The Firestone Development Code may be referred to throughout this document as "this FDC."

This FDC is enacted pursuant to the powers granted and limitations imposed on municipalities by the laws of the State of Colorado, including without limitation C.R.S. §29-20-101 et seq. (Local Government and Land Use Enabling Act). This FDC has been adopted by reference into the Firestone Municipal Code (Ordinance No. 976) and as amended (Ordinance No. 982).

(Ord. 982 Att., 2020)

A.

General purpose. This FDC has as its general purpose the promotion of the health, safety, and general welfare of the Town of Firestone ("Town").

B.

Specific purposes. The provisions of this FDC are specifically intended to:

1.

Foster quality, compatible, and efficient relationships among land uses;

2.

Promote a healthy and convenient distribution of population by regulating and limiting the density of development;

3.

Ensure greater public safety and accessibility through quality physical design and location of land use activities;

4.

Encourage the efficient use of the available land supply;

5.

Promote a balanced supply of residential, commercial, industrial, institutional, and transportation land uses that are substantially compatible with adjacent land uses and that have good access to transportation networks;

6.

Preserve the character and quality of the Town's residential neighborhoods;

7.

Promote a balanced, diverse supply of quality housing located in safe and livable neighborhoods;

8.

Enhance the appearance, visual scale, orientation, quality, and mix of land uses of new developments;

9.

Ensure that developments are substantially compatible with the Town's Comprehensive Master Plan;

10.

Promote the vitality and development of the Town's major employment centers, town centers, and its other commercial and mixed-use districts;

11.

Manage traffic congestion in the streets;

12.

Ensure the provision of adequate open space for light, air, and recreation;

13.

Preserve the value of buildings and land;

14.

Manage the preservation of existing trees and vegetation, wetlands, floodplains, wildlife and habitat, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development;

15.

Encourage development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs;

16.

Facilitate and cooperate with other governments to provide adequate and safe provision of transportation, water, wastewater, storm drainage, schools, parks, and other public facilities;

17.

Provide a clear, timely, business friendly development processing atmosphere, particularly for retail, commercial, and primary employer developments; and

18.

Ensure that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services.

(Ord. 982 Att., 2020)

A.

Jurisdiction. This territorial jurisdiction of this FDC shall include all land located within the legal boundaries of the Town or to a limited extent those lands that desire to annex to the Town through a formal petition process outlined in this FDC.

B.

Application to governmental Agencies. To the extent permitted by law, the provisions of this FDC shall apply to all land, buildings, structures, and uses owned by government agencies in the Town. Where the provisions of this FDC do not legally apply to such land, buildings, structures, and uses owned by government agencies, such agencies are encouraged to meet the provisions of this FDC. Land, buildings, structures, and uses owned, maintained, or operated by the Town or their agents and assigns are expressly exempted from the requirements of this FDC.

C.

Compliance required. No building or structure shall be designed, erected, converted, enlarged, reconstructed, altered, used or occupied, nor shall any land be used, occupied or changed, except in conformity with this FDC. No lot of record that did not exist on the effective date of this FDC shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this FDC.

(Ord. 982 Att., 2020)

Development or encroachment within any easement area shall require authorization from the easement holder. Development within any easement owned by or benefiting the Town shall require specific written permission from the Town.

The provisions of this FDC shall be held to be minimum requirements adopted for the promotion of the public health, safety, and welfare.

This FDC shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of inspection or re-inspection authorized in this FDC or failure to inspect or re-inspect, or by reason of issuing a building permit as provided in this FDC.

A.

Conflict with other public laws, ordinances, regulations, or permits. This FDC is intended to complement other Town, State, and Federal regulations that affect land use. This FDC is not intended to revoke or repeal any other Town, State or Federal law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this FDC are either more restrictive or less restrictive than comparable standards imposed by any other Town, State or Federal law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern.

B.

Conflict with private agreements. This FDC is not intended to revoke or repeal any easement, covenant, or other private agreement. In no case shall the Town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

A.

Purpose. The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations, at the time of the adoption of this FDC.

B.

Violations continue. Any violation of the previous zoning regulation or subdivision regulation of the municipal ordinance shall continue to be a violation under this FDC and shall be subject to the penalties and enforcement set forth in Chapter 10, unless the use, development, construction, or other activity complies with the provisions of this FDC. Payment shall be required for any civil penalty assessed under the previous codes, even if the original violation is no longer considered a violation under this FDC.

C.

Uses, structures, and lots rendered nonconforming.

1.

When a building, structure, or lot is used for a purpose that was a lawful use before the date of adoption of this FDC or modifications thereto, and this FDC no longer classifies such use as a permitted use in the zone district in which it is located, such use shall be considered legally nonconforming and shall be controlled by Chapter 9.

2.

Where any building, structure, or lot that legally existed on the date of adoption of this FDC or modifications thereto, does not meet all standards set forth in this FDC, such building, structure, or lot shall be considered legally nonconforming and shall be controlled by Chapter 9.

D.

Processing of applications commenced or approved under previous ordinances.

1.

Pending applications.

a.

Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the adoption of this FDC, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this FDC. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

b.

An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the adoption of this FDC, may request review under this FDC by a written letter to the Director.

2.

Preliminary approvals. An application for which preliminary approval of a plat or planned unit development (PUD) was granted prior to the adoption of this FDC may be processed for a final decision in accordance with the preliminary approval, and applicable terms of this FDC in place at the time of preliminary approval, even if the application does not comply with one (1) or more requirements set forth in this FDC. Preliminary approvals granted under the previous Zoning Code may be extended no more than once, and for no longer than six (6) months.

3.

Approved projects.

a.

Special use permits, preliminary and final plats, Final Development Plans, grading permits, building permits, sign permits, and variances that are valid upon the adoption of any updates to this FDC, shall remain valid until their expiration date. Projects with valid approvals or permits may be completed with the development standards in effect at the time of approval.

b.

Any building or development for which a building permit was granted prior to the adoption of any updates to this FDC may be permitted to proceed to construction.

c.

If the development for which the building permit is issued prior to the adoption of any updates to this FDC fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the requirements of this FDC.

(Ord. 982 Att., 2020)

A.

If any court of competent jurisdiction invalidates any provision of this FDC, then such judgment shall not affect the validity and continued enforcement of any other provision of this FDC.

B.

If any court of competent jurisdiction invalidates the application of any provision of this FDC, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

C.

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.