project name;
8. Project address;
9. Location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity;
10. Legal description or map of construction site;
11. Estimates of:
    1. The total area of the site,
    2. The area of the site that is expected to be disturbed, and
    3. The total area of the larger common plan of development or sale to undergo disturbance;
12. The nature of the construction activity;
13. The anticipated start date and final stabilization date for the project;
14. The name of the receiving water(s);
15. The SWMP for the construction site developed in accordance with Division 5-5-3, Stormwater Management Plans and Stormwater BMPs; and
16. The original signature of the Applicant, signed in accordance with Subsection __. of this Section.

1. Upon receipt of the additional information, the City shall have an additional 10 working days to issue or deny the permit.
2. If a permit is denied, the Applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the Applicant of what corrective actions must be taken to obtain a permit.
3. An Applicant may appeal the denial in writing to the City Manager no later than 30 calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the Applicant's appeal.
4. The City Manager shall, within 30 calendar days of receipt of an appeal, rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the City Manager's decision.

1. The inactivation notice form is available from the City and includes:
   1. Certification that the site has been finally stabilized with a description of the final stabilization method(s);
   2. Name and location for the construction site for which the inactivation notice is being submitted;
   3. The permittee's name, address, telephone number; and
   4. Permit certification number.

1. Certification under this permit may be transferred to a new permittee if:
   1. The current permittee has met all security requirements as outlined in this Section;
   2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
   3. The current permittee notifies the City, in writing, when the transfer is desired as outlined in this Section.
2. The notice of transfer form is available from the City and includes:
   1. Permit certification number;
   2. Name and location for the construction site for which the notice of transfer is being submitted;
   3. Identifying information for the new permittee;
   4. Identifying information for the current permittee; and
   5. Effective date of transfer.
3. If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the City and completion of the inactivation notice if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator shall obtain permit coverage separately.

1. The notice of reassignment of permit coverage form is available from the City and includes:
   1. Current permit certification number;
   2. Identifying information and certification as required by Subsection B., above, for the new permittee;
   3. Identifying information for the current permittee, revised site information, and certification for reassignment; and
   4. Effective date for reassignment.
2. If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be removed from permit coverage upon written notice to the City that the permittee has no legal responsibility, through ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator shall obtain permit coverage separately.

1. The permit, and / or certification under the permit, may be modified, in whole or in part, during its term for reasons determined by the City including, but not limited to, the following:
   1. Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance as specified in such effluent standard or prohibition), which are established under Section 307 of the Federal Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit;
   2. Materially false or inaccurate statements or information in the application for the permit;
   3. Obtaining a permit by misrepresentation or failing to disclose and fact which is material to the granting or denial of a permit or to the establishment of terms or conditions in the permit; and
   4. Violation of any terms or conditions of the permit.
2. The permit, and / or certification under the permit, may be modified, in whole or in part, due to change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as:
   1. Promulgation of water quality standards applicable to waters affected by the permitted discharge;
   2. Effluent limitations or other requirements applicable pursuant to the State Act or Federal requirements;
   3. Control regulations promulgated; or
   4. Other available information indicates a potential for violation of adopted water quality standards or stream classifications.
3. The permit, or certification under the permit, may be modified, in whole or in part, to include new effluent limitations and other appropriate permit conditions where data submitted, as outlined in this Section, indicate that such effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses.
4. At the request of the permittee, the City may modify the certification under the permit if the following conditions are met:
   1. The City finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification or amendment;
   2. Security requirements of Subsection U. of this Section have been met; and
   3. Fee requirements of Subsection V. of this Section have been met.

1. The permittee shall inform the City Engineer in writing of changes to the information provided in the permit application, including;
   1. The legal contact;
   2. The project legal description;
   3. The site map originally submitted with the application; and
   4. The planned total disturbed acreage.
2. The permittee shall furnish the City with any plans and specifications which the City deems reasonably necessary to evaluate the effect on the discharge, MS4, and receiving waters.
3. The SWMP shall be updated and implemented prior to the changes (see Section 5-5-3-1, Stormwater Management Plans).

1. The lot has been sold to the homeowner(s) for private residential use;
2. The lot is less than one acre of disturbed area;
3. All construction activity conducted by the permittee on the lot is completed;
4. A certificate of occupancy (or equivalent) has been awarded to the homeowner; and
5. The SWMP has been amended to indicate the lot is no longer covered by the permit.
6. Lots not meeting all of the above criteria require continued permit coverage. However, the coverage may be transferred (see Subsection G. of this Section) or reassigned (see Subsection H. of this Section) to a new owner or operator.

1. The prevention of damage to any public utilities or services within the limits or grading and along any routes of travel of the equipment;
2. The prevention of damage to adjacent property (no person shall grade land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any public or private property without supporting and protecting such property from settling, cracking, or other damage which might result);
3. Carrying out the proposed work in accordance with the approved SWMP and in compliance with all the requirements of the permit and this Section;
4. The prompt removal of all soil, miscellaneous debris, materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares, or any other non-authorized off-site location, during transit to and from the construction site, or otherwise, where such spillage constitutes a public nuisance, trespass, or hazard in the determination of the City Engineer or a court of competent jurisdiction; and
5. In addition to the actual construction activities, the following types of activities must be evaluated for the reasonable potential for contributing pollutants to runoff:
   1. Loading and unloading operations;
   2. Outdoor storage activities;
   3. Vehicle and equipment maintenance;
   4. Fueling activities;
   5. Significant dust or particulate generating processes; and
   6. On-site waste disposal practices.

1. The permittee shall report the following instances of noncompliance:
   1. Any discharge of stormwater which may cause an exceedance of a water quality standard;
   2. Any spill or discharge of hazardous substances or oil which may cause pollution of the MS4 or waters of the State; and
   3. Any noncompliance which may endanger health or the environment.
2. For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed information must be provided orally to the City spill reporting hotline (24-hour number for environmental hazards and chemical spills and releases: (970) 375-4800) within 24 hours from the time the permittee becomes aware of the circumstances.
3. For all other instances of noncompliance as defined in this Section, all needed information must be provided orally to the City within 24 hours from the time the permittee becomes aware of the circumstances.
4. For all instances of noncompliance identified here, a written submission shall also be provided within five calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of:
   1. The noncompliance and its cause;
   2. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
   3. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

1. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain compliance with the permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until the stormwater controls are restored or an alternative method of treatment / control is provided.
2. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

1. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
2. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
3. All temporary stormwater quality control measures shall be removed after work on the site has been completed and the measures are no longer needed.
4. Should any permittee and/or operator fail to adequately maintain the permanent stormwater quality control measures, retaining walls, structures, plantings, and other protective devices, or remove the temporary stormwater quality measures, the City may, after notifying the permittee and/or operator of the required maintenance and/or removal and the permittee and/or operator failing to perform such maintenance and/or removal, enter the affected property and perform, or cause to be performed, the required work and assess the charge for such work against the permittee and/or operator, in accordance with the procedure set out in this Section.  Should permittee and/or operator fail to make payment on such maintenance activities performed by the City, the City may place a lien on the property for such costs after 30 days.
5. For BMP maintenance information, see Section 5-5-3-4, Operation and Maintenance of Stormwater BMPs.

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternative to the bypass, such as the use of auxiliary treatment facilities (e.g. alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g. implemented additional BMPs) to prevent a bypass that occurred during normal periods of equipment downtime or preventative maintenance; and
3. The permittee submitted notices as required by Subsection J. above.

1. Authority.
   1. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of the permit;
   2. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or method required in the permit;
   3. To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or alleged violation;
   4. To enter upon the permittee's premises where a regulated facility or activity is located for the purposes of, but not limited to, installing, maintaining, and repairing structural or nonstructural BMPs deemed necessary by the City, the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE), or EPA to meet the requirements of this Section;
   5. To enter upon the permittee's premises where a regulated facility or activity is located for the purposes of conducting emergency environmental remediation in order to protect the public health; and
   6. When directed by the Administrator, the permittee and / or property owner shall promptly remove any temporary or permanent obstructions on the premises where a regulated facility or activity is located that prevents the safe and ready access to the premises. If the obstruction is not promptly removed, the City, Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE), and / or EPA shall have recourse to every remedy provided by law to obtain access.
2. Credentials.
   1. The Administrator and / or authorized representative(s) assigned to observing, inspecting, sampling, testing, installing, maintaining, and repairing shall carry credentials of his / her office. City identifying credentials shall be established by the City's Human Resources Department.
3. Liability.
   1. The Administrator and / or authorized representative(s), while acting for the City, are hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of their official duties.
   2. Any suit instituted against the Administrator and / or authorized representative(s), because of an act performed by the Administrator and / or his authorized representative(s) in the lawful discharge of his / her duties and under the provisions of this LUDC, shall be defended by the legal representative of the City until final termination of the proceedings. The Administrator and / or authorized representative(s), acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or due to any act or omission in the performance of their official duties.
   3. While performing the necessary work on private properties referenced in Subsection M.1. of this Section, the Administrator and / or authorized representative(s), bearing proper credentials, shall observe all safety rules established by the City and the permittee and/or property owner.
4. Compliance.  If the Administrator and / or authorized representative(s) have been refused access or entry is delayed to any premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of the permit, and the City is able to demonstrate probable cause that there may be noncompliance with this Section, any applicable EPA or Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE) water quality regulation, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section, or any order issued hereunder, or to protect the overall public health and welfare of the community, then the Administrator may seek issuance of a search warrant from any court of competent jurisdiction.

1. The permittee shall furnish to the City and / or the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE), within a reasonable time, any information which the City and / or the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE) may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under the permit, or to determine compliance with the permit.
2. The permittee shall also furnish to the City and / or Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE), upon request copies of records required to be kept by the permit.

1. All reports required for submittal shall be signed and certified by the permittee in accordance with the following criteria:
   1. In the case of corporations, by a principal or executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates;
   2. In the case of a partnership, by a general partner;
   3. In the case of a sole proprietorship, by the proprietor;
   4. In the case of a State or other public facility, by either a principal, executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates.
2. Changes in authorization. If an authorization under Section 4-3-1-4, Stormwater Quality Permit Requirement is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Section 4-3-1-4, Stormwater Quality Permit Requirement must be submitted to the City, prior to or together with any reports, information, or applications to be signed by an authorized representative.
3. Certification. Any person signing a document under Section 4-3-1-4, Stormwater Quality Permit Requirement shall make the following certification:
   1. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for knowing violations."

1. The amount of the security shall be based upon the estimated cost of the work required to ensure compliance with the permit's terms and conditions, and the requirements of this Section, including, but not limited to, erosion and sediment control BMPs, materials handling BMPs, and final stabilization measures.
2. Release of security. The security shall be released when the permit has been inactivated upon the City's determination that the permittee has successfully completed all required work and met all other requirements of this Section.

1. The issuance of the permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations.
2. Nothing in the permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation or regulation under authority granted by Section 510 of the Federal Clean Water Act.

1. The permittee must state what is confidential at the time of submittal.
2. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the City, but shall be kept confidential.
3. Any person seeking to invoke the protection of this Section shall bear the burden of proving its applicability.
4. This Section shall never be interpreted as preventing full disclosure of the effluent data.

1. No permits shall be required for the following:
   1. State or Federally owned lands;
   2. Agricultural use of land zoned rural/agriculture (RA);
   3. Grading or an excavation below finished grade for basements, footings, retaining walls, or other structures on plots of less than one acre in size unless required otherwise under Section 4-3-1-4, Stormwater Quality Permit Requirement;
   4. Gravel, sand, dirt, or topsoil removal, as authorized pursuant to approval of the Colorado Mined Land Reclamation Board, provided said approval includes an erosion control plan that meets the minimums specified by this Section;
   5. Sites smaller than one acre that are not part of a larger common plan of development or sale and which constitute an infill of an established older development within the City, unless required otherwise under Section 4-3-1-4, Stormwater Quality Permit Requirement; or
   6. Where the City Engineer certifies, in writing, that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation, will not interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way, will not present any hazard to any persons or property, and will have no detrimental influence upon the public welfare or upon the total development of the watershed.
   7. Even though no permits are required under a., b., c. and d., above, those operations and construction activities which are exempted from obtaining permits must comply with the rules and regulations concerning grading and erosion specified in this Section, and shall provide appropriate controls to retain soil erosion on the construction site.
2. Where it is alleged that there is an error or misinterpretation in any order, requirements, decisions, grant or refusal made by the City Engineer, the Administrator may appoint a Technical Hearing Board that shall have the power to hear specific applications and all complaints regarding the decisions of the City Engineer and to determine if the decisions of the City Engineer were based on a misinterpretation of the requirements of this Section and referenced criteria.  Whenever it is determined that an interpretation error was made, the case will be returned to City Engineer, along with the Board's recommendations on how the Engineer's decision could be modified to be made consistent with the provisions of this Section.

1. City of Durango stormwater quality permits are required for land disturbing activities between one and five acres as described in the permit requirements in Section 6-3-4-3, Stormwater Quality Permits; and
2. Land disturbing activities over five acres, or part of a larger common plan of development or sale to disturb more than 5 acres, must obtain permit coverage from the Colorado Discharge Permit System (CDPS).  A City stormwater quality permit may be required as described in the permit requirements of Section 6-3-4-3, Stormwater Quality Permits.

1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternate locations for the proposed use that are not subject to flooding or erosion damage.
7. The compatibility of the proposed use with existing and anticipated development.
8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.
9. The safety of access to the property in times of flooding for ordinary and emergency vehicles.
10. The end heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

1. Generally. Floodplain variances are limited as follows:
   1. A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
   2. A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   3. A variance shall only be issued upon:
      1. A showing of good and sufficient cause;
      2. A determination that failure to grant the variance would result in exceptional hardship to the Applicant; or
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
2. Exception for Historic Structures. A variance may be issued for the repair, reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed work will not preclude the structure's designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

1. The Applicant shall record all final plats and related documents.
2. The Applicant shall submit to the Department prior to recording:
   1. One original plat.
   2. Any required documentation in original form to be recorded, including, but not limited to, improvements agreement; power of attorney; easement or right-of-way dedication not shown on the plat; covenants, conditions and restrictions; evidence of incorporation of homeowners' / property owners' association; and deed(s) conveying property to the association to be recorded.
   3. Three identical reproducible final plat(s) with original signatures and four high-contrast copies of such plat. The original plat shall contain notarized signatures of the owner(s) of the property, lien holders, utility providers, and necessary surveyor's / engineer's signature(s) and corporate / registered seal(s), as required. All signatures on the original plat(s) shall be in India ink.
   4. One original of each related document to be recorded and high-contrast copies.
3. Within 15 calendar days following the submittal, Staff shall review the submitted plat and documents and upon completion of the Staff review for accuracy, and if there are no needed changes, Staff shall obtain the applicable signatures of public officials required on the final plat. The Department shall notify the Applicant that the plat and other related documents are ready to be recorded. The Applicant shall then record the plat and related documents at the office of the County Clerk and Recorder. A copy of all plats and all related documents with recording reception numbers thereon shall be submitted to the Department. Such recording shall occur within 30 days of the submittal of the final plat and related documents.
4. Upon recording of the plat, and in accordance with the conditions of the final approval regarding the timing of the completion of public improvements and project occupancy, applications for building permits may be submitted in accordance with the approved improvements agreement and the provisions of this LUDC.

1. Provides a palette of development styles and materials (as such, it addresses the design elements not the use or intensity of development);
2. Provides details of streetscape design and landscaping; and
3. May provide for specific modifications of the requirements of this LUDC in order to ensure that the development is a cohesive whole.

1. An application for pattern book approval shall accompany:
   1. All applications for approval of a traditional neighborhood development (TND); and
   2. All applications for approval of a mixed-housing neighborhood, which may also seek to deviate from minimum lot size, lot averaging, lot width, or setback requirements.
2. A Pattern Book must include all of the following elements:
   1. A description of each type of housing that is proposed.
   2. Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages, provided that the ranges are also specified.
   3. Standards for setbacks or build-to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format.
   4. Standards for yards or courtyards, if different from areas between required setback lines and lot lines.
   5. Standards for the design of each type of building (residential, nonresidential, and mixed-use) that is proposed in the development, which shall include:
      1. Architectural style / typology;
      2. Typical architectural elements for each style / typology; and
      3. Typical building materials for each style / typology.
   6. A collection of illustrative elevations for each architectural style / typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style / typology, which demonstrates diversity of architectural presentation.
   7. Standards for fences and walls, if different from those set out in Section 3-5-1-1, Fences and Walls.
   8. Standards for accessory buildings, if different from those set out in Article 3-2, Lot and Yard Standards; Building Height and Disposition.

1. Harmony. A pattern book shall present a palette of architectural styles that balances two continuums, both of which have ends that, at their extremes, are unattractive. The balance shall be struck between:
   1. Monotony and chaos; and
   2. Unity and interest.
2. Quality. Quality refers to the materials and care with which a building or environment is built, as well as its visual richness (e.g., details that are attractive to the resident or visitor). In order to ensure visual interest, a pattern book shall demonstrate the following:
   1. Dwelling units are designed to provide a unified appearance from the street, with all street-facing elevations (i.e., front façade and street side façade), having comparable treatment in materials, color, and trim.
   2. If masonry is used on a front elevation, it is also applied to side elevations in one or more of the following ways:
      1. Masonry returns to a break in the side elevation, such as a chimney, room projection, or projecting window area;
      2. An architectural return is applied to all corners so that the greater of 10 percent of the length of the side building wall or three feet is finished with masonry to the same height as the front facade;
      3. Quoins are used, if consistent with the architectural typology of the building;
      4. An architectural detail with a minimum width of 16 inches is applied, such as a pilaster that caps the masonry and the other material that completes the corner; or
      5. A wing wall screens the view of the side of the building from the street.
   3. Detached single-family homes will be articulated and detailed, and shall avoid undue imposition of building mass on the street.
   4. There is detailing of doors, windows, and their trim that carries around the buildings' sides, so that even if the trim is plain, there is a visual relationship to the general style and character of the front elevation.
   5. Front porches will be provided on all detached housing types.
   6. Outdoor living space will be provided for each unit on all townhomes and multifamily buildings.
   7. Utility meters will not be on street-facing elevations unless screened by vegetation or other approved screening.
3. Diversity. A pattern book shall demonstrate that one or more of the techniques below will be used to achieve harmony (a pattern book is not required to include all of these elements):
   1. Varied Housing Types at a Fine-Grained Scale. Multiple housing types are required, yet this requirement could result in areas or "pods" of each type, which has the potential to lead to monotony. Mixing types on a smaller scale, even having differing dwelling unit types in a block face, is a technique to reduce monotony and add interest.
   2. Varied Architectural Styles. Different architectural styles can be used to vary the appearance of buildings with comparable floor plans. The variations in architectural styles must be meaningful, but must not create a chaotic appearance. For this technique to be reviewed, a number of elements, including roof type and orientation, roof pitch, eave overhangs, windows, doors, and decorative elements, shall be specified for each architectural style that will be used in the development. The reference for architectural style is A Field Guide to American Houses by Virginia and Lee McAlester, et al. (Knopf 1984).
   3. Varied Floor Plans. If floor plans are meaningfully different, homes will look different. If floor plans are not meaningfully different, homes will often look monotonous. The differences in floor plans must significantly alter the width and shape in order to present a building volume or mass that is different. Such differences include, but are not limited to:
      1. Obvious changes in the width of the front elevation of the building;
      2. Different forms (rectangle, L, or X shapes), if the differences affect the front façade;
      3. Different numbers of stories; or
      4. Different symmetry (symmetrical or asymmetrical).
   4. Varied Gable Orientation. In many cases, a front or side gable roof can be constructed over the same floor plan. This change significantly alters the roof profile of the house, its front elevation massing, and may also alter the height of the roof peak.
   5. Varied Elements. A pattern book may demonstrate that architectural elements will be varied in a way that creates meaningful differences in building appearance. Such details may include trims, materials, color, window arrangement (grouping), window fenestration, doors, door lights, window and garage doors, porches, chimneys, bay windows, cupolas, towers, and balconies, as necessary to create the required variation. This technique is particularly useful when a single architectural style, or two very closely related styles (e.g., Prairie and Craftsman) are used in the development. A pattern book must include detailed elevations, lists of specific elements to be used, and an explanation of how the elements will be mixed to differentiate nearby buildings.
   6. Averaged Lot Width. Meaningful variation of lot width generally causes meaningful variations in building width and floor plan. A pattern book may show that street segments will include lots of varying widths, as follows:
      1. Three lot size categories for each type of housing are created, using a required average (e.g., 50 percent of the lots would be average, 25 percent small, and 25 percent large).
      2. The difference in frontage among the lot sizes should be in the range of 10 to 20 percent. For example, for an average 10,000 square foot lot that is 80 feet wide is 125 feet deep, the “small” lot could be 70 feet wide, and the “large” lot 90 feet wide. The resulting lots, all 125 feet deep, would have areas of 8,750, 10,000, and 11,250 square feet.
4. Light and Air. The pattern of development, and the open space available on each lot and for the community are such that adequate light and air are provided for residents.
5. Pedestrian-Orientation. A pattern book shall demonstrate that the residential areas of the development are designed for the comfort and convenience of the pedestrian with continuous sidewalks; tree-lined, traffic-calmed streets; and architecture that provides street-level interest and accessibility.

1. Designate as an historic landmark an individual structure or other feature or an integrated group of structures and features on a single lot or site having a special historical or architectural value, and designate a landmark site for each landmark;
2. Designate as an historic district an area containing a number of structures having a special historical or architectural value; or
3. Amend any ordinance designating an historic landmark or historic district.

1. Each ordinance adopted pursuant to this Section shall include:
   1. A description of the characteristics of the historic landmark or historic district which justify its designation;
   2. A description of the particular features that should be preserved; and
   3. A legal description of the location and boundaries of the historic landmark site or historic district.
2. The ordinance may also indicate alterations which would have a significant impact upon, or be potentially detrimental to, the landmark site or historic district.
3. Any designation, or amendment to a designation, pursuant to this Section shall be in furtherance of and in conformance with the purposes and standards of Article 3-3, Historic Preservation. The property included in any such designation, or amended designation, shall be subject to the controls and standards set forth in Article 3-3, Historic Preservation, and shall be eligible for such incentive programs as may be developed by the Historic Preservation Board and approved by the City Council.

1. Nomination.
   1. A nomination for designation, or a proposal for an amended designation, may be made by the Historic Preservation Board or by any citizen by filing an application with the Department.
   2. After such application, a representative of the Department and at least one member of the Historic Preservation Board shall contact the owner or owners of such proposed historic landmark or historic district, and provide an outline of the reasons for, and effects of, designation, and shall attempt to secure the consent of the owner or owners of the property that is nominated before the nomination is accepted as complete for review.
2. Historic Preservation Board Review with Owner's Consent. If the owner or owners consent to the nomination or proposed amendment, then:
   1. The Historic Preservation Board shall hold a public meeting on the proposal no more than 60 days after the filing of the application.
   2. At the public meeting, the Historic Preservation Board shall review the application for conformance with the established criteria for designation and with the purposes of Article 3-3, Historic Preservation.
   3. Within 30 days after the conclusion of the public meeting, but in no event more than 60 days after the meeting date first set (unless otherwise mutually agreed by the Historic Preservation Board, the Applicant, and the owner or owners other than the Applicant), the Historic Preservation Board shall either approve, modify and approve, or disapprove the application.
   4. Approval or approval with modifications shall require a majority vote of a present quorum of the Historic Preservation Board.
   5. If the proposal is approved or modified and approved, then the Historic Preservation Board shall refer the proposal and a copy of its report and recommendation to the City Council.
   6. If the proposal was initiated by the City Council, then the Historic Preservation Board shall notify the City Council immediately if the application was disapproved.
3. Historic Preservation Board Review without Owner's Consent. If the owner of the property nominated for designation does not consent to the nomination or proposed amendment, then:
   1. The Historic Preservation Board shall hold a public hearing on the proposal not more than 60 days after the filing of the application.
   2. Notice of time, date, and place of such hearing, and a brief summary or explanation of the subject matter of the hearing, shall be given by at least one publication in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing. In addition, at least 15 days prior to the hearing date, the Department shall:
      1. Post the property in the application so as to indicate that an historic landmark or historic district designation has been applied for;
      2. Mail written notice of the hearing to the record owners of all property included in the proposed designation at the mailing address on file at the La Plata County Assessor's office; and
      3. Proceedings in connection with the proposed designation shall not be invalidated by:
         1. Failure to send notice by mail to any property owner whose mailing address is not listed in the Assessor's records at the time the records are requested; or
         2. Failure of delivery by mail to any property owner whose mailing address is not current in the Assessor's records at the time the records are requested.
   3. At the public hearing, the Historic Preservation Board shall review the application for conformance of the proposed designation with the established criteria for designation and the standards of Article 3-3, Historic Preservation.
   4. Within 30 days after the conclusion of the public hearing, but in no event more than 60 days after the hearing date first set (unless otherwise mutually agreed by the Historic Preservation Board and the Applicant), the Historic Preservation Board shall either approve, modify and approve, or disapprove the proposal.
   5. Any approval (including modified approvals) shall require an affirmative vote of a supermajority of the membership of the Historic Preservation Board. If the proposal is approved or modified and approved, then the Historic Preservation Board shall refer the proposal and a copy of its report and recommendation to the City Council.
   6. If the proposal was initiated by the City Council, then the Historic Preservation Board shall notify the City Council immediately if the application was disapproved.

1. Timing of Public Hearing. The City Council shall hold a public hearing on any proposed designation within 30 days after the date of referral from the Historic Preservation Board with a recommendation of approval or approval with modifications. The City Council may also hear disapproved applications pursuant to Section 6-3-7-3, Appeal and Call-up of Disapproved Proposals.
2. Notice of Public Hearing. Notice of the hearing shall be given in all of the following ways:
   1. Notice of the time, date, place, and subject matter of the hearing shall be given by one publication in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing.
   2. The property shall be posted to indicate that an historic landmark or historic district designation is to be considered by the City Council at public hearing. The sign shall include the time, date, and place of the hearing.
3. Decision. Within 30 days after the conclusion of the public hearing, but in no event more than 60 days after the hearing date first noticed (unless otherwise mutually agreed by the City Council, the Applicant, and the owner or owners other than the Applicant) the City Council shall approve, modify and approve, or disapprove the proposed designation.
4. Exemptions of Specified Properties. Specified properties may be exempted from a designation pursuant to Section 6-3-7-4, Individual Exemptions.
5. Voting Requirements. Approval or modification and approval shall require the following vote counts:
   1. If the owner or owners of the property concent to the review, the affirmative votes of a majority of a present quorum of the City Council.
   2. If the owner or owners of the property do not consent to the review, the affirmative votes of four out of five members of the City Council.

1. Promptly notify the owners of the property included therein; and
2. Record a copy of the designating ordinance in the public records of La Plata County.

1. Private Parties. The owners of property proposed to be designated as an historic landmark, or all the owners of at least 50 percent of the separate parcels of property proposed to be designated as an historic district, may appeal an Historic Preservation Board decision to disapprove a proposal. Appeals are decided by the City Council.
2. City Council. The City Council may also call-up for review any decision to disapprove a proposed designation.

1. Appeal. An appeal is initiated by filing a notice of appeal with the City Council within seven days of the decision by the Historic Preservation Board.
2. Call-up. The City Council may call up any disapproved proposal for review by serving written notice to the Historic Preservation Board within 21 days of the Historic Preservation Board's decision.

1. Publication. Notice of the time, date, place, and subject matter of the hearing shall be given by one publication in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing.
2. Posting. The property shall be posted to indicate that an appeal of a disapproval of an historic landmark or historic district designation is to be considered by the City Council at public hearing. The sign shall include the time, date, and place of the hearing.
3. Mail. Notice of the appeal hearing shall be mailed at least 15 days prior to the hearing date to the record owners of all property included in the proposed designation.

1. Adopt specific written findings and conclusions to determine whether the designation meets the standards of Article 3-3, Historic Preservation; and
2. Shall approve by ordinance, modify and approve by ordinance, or disapprove the proposed designation.

1. Historic Preservation Board Recommendation.
   1. The HPB shall hold a public meeting on the proposal no more than 60 days after the filing of the application.
   2. At the public meeting, the HPB shall review the application for conformance with the review criteria set out in Subsection B., above.
   3. Within 30 days after the conclusion of the public meeting, but in no event more than 60 days after the meeting date first set (unless otherwise mutually agreed by the HPB and the Applicant), the HPB shall either approve, modify and approve, or disapprove the proposal.
   4. Approval or approval with modifications shall require a majority vote of a present quorum of the HPB.
   5. If the proposal is approved or modified and approved, then the HPB shall refer the proposal and a copy of its report and recommendation to the City Council. Upon the HPB's approval of an application to revoke a designation, the Administrator shall cause to be prepared a proposed ordinance that:
      1. Includes the legal description of the affected property; and
      2. Provides notice of the revocation.
2. City Council Decision.
   1. The Ordinance, prepared by the Administrator, shall be scheduled for City Council review within 30 days after the date of the referral from the HPB.
   2. Notice of the City Council hearing shall be given in all of the following ways:
      1. Notice of the time, date, place, and subject matter of the hearing shall be given by one publication in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing.
      2. The property shall be posted to indicate that an historic landmark or historic district designation is to be considered by the City Council at public hearing. The sign shall include the time, date, and place of the hearing.
   3. Decision to revoke a designation shall require a majority of a present quorum of the City Council.
3. Recordation. Upon adoption by the City Council, the Department shall record a copy of the revocation ordinance in the public records of La Plata County.

1. Designated historic landmarks;
2. Designated historic districts; and
3. Pending applications for designations, including their current status.

1. At least six months from the date of the final action on the original proposal if the proposal was appealed or called up pursuant to Section 6-3-7-3, Appeal and Call-Up of Disapproved Proposals; or
2. At least nine months from the date of the final action by the Historic Preservation Board if the disapproval was not appealed or called up.

1. Should the Administrator determine that the application, as submitted, is not complete, the Applicant shall be provided with written notice of the specific deficiencies within 15 business days of the initial submittal.
2. No further action, including approval, shall be taken on an application determined to be incomplete, until the specified deficiencies have been corrected to the satisfaction of the Administrator.
3. If the application is found to be complete, containing all required information and / or documentation, the Administrator shall:
   1. Review the application for compliance with applicable standards and requirements of this LUDC (this review may include a field inspection of the proposed site); and
   2. For applications for approval of minor oil and gas facilities, notify the Applicant regarding the estimated time that will be required to decide the application.

1. Minor Facilities.
   1. Written notice shall be provided to the current surface owners of the parcel(s) of land within which a minor facility is proposed to be located, as well as the current surface owners of those parcels of land within 250 feet of the proposed gathering line or within one-quarter mile (1,320 feet) of the wellhead, or other proposed minor facility easement boundary. The Applicant shall present proof of such notice by submitting a copy of the letter, a list of the land owners notified, and certified mail receipts. This notice shall be mailed no less than 10 days prior to the application being submitted to the Department.
   2. Notice of the application shall be made to:
      1. The current surface owner(s) of the parcel(s) of land within which the minor facility is proposed to be located; and
      2. The current surface owners of those parcels of land within 250 feet of the proposed gathering line or within one-quarter mile (1,320 feet) of the wellhead, or other proposed minor facility easement boundary.
   3. Notice is due to those identified in Subsection C.1.b. , above, who are indicated as owners for tax purposes in the current records of the La Plata County Assessor's office. A property owner shall receive notice if their property boundary is within a one-quarter mile (1,320 feet) from the point indicated as the wellhead (the wellhead is indicated by feet from section lines), or other proposed minor facility easement boundary and 250 feet from the point indicated as the center of the proposed gathering line.  Written notice shall be granted to the current surface owner(s) as well as surface owners of the parcels of land within one-quarter mile (1,320 feet) of the exterior boundary of the parcel(s) on which the wellhead is located prior to re-drilling any oil or gas well that does not trigger the requirement to submit Form 2A, Oil and Gas Location Assessment to the Colorado Oil and Gas Conservation Commission (COGCC). This notice is for informational purposes and does not confer any right of appeal under this Article. The notice shall be mailed no less than ten days prior to commencement of re-drilling activities at the wellhead and shall include the following information:
      1. A general description of the work to be performed during the re-drill.
      2. A good faith estimate as to the length of time (in days) it will take to complete the re-drill.
      3. The anticipated daily hours of operation for the equipment at the wellhead during the re-drill.
   4. The notice of the application for approval of a minor facility shall be in the form approved by the Administrator for this subcategory of oil and gas facility, and shall contain the following:
      1. A description of the proposed facility site location, including a legal description, as well as a street address for the site, if available;
      2. The identification of the Applicant and the Applicant's agent for the application, if any;
      3. The current business address and telephone number for the Applicant and the Applicant's agent, if one has been designated;
      4. A vicinity map per the specification of the Administrator and a brief description of the facilities and equipment proposed to be located at the site when operational;
      5. The submittal date of the application to the Department;
      6. A statement that comments from the parties receiving notice shall be submitted to the Department within 10 business days of the application submittal date;
      7. A statement concerning the City's need to enter property which is the subject of minor or major facility permit as follows: "For the purpose of implementing and enforcing the City's oil and gas regulations, City personnel and consultants, may, from time to time, need to enter the property which is the subject of a minor or major facility application";
      8. A statement that if there is a private entity (or entities) that maintains any private roads that access the proposed facility, that a designated representative contact the Applicant or agent; and
      9. A statement informing the surface owner(s) that within 15 days of the date of the notice, they may request written notification by the operator of the commencement of construction and commencement of drilling operations (if the application is approved). The current mailing addresses, website addresses, and telephone numbers for the Department and COGCC, as well as a statement that additional information on the application will be available from the Department.
   5. Written notice shall be granted to the current surface owner(s) as well as surface owners of the parcels of land within one-quarter mile (1,320 feet) of the wellhead prior to re-drilling any oil or gas well that does not trigger the requirement to submit a Form 2A Oil and Gas Location Assessment to the COGCC. This notice is for informational purposes and does not confer any right of appeal under this Article. The notice shall be mailed no less than 10 days prior to commencement of re-drilling activities at the wellhead and shall include the following information:
      1. A general description of the work to be performed during the re-drill.
      2. A good faith estimate as to the length of time (in days) it will take to complete the re-drill.
      3. The anticipated daily hours of operation for the equipment at the wellhead during the re-drill.
2. Major Facilities. Notice for major facilities shall be provided as required by Section 6-3-3-10, Public Notice. Mailed notice shall also be provided to any other person, agency, or organization that has filed a request with the Department to receive notice of major facilities undergoing public review.

1. The Applicant shall provide one form of the following security to ensure compliance with the mitigation requirements set out in the oil and gas regulations, and specific conditions of approval for minor facilities:
   1. The actual estimated cost to implement conditions of approval with a minimum of $7,500 performance security (bond, irrevocable letter of credit, or equivalent financial security acceptable to the City) for each minor facility (up to 15 facilities) subject to uncompleted conditions of approval (maximum $105,000); or
   2. $7,000 performance security for each minor facility for operators with more than 15 minor facilities subject to uncompleted conditions of approval (maximum $175,000). Conditions of approval covered by this performance security shall consist of mitigation measures addressing specific impacts affecting the general public and / or surface owners required by the applicable performance standards with regard to the City permit.
2. Specific minor facilities will be released from the performance security requirement after the Applicant demonstrates to the Department’s satisfaction that all conditions of approval have been met.
3. If the installation of plant and landscape materials is required as a mitigation measure, the performance security shall remain in place for two years after installation of the required plant or landscape materials.

1. Applicant Submits Evidence of Financial Resources. The Applicant shall submit satisfactory evidence of adequate financial resources to develop and complete improvements proposed or represented to the City. The Applicant shall provide an irrevocable letter of credit or other financial commitment deemed sufficient by the City to ensure that any improvements will be completed and / or reclaimed as proposed. The letter of credit or financial commitment shall be retained by the City for safekeeping.
2. Contents of Documents. The letter of credit or other financial commitment shall:
   1. Guarantee funds payable to the City equal to 120 percent of the total amount specified on the cost of improvements worksheet in the event of default of the Applicant;
   2. Upon default, as determined by the Administrator, the creditor shall pay the City, immediately and without further action, such funds as necessary to complete improvements or remove them and restore the site, as may be prudent, up to the limit of funds stated in the documents; and
   3. A letter of credit may not be withdrawn or reduced in amount until released by the City.
3. Responsibility of Applicant and Security Agency. The Applicant shall be liable for completion of all improvements as specified in the permit and according to the standards of the City, or for removal of incomplete improvements that are abandoned.

1. Generally. Should the information in the application and any accompanying documentation establish that the proposed minor facility will be constructed and operated in compliance with all applicable standards and requirements of the oil and gas regulations, then the Department shall issue an approval for the proposed minor facility.
2. Mitigation for Minor Facilities Requiring Special Mitigation Measures. Should the information in the application and any accompanying documentation establish that the proposed facility will be constructed and operated in such a manner that the land use impacts associated with the facility's noncompliance with the general standards of the oil and gas regulations are mitigated in accordance with the applicable mitigation standards and requirements, the Administrator shall issue written approval for the proposed minor facility.

1. Generally. Should the Administrator determine that the proposed minor facility will not or cannot be constructed and operated in compliance with all applicable standards and requirements of the oil and gas regulations, then the Administrator shall issue a written denial of the application, stating with specificity the grounds for the decision.
2. Mitigation for Minor Facilities Requiring Special Mitigation Measures. Should the Administrator determine that the mitigation plan for the facility does not meet the applicable standards and requirements, and the Applicant fails or refuses to provide satisfactory evidence that such a mitigation plan is not possible under the facility's specific circumstances, the Administrator shall issue a written denial of the application, stating with specificity the grounds for the decision.

1. Topographic characteristics of the site;
2. Duration of use of the facility;
3. Proximity of occupied structures to the facility;
4. Ownership status of adjacent and / or affected land;
5. Construction of adequate infrastructure to serve the project; and / or
6. Planned replacement and / or upgrading of facility equipment.

1. If the City Council finds, based upon competent evidence in the record, that compliance with the oil and gas regulations is impractical, a limited waiver may be granted, either permanently or for a period of defined duration.
2. If approval is for a period of defined duration, upon completion of the period, the application shall be considered again by the City Council at a duly noticed public hearing. The City Council, upon showing of good cause by the Applicant, may:
   1. Extend the limited waiver;
   2. Require that the facility be brought into compliance with the performance standards of the oil and gas regulations; or
   3. Revoke the limited waiver approval.

1. For purposes of this Section, an operational conflict exists where actual application of a condition of approval or regulation conflicts in operation with the State statutory or regulatory scheme, and such conflict would materially impede or destroy the COGCC's goals of fostering the responsible, balanced development and production and utilization of the natural resources of oil and gas in the State of Colorado in a manner consistent with protection of the public health, safety, and welfare, including protection of the environment and wildlife resources.
2. Additional City requirements in areas regulated by the COGCC, which fall within City land use powers, which are necessary to protect the public health, safety, and welfare under the facts of the specific application presented, which do not impose unreasonable burdens on the Applicant, and which do not materially impede the State's goals, shall be presumed not to present an operational conflict.
3. If the City Council finds, based upon competent evidence in the record, that compliance with the requirements of the oil and gas regulations will result in an operational conflict with the State statutory and regulatory scheme, a limited waiver may be granted, in whole or in part, but only to the extent necessary to remedy the operational conflict.
4. The City Council may condition the approval of a limited waiver as necessary to protect the public health, safety, and welfare by mitigating any adverse impacts arising from the grant of approval. Any such condition shall be designed and enforced so that the condition itself does not conflict with the requirements of the COGCC.

1. The Applicant shall submit a narrative, site plan, visual mitigation plan, and appropriate fees per the specifications established by the Administrator to carry out the oil and gas regulations. The Department shall have 10 business days to review the submittal. The activity described in the submittal will be granted administrative approval if it complies with the applicable performance standards.
2. As a condition of administrative approval, the Applicant shall provide written notice to the Department at least two business days prior to the commencement of any on-site work associated with the modification. In cases where the amendment would consist of the addition of a major facility, the amendment shall be processed as an application for approval of a major facility.  (See Table 6-3-2-3, Public Hearing Approvals and Permits.)

1. The Administrator may approve an application to reform a clerical or scrivener's error in a prior development approval, including an error in an application or notice, which error causes the zoning action not to accurately reflect the decision-maker's intent, and where it is demonstrated that:
   1. The correction does not include a change of judgment, policy, or prior intent of the decision-maker;
   2. The reformation of the development approval is essential to ensure that the documentation reflects the intent and decision of the decision-maker;
   3. The record, including, but not limited to, the Staff recommendation, minutes, and motion, evidences the clear intent of the decision-maker;
   4. The substance of the decision was clearly evident at the time of the decision, and there was no intent to deceive the public or the decision-maker on the part of the current Applicant at any time;
   5. Failure to approve the reformation would lead to an unjust result;
   6. The error in the development approval did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and
   7. Any errors related to public notice did not affect the legal sufficiency of the required notice.
2. In the alternative, the Administrator, within 30 days of the decision on an application for development approval, may correct a clerical or scrivener's error in the development approval if:
   1. The error is not related to public notice;
   2. The error causes the approval, as written, to inaccurately reflect the clear decision of the decision-maker; and
   3. The Administrator promptly notifies the applicant and the decision-maker regarding the corrections.

1. To encourage a pattern of development that enhances the landscape in a manner which could not otherwise be accomplished using a different zone, such that placement and construction of buildings, hard surfaces, paths, roads, retaining walls, and new tree, tend to enhance the structure, natural assets, and unique landforms which are already present;
2. To encourage major innovations in residential, commercial, recreational, and industrial development so that the demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to the development;
3. To relate the type, design, and layout of residential, commercial, recreational, and industrial development to the particular site, preserving the site's natural characteristics and resources in a manner which could not be accomplished using a different zone;
4. To implement changes in the technology of land development and service delivery which may not be anticipated by this LUDC, so that there are resulting public and private economic savings;
5. To provide for necessary commercial, recreational, and educational facilities conveniently located in proximity to residential uses;
6. To lessen the burden of traffic on streets and highways by internal trip capture, multimodal linkages, and transit-supportive development; and
7. To encourage integrated planning in order to achieve the above purposes.

1. A planned development (PD) zone approval constitutes a rezoning and an agreement between the City and the owner(s) of the PD property for the development of the property in accordance with specific conditions. These conditions of approval shall be filed at the Department, and recorded at the office of the County Clerk and Recorder after each phase (if there is more than one) of the review process and approval.

2. The use of the parcel, and the construction, modification, or alteration of any use or structures within a PD project shall be governed by the PD approval and related conditions, if any. The City may require that conditions of approval be setout within recorded covenants.

3. The Applicant / owner, any subsequent buyers, as well as entities created by the developer such as a homeowners' or property owners' association or an architectural review committee, are subject to the conditions of approval and terms of all recorded documents.

1. PD zones shall have a defined planning and design objective that is based on the locational context and / or natural assets of the proposed PD zone (e.g., the protection of a unique natural asset).
2. PD zones shall provide linkages to abutting development, if appropriate, and shall provide landscaped buffers along property lines in areas where such buffers are appropriate to ensure compatibility between the PD zone and the development on abutting property.
3. PD zones that are located within areas that are subject to design standards or guidelines or are in overlay zones shall be consistent with such standards or guidelines.
4. The development approved through the use of the PD zone must be of higher quality than would otherwise be achieved through the application of this LUDC. PD zones shall not be used to avoid the intent of requirements of this LUDC which provide for the protection or enhancement of community character or the reduction of development impacts on nearby properties without providing community benefit that more than offsets the impacts of the development allowed with a PD.