A.

Applications and Fees.

1.

Forms. Applications required under this Code shall be submitted to the Community Development Department on forms supplied by the Department. The Director is authorized to establish application forms and submittal requirements to ensure all applications can be evaluated for conformance with this Code. The Director may waive any required information at the time of application if it is not applicable to the review criteria due to the routine nature of the application or due to the context of the proposed development.

2.

Fees. Applications shall be accompanied by a non-refundable fee established by the City Council's Annual Fee Resolution. Fees shall not be required with applications initiated by the staff on behalf of the Commission or Council.

3.

Eligible Applicants. Table 2-1 indicates applicants eligible for each application, which may include the following:

a.

Owner. The record owner of property that is the subject of the application or an agent authorized by written permission of the owner.

b.

Planning and Zoning Commission. The Planning and Zoning Commission, acting on its own initiative or through recommendations brought to it by city staff.

c.

City Council. The City Council acting on its own initiative or through recommendations brought to it by city staff.

B.

Concurrent Applications. When a project requires approvals under more than one type of application, the Director may determine that each application may run concurrently based on the following:

1.

The similarity of information required for each application, and the ability of the applicant to coordinate different information required for each application.

2.

The similarity of notice, timing, procedures, meetings, and review bodies required for each application.

3.

The ability of the staff and review bodies to make effective decisions and evaluate different review criteria when reviewing the applications concurrently.

In cases where the Director determines applications may run concurrently, the application shall be processed through the highest review level of any joined application, and no decision shall be considered final until the last of the related decisions has been made.

C.

Pre-application Meeting. Pre-application meetings may be requested for any application and shall be required as indicated in Table 2-1. A required pre-application meeting may be waived at the Director's discretion and upon the applicant's request, for any application that is routine in nature and where the topics below can be addressed by general correspondence. The applicant shall provide sufficiently detailed plans and descriptions of the proposal to enable the applicant to confer with city staff on the general nature of the project, including:

1.

How the proposed project meets the goals of the Comprehensive Plan, or other specific plans or policies applicable to the area.

2.

The applicant's vision and understanding of the market for the proposed project.

3.

How the project will contribute to the area and further the intent of the zoning district.

4.

The proposed uses, general site layout, and conceptual or anticipated design of buildings, including how the project relates to surrounding sites and public spaces.

5.

Infrastructure capacity and impacts, including timing, phasing, or the need for any improvements, technical studies, or outside agency review.

6.

Development review processes and review criteria, and whether any special public information and outreach or specific agency or department reviews are necessary.

7.

Opportunities to improve designs or coordinate the preliminary concepts with other private or public investments in the area.

D.

Neighborhood Meeting. A neighborhood meeting shall be required as indicated in Table 2-1, and the Director may require a neighborhood meeting for other projects that are complex, present significant changes, or have potential for unanticipated impacts on property in the vicinity. Neighborhood meetings shall meet the following:

1.

Timing. The meeting shall be coordinated with other reviews and hearings to ensure that adequate and current information on the nature, scope, and scale of the project is available, and the public comments can be considered in the formal application.

2.

Location. The applicant is responsible for coordinating the meeting location, and the meeting shall be held at a public meeting facility within the City, such as a school, city building, community recreation center, or other convenient and accessible meeting center.

3.

Notice. The applicant is responsible for notification of the neighborhood in the manner and format prescribed by the City on the application forms. The notice may be coordinated with any other official notice required by this Code for the application. The applicant shall receive confirmation of the time and location of the meeting from the Director prior to scheduling and notice.

4.

Content. The applicant is responsible for all content of the meeting, which at a minimum shall include:

a.

The general nature and scope of the proposed project;

b.

A summary of the proposed land use, including planned or all potential future uses under the request;

c.

The most recent plans and submittals available for the project, depicting the scale, location, and design of any buildings and the relation of all site improvements to the streets and adjacent property; and

d.

Identify and explain the subsequent formal review steps with the City, and note that official and formal review by the City may result in changes from the initial concepts.

5.

Summary. The applicant shall prepare summary minutes of the meeting including evidence of the notice, attendance, content, discussion summary, and outcomes of the meeting. This information shall be included with or supplement the formal application.

E.

Staff Review. Upon receipt of an application, the Director shall take the following steps:

1.

Determination of Complete Application.

a.

The City shall determine if an application is complete within ten days of its filing.

b.

An application shall be considered complete if it has all information required on submittal forms, and any additional information added to the form or requested in a pre-application meeting, and the application fee.

c.

Complete applications shall be processed for formal review according to this Code.

d.

If an application is determined incomplete, the Director shall notify the applicant of the specific ways in which the application is deficient. No further processing of the application shall occur until the deficiencies are corrected. If a deficient application is not corrected within 30 days of the notice, the incomplete application may be considered withdrawn.

2.

Staff Review.

a.

Specific applications may require review by the Development Review Team as established in EMC § 16-1-5.A.3, and the Director may determine that any application can be reviewed by the DRT when it affects issues or facilities significant to other departments and outside agencies.

b.

The Director or DRT may require referral to any other agencies for review and comment, based on the details of an application, including:

(1)

Arapahoe County affected departments;

(2)

Colorado Department of Transportation;

(3)

Colorado Division of Wildlife;

(4)

Gas and electric utilities;

(5)

Telecommunications and cable providers;

(6)

Public safety agencies (police, fire, EMS, health);

(7)

Respective school district(s) in which the subject property is located;

(8)

Water and sewer utilities;

(9)

Ditch companies;

(10)

Special districts; and

(11)

Other local, state, or federal government agencies.

c.

Failure to receive comments from referral agencies may allow the Director to delay the application. However, if the applicant demonstrates sufficient due diligence in attaining comments, the Director may interpret the failure to comment as consent to the application by the agency.

d.

The applicant shall be responsible for coordinating all subsequent requirements or comments, and for notifying any agency prior to final review of any changes that may affect their comments on initial plans.

3.

Staff Comments. The Director shall coordinate a staff review and may provide the applicant the following information in writing:

a.

Comments or recommended changes based on staff review, any referral agency comments, or neighborhood meeting results.

b.

Any supplemental information necessary to support the application or to address comments or recommended changes.

c.

If the applicant chooses not to address any particular comment or recommended change, a written statement shall be included with the resubmittal that demonstrates a good faith effort to address the issue and justify why the comment was not addressed. The applicant may request to schedule the application for official review based on this justification.

d.

If the applicant fails to submit revisions or otherwise address any comments from the Community Development Department in writing within 120 days, the Director may determine the application withdrawn and the review terminated. Any further action will require a new application and fees.

4.

Scheduling. Applications that have completed DRT or staff review, and addressed any comments or recommended changes, shall be scheduled for further review according to these regulations. The City shall notify applicants in writing of the date, time, and place of any scheduled meetings.

5.

Staff Report. The Director shall prepare a staff report for applications that require review and decisions by other review bodies. The report shall identify the appropriate policies, plans, standards, and review criteria, and identify relevant facts of the application. The Director shall provide a copy of the report to the reviewing body and to the applicant in association with the published agenda and packets.

F.

Notice. Notice shall be provided for each application as indicated in Table 2-1, in accordance with the following:

1.

Content. Except where modified for specific notice methods below, all notice shall include the following:

a.

The date, time, and place of the meeting.

b.

General information on the application including the project location and type of application.

c.

The name of the applicant and other professionals responsible for decisions on the proposed development.

d.

Contact information where additional details may be found.

e.

To assist in reaching any non-literate or non-English speaking populations, all posted and mailed notices shall include a prominent question mark symbol followed by the telephone number of the City.

2.

Published. Where published notice is required, at least 15 days prior to the public hearing or meeting, the Director shall publish the notice on the City's official website or in the newspaper designated by the Council as the City's official newspaper.

3.

Posted. Where posted notice is required, notice shall be posted on the property or near the proposed site, visible to surrounding properties and the general public from adjacent public ways, according to the following:

a.

The Director shall determine the number, type, and specific location of signs based on the context of the property, which typically includes 1 sign for each street frontage. .

b.

The sign shall be at least 22" x 28"; at least 4' above ground level; at least one inch black letters, and designed to be legible from the adjoining street. The Director may further specify sign size and color for particular applications on the application forms or through pre-application meetings. .

c.

The applicant shall ensure that all signs are posted for at least 15 consecutive days prior to the public hearing or meeting.

d.

The applicant shall make a reasonable good faith effort to maintain posted notice throughout the proceedings, and provide evidence or a statement of compliance at the time of the public hearing or meeting

e.

In the case of notice posted for an administrative decision, the sign shall be posted for at least 15 consecutive days prior to a decision.

f.

The applicant shall remove all signs within seven days after conclusion of the proceedings.

4.

Mailed. Where mailed notice is required, the applicant shall mail to the following, at least 15 days prior to the hearing or review meeting:

a.

All occupants and property owners within 1,000 feet shown by the records of Arapahoe County Assessor's office within 30 days of the required mailing date.

b.

Where mailed notice is not required, or where notice beyond these requirements is determined necessary, the Director may require additional notice in the following situations:

(1)

Where large parcel sizes on the perimeter of the project result in notification to only immediately adjacent owners;

(2)

Where a large project is likely to have direct impacts beyond 1,000 feet; or

(3)

Other situations where the Director determines that additional notice may be necessary due to the context or nature of the project causing potential impacts beyond the required notice distance.

c.

Where a neighborhood meeting is required, the notice may include both the information on the neighborhood meeting and the public meeting.

d.

The applicant shall provide a mailing list and certify that the letters were mailed as required, prior to the meeting or hearing.

5.

Surface Development Notification. Where mailed notice is required by state statutes for any project related to mineral estate owner identified on the county tax assessor's records or who has filed in the office of the county clerk and recorder a request for notification, the applicant shall be responsible for notice. The applicant shall certify that notice has been provided as required by this Code and Colorado law prior to a public hearing, public meeting, or administrative decision.

6.

Additional Hearing or Meeting Dates. For any application where mailed or published notice is required by this Code or Colorado law, and the reviewing authority adjourns or continues the review to a certain date, time and location, no new notice shall be required.

7.

Failure of Notice. Any failure of published, posted, or mailed notice shall not invalidate any subsequent process or decision; however, the Director or review body may elect to postpone any review or decision until the notice requirement is fulfilled. In making this decision, the Director or review body shall consider whether:

a.

Good faith efforts were made to comply with notice, and the failure of notice was beyond the applicant's control;

b.

Technical errors in the notice were made, but constructive and actual notice was available to all interested parties; or

c.

The failure of notice is not otherwise instrumental to the proceedings, criteria, or record established for the decision.

G.

Public Hearings. Where public hearings are required by Table 2-1, the following procedures apply:

1.

The hearing shall be conducted, and a record of the proceedings shall be preserved. If a transcript is required, the person or entity requesting the transcript shall pay the cost of the transcript. A written summary of the relevant testimony and evidence may be utilized in place of a transcript where a transcript is not required.

2.

The review body shall hear any relevant evidence or statement provided by the applicant or its representative, and by city staff.

3.

Any interested person or party may appear and be heard in person or by an authorized agent.

4.

The review body may request testimony or a written statement or report on the application from any government official or agency, or any other person with information pertinent to the application.

5.

A public hearing for which proper notice was given may be continued to a later date without again requiring notice provided in this Section if the specific date, time and place of the continued hearing is announced at the original hearing.

6.

If the review body is a recommending body, a written summary of the meeting and the recommendation shall be forwarded to the decision-making body.

7.

A review body is authorized to establish meeting procedures and bylaws regarding specific conduct and management of public hearings, within the parameters of these regulations.

H.

Action by Review Bodies. Review bodies shall take the actions indicated in Table 2-1. A review body may take any action on the application consistent with notice given or criteria in this Chapter, or recommend such action when the review body is a recommending body, including the following:

1.

Approve the application.

2.

Approve the application, with conditions or modifications that make it more consistent with the standards and approval criteria.

3.

Deny the application, with specific reasons for the denial.

4.

Continue the application to allow further analysis or collect additional information. The continuation period shall not be more than 60 days from the original review without consent of the applicant. A review body shall not continue an application more than once without consent of the applicant.

I.

Appeals. Any final decision made under this Code by an administrative official may be appealed through an Administrative Appeal application according to 16-2-12 and Table 2-1. Appeals of decisions on development applications are specified for each application in Table 2-1 and the sections for that application. Where no appeal is designated, the decision shall be final and only appealed as authorized by law. The following shall apply to all appeals:

1.

Appeals shall be filed with the Director within 30 days of the final decision.

2.

Appeals shall identify the exact provisions in dispute and whether the decision is incorrect due to one or more of the following:

a.

It was against the express standards of this development code;

b.

It was an unreasonable interpretation of the standards, application, or review criteria;

c.

It was erroneous, based on the record and facts reviewed by the decision-making body; or

d.

It was otherwise clearly contrary to law.

3.

The following persons and entities shall have standing to appeal the action of the review body:

a.

The applicant, or property owner of the subject property;

b.

The City Manager, on behalf of any public official, department, or public body;

c.

Any person who received mailed notice of an application and who testified or entered a written statement at a public hearing; and

d.

Any other person who was aggrieved and materially affected by the decision, and otherwise has a right to appeal by law.

4.

The appellate body shall consider the application based on the established record, within 60 days of the date that the appeal was filed. It shall give deference to the previous review body, but may take any action authorized by the decision-making body under this Code if it determines that a clear error was made. The procedure and required notice shall be the same as required of the original application.

J.

Technical Studies. The Director, on behalf of any public official, department, or agency, the Commission, or the Council, may require applicants to submit technical studies necessary to evaluate the application. Technical review by outside entities with expertise or jurisdiction over some aspects of the application may be required in place of, in addition to, or in association with any studies. Examples include traffic studies, infrastructure capacity and impact analysis, geologic or hydrologic studies, environmental impact assessments, noise studies, market studies, or fiscal and economic impacts. The persons or firms preparing the studies shall be subject to the approval of the Director. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from outside entities may require special schedules based on the reasonable time frames to conduct those studies or additional reviews.

K.

Permits. Upon final approval for each application as specified in this Chapter, applicants may apply for all permits necessary to construct buildings, infrastructure, and site improvements. Permits may require submittal and further review of plans and specifications necessary to show full compliance with the standards of this Code, other applicable City codes, or other agency requirements or laws.

L.

Successive Applications. When the review body takes final action to deny an application, the same or a similar application shall not be refiled for one year from the date of denial. The Director may permit a refiling of the application sooner when significant change in the context or requirements have occurred that may affect the outcome of the action on the application. There shall be no time limitation on an application that the Director determines is substantially different from a previously denied application, considering the proposed use, scale or intensity of development, and potential impacts on adjacent property.

A.

Applicability. Text amendments to these regulations may be initiated by the Council or the Commission.

B.

Review Criteria. A text amendment shall be reviewed according to the following criteria:

1.

The amendment furthers the purposes of these regulations in EMC § 16-1-3, and the intent or design objectives of any specific section.

2.

The amendment is consistent with the Comprehensive Plan considering its long-range effects and immediate impacts.

3.

The amendment promotes the public safety, health, and general welfare of the community in the City of Englewood.

4.

The amendment improves the effectiveness and efficiency of administering the Unified Development Code.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to text amendment applications:

1.

Applications may be accompanied by a related Comprehensive Plan amendment or more specific plan, provided the amendment or plan has been officially adopted or is adopted in conjunction with the text amendment.

2.

The Council may refer the amendment to any City department or agency, or return it to the Commission for further study or additional information at its next regular meeting. Failure by the Commission to consider or revise its recommendation shall be considered a resubmission of its original recommendation.

D.

Effect of Decision. Amendments to the text of these regulations shall be approved by the Council by an ordinance and be effective after the date specified in the ordinance. An amendment to the text of this Title shall remain in effect until superseded by a later and overriding amendment.

A.

Applicability. The map amendment (rezoning) process provides review of changes to the boundary of zone districts that may be necessary to implement the Comprehensive Plan, to account for changed conditions in the general area, or to reflect a change in policies with respect to future development. Application for a change of zone may be filed by the property owner, the Council, or the Commission.

B.

Review Criteria. Review, recommendations, and decisions for a proposed map amendment shall be based on the following criteria.

1.

The change furthers the purposes of these regulations in EMC § 16-1-3.

2.

The proposal is consistent with the Comprehensive Plan or any other specific plan, policy, or guidance adopted pursuant to that plan.

3.

The property is capable of meeting the intent of the proposed zone district. Specifically, it shall meet the following thresholds for the base zone district:

a.

The property shall be a minimum of 37,500 square feet of land area and contiguous to a compatible base district.

b.

For purposes of this Section "compatible zone districts are the same base district headings (i.e. R-2-A and R-2-B are compatible)

c.

The contiguity to a compatible district can be waived where the transition in districts, land use, or development form and scale is consistent with and implements the Comprehensive Plan.

d.

The minimum threshold does not apply to PUD zoning, provided the PUD request meets all procedures and requirements of 16-2-5.

4.

The change is necessary for at least one of the following reasons:

a.

There has been a material change in the character of the area or in the City generally, such that the proposed rezoning is in the public interest;

b.

The current zoning is in error; or

c.

The property cannot be developed, or no reasonable use can be achieved under the current zoning.

5.

The uses and development enabled by the new zone will not have a significant negative impact on surrounding property, and any anticipated impacts can be reasonably mitigated by sound planning, design, and engineering practices.

C.

Review Procedure. In addition to all applicable general procedures in Table 2-1 and EMC § 16-2-1, the following specific procedures shall apply to map amendments:

1.

Following a pre-application meeting, the applicant shall hold a neighborhood meeting. The maximum time between a neighborhood meeting and a public hearing before the Commission shall be 180 days. If a public hearing is not scheduled within 180 days, the applicant shall be required to hold another neighborhood meeting.

2.

Applications may be accompanied by any plat, site improvement plan, master plan or other development concepts necessary to review conformance with the Comprehensive Plan. The Commission may recommend, and the Council may approve a rezoning based on the condition that the plat or site improvement plans are approved according to this Code either prior to or within a certain time after Council action.

3.

The Council may refer the map amendment back to the Commission for further study or additional information at its next regular meeting. Failure by the Commission to consider or revise its recommendation shall be considered a resubmission of its original recommendation. No substantial amendment to a recommendation by the Commission on a map amendment may be made unless it is referred back to the Commission for comment.

4.

The Commission may recommend, or Council may approve, a lesser change than was proposed in the notice, whether in extent of property or project area, or to a zoning district that permits a lesser scale and intensity of uses or other development standards.

D.

Effect of Decision.

1.

A map amendment shall be effective by an ordinance approved by the Council, and the City Clerk shall record a copy of the ordinance with the Arapahoe County Clerk and Recorder. The applicant shall pay all required recording fees.

2.

The Director shall make the change on the official map by an actual change or other record identifying the date, adopted ordinance, and associated property.

3.

The approved map amendment remains in effect after the effective date of the ordinance, unless changed by the Council according to the procedures in this Section.

A.

Applicability. Specific plans are comprehensive and integrated plans and codes to implement development with a specific plan overlay district. A specific plan establishes the distribution of land uses, residential densities, and negotiable ranges for other development parameters such as building height and parking ratios. Specific plans are designed to provide flexibility and predictability for City development departments and private development entities engaged in redevelopment activities and may establish administrative procedures and criteria to review and consider minor changes throughout implementation.

Municipal Code provisions related to land use and development in the City shall apply to land use and development in specific plan overlay zone districts, unless specifically negated or modified in an approved specific plan.

Specific plans are an overlay zone district established by a zoning map amendment initiated by the City Council, reviewed and recommended by the Planning and Zoning Commission, and approved by Council. All development within a specific plan overlay zone district shall also require a site development plan demonstrating compliance with the specific plan and overlay standards.

B.

Specific Plan Content. A specific plan shall include, the following general components, which may be created in unison or in coordinated stages:

1.

Existing Conditions. A summary evaluation of the current state of the overlay district area potentially including land uses, structures, infrastructure, circulation pathways, public spaces, and natural features, currently anticipated improvements, and relative potentials for desirable redevelopment.

2.

Vision Plan. A vision plan presents the vision for the overlay zone district area through a series of maps, illustrations, and narratives or planning documents with goals and objectives. The vision plan shall determine the general character, scale, intensity, and arrangement of development within the overlay zone district area. The vision plan may demonstrate transitions within the district, relationships to adjacent areas, needs for flexible regulatory standards, project phasing and contingencies.

3.

Regulating Plan. The regulating plan serves as the zoning regulations for the overlay zone district area. The regulating plan shall serve as a supporting overlay on top of the existing base zone district. The existing base zone regulations will apply when not expressly addressed or included in the overlay zone district area regulating plan. The overlay zone district regulating plan shall address the following land use and development standards:

a.

Street network, streetscape, and circulation plan,

b.

Land use and framework plan,

c.

Development intensity standards and guidelines (density, height, parking),

d.

Lot standards, setbacks, street frontages, and activation,

e.

Built form design,

f.

Landscape and open space design.

C.

Specific Plan Review Criteria. Review, recommendations, and decisions for specific plans shall be based on the following criteria:

1.

The plan furthers the policies of the Comprehensive Plan, through the application of sound planning and design principles to a particular area.

2.

The plan is consistent with the intent statements of the applicable base zone district(s), and advances and implements elements of the Comprehensive Plan Neighborhood Area Assessments.

3.

The proposed plan is in compliance with all applicable provisions of City policies, codes, and standards.

4.

There is either existing capacity in the City's streets, drainage, and utility systems to accommodate the proposed plan, or arrangements have been made to provide capacity in an acceptable manner and timeframe.

5.

The plan better implements public and civic purposes beyond what could be accomplished through application of base zone districts and development standards.

6.

The benefits from any flexibility in the proposed plan promote the general public health, safety, and welfare of the community and surrounding areas, and the adjustments to base zone development standards are not strictly to benefit an applicant or a single project.

D.

Specific Plan Review Procedure. Specific plans and major amendments to specific plans may be approved by either an ordinance or resolution of Council, after review by the Planning and Zoning Commission and Council in accordance with standard public hearing requirements. Minor specific plan amendments may be approved administratively at the discretion of the Director. The Director may determine that any change is not eligible as a minor change and shall be processed as a major change through public hearings with the Commission and Council. In addition to all applicable general procedures in Table 2-1 and EMC § 16-2-1, the following procedures shall apply to specific plans:

1.

The specific plan process is a type of zoning map amendment and shall follow the procedures in EMC § 16-2-3.

2.

Depending on the extent of the district or the complexity of the planning and design issues, the specific plan process may be broken into two or more steps to address different components of the specific plan to reconcile general planning issues prior to more detailed planning analysis or design work, or to coordinate final decisions on the entitlements associated with each component of a specific plan.

3.

Any specific plan may establish preliminary and advisory review bodies for the district or area according to EMC § 16-1-5.F, and otherwise create specific procedures for development according to the plan.

4.

Major amendments to a specific plan requiring public hearings and Council approval include the following:

a.

Major relocation of buildings, lot lines, right of ways, and easements.

b.

Changes to established land uses or building types.

c.

Increase in building height in areas where negotiation is not allowed or when an application does not include income restricted housing units within the project.

d.

Increase in maximum allowed residential density by more than 10%.

e.

Introducing new allowed land uses that are not allowed by base zone district.

f.

Reduction in established residential and commercial parking space requirements beyond any flexibility or negotiation parameters included in the plan.

E.

Specific Plan Site Development Plan Content. An application for a specific plan site development plan may be initiated by the owner of the property and shall include all information required on application forms provided by City staff. A specific plan site development plan shall be subject to the general requirements for all applications outlined in EMC § 16-2-1, and contain any additional information and documentation to fully indicate the operation and appearance of the project.

F.

Specific Plan Site Development Plan Review Criteria. Review, recommendations, and decisions for specific plan site development plan shall be based on the following criteria:

1.

Consistency with Adopted Plans and Standards.

a.

Consistency with the spirit and intent of the City's Comprehensive Plan and this Title.

b.

Compliance and consistency with applicable specific plan standards.

c.

Compliance with all other applicable standards, guidelines, policies, and plans adopted by Council.

2.

Impact on Existing City Infrastructure and Public Improvements. The proposed development shall not result in undue or unnecessary burdens on the City's existing infrastructure and public improvements, or arrangements shall be made to mitigate such impacts.

3.

Internal Efficiency of Design. The proposed design of the site shall achieve internal efficiency for its users, provide adequate recreation; allow for safe public access; provide adequate storm drainage facilities, and promote public health and convenience. All sites shall be designed and constructed to safely accommodate pedestrians, bicyclists and automobiles.

4.

Control of External Effects. The proposed development shall reduce external negative effects on nearby land uses and movement and congestion of traffic. This shall include negative impacts from noise, lighting, signs, landscape, accumulation of litter, and other factors deemed to affect public health, welfare, safety, and convenience.

G.

Specific Plan Site Development Plan Review Procedure. Specific plan site development plans shall follow the procedures for site improvement plans in Table 2-1 and EMC § 16-2-1, and the following additional procedures subject to any modification in the specific plan.

1.

Advisory Specific Plan Site Development Plan Design Review. A specific plan site development plan shall be reviewed by the Advisory Specific Plan Design Review Committee at the 30% and 60% design level stages. A final design review report shall be produced based on the application of the architectural design principles, standards, and guideline subject areas contained in the original specific plan regulating document.

2.

Development Review Team Review. Staff from various City departments shall review the specific plan site development plan to assure that all aspects of City policies, codes, and standards have been sufficiently addressed.

3.

Final Specific Plan Site Development Plan Review. The Director shall use final design review committee report and development review team comments to facilitate final aspects and approval of the specific plan site development plan.

H.

Effect of Decision. Approval of a specific plan and/or specific plan site development plan shall constitute acceptance of the overall planning concepts and development parameters and may constitute additional rights as specified below.

1.

Specific Plan Regulating Document. Approval of the regulating document, in association with the other components of the specific plan, shall constitute an official amendment to the zoning map in the form of an overlay zone district on top of and in addition to the underlying base zone district.

2.

Specific Plan Site Development Plan. Prior to applying for permits for final development, any project included as part of a specific plan shall first require approval of a specific plan site development plan. In addition to all other information and criteria required in EMC § 16-2-1 (general), EMC § 16-2-6 (site improvement plans) or EMC § 16-2-7 (final plats), submittals shall include all necessary information to demonstrate that all applicable standards, requirements, and conditions of the specific plan have been met.

a.

Approval of a specific plan site development plan shall authorize the applicant to apply for a building permit and other applicable permits.

b.

Approval of a specific plan site development plan shall be valid for one year unless some other period is stated on the approval or any other associated application. The Director may grant a one-year extension provided no conditions, standards, or policies affecting the application have changed. Any site improvement plan where permits are not issued prior to a lapse shall require a new application.

c.

All elements of an approved specific plan site development plan shall be considered requirements of this Code, and failure to maintain property in compliance with the plan may be enforced as a violation of the provisions of this ordinance.

d.

A specific plan site development plan may be used as the basis for a subdivision and subsequent sale or transfer of land within a Specific Plan District provided that a specific plan has been approved and the specific plan site development plan contains legally defined and described boundaries of the parcels being created by the subdivision.

3.

Modification and Amendment of Specific Plan Site Development Plans. Any approved specific plan site development plan may be modified or amended as provided in this subsection. Once a building permit has been issued, the building permit and specific plan site development plan shall control, unless both the building permit and specific plan site development plan are thereafter amended or abandoned as identified in this Chapter. The Director may approve, or approve with conditions, an administrative modification to an approved specific plan site development plan without notice to the public, if the change does not result in a major amendment to the specific plan. Any proposed amendment that does not qualify for review and approval as an administrative modification to a specific plan site development plan shall be reviewed and approved in the same manner as an application for a new specific plan site development plan.

A.

Applicability. Planned Unit Developments provide flexibility in the development standards based on a detailed plan for a site or project. Planned Unit Developments allow for unique or innovative design or development concepts, better coordination of the project either internally or with surrounding areas, or otherwise offers public or community benefits beyond what can be achieved under the general standards. Planned Unit Developments shall meet the following thresholds:

1.

Project Area. A minimum of one-acre in the R-1 and R-2 districts; and a minimum of one-half acres in all other districts.

2.

Eligible Applicants. Planned Unit Developments shall only be initiated by the owners of all property within the plan boundaries.

3.

Uniqueness and Innovation. Plans shall propose development that could not occur under the general district standards, or the permitted flexibility and discretionary approvals otherwise applicable under this code.

B.

Plan Contents. A planned Unit Development (PUD) requires the following two plans.

1.

PUD Plan. The PUD plan outlines the parameters for a particular project and establishes the zone district and development standards for the property. A PUD plan shall be submitted with the forms and details required by the Department according to EMC § 16-2-1.A. In addition, the PUD Plan shall include the following, particularly where they differ from generally applicable standards otherwise required by this Code:

a.

Project narrative identifying conformance with the Comprehensive Plan; the purposes, intent, and design objectives of this Code; and the criteria for approval of a PUD plan.

b.

List of permitted and conditional uses, including allowed intensity and density of specific uses or categories of uses. An applicant may use groups of uses permitted in a base zone district with additions or subtractions from that category specifically noted.

c.

Access and circulation, including coordination with streetscape designs, any internal streets, lanes, or passages, and other facilities for access via vehicles, transit, bicycles, and pedestrians.

d.

Open space standards, including the type, size, general location, and design characteristics of common and civic spaces.

e.

Building design and a description of architectural concepts, and particularly standards or guidelines for how the project will meet the design objectives in the building design sections of this Code.

f.

Parking standards, including location, size, required ratios, and landscape standards for parking areas.

g.

Landscape design for all other portions of the plan, and particularly standards or guidelines for how the project will meet the design objectives in the landscape design and open space design sections of this Code.

h.

Easements and utility plans.

Any project that anticipates the creation of new lots, tracts, common areas, public ways or otherwise divides property may account for these elements in an accompanying preliminary plat according to the procedures and criteria in EMC § 16-2-7.

2.

Site Development Plan. A site development plan is a detailed plan for design and construction of sites and buildings. The site development plan shall be submitted concurrently with the PUD plan. Any future changes to the site development plan shall only occur in accordance with the PUD plan, and the criteria of this section.

C.

Review Criteria. Planned unit developments are a specific type of rezoning. Review, recommendations, and decisions for PUD plans shall be based on the same criteria for a zoning map amendment in EMC § 16-2-3, and the following additional criteria:

1.

The plan provides benefits beyond just the property, and are not strictly to facilitate a project;

2.

The deviations from the standards result in development that equally or better meets the purposes, intent, and design objectives of this Code; and

3.

The flexibility proposed in the plan is based on one or more of the following additional criteria:

a.

Improved multi-modal transportation, considering access to transit, bicycle systems, or walkable destinations.

b.

Better environmental performance, considering energy use, water or air quality, and integration with natural systems.

c.

Improved amenities for residents, businesses, or patrons, within the project or vicinity of the project.

d.

More efficient use of infrastructure and lower burden on public facilities and services.

e.

Better integration of all elements of development, including streetscapes, civic spaces, infrastructure, buildings, accessory site facilities - both internal to the project and with surrounding properties.

D.

Review Procedure. In addition to all applicable general procedures in Table 2-1 and EMC § 16-2-1, the following specific procedures shall apply to specific plans:

1.

The planned unit development process is a type of rezoning and shall follow the procedures for zoning map amendments in EMC § 16-2-3.

2.

The neighborhood meeting shall occur within 180 days of the public hearing on the planned unit development plan. If the hearing does not occur within this time, a second neighborhood meeting shall be required that complies with the time frame.

3.

Any PUD plan that proposes common areas, dedicates lands for public use, or divides property shall require a preliminary and final plat process. The preliminary plat may be coordinated with the review and approval of a PUD plan.

4.

The site development plan shall be submitted simultaneously with the PUD plan, and reviewed and approved concurrent with that plan.

5.

The Director may approve minor amendments to site development plans or future site development plans with changes provided the conform with the PUD plan. Minor amendments may include adjustments to the location, scale, or design of buildings, open spaces, parking, or other site design elements provided the changes:

a.

Are within the standards outlined in the PUD plan, or otherwise meet the base zone district standards of this Code.

b.

Comply with the site improvement plan criteria in EMC § 16-2-6; and

c.

Do not otherwise elevate to major amendments in subsection D.6.

6.

Any site development plan that contains a major amendment to the PUD plan shall require approval in the same manner as the original PUD plan. Major amendments include:

a.

Any change to the maximum permitted height or building areas.

b.

Any change to perimeter setbacks or other relation of buildings to property adjacent to a PUD.

c.

Any change to the uses that are allowed, any increase in the specified intensity or density of uses; or any change in the arrangement or allocation of uses that could increase impacts on adjacent property.

d.

Any reductions to the common or civic open spaces.

e.

Altering access and circulation in a way changes anticipated impacts on surrounding public streets.

f.

Changes in the design theme, or significant changes in the design details for buildings, open space, or landscape that alters characteristics proposed as part of the original PUD plan.

g.

Any other change that would not meet a generally applicable standard, and which was not identified in the adopted PUD Plan.

E.

Effect of Decision.

1.

The applicant shall submit an approved PUD plan with all certificates, fees, and other required documents to the City, and the City Clerk shall record a copy of the plan with the Arapahoe County Clerk and Recorder.

2.

A PUD plan shall not expire and shall control all future development of the property unless changed by an amended or new plan, or otherwise rezoned according to this Code.

3.

No development shall occur for a PUD plan until a site development plan is reviewed and approved as provided in this Section.

4.

Approval of a site development plan shall authorize the applicant to apply for a building permit and other applicable permits.

5.

Approval of a site development plan shall be valid for two years unless some other period is stated on the approval or any other associated application. The Director may grant a one-year extension provided no conditions, standards, or policies affecting the application have changed. Any site development plan where permits are not issued prior to a lapse shall require a new application.

6.

All elements of an approved site development plan shall be considered requirements of this Code, and failure to maintain property in compliance with the plan may be enforced as a violation of the provisions of this ordinance.

A.

Applicability. Site improvement plans ensure that development projects or other changes to property meet the development and design standards of this Code, and coordinate with other applicable standards and permits. Site improvement plans may be initiated by the property owner.

A site improvement plan shall be required for any of the following:

1.

Any new principal structure.

2.

Any expansion or alteration of a principal structure that:

a.

Increases the floor area or footprint by more than 10%;

b.

Alters the exterior elevation, wall massing, or roof structure by more than 25%; or

c.

Decreases the distance to a property line by more than 20%.

3.

Any accessory structure that is more than 120 square feet, more than 12 feet high, or closer than ten feet to a property line.

4.

Any site development activity, such as landscape, grading, parking, or circulation that:

a.

Impacts more than 10% of the lot area or 1,000 square feet, whichever is less;

b.

Is more than $5,000.00 in value; or

c.

Alters the lot access, frontage area, or the relationship to the streetscape or public areas.

5.

Any change of use or new use that is accompanied by any exterior building or site changes, whether required by this Code or initiated at the option of the applicant.

6.

Any application for a use designated as a "temporary use," or "limited use" in this Code.

7.

Any other changes to existing buildings or sites that significantly alter the exterior appearance or impact elements of the applicable building and site design standards. This excludes ordinary maintenance and repair of existing sites and buildings.

B.

Review Criteria. In general, any site improvement plan in compliance with all applicable standards of this Code shall be approved. In determining compliance with the standards applied to a particular site or building, the following criteria shall be considered:

1.

Generally.

a.

The plan meets all applicable development, design, and use-specific standards in this Code, or meets the criteria for any flexibility or discretionary approvals specified in this Code.

b.

The plan does not substantially undermine any goals or objectives of the Comprehensive Plan that are applicable to the area or specific project.

c.

The plan does not present any other apparent risks to the public health, safety, or welfare of the community.

2.

Site Design and Engineering.

a.

The plan provides safe access and internal circulation considering the site, the block, and other surrounding connections, and appropriately balances vehicle, bicycle, and pedestrian needs for the context.

b.

The plan provides or has existing capacity for utilities and other required improvements to serve the proposed development.

c.

The plan provides adequate management of storm water runoff.

d.

The plan provides proper grading considering prevailing grades and the relationship to adjacent sites.

3.

Landscape and Open Space Design.

a.

The plan creates an attractive aesthetic environment and improves relationships to the streetscape or other nearby public, civic, or common spaces.

b.

The plan enhances the environmental and ecological functions of unbuilt portions of the site and makes effective use and conservation of water resources.

c.

The plan reduces the exposure and adverse impact of more intense site or building elements on the streetscape and adjacent properties.

4.

Building Design.

a.

The location, orientation, scale, and massing of the building creates appropriate relationships to the streetscape and to adjacent properties.

b.

The selection and application of materials will promote proper maintenance and quality appearance over time.

c.

The building reinforces the character of the area and reflects a compatible architectural relationship to adjacent buildings. Specifically, if there is any consistency or commonality in the scale, proportion, forms and features, and materials of existing buildings throughout the vicinity, they inform choices on the proposed building.

5.

Discretionary Approvals. Requests for a temporary use, limited use, or administrative adjustment is clearly identified and meet the requirements and criteria for any associated discretionary approval.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements apply to site improvement plan applications:

1.

The site improvement plan shall be reviewed as part of the building permit or other applicable permit process.

2.

An applicant may request a pre-application meeting according to EMC § 16-2-1.C, provided there are sufficient details for staff to provide constructive comments on the application. The Director may deny multiple pre-application requests or condition the review on submittal of a formal application and fee.

3.

Site improvement plans may be associated with other applications that require review by a different review body. The Director may condition approval of the site improvement plan on the final approval of the associated application, and it shall either be affirmed or denied by the review body according to the criteria of the associated application.

4.

Denial of a site improvement plan may be appealed by the applicant to the Commission.

D.

Effect of Decision.

1.

Approval of a site improvement plan shall authorize the applicant to apply for a building permit and other applicable permits.

2.

Approval of a site improvement plan shall be valid for one year unless some other period is stated on the approval or any other associated application. The Director may grant a one-year extension provided no conditions, standards, or policies affecting the application have changed. Any site improvement plan where permits are not issued prior to a lapse shall require a new application.

3.

All elements of an approved site improvement plan shall be considered requirements of this Code, and failure to maintain property in compliance with the plan may be enforced as a violation of the provisions of this ordinance.

A.

Applicability. Major subdivision plats apply to all land divisions or other alterations of legal boundaries of lots or tracts that require dedication of land for public rights of way or public areas, or that are ineligible for minor subdivision plat processes in EMC § 16-2-7. Major subdivision plats require comprehensive review of plats to coordinate planning, design, and engineering requirements. Major subdivision plat applications may be initiated by the property owner.

B.

Review Criteria. A plat shall be reviewed according to the following criteria:

1.

The application is consistent with the Comprehensive Plan, particularly any physical development patterns and design concepts of the plan.

2.

The development and infrastructure are located to minimize impacts on geologic or flood hazards, environmentally sensitive areas, or other natural features of the land.

3.

The arrangement and proposed design of streets, blocks, and open spaces meet the design standards and policies of the City, and are coordinated with existing or potential development on adjacent property.

4.

The proposed blocks and lots are capable of meeting all development and site design standards under the applicable zone district.

5.

There is availability and capacity of all utilities, or the application includes construction plans for facilities that meet the City's technical specifications.

6.

All required improvements, dedications, fees, financial guarantees, and maintenance guarantees are provided.

7.

Any phasing is clearly indicated and demonstrates a logical and coordinated approach to development, and the timing, location, and construction of amenities is consistent throughout phases.

8.

Any impacts identified by specific studies or technical reports, including water, drainage, and transportation impacts are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.

9.

The recommendations of professional staff or any other public entity authorized to review the final plat.

10.

Any other matters the Commission or Council deems important to the long-range plans and design of the City.

C.

Review Procedure. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the requirements in this sub-section apply to plat applications:

1.

At the pre-application meeting, and based on the size, scope, and impact of the application, the Director shall determine how to coordinate the Neighborhood Meeting and any additional notice of meetings or hearings necessary for the formal review.

2.

Applications may be coordinated with any additional development reviews, such as Zoning Map Amendments, PUD Rezoning, and Site Improvement Plans.

3.

The applicant shall identify all improvements to be constructed, either according to the required improvements listed in this Code or by a specific development agreement for the project. The applicant shall submit final plans and specifications for these improvements, and ensure construction of these improvements of financial guarantees as provided in EMC § 16-3-6.

4.

The Commission shall hold a public hearing and issue findings and make a recommendation to the Council in writing.

5.

The Council shall hold a public hearing and consider the recommendations of the Commission and City staff. The Council shall issue a decision in writing and only approve a final plat based on findings that it is consistent with these recommendations.

6.

Due to the complexity, scale, or scope of a project, an applicant may elect or the Director may require that the major subdivision plat be reviewed in a two-step process.

a.

A preliminary plat with initial planning, development, and design details be reviewed by the Commission.

b.

Approval by the Commission only authorizes the applicant to prepare a final plat, and denial by the Commission may be appealed to the Council.

c.

A final plat that is consistent with the approved preliminary plat shall be submitted to the Council within six months.

d.

A final plat that is consistent with an approved preliminary plat, and which includes final planning, engineering, and design details, may then be reviewed directly by the Council.

D.

Effect of Decision.

1.

The applicant shall submit the approved final plat and all other required documents and certificates to the City for execution. An approval shall acknowledge acceptance of all land dedications to the City reflected on the plat.

2.

The applicant shall pay all fees and recording costs.

3.

The City shall record the final plat and executed documents with the Arapahoe County Clerk and Recorder.

4.

The plat shall become effective after recording. Any approved final plat not recorded within 60 days shall expire.

5.

An approved and recorded plat may be modified through the same procedure used to approve the final plat unless it qualifies as a minor subdivision.

A.

Applicability. Minor subdivision plats allow routine adjustments and divisions of land that do not require any public land dedications, do not significantly impact existing public facilities, or do not present significant or long-range planning and design issues. Minor subdivision applications may be initiated by the property owner.

Specifically minor subdivision plats apply to:

1.

Plat Adjustments. Adjustment to existing platted lots such as the movement of lot lines or the dedication or removal of easements.

2.

Minor Subdivisions. The division of land into new lots, whether the land was previously platted or unplatted.

3.

Lot consolidation. The joining of lots or parcels into fewer lots, whether the land was previously platted or unplatted.

4.

Condominium Plats. The creation of separate ownership entities of building units or lots within platted host lot.

5.

Administrative Land Reviews. Any division or combination of previously platted parcels or lots that is consistent with historically platted lines.

B.

Review Criteria. An application may be approved by the Director if the Director determines that all the following are met.

1.

No significant increase in service requirements (utilities, schools, traffic control, streets, etc.) or impact on the ability to maintain existing service levels will result.

2.

The application does not alter any zoning district boundaries due to adjustments to any lots.

3.

All resulting lots meet the legal standards of the subdivision regulations and applicable zoning districts.

4.

The lot patterns, building orientation, access, and frontages are arranged and designed to meet all applicable standards, or result in buildable lots capable of meeting the standards.

5.

No other significant issues exist with potential development enabled by the plat that could impact planning policies, development regulations, or other City standards.

6.

No right-of-way or other public dedication is required.

7.

All applicable state or county requirements are met or will be satisfied through the review and recording process.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the requirements in this sub-section apply to minor subdivision applications.

1.

Minor subdivision applications may require different forms, information, and internal procedures based on the specific application type in sub-section A.

2.

The Director shall make the final decision on a minor subdivision plat within 45 days of receipt of a complete application, except any application that requires referrals to outside agencies, or that requires resubmittal by the applicant may be extended for up to six months.

3.

If the Director determines at any point in the process that the application is not eligible for a minor subdivision plat or is otherwise trying to evade the major subdivision plat process, the Director may deny the application and require the applicant submit a new application as a major subdivision plat.

4.

A final decision by the Director may be appealed to the Commission.

D.

Effect of Decision.

1.

The applicant shall submit the approved minor subdivision plat and all other required documents and certificates to the City for execution.

2.

The applicant shall pay all fees and recording costs.

3.

The City shall record the minor subdivision plat and executed documents with the Arapahoe County Clerk and Recorder.

4.

The minor subdivision plat shall become effective after recording. Any approved minor subdivision plat not recorded within 60 days shall expire.

5.

A recorded minor subdivision plat may be modified through the same procedure used for the initial application.

A.

Applicability. A conditional use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses subject to specific conditions. These uses are not appropriate throughout the district, but due to the design and operational characteristics of a particular plan, or due to conditions in the specific location, the use may be considered appropriate based on a case-specific review. Conditional use permits may be initiated by the property owner for uses identified as conditional uses in the zone district by the Use Table in EMC § 16-4-2.

B.

Review Criteria. A conditional use permit shall be reviewed according to the following criteria:

1.

All criteria for site improvement plan in EMC § 16-2-6 are met, including compliance with development standards and design criteria of this Code.

2.

The application supports the intent of the proposed zoning district and is otherwise determined to be consistent with the Comprehensive Plan.

3.

Compatibility with the area and other allowed uses in terms of operating characteristics, hours of operation, visible and audible impacts, traffic patterns and parking demands, intensity of buildings and activity on the site, and other potential impacts on adjacent property.

4.

Whether a limited time period for the permit is reasonably necessary to either limit the duration of the use, assess the use against changing conditions in the area, or ensure periodic reporting and ongoing enforcement of the permit.

5.

The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of or potential for other uses in the area, and any changes in character occurring in the area.

6.

The recommendations of City staff or other technical reviews associated with the application.

7.

Whether any additional site- or use-specific conditions are necessary to ensure these criteria are met.

C.

Review Procedure. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to conditional use permit applications.

1.

Applications may be accompanied by a site improvement plan where it is necessary to review conformance with standards of this Code and evaluate any performance criteria for the particular uses.

2.

Following the public hearing, the Commission shall make findings on the application and make a decision by approval of a resolution. The findings and resolution shall be issued in writing and signed by the chairperson within ten days of the decision.

3.

The decision of the Commission may be appealed to the Council according to Table 2-1 and EMC § 16-2-1.I.

D.

Effect of Decision.

1.

The applicant shall pay all fees and recording costs.

2.

The City shall record the conditional use permit and any associated plans and conditions with the Arapahoe County Clerk and Recorder.

3.

Approval and recording of a conditional use permit shall authorize the applicant to apply for a building permit, development or construction permits, or other applicable business licenses.

4.

Approval of a conditional use permit shall be valid for two years, and the Commission may grant a one-year extension. Any application not acted upon according to the approval and conditions within this period shall be void. (This period requiring action on an approved conditional use permit is distinct from a condition that limits the duration of the permit.)

5.

All approval conditions or associated plans shall be considered requirements of this Code, and failure to maintain property in compliance with the conditions or plan may be enforced as a violation of the provisions of this ordinance.

6.

A conditional use permit may be revoked by the City through the same procedures approving the permit, upon a finding that the conditions of approval have not been met, or that the use has otherwise violated the provisions of this Code.

7.

Any conditional use found to not be in operation for a period of more than six consecutive months shall be considered abandoned, and no conditional use may be reinitiated without receiving a new permit according to these procedures.

A.

Applicability. A variance is a process to provide relief from a strict interpretation of the zoning and development standards of this Code, which when applied to a particular property and in a specific context would create practical difficulties or unnecessary hardship on all reasonable use of the property. Variances may be initiated by the property owner. The Board shall not be authorized to grant variances resulting in the following situations:

1.

Encroachment into a recorded easement or right-of-way.

2.

Permit a use that is otherwise not allowed.

3.

Allows additional dwelling units in residential districts beyond the lot area or lot width requirements per unit.

4.

In conjunction with or beyond any other flexible, conditional, or discretionary approval such as conditional uses, temporary uses, Planned Unit Development, or administrative adjustments.

B.

Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met:

1.

Unique physical conditions exist, such as size, shape, location, topography or surroundings, which are peculiar to the land or structure involved;

2.

The condition creates a practical difficulty or unnecessary hardship where strict application of the standard unreasonably deprives the applicant of privileges enjoyed by other properties in the vicinity;

3.

The variance is consistent with the intent of the zone district regulations and will secure public health, safety, and welfare;

4.

The variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood; and

5.

The variance is not based on a self-imposed difficulty or hardship.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to variance applications:

1.

A variance request shall not be associated with another application intended to grant discretionary review and flexibility to the standards in question, such as a conditional use permit, temporary use permit, or administrative adjustment. Further, the variance may not be granted as an alternative to an unfavorable decision on those types of applications.

2.

Any action or decision of the Board of Adjustment and Appeals shall follow EMC § 16-1-5.D regarding a quorum and votes.

3.

In granting a variance, the Board may impose conditions and requirements that best assure the criteria for approval are in place and maintained, and any violation of these conditions shall be considered a violation of the ordinance.

4.

The Board shall issue all decisions in writing within 35 days of the hearing, including the grounds for its decision based on findings of fact regarding each criteria.

D.

Effect of Decision.

1.

The applicant shall pay all fees and recording costs.

2.

The City shall record the variance and associated plans and documents with the Arapahoe County Clerk and Recorder.

3.

The variance shall become effective after recording, and the applicant shall be eligible to submit for all building permits or other associated permits in conformance with the approved variance.

4.

A variance shall run with the land except that any decision not acted on within one year of the decision by the Board shall expire.

5.

Any person aggrieved by a final decision of the Board may appeal the decision to the district court within 30 days of the Board's vote on the final decision.

A.

Applicability. The administrative adjustment process provides limited flexibility in the application of standards so that the best design solution may be applied to a particular context or site. It ensures that projects meet the intent and design objectives of the standards of this Code, but allows for relief from strict application of the standards where an equal or better design solution is possible. Administrative adjustments shall not undermine the requirements of this Code, but permit equivalent alternative designs or standards applied in a site-specific or creative way. Administrative adjustment applications may be initiated by the property owner.

Administrative adjustments shall be limited according to Table 2-2, in addition to meeting the review criteria in subsection B.

1.

Development and Dimension Standard. Minor modification of the development standards where the impacts to adjacent property or viewed from public areas would not be observable, and subject to the following limitations:

B.

Review Criteria. The following criteria apply to any application that proposes an administrative adjustment.

1.

Specific conditions of the site make compliance with the standard impractical or strict application of the standard would clearly not advance the intent or design objective of the standard.

2.

The proposed alternative equally or better meets the intent or design objectives of the standard.

3.

The adjustment does not undermine any other standards.

4.

Any change in a dimensional standard is minor, and when viewed from public areas or adjacent property is not observable or does not create additional negative impacts.

5.

The adjustment is not strictly for the convenience of a specific project, but is justified under any of the following broader community benefits:

a.

Aesthetic considerations that permit better coordination of the lot and building with the established character of the specific area;

b.

Improved environmental performance;

c.

Enhanced pedestrian or bicycle accommodations, or better civic space design;

d.

Adaptive reuse of an existing building, additions to an existing building, or infill on an existing lot that addresses a unique situation and accommodates development comparable to that on adjacent property; or

e.

Other innovative design or development techniques that better serve public health and safety considerations.

6.

The deviation is the minimum necessary to address the circumstance, and in no case beyond the limits in subsection A.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to administrative adjustment applications:

1.

Applications shall be submitted with a site improvement plan with the specific standards for which an administrative adjustment is proposed are clearly called out as a separate issue and decision.

2.

The applicant shall submit evidence of notice to abutting property owners, and other evidence that they were made aware of the nature, scope, and extent of the request.

3.

Administrative adjustments may be associated with another application that requires approval of a different review body. The Director may condition approval of an administrative adjustment on final approval of the associated application, and it shall be either affirmed or denied by the review body according to the criteria of the associated application.

4.

The Director may refer any application to the Board of Adjustment and Appeals where it may present potential impacts on adjacent property, inconsistency with the character of an area, or interpretation questions in application of the development standards or review criteria.

5.

Denial of an administrative adjustment request may be appealed by the applicant to the Board of Adjustment and Appeals for any final decision issued by the Director.

D.

Effect of Decision.

1.

Approval of an administrative adjustment shall be indicated by a written statement of the Director or Board of Adjustment and Appeals, which shall be submitted with and clearly called out on any subsequent submitted plans. It shall authorize deviation from the standards only to the extent demonstrated on the approved plans.

2.

The approval shall only be valid for one year from the written statement, or for the time period of any associated or subsequent approved plans.

A.

Applicability. The appeal process is to determine if there was an error in a final decision made under this Code. There are two types of appeals:

1.

Applications. An appeal of a final decision on a development application in Table 2-1 which shall be made according to the appeal process specified for that application.

2.

Administrative Decisions. An appeal of a final administrative decision made under the authority of this Code, which shall require the filing of an Administrative Appeal application according to Table 2-1 and this Section.

All appeals shall follow the standards and criteria in EMC § 16-2-1.I.

B.

Criteria. An appeal shall be reviewed according to the following criteria:

1.

The appeal body shall grant the decision-making body's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

2.

In deciding on an appeal, the review body shall have all powers of the official or review body from whom the appeal is taken and may take any action authorized by the decision-making body under this Code and according to the criteria of the original application.

3.

A decision to reverse or modify a prior decision shall be based only upon findings, supported by the record, that the decision was made in error.

4.

The appeal body may remand the case back to the official or review body for further proceedings based on its decision.

C.

Review Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to administrative appeal applications:

1.

Notice of the administrative appeal shall be served upon the person whose decision is being appealed by providing a copy of the appeal. The administrative official whose decision is being appealed shall transmit all plans, applications and other files directly impacting the decision to the appeal body within 30 days of filing.

2.

An administrative appeal stays all proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the appeal body that a stay could cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the appeal body or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

3.

Appeals to the Board of Adjustment and Appeals shall follow EMC § 16-1-5.D regarding a quorum and votes.

D.

Effect of Decision. The decision by the appeal body shall have the same effect as a decision made by the administrative official or review body, but shall be limited to the facts and circumstances of that particular case. The Director may use a decision on an appeal as a factor when applying the standard appealed from to other similar circumstances. Any person aggrieved by a final decision of the appeal body may appeal the decision to the district court within 30 days of the final decision.

A.

Policy. It is the City's policy to provide a reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and CRS § 29-34-301) for persons with disabilities seeking fair access to housing in the application of this chapter. The purpose of this section is to establish the procedure by which a person may request a reasonable accommodation and how the request is to be processed.

B.

Reasonable Accommodation. Any person seeking to operate a group home that will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a regulation policy, or condition of this Code that poses a barrier to equal access to housing.

C.

Submittal Requirements. The request for relief from any land use regulation or procedure in this Code necessary to ensure equal access to housing for an individual with a disability may come from the person with a disability or handicap, their representative, or a developer or provider of housing for individuals with disabilities. The request shall be submitted in writing on a form provided by the Community Development Department, or in another manner deemed acceptable by the Director, along with any additional information required. The form shall be filed with and processed by the Director. No application fee is required to request a reasonable accommodation.

D.

Review Criteria. The following criteria will be considered when reviewing a request for reasonable accommodation.

1.

Whether the dwelling unit will at all times be used by an individual or group of individuals with a qualifying disability or handicap;

2.

Whether the requested accommodation is necessary to afford persons with disabilities equal opportunities to use and enjoy housing;

3.

Whether the requested accommodation is reasonable under the factual circumstances;

4.

Whether the requested accommodation will impose an undue financial or administrative burden on the City or will require a fundamental alteration of the subject rules, regulations, ordinances, policies, and practices;

5.

Whether adequate measures are in place to mitigate potential negative impacts to surrounding properties;

6.

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit to the applicant.

E.

Decision. The request may be approved, conditionally approved or denied by the Director in accordance with federal law.

1.

If the request is approved or approved with conditions, the request is granted to a disabled individual or individuals for a period of one year only and shall not run with the land unless the request requires a physical modification of a structure that cannot be easily removed or altered.

2.

The accommodation may continue to be used and maintained only by the individual or individuals with a disability under the Fair Housing Amendments Act and must be re-applied for annually.

3.

If the applicant is a provider of housing for persons with a disability, the applicant shall certify to the following in writing as a condition of approval:

a.

The property will not be used as temporary shelter for homeless persons during the term of the reasonable accommodation nor to provide any treatment or care so as to qualify the property as a Residential Care—Institutional facility;

b.

The provider will comply with all building code and health department requirements, nuisance laws and other generally applicable laws, ordinances, rules, and regulations of the City other than those that have been waived or modified as part of the approved request; and

c.

The property is designed and intended for persons with disabilities as defined by the Fair Housing Amendments Act and the provider will use its best efforts to ensure that all residents are persons with disabilities as defined by the Fair Housing Amendments Act.

d.

The provider will maintain liability insurance.

4.

In the event the application is denied, the decision may be appealed to the City Council, who shall hold a hearing on the appeal as close as possible to within 30 days of the receipt of the request for appeal.

F.

Termination of Reasonable Accommodation. In the event that any condition placed upon a grant of reasonable accommodation is violated or the property is no longer used and maintained only by an individual or individuals with a disability under the Fair Housing Amendments Act, the reasonable accommodation shall automatically terminate and the property shall be subject to the same land use regulations, policies, and procedures as any other similarly situated dwelling in the City.

A.

Applicability. A vested property right establishes the right to undertake and complete development according to a "site specific development plan" as defined by this Code to meet the requirements of C.R.S. Article 68 of Title 24. A "site-specific development plan" shall mean final approval and the applicant's acceptance of conditions of any of the following types of applications:

1.

Final Major Subdivision Plat;

2.

Conditional Use Permit; and

3.

Site Improvement Plan.

B.

Review Criteria. In addition to the review criteria for each application, an application for a vested property right shall comply with the following criteria:

1.

The site-specific development plan describes with reasonable certainty the type and intensity of development and provides adequate information regarding all factors that could affect the type and intensity of development.

2.

The City's grant of vested rights is reasonable given the proposed development's benefits to the surrounding properties, surrounding community, or to the City in general.

3.

The applicant provides adequate assurances to the City that the development will go forward as planned in return for the vesting of property rights allowed by Colorado law.

C.

Specific Procedures. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to vested right applications.

1.

Notice and Hearings. The statutory notice and hearing requirements shall be satisfied as follows:

a.

Final Plats. For final plats the notice and public hearing to consider the plat before the Commission provided the Commission shall indicate that a vested right shall only be created upon approval of the required plat by the Council.

b.

Conditional Use Permits. For conditional use permits the notice and public hearing before the Commission to consider the conditional use permit.

c.

Site Improvement Plans. For site improvement plans, which are approved by the Director, a separate hearing before the Council following the Director's decision. The applicant shall request a vested right hearing within 30 days following the approval of the site improvement plan, or the right to request such a hearing shall be waived.

2.

Plat or Plan Language. Each site-specific development plan shall contain the following language: "Approval of this plan [or plat] creates a vested property right subject to all conditions of approval pursuant to C.R.S. Section 24-68-103 et. seq., as amended. The effective date of vesting is [insert date]."

3.

Publication. Approval of a vested right shall be published in a newspaper of general circulation within Englewood within 14 days of the Council's decision advising the public of the site-specific development plan and approval of a vested right.

D.

Effect of Decision.

1.

Final approval of a site-specific development plan shall create a vested right to undertake and complete development and use of real property pursuant to Colorado Statutes, but only as to those terms and conditions contained in the approved site-specific development plan.

2.

The review and approval of a vested property right in a site-specific development plan shall not prevent the City, in subsequent actions, from applying any of the following to the subject property:

a.

New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies in effect as of the site-specific development plan's effective date of approval;

b.

New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the terms or conditions of the approved site-specific development plan;

c.

New ordinances, rules, regulations, and policies that are necessary for the immediate preservation of the public health and safety, whether adopted while a complete application is pending or after the decision; or

d.

New ordinances, rules, regulations, and policies when the City finds that the site-specific development plan is based on substantially inaccurate information supplied by the applicant.

3.

A vested property right shall remain vested for three years from the publication date of the decision, unless a longer term is agreed to by the City in a development agreement. An amendment to any site-specific development plan shall not extend the period of vested rights, unless otherwise authorized by agreement approved by the City.

4.

A landowner may waive a vested property right by separate agreement, which shall be recorded in the office of Arapahoe County Clerk and Recorder. Unless otherwise agreed to by the City, any landowner requesting annexation to the City shall waive in writing any pre-existing vested property rights as a condition of such annexation.

A.

Applicability. A special exception for a home occupation provides flexibility from the performance standards found in EMC § 16-4-4.C.1-8. Uses listed in EMC § 16-4-4.C.9 are prohibited from applying for a special exception for a home occupation.

B.

Review Criteria. A special exception for a home occupation shall be reviewed according to the following criteria:

1.

The application supports the intent of the proposed zoning district and is otherwise determined to be consistent with the Comprehensive Plan.

2.

Compatibility with the area and other allowed uses in terms of operating characteristics, hours of operation, visible and audible impacts, traffic patterns and parking demands, intensity of buildings and activity on the site, and other potential impacts on adjacent property.

3.

The recommendations of City staff or other technical reviews associated with the application.

4

Whether any additional site- or use-specific conditions are necessary to ensure these criteria are met.

C.

Review Procedure. In addition to the general requirements in Table 2-1 and EMC § 16-2-1, the following requirements are specific to special exception for a home occupation application.

1.

Applications may be accompanied by a site improvement plan where it is necessary to review conformance with standards of this Code and evaluate any performance criteria for the particular use.

2.

Following the public hearing, the Commission shall make findings on the application and make a decision by approval of a resolution. The findings and resolution shall be issued in writing and signed by the chairperson within ten (10) days of the decision.

3.

The decision of the Commission may be appealed to the Council according to Table 2-1 and EMC § 16-2-1.I.

D.

Effect of Decision.

1.

The applicant shall pay all fees and recording costs.

2.

The City shall record the special exception and any associated plans and conditions with the Arapahoe County Clerk and Recorder.

3.

Approval and recording of a home occupation exception shall authorize the applicant to conduct the home occupation at the requested property and apply for any applicable permits or licenses required.

4.

All approval conditions or associated plans shall be considered requirements of this Code, and failure to maintain property in compliance with the conditions or plan may be enforced as a violation of the provisions of this ordinance.

6.

A special exception for a home occupation may be revoked by the City through the same procedures approving the permit, upon a finding that the conditions of approval have not been met, or that the use has otherwise violated the provisions of this Code.

7.

Any special exception for a home occupation found to not be in operation for a period of more than six (6) consecutive months shall be considered abandoned, and no special exception may be reinitiated without receiving a approval according to these procedures.

8.

Special exceptions for home occupations shall not transfer between license holders as required by EMC § 5-1-2 or through sale of property.

(Ord. 57-2024, § 1(Att. 01))