Durango City Zoning Code

1. Generally. Much of the land area of the City of Durango is already developed. As such, the application of new regulations to existing development is likely to create circumstances in which existing lot dimensions, density, intensity, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements of the new regulations. For existing lots or development (including uses, buildings, structures, and signs) that is / are "legally nonconforming" (as defined in Division 6-1-2, Types and Classes of Nonconformities), this Article sets out equitable rules for whether, when, and how the regulations of this LUDC apply.
2. EN Districts. The EN zones are intended to minimize nonconformities in established neighborhoods by making existing lots that were lawfully created "conforming."
3. Conversion of Nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not allowed to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses now prohibited in the same zone. This Article provides standards by which minor nonconforming uses (as defined in Section 6-1-2-1, Nonconforming Uses) can be made "conforming" through a public hearing process.
4. Reduction of Nonconformities. It is the policy of the City to encourage reinvestments in property that increase its value and utility and improve its aesthetics and environmental performance. Since bringing a developed parcel into full compliance with this LUDC may involve substantial costs (which could discourage reinvestment), Division 6-1-4, Incremental Compliance, provides a set of thresholds for determining when new construction or modifications to development trigger a requirement for increasing conformity with the various requirements of this LUDC.

Effective on: 7/1/2014

1. Generally. This Article applies to uses, accessory uses, buildings, structures, landscaping and buffering, signs, lighting, parking, and lots that were lawfully created or constructed but do not conform to the requirements of this LUDC.
2. Effect of Article. Nothing in this LUDC shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the City's Building Division prior to the effective date of this LUDC or subsequent amendment, provided that construction:
   1. Was commenced within 60 days after obtaining said building permit; and
   2. Work is proceeding diligently toward completion.
3. Changes of Ownership. Nothing in this Article shall be construed to affect or restrict changes in ownership, nor shall changes in ownership affect the application of any of the requirements of this Article.
4. Evidence of Status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this LUDC shall be submitted by the owner of the property or use upon request of the Administrator.
5. Exceptions to Article.
   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.)
6. Types of Nonconformities.
   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.
7. Regulation of Nonconformities. Division 6-1-3, Regulation of Nonconformities, sets out the standards for when nonconforming uses and nonconforming situations must be made conforming or, alternatively, terminated or removed. It also sets out the circumstances in which a nonconforming use or nonconforming situation may be restored or resumed after damage, destruction, or temporary cessation of the use.
8. Incremental Compliance. Division 6-1-4, Incremental Compliance, sets out the standards for determining when new construction or modifications to development trigger a requirement for increasing overall conformity with the various requirements of this LUDC, and how the nature and degree of such conformity is determined.
9. Conversion of Nonconformities. Division 6-1-5, Conversion of Nonconformities, sets out how to convert a nonconforming use to a conforming use using a conditional use process. Division 6-1-5, Conversion of Nonconformities, applies only to uses. Nonconforming buildings and structures may be made conforming using the variance process set out in Section 6-3-5-2, Variances.

Effective on: 7/1/2014

1. A.
   Generally. A nonconforming use is a use of land that was lawfully established (i.e., it was allowed and legally authorized, if legal authorization was required) on a parcel or lot before the effective date of this LUDC (or amendment hereto), but is no longer allowed after the effective date of this LUDC (or amendment hereto). The following uses are legally nonconforming uses:

   1. 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. a.
         Structures that were listed as principal uses prior to the effective date, which are currently regulated only as accessory structures, are either:

         1. i.
            Conforming structures; or
         2. ii.
            Nonconforming structures; and
      2. b.
         Accessory uses that were listed as principal uses prior to the effective date, which are currently regulated only as accessory uses are either:

         1. i.
            Conforming accessory uses; or
         2. ii.
            Nonconforming accessory uses.
   2. 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. a.
         Were lawfully established without a special or limited use permit; and
      2. b.
         Do not comply with the applicable special or limited use standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses.
   3. 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. 4.
      Uses in the Floodplain or Floodway. Uses that are not permitted in the floodplain or floodway, but:

      1. a.
         Were established in the floodplain or floodway before the prohibition; or
      2. b.
         Were established outside of the floodplain or floodway, but subsequently included in it after revision of floodplain or floodway boundaries.
   5. 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.
2. B.
   Conditional Use Exception. Uses that were established before the effective date of this LUDC (or amendment hereto) by conditional use permit are "conforming" if they are in compliance with their conditions of approval, regardless of whether they comply with the applicable standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses.
3. C.
   Classifications of Nonconforming Uses. There are two types of nonconforming uses: major and minor. The classification of the nonconforming use affects whether it can be converted to a conforming use. See Division 6-1-5, Conversion of Nonconformities.

   1. 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. a.
         Manufactured Home Parks;
      2. b.
         Marijuana Uses;
      3. c.
         Motor Vehicle Repairs and Service, Heavy;
      4. d.
         Self-Storage, Outside Access;
      5. e.
         Outside Storage;
      6. f.
         Salvage yards;
      7. g.
         Unused, nonfunctioning, or abandoned Wireless Telecommunications Facilities in any zone; and
      8. h.
         Other uses as may be determined by the Administrator.
   2. 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.

Effective on: 7/1/2014

Nonconforming density refers to a situation 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.

Effective on: 7/1/2014

1. Generally. Nonconforming accessory uses are accessory uses of land that were allowed prior to the effective date of this LUDC (or amendment hereto), but are not currently allowed under this LUDC due to either a prohibition on the accessory use, or due to design, intensity, spacing, or other standards of this LUDC that the existing accessory use does not meet.
2. Classification of Nonconforming Accessory Uses. There are two classes of nonconforming accessory uses: major and minor. The classification of the nonconforming accessory use affects whether it can be converted to a conforming accessory use. See 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.

Effective on: 7/1/2014

A nonconforming building is a building that was lawfully constructed prior to the effective date of this LUDC (or amendment hereto) that does not currently conform to the height, setbacks, building coverage, floor area ratio, building scale, spacing, and / or design standards that are applicable to the same type of building in the zone in which the building is located.

Effective on: 7/1/2014

A nonconforming structure is a structure other than a building that was lawfully constructed prior to the effective date of this LUDC (or amendment hereto) that does not conform to the standards that are currently applicable to the same type of structure in the zone in which the structure is located. The following are illustrative examples of nonconforming structures that do not comply with the applicable regulations of this LUDC:

Fences or walls that do not comply with the height, setback, or materials standards;

Wireless telecommunications facilities;

Swimming pools 

Structures that are located in floodplains, floodways, or open space areas.

Effective on: 7/1/2014

1. Generally. Nonconforming landscaping and buffering does not conform to the landscape and buffering requirements of Article 4-6, Landscaping and Buffering, or other provisions of this LUDC that require the designation of open space or landscape surface areas or the buffering of uses (see Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses).
2. Exceptions.
   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.)

Effective on: 7/1/2014

1. Generally. Any sign located within the City limits on the effective date of this LUDC that does not conform to the provisions of Article 3-6, Signs, or, if applicable, Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, is a "legal nonconforming" sign, provided it also meets the following requirements:
   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.
2. Existing Signs on Annexed Property. If land is annexed to the City after the effective date of this LUDC, any signs that do not conform to the provisions of this LUDC at such time shall have legal nonconforming status if:
   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.

Effective on: 7/1/2014

Nonconforming lighting is lighting that was approved or lawfully installed before the effective date of this LUDC, that is regulated by Division 4-3-2, Lighting, and that does not comply with the requirements of Division 4-3-2, Lighting. Public and private outdoor nonconforming lighting shall comply with the requirements of Division 4-3-2 on or before January 1, 2035 and shall comply with the following. 

1. A.
   New uses or structures, or change of use. Whenever the use of a property changes or a permit is required per Division 4-3-2, all outdoor lighting on the property shall be brought into compliance with standards of Division 4-3-2, Lighting, before the new or changed use commences or before January 1, 2035.  Section 6-1-4-4, Administrative Sliding Scale Compliance Requirements, sets out the levels of reinvestment in property that trigger additional compliance with the regulations set out in this LUDC. These levels of incremental compliance are applied in addition to the following alterations for nonconforming lighting.

   1. 1.
      Additions or alterations. The following standards apply to additions or alterations for properties located in zone districts whose lighting zones are Lighting Zones 1, 2 or 3 per Section 4-3-2-2 Outdoor Lighting Standards

      1. a.
         Major additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this section. For purposes of this section, an application meeting any of the following are considered major additions.:

         1. i.
            Additions of twenty-five percent (25%) or more in terms additional dwelling units, gross floor area of a principal use, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this Ordinance.
         2. ii.
            Single or cumulative additions, modifications, or replacement of twenty-five percent (25%) or more of installed outdoor lighting fixtures existing as of the effective date of this Ordinance.
      2. b.
         Minor modifications, additions, or new lighting fixtures.  

         1. i.
            All additions modifications, or replacement of less than twenty-five percent (25%) of outdoor lighting fixtures existing as of the effective date of this Ordinance shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. Any new lighting shall meet the requirements of Division 4-3-2, Lighting. 
         2. ii.
            Additions of twenty-five percent (25%) or less in terms of additional dwelling units, gross floor area of a principal use, seating capacity,  or parking spaces, either with a single addition or with cumulative additions after the effective date of this Ordinance, shall not be required to replace existing fixtures with fixtures compliant with Division 4-3-2, Lighting, however any new fixtures installed as part of the addition shall meet the requirements of Division 4-3-2, Lighting.
      3. c.
         Resumption of use after abandonment. 

         1. i.
            If a property with non-conforming lighting is determined to be abandoned for a period of one hundred and eighty (180) days or more, the Administrator or Building Official may require that all outdoor lighting shall be brought into compliance with Division 4-3-2, Lighting.
         2. ii.
            Plans for conforming lighting shall be included with a Site Plan or Building Permit submittal and shall be reviewed and approved by the City before any further use of the property is initiated.

Effective on: 12/4/2024

Nonconforming parking refers to parking spaces, parking aisles, loading areas, and bicycle parking facilities that do not conform to the requirements set out in Article 4-5, Parking and Loading; Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses (for uses that have special parking standards); Section 2-3-2-3, Accessory Dwelling Units; or Section 2-3-2-4, Business Use of the Home, in terms of their number or dimensions (including number and dimensions of disabled parking spaces and bicycle parking spaces).

Effective on: 7/1/2014

1. Generally. Nonconforming lots are lots that were lawfully created before the effective date of this LUDC or amendments hereto, but which no longer comply with the lot width, lot area, or access requirements of this LUDC. Nonconforming lots must be of record (e.g., created by recorded deeds or plats).
2. Exception. All lots within EN zones that were lawfully created before the effective date of this LUDC are conforming, regardless of their dimensions.

Effective on: 7/1/2014

1. A.
   Generally. This Section sets out the standards for when a nonconformity must be terminated, removed, or otherwise brought into compliance with this LUDC, and when it is allowed to be resumed, replaced, or restored after temporary cessation, destruction, or damage.
2. B.
   Nonconforming Uses.

   1. 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. a.
         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. b.
         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. 2.
      Oil and Gas Facilities.

      1. a.
         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. b.
         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. c.
         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. d.
         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.
3. C.
   Nonconforming Buildings, Structures, and Elements of Buildings or Structures.

   1. 1.
      If a nonconforming building or structure is damaged, destroyed, demolished, 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. a.
         The damage, destruction, or demolistion 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. b.
         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, destroyed, or partially demolished, 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, destroyed, or partially demolished; or
      3. c.
         Construction is not commenced in the time frames set out in Subsection C.2.c., below.
   2. 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. a.
         Due to the extent of the damage, the circumstances described in Subsection C.1.a. or C.1.b. do not exist;
      2. b.
         Nonconformity is not enlarged, increased, or extended; and
      3. c.
         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.
4. D.
   Nonconforming Landscaping or Buffering. Where landscape or buffering materials are destroyed or removed and such destruction or removal results in nonconformity (or increased nonconformity) with the planting requirements of Article 4-6, Landscaping and Buffering, then the landscape/buffer materials shall be replaced with comparable materials (i.e., deciduous trees, deciduous ornamental trees, evergreens, etc.) from the Approved Plant List (see Appendix D, Approved Plant List) such that the original nonconformity is not exacerbated.
5. E.
   Nonconforming Signs or Sign Elements.

   1. 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. 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. 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. 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. 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.

Effective on: 5/15/2026

1. Generally. A nonconforming use shall not be changed to another nonconforming use.
2. Effect of Change of Use.
   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.

Effective on: 7/1/2014

1. Generally. Repairs and modifications to nonconforming buildings, structures, landscaping and buffering, signs, lighting, and parking are permitted as provided in this Section.
2. Repairs and Alterations.
   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.
3. Expansion of Nonconforming Uses.
   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.
4. Nonconforming Density. Buildings on lots with nonconforming density may be expanded or extended as may be allowed by this LUDC, but such expansions or extensions shall not create additional dwelling units.

Effective on: 7/1/2014

1. Generally. Where a landowner owns several abutting lots that do not conform to the dimensional requirements of the zone in which they are located, they shall be combined to create fully conforming lots upon application for development approval. If full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
2. Exceptions. The City will not require the combination of lots pursuant to Subsection A., above, if:
   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).

Figure 6-1-3-4 Illustrative Combinations and Exceptions

In the illustration below, none of the lots are located in an EN zone, so the exception in Subsection B.5. does not apply. - Owner A owns three lots (shown in orange) that are nonconforming with respect to lot width: A Lot 1, A Lot 2, and A Lot 3. Owner A will have to combine A Lot 2 with A Lot 3 because doing so will bring the combined lot into compliance with the lot width requirement. However, Lot 1 will not have to be combined because: (1) is would not remove or materially mitigate the nonconforming lot width (Subsection B.1.); (2) it would create a through lot where no other through lots exist (subsection B.3.); and (3) it would result in an irregularly shaped lot if combined with A Lot 2 and A Lot 3 (subsection B.4.). - Owner B owns two lots (shown in green) that share an interior side lot line. Both are nonconforming with respect to lot width. Owner B will have to combine B Lot 1 with B Lot 2 because doing so will bring the combined lot into compliance with the lot width requirement. - Owner C owns two lots (shown in red) which are both developed with principal buildings. If the zone does not allow two principal buildings on a single lot, then C Lot 1 and C Lot 2 do not have to be combined because of Subsection B.2.

Effective on: 7/1/2014

1. Generally. A use that is permitted by Division 2-1-3, Use / Zone Matrices, may be established, continued, maintained, modified, enlarged, extended, or changed to other permitted uses even if other nonconforming situations are present, such as:
   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.
2. No Implied Exceptions.
   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.

Effective on: 7/1/2014

Any nonconforming structure or land expressly created or caused by a conveyance of privately-owned land to a Federal, State, or local government to serve a public purpose is conforming for the purposes of this LUDC, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other standards of this LUDC. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other routine development approvals.

Effective on: 7/1/2014

The purpose of this Division is to encourage reinvestment in existing buildings and properties by mitigating the costs of retrofitting existing buildings and sites to achieve full compliance with this LUDC. This Division does not relate to building code compliance or the construction standards that apply to public improvements and subdivision improvements.

Effective on: 7/1/2014

1. Generally. Nonconforming parking and loading areas are subject to the regulations of this Section.
2. Number of Parking Spaces.
   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.

Effective on: 7/1/2014

1. Generally. Nonconforming landscaping, buffering, and lighting are subject to the regulations of this Section.
2. Landscaping and Buffering.
   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
3. Lighting.
   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.

Effective on: 7/1/2014

1. Generally. Improvements to nonconforming situations shall not increase the level of nonconformity or create new nonconformities. Proposed improvements may also result in a requirement for bringing other aspects of a development into compliance with the requirements of this LUDC, as provided in this Section.
2. Sliding-Scale Requirements. Table 6-1-4-4, Administrative Sliding Scale Compliance Requirements, sets out the levels of reinvestment in property that trigger additional compliance with the regulations set out in this LUDC. The rows in the table are not necessarily exclusive of each other (e.g., a major expansion project may also involve parking lot improvements), so multiple requirements may apply. The standards of this Section are applied by the Administrator.

Effective on: 7/1/2014

1. A.
   Generally. The standards of this Section may be applied by the Community Development Commission in the alternative to the standards of Section 6-1-4-4, Administrative Sliding-Scale Compliance. This process shall be administered by referring a site plan or other proposed application for development approval to the Community Development Commission for simultaneous consideration.
2. B.
   Threshold Requirements. The standards of this Section may be applied only upon a finding that:

   1. 1.
      Except as allowed pursuant to Subsection C.2., below, the type of improvements proposed will not increase the level of nonconformity with respect to:

      1. a.
         The area of the property or building that is directly affected by the proposed improvements; or
      2. b.
         Any other aspects of the development (e.g., floor area increases that would result in increased nonconformity with respect to drainage, open space, or required parking are not allowed); and
   2. 2.
      The level of additional compliance that is required according to the standards set out in Section 6-1-4-4, Administrative Sliding-Scale Compliance cannot be achieved because:

      1. a.
         The geometry of the site will not accommodate the level of additional compliance that is required by Table 6-1-4-4, Administrative Sliding Scale Compliance Requirements; or
      2. b.
         The cost of achieving the level of additional compliance that is required by Table 6-1-4-4, Administrative Sliding Scale Compliance Requirements, is unreasonably disproportionate to the type of improvement that is proposed; and
   3. 3.
      If the proposed improvements will result in a building expansion that is more than five percent of the existing gross floor area, then major nonconforming uses will be discontinued as a condition of approval.
3. C.
   Standards. The Community Development Commission may establish the level of additional compliance that will be required as follows:

   1. 1.
      The level of additional compliance will be reasonably proportional to the level of investment in the property that is proposed.
   2. 2.
      The level of additional compliance that is required will address the planning priorities listed below, which are set out in descending order of priority. The priorities shall be considered in order of importance if it is not feasible or equitable to require that all of the priorities be addressed. To maximize the benefit of the required improvements with respect to the function and aesthetics of the site, the Community Development Commission may allow minor deviations from other LUDC requirements in order to promote more significant priorities (e.g., for some development, the Community Development Commission may determine that the need for landscaping and drainage improvements justifies a minor reduction in the number of parking spaces on the site).

      1. a.
         Resolving material public safety issues (e.g., improvements at points of access to prevent accidents on abutting streets, improvements to emergency access, improvements to internal circulation where dangerous conditions exist, mitigation of flood hazards, geologic hazards, or wildfire hazards, etc.).
      2. b.
         Achieving compliance with the Americans with Disabilities Act (ADA).
      3. c.
         Improving the water quality of stormwater runoff.
      4. d.
         Improving connectivity pursuant to Division 4-2-4, Access Management.
      5. e.
         Improving landscaping and buffering, as follows:

         1. i.
            Bufferyards between nonresidential and residential uses are first priority;
         2. ii.
            Parking lot landscaping is second priority;
         3. iii.
            Streetscape along arterials is third priority; and
         4. iv.
            All other landscaping is fourth priority.
      6. f.
         Increasing the number of required parking spaces, if:

         1. i.
            The property has less than the required number of parking spaces; and
         2. ii.
            The shortage of required parking is resulting in illegal parking or parking spillover onto nearby residential streets.
      7. g.
         Improving lighting, as follows:

         1. i.
            All new lighting shall comply with Division 4-3-2, Lighting, is the first priority;
         2. ii.
            Retrofitting existing lighting fixtures to full cut-off fixtures is the second priority; and
         3. iii.
            Requiring proportional lighting retrofits in the most visible areas of a site is third priority.
      8. h.
         Addressing deficiencies in site circulation, loading, and off-street parking space and parking aisle dimensions.

Effective on: 2/1/2024

Many minor nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In many instances, minor nonconforming uses are integral parts of the City's fabric, that is, its character and function, so their continuing existence promotes the City's policy of protecting its character and neighborhoods. In these instances, the classification "nonconformity" and resulting restriction on investment may not be what the community desires. As such, the use may be made "conforming" pursuant to this Division in order to remove the potential stigma associated with the "nonconforming" designation.

Effective on: 7/1/2014

1. Generally. An owner of a minor nonconforming use may apply for a conditional use permit which has the effect of making the nonconforming use conforming. The criteria for conditional use approval are set out in Section 6-1-5-3, Criteria for Approval.
2. Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Section 6-1-3-4, Combination of Nonconforming Lots.

Effective on: 7/1/2014

1. Generally. A conditional use approval may be granted to make a minor nonconforming use or a minor nonconforming accessory use conforming, if, in addition to the criteria for approval of a conditional use set forth in Section 2-2-2-2, Standards for All Conditional Uses, compliance with all of the criteria of this Section is demonstrated.
2. Minimal Nonconformity. The use or accessory use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's (or zone's if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:
   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.
3. Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operations of the use.

Effective on: 7/1/2014

1. Generally. Uses that comply with the terms of a conditional use permit issued in accordance with this Division are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the conditional use permit. Unlawful uses may not be made "conforming" under this Division.
2. Written Approval. Conditional use approvals shall be provided to the Applicant in writing and may be recorded by the Applicant at the Applicant's expense.
3. Annotation. Upon granting a conditional use permit and the Applicant's demonstration of compliance with any conditions placed upon it, the Administrator shall record the approval in the City's geographic information system files.

Effective on: 7/1/2014

1. Generally. The purpose of this Article is to:
   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.

Effective on: 7/1/2014

1. Generally. This Article describes various administrative roles of City Staff and establishes several Boards and Commissions.
2. City Staff. The administrative titles which are described in Division 6-2-2, City Staff, do not create new City Staff positions. Such titles are intended only to describe administrative roles, and are assigned to City Staff by the City Manager or designee. The City Manager may reassign such roles from time to time. Nothing in this LUDC shall be interpreted to prevent reorganization of departments. If departments are reorganized, the City Manager shall designate City Staff for each of the positions set out in Division 6-2-2, City Staff.
3. Council, Boards, and Commissions. Division 6-2-3, Council, Boards, and Commissions, establishes various Boards and Commissions, describes the qualifications for membership, and describes their roles and responsibilities. Where additional roles and responsibilities are not listed in this Division but are set out elsewhere in this LUDC, such additional roles and responsibilities are in addition to the roles and responsibilities set out in this Article.
4. Board and Commission Rules and Procedures. The Boards and Commissions that are described in this Article shall operate according to the rules and procedures set out in the Rules and Procedures for Boards and Commissions, as may be amended from time to time (this document is on file at the City). The Rules and Procedures for Boards and Commissions are established and amended at the discretion of the City Council and are not a part of the LUDC.

Effective on: 7/1/2014

1. A.
   Generally. The Administrator is the Director of the Community Development Department, or a designee.
2. B.
   Authority and Responsibilities.

   1. 1.
      Standards of Operation and Procedures. The Administrator is authorized to establish standards of operation and procedures for the Community Development Department which are consistent with the purpose of this LUDC, which may include, but are not limited to:

      1. a.
         Internal review and referral procedures; and
      2. b.
         The form and content of standardized application forms for the administration of this LUDC.
   2. 2.
      Maintenance of LUDC. The Administrator is authorized to maintain the LUDC as provided in Section 7-1-1-3, External References, and Section , Illustrations.
   3. 3.
      Inspections. The Administrator is empowered to enter any building, structure, or premises in the City upon which, or in connection with which, a development or land use is located, as follows:

      1. a.
         The entry shall be for the purpose of inspection to ensure compliance with the provisions of this LUDC;
      2. b.
         The inspection shall be carried out during business hours, unless an emergency exists; and
      3. c.
         The inspection shall be made only after contact with the owner and any tenant of the premises, whose permission for the inspection shall be secured. No inspection without permission shall be undertaken without an order from a court of competent jurisdiction.
   4. 4.
      Recommendations and Decisions. The Administrator is responsible for providing recommendations and decisions as set forth in Subsections C. and D., below.
3. C.
   Recommendations. The Administrator shall make a report and recommendations with regard to all applications for development approval, except those which are decided by the Administrator or other members of the City Staff as identified in this Division or elsewhere in this LUDC.
4. D.
   Decisions. As set out in Section 6-3-2-2, Administrative Approvals and Permits, the Administrator shall decide the following types of applications:
5. 1. 1.
      Temporary use permits;
   2. 2.
      Change of use permits;
   3. 3.
      Special use permits;
   4. 4.
      Limited use permits;
   5. 5.
      Design Review;
   6. 6.
      Alternative Compliance;
   7. 7.
      Alterations Certificates;
   8. 8.
      Minor oil and gas facility permits;
   9. 9.
      EN alternative compliance permits;
   10. 10.
       Fence / wall permits;
   11. 11.
       Sign permits;
   12. 12.
       Final plats;
   13. 13.
       Minor site plans;
   14. 14.
       Building and demolition permits;
   15. 15.
       Certificates of nonconformity;
   16. 16.
       Replats;
   17. 17.
       Final Development Plans;
   18. 18.
       Minor PD Amendments;
   19. 19.
       Proposed temporary concrete, mortar, and asphalt batching operations; and
   20. 20.
       The Administrator may refer items to the appropriate Board for review and recommendation, or decision, as warranted.

Effective on: 2/1/2024

1. Generally. The Floodplain Administrator is appointed by the City Manager.
2. Responsibilities. The Floodplain Administrator shall administer and implement Division 4-4-6, Floodplain Management and Flood Damage Prevention, by granting or denying use or floodplain development permit applications. Responsibilities of the Floodplain Administrator shall include, but not be limited to:
   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.
3. Recommendations. The Floodplain Administrator shall contribute to reports and recommendations of the Administrator with regard to proposed development in areas of special flood hazard.
4. Decisions. The Floodplain Administrator shall decide applications for Floodplain Development Permits. Approval of a Floodplain Development Permit may be shown by the Floodplain Administrator's annotation and signature on a building permit.

Effective on: 7/1/2014

1. A.

   Generally. The City Engineer, or a designee, thereof, is part of the staff of the Public Works Department.

2. B.

   Responsibilities. The City Engineer is responsible for promulgating an engineering construction standards manual, however titled, to specify the standards that will be applied to the construction of public infrastructure, including the specifications for traffic controls. In addition, the City Engineer is responsible for providing recommendations and decisions as set forth in Subsections C. and D., below.

3. C.
   Recommendations. The City Engineer shall make a report and recommendations with regard to the estimated cost of providing structured parking in the CB Zone, to serve as the basis for calculating a fee-in-lieu of a required parking space.
4. D.

   Decisions. The City Engineer shall review and decide the following types of applications or portions of applications:

   1. 1.
      Sureties for public infrastructure;
   2. 2.
      Requirement of traffic and utility studies;
   3. 3.
      Proposed construction material specifications;
   4. 4.
      Alternative hard-surfacing and pavements (e.g., for trails, sidewalks, driveways and parking areas);
   5. 5.

      Areas of public right-of-way for loading and unloading;

   6. 6.
      Modifications to standard right-of-way cross-sections;
   7. 7.
      Proposed intersection geometry (streets and alleys);
   8. 8.
      Building setbacks near alleys, to ensure safe maneuvering in the alley;
   9. 9.
      Traffic calming devices;
   10. 10.
       Requests to waive sight triangle or sight distance requirements;
   11. 11.
       Proposed curb cut, access spacing, width, number, and corner clearance;
   12. 12.
       Street crossings of 30 percent or greater slopes;
   13. 13.
       Alternative sidewalk cutouts;
   14. 14.
       Revocable right-of-way encroachment licenses;
   15. 15.
       Composite improvement plans;
   16. 16.
       Connections to the water and sewer systems;
   17. 17.
       Alternative locations and / or methodologies for utility placement; and
   18. 18.
       Daisy-chaining of sewer and / or water service.

Effective on: 10/22/2025

1. Generally. The Historic Preservation Officer is the Administrator or designee.
2. Responsibilities. The Historic Preservation Officer shall:
   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.
3. Recommendations. The Historic Preservation Officer shall make recommendations to the Historic Preservation Board regarding:
   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.
4. Decisions. The Historic Preservation Officer shall decide applications for:
   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.

Effective on: 7/1/2014

1. Generally. The City Council shall retain a City Archaeologist to serve and advise the City upon requests concerning any matters regarding archaeological and historical preservation.
2. Responsibilities. The City Archaeologist has the following responsibilities:
   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.
3. Recommendations. The City Archaeologist shall make recommendations with respect to decisions on applications for development approval which may affect important archaeological resources.

Effective on: 7/1/2014

1. Generally. The Director of Parks and Recreation is the Director of the Parks and Recreation Department, or a designee.
2. Responsibilities.
   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.

Effective on: 7/1/2014

1. Generally. The City Arborist is part of the staff of the Parks and Recreation Department.
2. Responsibilities.
   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.

Effective on: 7/1/2014

1. A.
   Generally. The City Manager shall appoint a Building Official to enforce the provisions of this LUDC, in accordance with Chapter 6, Building and Building Regulations, Durango Municipal Code.
2. B.
   Responsibilities and Decision-Making. The Building Official is responsible to and shall have the authority to enforce and interpret current building codes (residential, building, plumbing, mechanical, fuel gas, and energy) adopted by the City of Durango, provided that such decisions are in conformance with the intent of the codes.
3. C.
   Decisions. The Building Official is charged with permitting and inspections for construction of building projects, including but not limited to:

   1. 1.
      New construction;
   2. 2.
      Modifications and remodels of existing structures;
   3. 3.
      Moved structures into the City;
   4. 4.
      Demolition of buildings / structures; and / or
   5. 5.
      Administration of other ordinances adopted by the City or other departments with interest in building projects.

Effective on: 10/22/2025

1. Generally. The City Manager shall appoint Code Enforcement Officers to enforce the provisions of this LUDC, in accordance with Section 2-97, Code Enforcement Officers, Durango Municipal Code.
2. Responsibilities. Enforcement action involves the conduct of inspections, the issuance of warnings, written directions, citations, or summons to municipal court, in order to carry out the provisions of Article 6-4, Enforcement and Remedies of this LUDC.

Effective on: 7/1/2014

1. Generally. The Chicken Permitting Officer shall be the City Clerk or a designee, or any other office so designated by the City Manager.
2. Responsibilities and Decision-Making.
   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.

Effective on: 7/1/2014

1. A.
   Generally. The City Council of the City of Durango is established by the Durango Home Rule Charter.
2. B.
   Powers and Duties. The City Council reserves to itself all of the powers and duties with respect to the administration of the LUDC that are not assigned to City Staff in Division 6-2-2, City Staff; or by the Durango Home Rule Charter; or to Boards or Commissions created by the City Council or the Durango Home Rule Charter.
3. C.
   Decisions. The City Council makes the following decisions with respect to the administration of the LUDC:

   1. 1.
      Amendments to this LUDC; 
   2. 2.
      Amendments to the Official Zoning Map;
   3. 3.
      Approvals or permits listed in Table 6-3-2-3, Public Hearing Approval and Permits.
4. D.
   Appeals. These powers and duties include, but are not limited to: Hearing and deciding appeals of the Historic Preservation Board or Community Development Commission.

Effective on: 2/1/2024

1. A.
   Generally. There is hereby created and established a regulatory board to be known as the Durango Community Development Commission (CDC). In general, the purpose of the CDC is to monitor and help implement the policies set forth in the LUDC, as may be amended from time to time. Additionally, the CDC is formed for purposes of improving and enhancing the overall appearance and character of the City. CDC serves as a referral body and an appellate body with respect to the application of adopted design guidelines within the City. Finally, the CDC is established to fulfill Article VIII, Section 7 of the City Charter as they will "hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the council or by law."
2. B.
   Membership.

   1. 1.
      The CDC shall consist of seven regular members, appointed according to the Rules and Procedures for Boards and Commissions (see Appendix F). In addition, the Administrator, or designee, shall also serve as a nonvoting ex officio member.
   2. 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. 3.
      All members of the CDC must be bona fide residents of the City of Durango. If any member ceases to reside in the City, his or her membership on the CDC shall automatically terminate.
   4. 4.
      The City Council will make its best good-faith effort to appoint two members who are trained or have experience in the fields of architecture, landscape architecture, urban design, urban planning or similar / related fields.
3. C.
   Powers. The CDC is delegated the following powers:

   1. 1.
      Make studies and recommendations to the City Council regarding plans, goals, and objectives relating to land use, growth, development, and redevelopment of the City.
   2. 2.
      Develop and recommend to the City Council policies, ordinances, and administrative procedures, and other means for implementing adopted plans in a coordinated and efficient manner.
   3. 3.
      Conduct public meetings and hearings to review land use and development applications, consider the Administrator's recommendations and public comments, and:

      1. a.
         Decide the application if empowered to do so by this LUDC; or
      2. b.
         Formulate its own recommendations to forward to the City Council.  
   4. 4.
      Serves as a referral body and an appellate body with respect to the application of adopted design guidelines within the City, such as:

      1. a.
         To hear and decide applications for alternative compliance review (see Division 3-1-5, Alternative Compliance) that are referred by the Administrator. 
      2. b.
         To hear and decide appeals from decisions of the Administrator with respect to any of the standards of Article 3-1, Established Neighborhoods.
      3. c.
         To hear and decide applications for a Certificate of Design Compliance (see Division 3-4-2, Downtown Historic District Standards) that are referred by the Administrator. 
      4. d.
         To hear and decide appeals from decisions of the Administrator to deny or condition approval of a Certificate of Design Compliance. 
      5. e.
         To hear and decide applications for development approval which apply Division 3-4-3, Multifamily Design Standards, or Division 3-4-4, Commercial and Mixed-Use Design Standards, when such applications are referred by the Administrator.
      6. f.
         To hear and decide appeals from decisions of the Administrator to deny an application for development approval based on its failure to comply with Division 3-4-3, Multifamily Design Standards, or Division 3-4-4, Commercial and Mixed-Use Design Standards.
      7. g.
         To hear and decide appeals from decisions of the Administrator to deny a sign permit.
   5. 5.
      This commission will not serve as a referral or appellate body to applications or matters related to historic preservation design guidance, as described in Sec. 6-2-3-2, Historic Preservation Board.  
   6. 6.
      Serve as the Board of Adjustment (BOA) as described in the City Charter. When serving in this capacity, the CDC will:

      1. a.

          

         Hear and decide variances  as described in Division 6-3-5. 

         1. i.

            The CDC may hear a variance and land use and development application together by combining the two hearings if the Administrator determines combining the hearings serves the public interest.

      2. b.
         Utilize criteria found in Division 6-3-5 for hearing and deciding variances. 
      3. c.
         The CDC will utilize separate motions for each action and will not proceed with a land use and development application if the variance is denied.
      4. d.
         Decisions made by the CDC when serving as the Board of Adjustment are not subject to administrative appeal pursuant to LUDC Sec. 6-3-17-1 A.2.
   7. 7.
      Perform any other duties assigned by the City Council by resolution.
4. D.
   Decisions.  The CDC shall make the decisions shown in Table 6-3-2-3, Public Hearing Approvals and Permits.
5. E.
   Appeals. The CDC's powers and duties include, but are not limited to:  Hearing and deciding an appeal of the Administrator's interpretation or decision regarding:

   1. 1.
      Policy or land use;
   2. 2.
      An interpretation or decision regarding a density requirement or limitation as set out in this LUDC;
   3. 3.
      A staff interpretation or decision, including a request for a requirement or standard not mentioned in this LUDC; or
   4. 4.
      Any development/performance conditions required by the Administrator on a limited or special use permit.
6. F.
   Officers. The CDC shall select officers for designated terms consistent with the City of Durango Rules and Procedures for Boards and Commissions.
7. G.
   Staff. In addition to serving as a non-voting ex officio member, the Administrator, or a designee, shall serve as staff to the CDC.
8. H.
   Meetings. Public hearings of the CDC, as required, shall be regularly scheduled at least once a month, as needed. Other meetings may be held as deemed necessary by the CDC upon proper notice. At the request of the Applicant or Administrator, the CDC may review a project for early guidance if the Applicant or Administrator requests initial guidance or if there are preliminary site or design concerns prior to CDC decision or action on an application. Early project guidance shall not constitute official action or decision by the CDC.
9. I.
   Procedures, Quorum, and Voting.

   1. 1.
      The CDC shall operate according to the Rules and Procedures for Boards and Commissions (see Appendix F), and may adopt additional operating procedures that are consistent with such rules and procedures and this LUDC.
   2. 2.
      Establishment of a quorum and voting shall be according to the Rules and Procedures for Boards and Commissions (see Appendix F). A roll call vote shall be taken upon the request of any member.
   3. 3.
      A tie vote shall be deemed a denial of the motion or recommended action.
10. J.
    Advisory Committees. The City Council may establish or approve advisory committees and task forces to help the CDC carry out its planning responsibilities with respect to a particular subject or community area. Members shall be appointed by the City Council to serve as directed by the City Council. Such advisory committee or task forces shall advise the CDC and the City Council.

Effective on: 2/1/2024

1. Generally. There is hereby created and established a regulatory board to be known as the "Historic Preservation Board" (hereinafter HPB), which shall have principal responsibility for matters of historic preservation according to the powers and duties delegated to it in Subsection C., below.
2. Membership.
   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.
3. Powers. The HPB is delegated the following powers:
   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.
4. Decisions.  See Table 6-3-2-2, Administrative Approvals and Permits.
5. Procedures. The HPB shall operate according to the Rules and Procedures for Boards and Commissions (see Appendix F), and may adopt additional operating procedures that are consistent with such rules and procedures and this LUDC.
6. Staff. The Historic Preservation Officer (see Section 6-2-2-4, Historic Preservation Officer) shall serve as staff to the HPB.

Effective on: 12/6/2017

1. A.
   Generally. The Board of Adjustment is established pursuant to Article VIII, Section 7 of the City Charter. The Board of Adjustment is formed for purposes of considering variances and deciding appeals from Staff decisions, except those decisions that are specifically assigned to the Historic Preservation Board or Community Development Commission.
2. B.
   Membership.

   1. 1.
      The Community Development Commission (CDC), as defined in Section 6-2-3-2, shall serve as the Board of Adjustment (BOA) as needed to fulfill the Powers and Duties described below. 
3. C.
   Powers and Duties. The Board of Adjustment shall hear and decide:

   1. 1.
      Appeals from decisions of the Administrator, except those which are heard by the Historic Preservation Board or the Community Development Commission;
   2. 2.
      Petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land; and
   3. 3.
      Such other matters as may be required by the Council or by law.
4. D.
   Procedures. When it is necessary for the CDC to review the item as the BOA, the meeting agenda and supporting materials shall clearly state that the item being considered is under the purview of the BOA and that the CDC is serving in that capacity. 
5. E.
   Staff. The Administrator, or a designee, shall provide:

   1. 1.
      Assistance to the Board of Adjustment in its consideration of variances; and
   2. 2.
      A copy of the record and the decision on appeal to the Board of Adjustment in the case of appeals.

Effective on: 2/1/2024

1. Generally. The purpose of this Article is to consolidate and standardize the City’s development approval procedures.

Effective on: 7/1/2014

1. Generally. The Divisions of this Article apply as follows:
   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.

Effective on: 7/1/2014

Time requirements set forth in this LUDC shall be calculated by counting the day following the referenced action as "day one" and the last required day referenced (e.g., "day 15") as ending at the close of business hours of the Department on that numbered day.

Effective on: 7/1/2014

Approvals or permits are required for development in the City unless specifically exempted by this LUDC. The required approvals or permits are described in this Division.

Effective on: 3/20/2026

1. A.
   Generally. Administrative approvals and permits are issued by the Administrator without a requirement for a public hearing. Although no public hearing is required, some administrative approvals require public notice and opportunity for public comment, and others do not. The City Council hereby authorizes the Administrator to review and decide the approvals and permits set out in Table 6-3-2-2, Administrative Approvals and Permits. The Mayor's signature block shall be included on any final recordation of Administratively approved permits or plats on behalf of the Administrator. 
2. B.
   Administrative Approvals and Permits Established. The administrative approvals and permits that are required by this LUDC are set out in Table 6-3-2-2, Administrative Approvals and Permits. These approvals and permits are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

   1. 1.
      State or Federal law, including, but not limited to, the Clean Water Act, Clean Air Act, and the Endangered Species Act;
   2. 2.
      Adopted building codes (see Chapter 6, Durango Municipal Code);
   3. 3.
      Ordinances that require permits for activities in the public rights-of-way (see Chapter 21, Durango Municipal Code); or
   4. 4.
      Business licenses (see Chapter 13, Durango Municipal Code).

Effective on: 6/30/2026

1. A.
   Generally. Public hearing approvals and permits are issued by the City after compliance with all applicable requirements of this LUDC is demonstrated to the respective decision-maker(s) at a public hearing.
2. B.
   Public Hearing Permits Established. The public hearing approvals and permits that are required by this LUDC are set out in Table 6-3-2-3, Public Hearing Approvals and Permits. These approvals and permits are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

   1. 1.
      State or Federal law, including, but not limited to, the Clean Water Act, Clean Air Act, and the Endangered Species Act;
   2. 2.
      Adopted building codes (see Chapter 6, Durango Municipal Code);
   3. 3.
      Ordinances that require permits for activities in public the rights-of-way (see Chapter 21, Durango Municipal Code); or
   4. 4.
      Business licenses (see Chapter 13, Durango Municipal Code).

Effective on: 6/30/2026

1. Generally. The standard development approval procedures of this Division apply to all applications for approvals or permits that are set out in Division 6-3-2, Required Approvals and Permits.
2. Process.
   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.

Figure 6-3-3-1A Pre-Application and Application Phase

Figure 6-3-3-1B Substantive Administrative Review Phase

Figure 6-3-3-1C Public Hearing Review Phase

Effective on: 7/1/2014

1. Generally. It is the policy and practice of the City to decide applications only on the merits presented in the application, on-record public comments, and at public hearings (if public hearings are required). Therefore, ex parte communications are not allowed.
2. Timing. The prohibition on ex parte communications begins on the date of application and ends when the appeal period for an issued development order has expired.
3. Inadvertent Communications. It is not always possible to prevent ex parte communications. Elected and appointed officials who hear applications required by this LUDC shall not privately discuss the merits of a pending application or appeal. If a communication is received outside of the record (e.g., it is not in the application, agency comments, or public comments, nor was it presented at a noticed public hearing), then the member shall disclose the communication, including the speaker and the substance of the communication, on the record of the public hearing before the application is heard. The respecitve decision-maker or recommending body must base its decision only on the evidence presented on the record. The contents of the ex parte communication shall not be considered part of the record for decision-making unless the information in the communication is also presented at the hearing (other than through the required disclosure).

Effective on: 7/1/2014

1. Generally. A pre-application meeting is an opportunity for the Applicant to meet with City Staff before applications are filed, in order to:
   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.)
2. When Required. A pre-application meeting may be required for all application types listed in Division 6-3-2, Required Approvals and Permits, except: change of use permits, fence permits, sign permits, permits for home occupations, and chicken permits. Informal meetings may be scheduled prior to a pre-application meeting, at the discretion of the Applicant and the Administrator.
3. Meeting Logistics.
   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.
4. Meeting Materials.
   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.
5. Floodplain Determination. A floodplain determination is used to determine if some or all of a parcel proposed for development is located within an area of special flood hazard.
   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.
6. Pre-Application Meeting. Upon request by the potential Applicant, within 21 calendar days of the pre-application meeting, The Administrator, or a designee, shall provide the potential Applicant:
   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.
7. Courtesy Presentations. At the pre-application meeting, an Applicant may request an unofficial courtesy presentation of a proposed development concept or conceptual subdivision map in a design charrette process. Attendees will include appropriate staff, referral agencies, design professionals, and other persons identified by the Administrator or the Applicant.

Effective on: 7/1/2014

1. Generally. Every application for development approval required by this LUDC shall be submitted on a form approved by the Administrator, along with the corresponding application fee (which is established by resolution of the City Council, see Appendix A, Application Processing Fees). Applications shall include electronic versions of all attachments in a format approved by the Administrator, unless this requirement is waived by the Administrator.
2. Forms.
   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.
3. Schedule. The Administrator is authorized, but not required, to establish regular intake days and/or times or any or all classifications of applications for development approval, except sign permits and appeals.

Effective on: 7/1/2014

1. Generally. Fees shall be charged to offset the cost of application processing (including any application for amendments of existing approvals), reviews, public notices, hearings, and recordkeeping. Application fees to be charged by the City shall be established, from time to time, by resolution adopted by the City Council. (See Appendix A, Fee Tables.)
2. Recording Fees. Recording fees of the La Plata County Clerk and Recorder's Office shall be paid to the County by the Applicant at the time of recording.

3. 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.

4. Escrow for Consultant Review.
   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.

Effective on: 7/1/2014

1. Generally. The Administrator shall review all submitted applications for completeness. A complete application includes all of the materials required on the application forms, materials requested at the pre-application conference, any required professional certifications, and all fees and escrows required for application processing.
2. Schedule. Generally, all applications shall be reviewed for completeness within seven calendar days after an application is submitted. Applications for sign permits shall be reviewed within one business day.
3. Incomplete Applications.
   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.
4. Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.
5. Waiver of Application Requirements. The Administrator may waive any of the above requirements, except application fees, if it is obvious that they do not relate to the processing of the application for which the waiver is requested.

Effective on: 7/1/2014

1. Generally. All applications shall be technically sufficient for review, in that:
   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.
2. Insufficient Applications.
   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.
3. Sufficient Applications. Technically sufficient applications shall be processed according to the applicable standards and procedures of this LUDC.

Effective on: 7/1/2014

1. Generally. This Section is intended to extinguish applications that become stale due to inaction by the Applicant.
2. Expiration of Stale Applications. When an action by the Applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall become void:
   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.
3. Extension of Time. The time for expiration of an application may be extended by up to six additional months upon written request of the Applicant before the end of the period set out in Subsection B., above.

Effective on: 7/1/2014

1. A.
   Generally. Upon determination that an application is complete and sufficient, the Administrator shall cause the application to be reviewed for technical compliance with all applicable requirements of this LUDC, as follows:

   1. 1.
      Appropriate City staff shall review the application; and
   2. 2.
      The application shall be promptly referred to applicable referral agencies and individuals for review and comment pursuant to Section 6-3-3-11, Referrals and Public Comments.
2. B.
   Recommended Revisions.

   1. 1.
      The Administrator shall provide comments from City staff (Staff comments) and / or City consultants to the applicant. The Staff comments shall provide Staff and / or consultant input and address or include comments by referral agencies and interested individuals. The Applicant shall revise and resubmit the application with appropriate changes.
   2. 2.
      Upon receipt of the resubmittal, the Administrator may refer the application to referral agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments (or lack thereof), or require the agency's technical expertise for appropriate review.
   3. 3.
      The resubmittal shall not require an application fee unless both of the following conditions are met:

      1. a.
         The revisions are inappropriate or incomplete; and
      2. b.
         Repeated failure to address comments requires more than three rounds of revisions.
3. C.
   Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses the comments and recommendations provided pursuant to Subsection B., above (or, after finding that no revisions will be required):

   1. 1.
      If the application is for an administrative approval or permit (see Section 6-3-2-2, Administrative Approvals and Permits), then the Administrator shall approve, approve with conditions, or deny the application, as appropriate, subject to the following requirements:

      1. a.
         Sign and fence permits shall be decided, or request revisions per Subsection B above, within 10 calendar days of the date that they are deemed complete.
      2. b.
         Sign variances and Master Sign Programs (MSP) shall be placed on the next available agenda of the Community Development Commission and decided during the meeting in which they are presented, unless the Applicant agrees to a different schedule.
      3. c.
         Special use permits shall be decided, or request revisions per Subsection B above, within 30 calendar days of the date they are deemed complete, unless a longer period is agreed to by the Applicant.
      4. d.
         Limited use permits shall be decided, or request revisions per Subsection B above, within 30 calendar days of the date they are deemed complete, unless a longer period is agreed to by the Applicant.
      5. e.
         All other applications shall be decided, or request revisions per Subsection B above, within 30 calendar days.
   2. 2.
      If the application is for a public hearing approval or permit, then the Administrator shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval as set out in Section 6-3-2-3, Public Hearing Approvals and Permits. The recommendation shall reflect referral agency comments and public comments.
4. D.
   Meeting Logistics.

   1. 1.
      If the application is for a public hearing approval or permit, then the Administrator shall set the application on the agenda of the next body that will consider the application.
   2. 2.
      Generally, the application shall be heard during the next regular meeting of the body which meets the following three conditions:

      1. a.
         There is sufficient time to meet the public notice requirements of Section 6-3-3-10, Public Notice;
      2. b.
         There is available room on the agenda; and
      3. c.
         There is sufficient time for the City and referral agencies to review the project.
   3. 3.
      The Administrator shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings. Said bodies are authorized to convene special meetings to hear applications. See Appendix B, Rules and Procedures for Boards and Commissions, Article 7, Meetings.
   4. 4.
      The Administrator, or a designee, shall notify the Applicant regarding the time and place of the public hearings.

Effective on: 5/15/2026

1. A.
   Generally. For applications that require public notice, public notice shall be provided according to the standards of this Section.
2. B.
   Contents of Public Notice. Public notice shall include the following elements:

   1. 1.
      Public Notice. The phrase "PUBLIC NOTICE" at the top of the notice.
   2. 2.
      Nature of Application. A brief description of the type of application (e.g., rezoning from zone X to zone Y).
   3. 3.
      Date, Time, and Place of Hearing or Date of Decision.

      1. a.
         For applications that are subject to public hearing review, the date, time, and place of the hearing.
      2. b.
         For applications that are subject to administrative review, the earliest date that a decision on the application may be made.
   4. 4.
      Summary of Proposal. A brief summary of what the Applicant is requesting (e.g., approval of a 10,000 sf. commercial retail development).
   5. 5.
      Property Location. The physical address of the property, a statement that the legal description is on file, and for mailed notices, a location map of the property.
   6. 6.
      Opportunity to Review and Comment. A notice that the public has an opportunity to review and comment on the application within a specified time period; and that interested persons may obtain more information from the Department. If the application is for an administrative approval that is open for public comment (e.g., a special use permit or limited use permit), the notice shall also state that the application will be decided by the Department on or after the decision date, with no further opportunity for public comment.
   7. 7.
      Comment Deadline. The deadlines for submittal of written public comments on the application are set out in Section 6-3-3-11, Referrals and Public Comments.
   8. 8.
      Contact Information. The address and telephone number for the Department.
3. C.
   Types of Public Notice. Table 6-3-3-10A, Types of Public Notice, sets out standardized requirements for publication, posting, and mail notice that are used for different application types and different phases of the application process. The types of notice that are set out in Table 6-3-3-10A, Types of Public Notice, are used to establish notice requirements for each type of application in Table 6-3-3-10B, Required Public Notice by Application Type.

4. D.
   Type of Public Notice Required by Application Type. Table 6-3-3-10B, Required Public Notice by Application Type, sets out the notices that are required at each state of processing for each type of application for which notice is required. (See Table 6-3-3-10A, Types of Public Notice, for applicable requirements.)

5. E.
   Standards for Required Notices.

   1. 1.
      Publication. Published notice shall be printed in a newspaper of general circulation in the City of Durango.
   2. 2.
      Posting. Posted notice shall be on an approved sign provided by the City.
   3. 3.
      Mail. Mailed notice shall be delivered via first class U.S. Mail.

Effective on: 5/15/2026

1. A.
   Generally. Applications may be referred for additional review by agencies or consultants and may be reviewed by the public according to the procedures set out in this Section.
2. B.
   Inter-Jurisdictional Referrals.

   1. 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. 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. 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. 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.
3. C.
   Consultant Review. Upon notice to the Applicant, the Administrator may refer the application to consultants selected by the City, in order to obtain technical review and recommendations. The cost of such referrals shall be borne by the Applicant, as set out in Section 6-3-3-5, Application Fees.
4. D.
   Public Comment. Certain applications allow for public comment during administrative review. Unless the Administrator agrees to a longer comment period in response to a written request, the deadlines for public comment set out in Table 6-3-3-11, Comment Periods by Application Type, apply. The public comment period begins on the date of mailed notice. (See Section 6-3-3-10, Public Notice.)

Effective on: 5/15/2026

Public meetings and public hearings shall be carried out in accordance with the City's Rules and Procedures for Boards and Commissions, as may be amended from time to time. (See Appendix F, Rules and Procedures for Boards and Commissions.)

Effective on: 7/1/2014

1. Continuances. Requests for continuance by the Applicant of any proceeding called for in this Article may be granted at the discretion of the body holding the public meeting or public hearing. If granted, the Applicant shall pay all additional costs associated with the rescheduling of the proceeding.
2. Withdrawal. Any application may be withdrawn, either in writing or on the record, prior to or during the meeting or hearing at which the application is considered, provided that it is withdrawn before official action is taken on the application.

Effective on: 7/1/2014

1. Generally. It is the policy of the City not to hear successive applications for the same approval or permit after a substantially similar application is denied. The limitations of this Section prevent the consideration of successive applications.
2. Time Required Between Substantially Similar Applications. If an application for approval or permit is denied, a substantially similar application will not be accepted for:
   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.
3. Exceptions to Successive Application Restrictions. The Administrator may allow exceptions to this Section if one of the following is found:
   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).

Effective on: 7/1/2014

1. A.
   Generally. It is the intent of the City Council that development approved pursuant to this LUDC be carried out in a timely manner pursuant to the specifications, terms, and conditions of approval.
2. B.
   Effect of Approval or Permit.

   1. 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. 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.
3. C.
   Term of Approval or Permit. Approvals shall lapse upon expiration of the periods set out in Table 6-3-3-15, Term of Approvals and Permits, unless:

   1. 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. 2.
      Development has commenced and is being diligently pursued toward completion;
   3. 3.
      For land use approvals, the approved use is established;
   4. 4.
      An extension is granted pursuant to Section 6-3-3-16, Extensions of Approvals; or
   5. 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.)

Effective on: 11/16/2016

1. Generally. The term of approvals which expire according to Section 6-3-3-15, Effect and Term of Approvals and Permits, may be extended by written request according to the standards and procedures of this Section.
2. Timing of Application for Extension. Expired permits cannot be extended. Written requests for extensions shall be received not later than 30 days prior to the expiration of the permit. Untimely requests for extensions will not be granted unless it is demonstrated that extraordinary circumstances (e.g., an unusual severe weather event) justify the request.
3. Extensions for Extraordinary Circumstances. The City Council may, by resolution, extend the term of all permits and approvals City-wide or in designated areas of the City in response to extraordinary circumstances, such as flood, wildfire, landslide, or other natural or man-made disaster which makes it temporarily infeasible to commence or continue with construction. The period of such extensions shall be determined by the City Council.
4. Administrative Extensions. Unless otherwise provided in the permit or approval, the Administrator may grant one extension of any permit or approval for a period not to exceed the original term or 18 months, whichever is shorter. Such extensions may be granted upon timely written request with good cause shown.
5. Extensions after Hearing.
   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.
6. Extensions Pursuant to Permit or Approval Terms. If a method of extension is provided within a permit, or approval, or related development agreement between the Applicant and the City, then such method of extension shall supersede this Section with respect to said permit or approval.
7. Effect of Appeals, Litigation, or Mediation.
   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.

Effective on: 7/1/2014

1. Generally. An owner of property designated as a landmark or located in an historic district may apply for a landmark alteration certificate, including all information that the Historic Preservation Board (HPB) determines is necessary to consider the application, including without limitation, plans and specifications showing the proposed exterior appearance, with texture, materials, and architectural design and detail.
2. Procedure. The procedures set out in Division 6-3-3, Standard Development Approval Procedures, are modified as follows:
   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.
3. Extension of Review Period. When reviewing alteration certificate applications involving moving or demolition of a resource, the HPB may extend the review period up to 90 additional days if it finds the original application does not meet the standards in Section 3-3-3-4, Review Criteria for Relocation of Structures, or Section 3-3-3-5, Review Criteria for Demolition of Structures, as applicable, and the HPB's review standards for alterations. The 90-day extension period shall be used to encourage both the Applicant and the HPB to explore acceptable alternative solutions to the original submittal.

Effective on: 7/1/2014

1. A.
   Generally. The Department shall administer and implement the Floodplain Management Regulations (See Division 4-4-6, Floodplain Management and Flood Damage Prevention) by granting or denying use or development permit applications in accordance with the provisions contained in this Section. This Section also includes mandatory record keeping and analysis requirements for permit processing.
2. B.
   Application Review. The Floodplain Administrator shall review:

   1. 1.
      All applications to determine that the floodplain management regulations apply.
   2. 2.
      All development permits to determine if the proposed development is located in the floodway. If it is located in the floodway, ensure that the encroachment provisions are met.
   3. 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.
3. C.
   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 Department 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 and prepared by Federal or State governmental agencies in order to administer the provisions of the floodplain management regulations.
4. D.
   Information to be Obtained and Maintained. The Department shall:

   1. 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. 2.
      For all new or substantially improved floodproofed structures:

      1. a.
         Verify and record the actual elevation, in relation to mean sea level; and
      2. b.
         Maintain the floodproofing certifications required by Division 4-4-6, Floodplain Management and Flood Damage Prevention.
   3. 3.
      Maintain for public inspection all records pertaining to the floodplain management regulations.
5. E.
   Alteration of Watercourses.

   1. 1.
      The Department shall notify adjacent communities and the Colorado Water Conservation Board (CWCB) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration (FIA).
   2. 2.
      The Department shall require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished.
   3. 3.
      For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the following standards apply:

      1. a.
         Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration, and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.
      2. b.
         Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.
      3. c.
         Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations, and ordinances.
      4. d.
         Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.
      5. e.
         All activities within the regulatory floodplain shall meet all applicable Federal, State, and City of Durango floodplain requirements and regulations.
      6. f.
         Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions of the floodway resulting from the project (otherwise known as a "No-Rise Certification"), unless the community first applies for a Conditional  Letter of Map Revision (CLOMR)  and floodway revision.
      7. g.
         Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.
6. F.
   Interpretation of Flood Area Boundaries. The Department 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 6-3-17-7, Special Rules for Appeals of the Application of Floodplain Management Regulations.
   .
7. G.
   Areas with Undesignated Floodways. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half (0.5) foot at any point within the community.
8. H.
   Establishment of Development Permit. For the purposes of the floodplain management regulations, a building permit shall constitute a floodplain development permit. Such development permit shall be obtained and the procedures of this Section followed before construction, or any other development begins within any area of special flood hazard established by Subsection C., above, or Section 4-4-6-4, Application.
9. I.
   Subdivisions and Rezonings. When a development involves subdivision or rezoning, the Applicant shall submit to the Department the information required in this Section, in addition to and at the same time as the required subdivision or rezoning submittals. The Community Development Commission and City Council shall then take this information into advisement when considering any application. Actual compliance with this Section and determination of any adverse effects shall be made by the Department. The information required in such applications shall include, but not be limited to:

   1. 1.
      A map showing:

      1. a.
         The existing and proposed stream and channel;
      2. b.
         The area to be occupied by the proposed development; and
      3. c.
         Any related flood elevations, water surface elevations, and base-flood elevations.
   2. 2.
      Basic site plan drawn to scale, showing:

      1. a.
         The nature, location, dimensions, and elevations of the area in question;
      2. b.
         Location, dimensions, and elevations of existing and proposed structures, parking areas, streets and pathways;
      3. c.
         The elevation of the lowest floor (including basement) of all structures in relation to mean sea level. Where the lowest floor is below grade on one or more sides, the elevation of the floor immediately above shall also be included;
      4. d.
         Existing and proposed ground contours or elevations;
      5. e.
         The boundaries of any flood hazard areas;
      6. f.
         The existing and proposed zoning of the property, if applicable;
      7. g.
         Nature of existing and proposed vegetation on the site; and / or
      8. h.
         Elevation in relation to mean sea level to which any existing or proposed structure has been or will be floodproofed.
   3. 3.
      Specifications for building construction and materials, filling, dredging, grading, channel changes, storage of materials and their type, water supply systems, and sanitary facilities.
   4. 4.
      A description of:

      1. a.
         Any construction activity which would affect the hydraulic capacity of the floodway;
      2. b.
         The extent to which any watercourse will be altered or relocated as a result of proposed development; and
      3. c.
         Proposed floodproofing measures.
   5. 5.
      Satisfactory evidence that the Applicant has adequately coordinated with upstream, downstream, or adjacent communities and sites adversely affected by any development, fill, encroachment, alteration, or relocation of a watercourse.
   6. 6.
      Other material, such as detailed floodplain studies, which may be required by the Department to adequately review a development permit or an application.
   7. 7.
      Certification by a professional engineer or architect that the proposed floodproofing methods for any nonresidential structure meet the floodproofing criteria in Division 4-4-6, Floodplain Management and Flood Damage Prevention.

Effective on: 2/1/2024

1. Stormwater Quality Permit Requirement. It shall be unlawful for any person to conduct any land disturbing activity without first obtaining a stormwater quality permit under the conditions set out in Section 4-3-1-4, Stormwater Quality Permit Requirement.
2. City Permit Application. Persons required to obtain a stormwater quality permit shall complete and file an application with the City, on a form prescribed by the City (see Subsection C below), in accordance with the requirements of this Section.
   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.
3. Format of City Application. The application requires, at a minimum, the following:
   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.
4. City Permit Issuance / Denial. The City shall have up to 10 working days after receipt of the application to request additional information and/or to deny the permit.
   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.
5. Inactivation Notice. When a site has been finally stabilized in accordance with Section 5-5-3-5, Final Stabilization, and the SWMP, the permittee must submit an inactivation notice on a form prescribed by the City that is signed in accordance with Subsection_. of this Section.
   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.
6. Transfer of Permit. When the responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall submit a completed notice of transfer and acceptance of terms of a stormwater quality permit certification on a form prescribed by the City that is signed in accordance with Subsection S. of this Section.
   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.
7. Reassignment of Permit. When a permittee no longer has control of a specific portion of the permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed notice of reassignment of permit coverage form prescribed by the City that is signed in accordance with Subsection T. of this Section.
   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.
8. Modification, Suspension, or Revocation of Permit.
   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.
9. Amending the Permit Certification.
   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).
10. Sale of Residence to Homeowners. For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in 1-5, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee's certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of the permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification.
    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.
11. Responsibility of the Permittee. During construction activities, the permittee shall be responsible for:
    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.
12. Noncompliance Notification.
    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.
13. Submission of Incorrect or Incomplete Information. The permittee failed to submit any relevant facts in a permit application; submitted incorrect information in a permit application or report to the City; or relevant new information becomes available; the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted.
14. Reduction, Loss, or Failure of Stormwater Controls. The permittee has the duty to halt or reduce any activity, if necessary, to maintain compliance with the permit requirements.
    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.
15. Proper Operation and Maintenance. The permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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.
16. Bypass. A bypass, which causes effluent limitations (i.e. requirements to implement BMPs in accordance with Section 5-5-3-1, Stormwater Management Plans, and Section 5-5-3-4, Operation and Maintenance of Stormwater BMPs) to be exceeded is prohibited, and the City may take enforcement actions against a permittee for such a bypass, unless:
    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.
17. Inspections and Right of Entry. The permittee shall allow the Administrator, Director of the State Water Quality Control Division, the EPA Regional Administrator, and / or their authorized representative(s), upon the presentation of credentials
    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.
18. Duty to Provide Information.
    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.
19. Permit violations. Failure to comply with any terms and / or conditions of the permit shall be a violation of this permit. Remedies for noncompliance are included in Section 6-4-2-7, Stormwater Permit Violations and Enforcement.
20. Signatory Requirements.
    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."
21. Security requirements. As a condition for the issuance of a stormwater quality permit, Applicants shall be required to provide security in the form of cash, cashiers check, performance bond, or an irrevocable letter of credit.
    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.
22. Establishment of Fees. The City Council shall, by resolution, establish all fees and charges deemed necessary by the City to implement the requirements of this Section.
23. Legal responsibilities.
    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.
24. Severability. The provisions of this permit are severable.  If any provisions of this permit, or the application of any provision of the permit or any circumstance, are held invalid, the application of such provision or other circumstances and the application of the remainder of the permit shall not be affected.
25. Confidentiality. Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System (CDPS) Regulations, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the City.
    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.
26. Variances and Exceptions.
    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.

Effective on: 7/1/2014

1. The City has been designated by the State as a Qualifying Local Program.
2. Under this designation, small construction sites (at least one acre but less than five acres of land disturbing activities) are automatically covered under the State's general permit for construction activities and do not need to obtain permit coverage from the Colorado Discharge Permit System (CDPS). Applicable permit requirements include:
   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.
3. Full permit applicability. The Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE) may require any operator within the jurisdiction of the City's stormwater quality permit system to apply for and obtain coverage under the full requirements of the CDPS general permit for stormwater discharges associated with construction activity.

Effective on: 7/1/2014

1. A.
   Purpose. This section is established to implement the “fast-track approval process” for qualified and substantial affordable housing projects as defined in C.R.S. § 29-32-105(2), also known as Proposition 123. It is the intent of the City to implement the affordable housing development objectives of Proposition 123 and to maximize state funding that may be available under its terms.

2. B.
   Applicability. An application for development approval or permit is eligible for Fast Track Review, as described further in subsection C., below, when it meets both of the following criteria:

   1. 1.
      The application is for an approval or permit type marked “Yes” in the Fast Track Review column in Table 6-3-2-2, Administrative Approvals and Permits or Table 6-3-2-3, Public Hearing Approvals and Permits, except as modified by subsection E., below.
   2. 2.
      The application is for a residential or mixed-use development where fifty percent (50%) or more of the residential units are prioritized workforce housing, except as modified by subsection E., below.

3. C.
   Fast Track Review. Applications undergoing Fast Track Review shall be given priority over other projects in the development review process and shall be approved, approved with conditions, or denied within ninety (90) days of determination of completeness and technical sufficiency as defined in Sections 6-3-3-6, Completeness Review, and 6-3-3-7, Application Sufficiency, subject to allowable extensions found in subsection D., below.

   1. 1.
      In the context of this section, priority means giving preference to review of a Fast Track Review application over review of non-Fast Track Review applications. The following may apply:

      1. a.
         Upon determination that an application is complete and technically sufficient, a public hearing of the Fast Track Review application shall be scheduled if needed; and
      2. b.
         If an application is continued by the approval authority, the applicant shall be given preference on the next available hearing date.
   2. 2.
      All applicants seeking Fast Track Review are required to request and attend a pre-application meeting as described in Section 6-3-3-3, Pre-Application Meeting. Development permit applications otherwise eligible for Fast Track Review that did not complete a pre-application meeting will be considered incomplete.
   3. 3.
      To the extent possible and reasonable, the applicant shall be given concurrent review and approval of separate permits and applications.
   4. 4.
      An applicant may opt out of Fast Track Review with a written request to the Administrator.
4. D.
   Allowable Extensions.

   1. 1.
      An applicant may request, in writing, a one-time ninety (90)-day extension to the review period.

      1. a.
         The City shall respond to the applicant within five (5) business days acknowledging the extension request.
   2. 2.
      The City shall grant extensions as needed for compliance with state law or a court order, or for a review period required by another local government or agency that has approval authority over an aspect of the application.
   3. 3.
      At the discretion of the City, the City may offer one or more thirty (30)-day extensions to allow for the submission of additional information or revisions to an application in response to requests from the City.

      1. a.
         The City shall promptly notify the applicant of the City’s intent to extend the review period.
      2. b.
         The applicant shall respond to the City within five (5) business days acknowledging the extension notice. Failure to acknowledge the extension within the prescribed time period will be taken by the City as acceptance of the proposed extension.

5. E.
   Expansions of Fast Track Review Eligibility to Additional Projects. The Administrator may expand eligibility for Fast Track Review to additional projects, beyond those identified as eligible in subsection B., above, via the procedure described below. All such Administrator determinations must serve the purposes of an adopted City plan or policy.

   1. 1.
      Finding of sufficient capacity. Before expanding eligibility for Fast Track Review, the Administrator shall make a finding that the Department has sufficient capacity to process additional applications via Fast Track Review.
   2. 2.
      Determination of eligible project characteristics. The Administrator shall specify what applications will be eligible for expanded Fast Track Review with reference to any combination of the following parameters:

      1. a.
         Additional permit types. Applications for any of the permit and approval types marked with “AD” in the Fast Track Review column of Table 6-3-2-2, Administrative Approvals and Permits, or Table 6-3-2-3, Public Hearing Approvals and Permits.
      2. b.
         Additional income ranges. Applications for projects containing residential units affordable to higher income ranges than prioritized workforce housing but not exceeding the income ranges of attainable housing.
      3. c.
         Lower percentages of qualifying housing. Applications for projects including a percentage of prioritized workforce housing less than fifty percent (50%) but no less than ten percent (10%).
   3. 3.
      Notification.

      1. a.
         The Department shall notify the Community Development Commission and City Council of all expansions of Fast Track Review eligibility at each the next available agendas.
      2. b.
         The Department shall post all Administrator determinations made pursuant to this subsection and the list of current parameters that qualify a project for Fast Track Review on the City’s website.
   4. 4.
      Recission. The Administrator may rescind or otherwise withdraw expanded Fast Track Eligibility upon a finding that the Department no longer has sufficient capacity as described in subsection E.1., above, or that an existing Administrator determination no longer serves the purposes of an adopted City plan or policy. The Administrator shall not withdraw Fast Track Review eligibility from applications that meet the criteria found in subsection B., above.

Effective on: 6/30/2026

1. Procedures. Floodplain variances are used to deviate from the strict application of the floodplain management regulations, set out in Division 4-4-6, Floodplain Management and Flood Damage Prevention. They are issued by the Board of Adjustment (BOA) pursuant to the standards of this Section.
2. Standards. When evaluating an application for an variance, the Board of Adjustment shall consider all technical evaluations, and all relevant factors and / or standards set out in the floodplain management regulations, and:
   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.
3. Quantum of Proof. Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that Subsection B.1. to B.11., above, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the appeal or variance increases.
4. Conditions. Upon consideration of the factors in Subsection B., above, and the purposes of the floodplain management regulations, the BOA may attach such conditions to the granting of a variance as it deems necessary to further the purposes of the floodplain management regulations. Such conditions may include a requirement for the completion of an evacuation plan satisfactory to local civil defense authorities.
5. Limitations.
   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.
6. Required Notice. Any Applicant to whom a variance is granted shall be given written notice that the structure shall be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance shall be commensurate with the increased risk resulting from the reduced floor elevation.
7. Maintenance of Records. The Department shall maintain all application materials, information, and exhibits, shall maintain the records of all actions of the BOA, and report any variances to the Federal Insurance Administration (FIA) upon request.

Effective on: 7/1/2014

1. A.
   Generally. Variances are authorizations to depart from the strict application of the standards of this LUDC. They are granted by the Board of Adjustment (BOA) or Community Development Commission (CDC) when they are acting as the BOA as allowed in Sec. 6-2-3-2 only if the standards of this Section are met. An Applicant may seek a variance when it is apparent that the requested relief is necessary for processing the application, which may be before an application for another type of approval is filed.
2. B.
   Standards. The BOA may grant a variance only when it is demonstrated that:

   1. 1.
      Granting the variance will not substantially conflict with any adopted plans or policies of the City, or the purposes or intent set out in this LUDC;
   2. 2.
      There are exceptional conditions creating an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the same zone;
   3. 3.
      The Applicant cannot derive a reasonable use of the property without approval of a variance;
   4. 4.
      Granting the variance will not generally set a precedent for other applications (which would indicate that a text amendment to this LUDC should be proposed and considered instead);
   5. 5.
      Granting the variance will not be detrimental to any adjacent properties or the area;
   6. 6.
      Granting the variance will not be detrimental to public health, safety, or welfare; and
   7. 7.
      Adequate relief cannot be reasonably obtained through the application of alternative compliance standards, if applicable (see Division 3-1-5, Alternative Compliance).
3. C.
   Alternative Standards. In the event the basis or reason for the variance is used to remedy an existing legal nonconformity (e.g., an undersized parcel was created, or a structure whose deficient setbacks were established, or a structure had setbacks which were conforming to requirements prior to the adoption of the current code requirements), the BOA may approve a variance applying only Subsection B.2., above, but only if such relief is still reasonably necessary after the application of Article 6-1, Nonconformities.
4. D.
   Timing of Decision. The BOA shall make its decision within 35 days of the initial hearing at which the application is considered, unless the Applicant agrees in writing to an extension. Such decision shall be a final action.

Effective on: 2/1/2024

1. A.
   Generally. Variances to Article 3-6, Signs, may be granted by the Community Development Commission (CDC) only if the standards of this Section are met. An Applicant may seek a variance when it is apparent that the requested relief is necessary for processing the application.
2. B.
   Standards. The DRB may grant a variance only when it is demonstrated that:

   1. 1.
      Granting the sign variance will not substantially conflict with any adopted plans or policies of the City, or the purposes or intent set out in this LUDC;
   2. 2.
      There are exceptional conditions creating an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the same zone;
   3. 3.
      The Applicant cannot derive a reasonable use of the property without approval of a sign variance;
   4. 4.
      Granting the sign variance will not generally set a precedent for other applications (which would indicate that a text amendment to this LUDC should be proposed and considered instead);
   5. 5.
      Granting the sign variance will not be detrimental to any adjacent properties or the area; and
   6. 6.
      Granting the sign variance will not be detrimental to public health, safety, or welfare.
3. C.
   Timing of Decision. The DRB shall make its decision within 35 days of the initial hearing at which the application is considered, unless the Applicant agrees in writing to an extension. Such decision shall be a final action.

Effective on: 2/1/2024

1. A.
   Generally. Variances to Sec. 4-5-2-2 Required Off-Street Parking Spaces (Parking Tables), may be granted by the Community Development Commission (CDC) only if the standards of this Section are met. An Applicant may seek a variance when it is apparent that the requested relief is necessary for processing the application.
2. B.
   Standards. The CDC may grant a variance only when it is demonstrated that:

   1. 1.
      Granting the parking variance will not substantially conflict with any adopted plans or policies of the City, or the purposes or intent set out in this LUDC;
   2. 2.
      There are exceptional conditions creating an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the same zone;
   3. 3.
      The Applicant cannot derive a reasonable use of the property without approval of a parking variance;
   4. 4.
      Granting the parking variance will not generally set a precedent for other applications (which would indicate that a text amendment to this LUDC should be proposed and considered instead);
   5. 5.
      Granting the parking variance will not be detrimental to any adjacent properties or the area;
   6. 6.
      Granting the parking variance will not be detrimental to public health, safety, or welfare; and
   7. 7.
      Adequate relief cannot be reasonably obtained through the application of payment of the fee in-lieu or use of shared parking, if applicable (see 4-5-2-7 Fee in –Lieu of Required Parking or Sec. 4-5-2-6 Shared Parking)
3. C.
   Timing of Decision. The CDC shall make its decision within 35 days of the initial hearing at which the application is considered, unless the Applicant agrees in writing to an extension. Such decision shall be a final action.

Effective on: 8/26/2026

1. A.
   Generally. There are three types of subdivisions for the purposes of this LUDC: minor subdivisions, major subdivisions, and condominium subdivisions.
2. B.
   Minor Subdivision. A minor subdivision is a subdivision containing five or fewer lots.

   1. 1.
      Requirements and processing: Proposed minor subdivisions shall require preliminary plan and final plat filing, processing, and approval in accordance with Section 6-3-6-3, Preliminary Plan, and Section 6-3-6-4, Final Plat. The conceptual subdivision plan stage (see Section 6-3-6-2, Conceptual Subdivision Plan) shall be disregarded.
   2. 2.
      All applicable materials and information required to be submitted in the conceptual plan stage (see Section 6-3-6-2, Conceptual Subdivision Plan) shall be submitted in addition to other required submittal materials and information required in the preliminary plan stage.
   3. 3.
      The final plat submittal shall incorporate review comments provided during the preliminary plan stage.
3. C.
   Major Subdivision. A major subdivision is a subdivision containing six or more lots. Proposed major subdivisions shall require conceptual subdivision plan, preliminary plan, and final plat filing, processing, and approval in accordance with Section 6-3-6-2, Conceptual Subdivision Plan; Section 6-3-6-3, Preliminary Plan; and Section 6-3-6-4, Final Plat.
4. D.
   Condominium Subdivision.

   1. 1.
      Requirements and processing: Proposed condominium subdivisions, including the conversion of an existing structure to multiple ownership interests, shall be processed as either a minor subdivision (see Subsection B., above) or a major subdivision (see Subsection C., above) and shall have the same requirements and processing as set out in those Sections.
   2. 2.
      The requirements and standards set out below shall apply to all structure conversions, when a structure in a single ownership converts to multiple ownership interests.

      1. a.
         The conversion of an existing structure to multiple ownership interests shall not be permitted if the use in the structure is nonconforming (see Section 6-1-2-1, Nonconforming Uses).
      2. b.
         If the structure or the property is nonconforming (see Section 6-1-2-5, Nonconforming Structures (Except Buildings).), the conversion may occur if all the applicable provisions and requirements as set out in this Article can be met.
      3. c.
         The structure shall comply with current building, plumbing, electrical, and fire codes.
      4. d.
          Master water meters shall be installed for each building cluster.
      5. e.
         Amenities generally associated with home ownership or condominium living shall be provided.  Such amenities may include common laundry facilities, open space suitable for recreation, clubhouses, meeting rooms, spas, swimming pools, etc.  The adequacy of the proposed amenities shall be determined when the subdivision application is being reviewed as per this Article.
      6. f.
         The conversion of a structure for the purpose of providing residential dwellings shall conform with the following:

         1. i.
            Each dwelling unit shall meet single-family housing requirements, as specified in the Uniform Building Code.
         2. ii.
            Any commercial/industrial structures proposed for conversion to accommodate a residential use shall be rezoned for compliance with this Code as necessary.
         3. iii.
            Condominiums are not allowed on single-family and duplex zoned lots in EN-1 thru EN-6, RA and RL zones.
      7. g.
         The installation or repair of public improvements on or adjacent to the parcel under consideration may be required as a condition of approval of a condominium application. 
   3. 3.
      If the land on which the condominium structure exists or is to be built is not a platted parcel, all provisions, requirements, standards, and procedures of this Article shall be met for the land as well as the structure.  The land shall be shown as a "lot" on a final plat and recorded in accordance with this Article.
5. E.
   Detached Condominium Subdivision.

   1. 1.
      Requirements and processing: Proposed detached condominium subdivisions, including the conversion of an existing subdivision of fee simple ownership to a common interest ownership model, shall be processed as either a minor subdivision (see Subsection B., above) or a major subdivision (see Subsection C., above) and shall have the same requirements and processing as set out in those Sections. Detached condominium subdivisions shall contain no fewer than three (3) residential units. Detached condominium subdivisions shall meet the following criteria:

      1. a.
         The common interest community must contain common elements such as parking areas, roads, amenities, or driveways.
      2. b.
         New detached condominium subdivisions must be filed with a rezoning development application to create a single-family common interest community if the lot is in a zone that prohibits condominiums.
      3. c.
         For conversions to existing detached condominium subdivisions, one hundred percent (100%) of all property owners must approve the conversion to condominium ownership.
      4. d.
         Detached single-family dwellings must meet the dimensional standards of a similar and appropriate single-family zone district based on existing dimensional features of buildings and lots and the immediate surroundings, as determined by the Administrator.
      5. e.
         Submitted documents related to the concurrent subdivision approval must include a plat note and development agreement prohibiting lot line vacations and lot line adjustments that would allow for a larger home than the original condominium subdivision would have allowed. These exclusions may be conditions applied by the Community Development Commission during the review process.
      6. f.
         Detached condominiums are not allowed on single-family and duplex zoned lots in EN-1 through EN-6, RA, and RL zones.