Except as otherwise provided, no buildings, other structures or land shall be used, and no building or other structure shall be erected, reconstructed, moved into or within the City limits, or structurally altered except in conformity with the regulations herein specified for the district in which such building is located.

(Ord. 1110 §1, 2010)

(a)

All "site development," as defined at Section 20-10-20, must be reviewed and approved in accordance with the review process and standards set forth in this Article. Table 3-1, the Review Process Chart at Section 20-3-30, establishes the required review steps applicable to different forms of approval. Applicants should refer to the chart to determine which one (1) or more "APPROVAL REQUESTED" under the left-hand column of the chart applies to their proposed development. The required stages of review for each approval are shown on the lines to the right. Submission requirements and the specific review process for each stage are set out in detail in the balance of this Article under the appropriate headings. Unless otherwise indicated, amendment or modification of a prior approval follows the procedure for review of the original application.

(b)

In the event the Planning Commission or other board, commission or staff with authority recommends denial of an application at any stage, the applicant may choose to proceed to the next stage of review or may resubmit the application at the first stage. In the event the review stage is before the City Council, the application may not be further processed following a denial. If, in the opinion of the Director, a submittal at any stage of review is incomplete, the matter shall be removed from the agenda and not further processed until determined complete in accordance with submittal requirements.

(c)

The Planning Commission, City Council, Zoning Board of Appeals or Director may require, prior to or as part of any preliminary or final site development review, that the applicant permit a site visit. In the event a site visit is required, the applicant shall provide access to the property sufficient to accommodate the needs of the site visit and shall, upon request by the Director, stake, flag or otherwise identify on or above the ground features of the property or the proposed development (for example, wetland boundaries, proposed building envelopes and heights, road alignments).

(d)

At any stage of review of any site development application the Planning Commission, City Council, Zoning Board of Appeals or Director may require at the applicant's expense the submission of any plan, study, survey or other information, in addition to that specified in this Chapter, as such body or individual may determine necessary to enable it to review and act upon the application or in order to determine whether the application complies with the requirements of this Chapter.

(e)

All applicants shall, as a condition of review of their application, pay the required fees and costs as set forth at Appendix 20-C to this Chapter. Failure to pay fees or costs shall result in termination of review of the application.

(Ord. 1110 §1, 2010)

______________________________________________

Table 3-1
Review Process

¹  Site plans that include a proposed special use shall be reviewed by the Planning Commission and City Council concurrently with the associated special use permit application. Site plans which are denied by the Director may be appealed to the City Council for a final decision.

²  See Subsection 20-3-110(c) for specific notice requirements controlling the revocation of a special use permit.

(Ord. 1110 §1, 2010)

______________________________________________

(a)

The requirements of this Section apply only to public hearings required by this Chapter and as shown on the Review Process Chart. Where that chart indicates that a public meeting (in contrast to a public hearing) is required, this Section does not apply, and notice of such meeting is subject only to the requirements of the Colorado Open Meetings law, Section 24-6-401, et seq., C.R.S. The requirements for public notice are shown below on Table 3-2.

(b)

Published Notice. At least fifteen (15) days prior to any public hearing which requires published notice, the Director shall cause to be published a notice of such public hearing pursuant to the requirements of Section 1-2-10. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by at least two (2) of the three (3) following methods: (1) street address; (2) general description, such as proximity to intersecting streets; or (3) a legal description.

(c)

Posted Notice. At least fifteen (15) days prior to any public hearing which requires posted notice, the Director shall cause to be prepared, and the applicant shall post signs upon the parcel under consideration which provide notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by at least two (2) of the three (3) following methods: (1) street address, (2) general description, such as proximity to intersecting streets, or (3) a legal description. The signs shall be of a size and form prescribed by the Director and shall consist of at least one (1) sign facing, and reasonably visible and legible from, each adjacent public right-of-way. The fact that a parcel was not continuously posted the full period shall not, at the sole discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made.

(d)

Mailed Notice. At least fifteen (15) days prior to any public hearing which requires notification by mail, the Director shall cause to be sent, by first-class U.S. mail, a notice to:

(1)

Owners of property abutting the subject property within three hundred (300) feet, or which is separated from the subject property only by a public right-of-way, railroad right-of-way or water course; and

(2)

Owners of property included within the application. The notice shall include a short narrative describing the application and an announcement of the date, time and location of the scheduled hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by at least two (2) of the three (3) following methods: (1) street address; (2) general description, such as proximity to intersecting streets; or (3) a legal description. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing and shall not be regarded as constituting inadequate notice.

(e)

Public Notice Time Requirements. Unless otherwise provided in this Chapter, public notice time requirements include the day the notice is posted, is published pursuant to the requirements of Section 1-2-10 or is mailed, and shall also include the day of the public hearing.

(f)

Public Notice Requirements Chart. Table 3-2 identifies when public notice is required, either by publishing, posting or mailing:

Table 3-2
Public Notice Requirements

Key: PUD Planned Unit Development

* Failure to properly notice a special use permit shall mandate denial of the application until such time as notification is perfected; see Subsection 20-3-110(c) for specific notice requirements controlling the revocation of a special use permit.

** Failure to mail such notice to every property owner shall not affect the validity of any proceeding before the Board of Adjustment.

(Ord. 1110 §1, 2010; Ord. 1306 §13, 2025)

(a)

Annexation Generally. In addition to all other applicable requirements of this Chapter, all annexations of land to the City are governed by and must meet the requirements of the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, C.R.S.

(b)

Petitions. In additional to all other applicable requirements of law, all petitions for annexation shall include the following statement: "Petitioner consents to the dedication of non-tributary groundwater under the property proposed to be annexed pursuant to Fort Morgan Code Section 20-5-80 and Section 37-90-137(8) et seq., C.R.S."

(c)

Fees. The City may require the Petitioner to pay a fee to reimburse the City for all or any portion of its costs to review and act upon the annexation. Such costs may include fees set forth in Appendix 20-C.

(Ord. 1110 §1, 2010)

(a)

Privately Initiated Rezoning. The following provisions shall apply when a private citizen or entity initiates the rezoning process.

(1)

Any applicant with a fee ownership interest in a property in the City (or with permission of the fee interest owner) may petition the City Council for a change in the zoning designation thereof. In addition, any applicant may, contemporaneously with or subsequent to the filing of a petition for annexation, file with the City Council a petition requesting a certain zoning designation for the parcel of land for which the annexation is sought. The petition shall contain the following information:

a.

The name, address and nature of interest of the applicant;

b.

A legal description of the property for which the change is sought;

c.

A statement of the property's present zone district designation; and

d.

A detailed statement of the grounds upon which the petitioner relies to establish the necessity for a zoning change.

(2)

Process. Any privately initiated rezoning shall follow the process set forth in the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(3)

Criteria for Rezoning. All actions by the Planning Commission in reviewing and making recommendations on a rezoning application and by the City Council in approving or disapproving such application shall be based in general upon the provisions of this Chapter and on the following additional criteria:

a.

That the land proposed for rezoning, or adjacent land, has changed or is changing to a degree such that it is in the public interest and consistent with the intent, purpose and provisions of this Chapter to encourage different densities or uses within the land in question.

b.

That the proposed rezoning is needed to provide land for a demonstrated community need or service.

c.

That the existing zoning classification currently recorded on the Official Zoning Map is in error.

d.

That the proposed rezoning is in conformance, or will bring the property into conformance, with the Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area.

(4)

Burden of Proof. The applicant shall carry the burden of demonstrating that the land in question should be rezoned and that the advantages resulting from rezoning would outweigh any disadvantages that would result. All applicants are advised there is no right to a change of zoning.

(5)

Action by City Council. At any time subsequent to the public hearing, the City Council, upon being satisfied that sufficient grounds exist for effecting the zoning change requested, may adopt an ordinance upon final reading, approving the same and amending the Official Zoning Map accordingly.

(6)

Amendment of Official Zoning Map. A true and correct copy of the ordinance of the City Council approving such rezoning shall be filed with the City Clerk, and the Official Zoning Map shall be amended to reflect the change in zoning.

(b)

City-Initiated Rezoning.

(1)

Process. The Planning Commission may recommend, or the City Council may initiate on its own motion, amendments to the Official Zoning Map or a change in zoning designation of any property within the City. Amendments to the Official Zoning Map or zoning within the City shall follow the procedure and requirements set forth in Paragraphs (a)(1) through (6) above.

(2)

Adjustment of Boundaries and Official Zoning Map Amendments. Where a lot is divided by a zoning district boundary line, the City Council may by ordinance adjust the boundary line for a distance of up to twenty-five (25) feet where it deems such adjustment is in the best interest of the City. When an error is found to exist on the Official Zoning Map, the City Council may make such correction by ordinance.

(3)

Fees and Costs. Fees and costs of City-initiated rezoning shall be borne by the City, unless the City has negotiated a reimbursement agreement with another interested party.

(Ord. 1110 §1, 2010)

(a)

General Provisions.

(1)

A subdivision application shall be classified as a minor subdivision application and governed by this Section when the application proposes to create fewer than four (4) new lots, parcels, tracts, spaces or interests in land, unless such application proposes or requires public infrastructure to be constructed in association with the subdivision, in which case the subdivision shall be classified as a major subdivision regardless of size.

(2)

For purposes of this Subsection (a), public infrastructure is defined by Paragraph 20-3-80(a)(2).

(3)

The minor subdivision process shall consist of two (2) separate phases, unless otherwise provided herein, as provided in Subsections (b) and (c) below.

(b)

Sketch Plan.

(1)

Purpose. The purpose of the sketch plan is to permit the City to perform an initial informal review of the proposed development at an early stage in the planning process. The City shall not formally approve or disapprove a sketch plan. Comments and suggestions may be offered to the applicant during this phase to provide guidance or clarify City rules, regulations or policies.

(2)

The Director may, in his or her sole discretion, waive the sketch plan requirement for a minor subdivision if it is determined that the sketch plan process would not materially assist the City or the applicant in the subdivision process. If the sketch plan is waived, an application may begin the minor subdivision process with a final plat application as provided in Subsection 20-3-70(c).

(3)

Submittal Requirements.

a.

The applicant shall file a sufficient number of copies, as determined by the Director, of the sketch plan application, along with the application fee set forth in the Fee Schedule located in Appendix 20-C and any additional information requested by the Director for the proposed subdivision.

b.

Unless waived by the Director as provided herein, the application shall meet all the submittal requirements for a major subdivision sketch plan under Paragraph 20-3-80(b)(2). The Director may waive any of the submittal requirements upon a determination that such information is inapplicable to the proposed subdivision or would not materially aid the City in its consideration of the application.

(4)

Process. The sketch plan application shall be reviewed by the City in accordance with the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(c)

Final Plat.

(1)

Purpose. The purpose of the final plat is to accomplish subdivision of land in conformance with all the applicable requirements and standards of the City and all recommendations made at sketch plan review.

(2)

Submittal Requirements.

a.

Not more than six (6) months after submittal of a sketch plan, if applicable, the applicant shall file a sufficient number of copies, as determined by the Director, of the final plat application along with any additional information requested by the Director for the proposed subdivision.

b.

Unless waived by the Director as provided herein, the application shall meet all the submittal requirements for a major subdivision final plat application under Paragraph 20-3-80(d)(2). The Director may waive any of the submittal requirements upon a determination that such information is inapplicable to the proposed subdivision or would not materially aid the City in its consideration of the application.

(3)

Process. The final plat application shall be reviewed by the City in accordance with the Process Chart set forth in Section 20-3-30 except in cases where the City of Fort Morgan is the owner of the entire parcel to be subdivided, in which case administrative approval similar to that of plat correction/amendment as set forth in Section 20-3-30 is required.

(4)

Expiration. Approval of a final plat for a minor subdivision shall expire after twenty-four (24) months unless otherwise specifically provided at the time of final plat approval.

(Ord. 1110 §1, 2010; Ord. 1203 §1, 2018)

(a)

General Provisions.

(1)

A subdivision application shall be classified as a major subdivision application and governed by this Section when the application proposes to create four (4) or more new lots, parcels, tracts, spaces or interests or less than four (4) new lots, parcels, tracts, spaces or interests in land when public infrastructure is proposed or required by this Chapter to be constructed in association with the subdivision.

(2)

For purposes of this Subsection (a), public infrastructure includes water and sewer lines and stubs, drainage facilities, electrical facilities, lines and facilities - whether above or below ground - for telephone, television, internet or any other type or form of data transfer, streets, curb and gutter, sidewalks, common access areas, such as shared driveways, and any other type of facility deemed by the Director to be reasonably necessary to support the residents, users or owners of the subject property.

(3)

The major subdivision process shall consist of three (3) separate phases: sketch plan, preliminary plat and final plat, unless otherwise provided herein, all as described in Subsections (b), (c) and (d) below.

(4)

The approval of a preliminary plat shall expire after twelve (12) months unless otherwise specifically provided at the time of preliminary plat approval; it being the intent of the City that an approved preliminary plat ultimately and timely lead to the City's consideration of a final plat. Approval of a final plat shall expire after twenty-four (24) months unless otherwise specifically provided at the time of final plat approval.

(b)

Sketch Plan.

(1)

Purpose.

a.

The purpose of the sketch plan is to permit the City to perform an initial informal review of the proposed development at an early stage in the planning process. The City shall not formally approve or disapprove a sketch plan. Comments and suggestions may be offered to the applicant during this phase to provide guidance or clarify City rules, regulations or policies.

b.

The Director may, in his or her sole discretion, waive the sketch plan requirement for major subdivisions consisting of ten (10) or fewer acres. If the sketch plan is waived, an application may begin the major subdivision process with a preliminary plat application as provided in Subsection 20-3-80(c).

(2)

Submittal Requirements.

a.

The applicant shall file a sufficient number of copies, as determined by the Director, of the sketch plan application, along with the application fee set forth in the Fee Schedule located in Appendix 20-C and any additional information requested by the Director for the proposed subdivision.

b.

The application shall include the following information. The Director may waive any of these submittal requirements upon a determination that such information is inapplicable to the proposed subdivision or would not materially aid the City in its consideration of the application:

1.

A drawn plan of the proposed subdivision, roughly to scale, illustrating the subdivision layout, access routes, proposed uses of the subject property, total acreage of land to be subdivided, number and approximate size of proposed lots, and features and uses of adjoining properties.

2.

Identification of the location and size of all utility lines adjacent to the proposed subdivision.

3.

Information on topography, such as flood plain areas, wildlife habitat or hazard areas, drainage issues, steep grades and slopes, lakes, streams and vegetation.

4.

Information on geologic features of the property that may affect proposed development, the potential impact of such features and how the applicant proposes to mitigate such impact. Examples of such features are soil type, historic drilling or excavating activities, hazardous materials, possible exposure to radioactive materials, mudflows, unstable slopes and seismic activities.

5.

A property survey and statement of ownership of the land to be subdivided showing ownership of the adjoining properties.

6.

Evidence of adequate water supply and sanitary sewer service, including the quantity, quality, dependability, availability and source of water and the type of sewage disposal and treatment system proposed.

7.

Information on the proposed provision of public services and amenities, such as fire protection services, solid waste disposal, recreation, parks and schools.

(3)

Process. The sketch plan application shall be reviewed by the City in accordance with the Review Process Chart at Section 20-3-30 and Notice Chart at Section 20-3-40.

(c)

Preliminary Plat.

(1)

Purpose. The purpose of the preliminary plat is to provide the City with an overall master plan for the proposed subdivision. It is more detailed than the sketch plan and should incorporate the comments and guidance provided during the sketch plan process. The City will take formal action on a preliminary plat application.

(2)

Submittal Requirements.

a.

The applicant shall file a sufficient number of copies as determined by the Director, of the preliminary plat application along with the application fee as set forth in the Fee Schedule located in Appendix 20-C and any additional information requested by the Director.

b.

The preliminary plat application shall include the following information. The Director may waive any of the following requirements upon a determination that such information is inapplicable to the proposed development:

1.

A vicinity map drawn to scale, showing a minimum of one-half (½) mile around the outermost boundaries of the proposed subdivision, illustrating existing roads, streams, City boundaries, platted and unplatted areas, adjoining ownerships, adjacent zoning, above- and below-ground utilities and other major features of the surrounding properties, whether natural or man-made features. The map should also include section lines, if applicable, or indicate the nearest section lines for reference purposes.

2.

A preliminary plat map, drawn to scale of not less than one (1) inch equals two hundred (200) feet, with dimensions of twenty-four (24) by thirty-six (36) inches or larger, illustrating the following:

a)

Proposed name of the subdivision.

b)

Date of preparation of the map, a true north arrow, scale and name, address, telephone number and signature of the map preparer.

c)

Names and addresses of the landowners, the applicants and the designer of the subdivision.

d)

An accurate survey of the perimeter boundary of the subdivision with ties to permanent location markers and total acreage of the subdivision.

e)

Topography, including contour lines at two-foot intervals.

f)

The location and dimensions of all existing and proposed rights-of-way, including names thereof, all buildings, easements, water and sewer lines, telephone lines, power lines, gas lines, water courses, irrigation ditches and laterals, and other significant features within the subject property and adjoining properties.

g)

Principal dimensions to the nearest foot and the approximate number and area of all proposed lots, parcels and tracts.

h)

Proposed use or uses for each lot, parcel and tract.

i)

Number or letter designation for each lot, parcel and tract. Lots must be consecutively numbered, either throughout the subdivision or block by block. Parcels and tracts may be designated by any other reasonable lettering or numbering system.

j)

Names of adjoining subdivisions and the names of the owners of any adjoining unplatted property.

k)

Proposed method of addressing proposed development within areas of special flood hazard, if applicable.

l)

Location and dimension of all parks and other areas to be reserved or dedicated for public use.

3.

Evidence that adequate water shall be supplied to the subdivision in terms of quantity, quality, availability and dependability. Such evidence must be provided in a written report prepared and signed by a professional engineer registered in the State.

4.

Evidence that adequate sewage treatment facilities that comply with all applicable state, local and federal requirements shall be provided to the subdivision. This evidence must also be provided by written report, prepared and signed by a professional engineer registered in the State.

5.

Evidence of compliance with the dedication and performance guarantee requirements found in Article 8, Site Improvements and Dedication, as applicable.

6.

Any proposed covenants or restrictions to control activities or land uses within the subdivision.

7.

If the proposed subdivision lies wholly or partially within a geographic, topographic, wildlife or other type of hazard area, a report, map and data detailing the particular hazard, the effect such hazard may have on the proposed development and use of the subdivided land, any applicable state or federal rules, regulations or policies that affect development in and around such hazard, and a minimum of two (2) alternatives to address such hazard in the context of the proposed subdivision.

8.

If any proposed right-of-way will intersect with a state or federal highway, a copy of the applicable access application or permit.

9.

An erosion control plan and drainage plan.

10.

A preliminary fire protection plan.

11.

A preliminary engineering plan for utilities and roads.

12.

A traffic study in form approved by the City Engineer.

13.

A title report, dated no more than three (3) months prior to submission of the preliminary plat application, showing the names of all surface owners, lien holders, mineral owners and lessees of mineral rights in the platted area as the names appear upon records in the County Clerk and Recorder's office. The title report shall also provide all easements of record and shall show clear title to all rights-of-way and other parcels being dedicated to the City.

(3)

Process: The preliminary plat application shall be reviewed by the City in accordance with the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(d)

Final Plat.

(1)

Purpose. The purpose of the final plat is to complete the subdivision of land in conformance with all the applicable requirements and standards of the City and all recommendations made at earlier stages of major subdivision review. It is the last step in the major subdivision process.

(2)

Submittal Requirements.

a.

Not more than twelve (12) months after approval of a preliminary plat application, the applicant shall file a sufficient number of copies, as determined by the Director, of the final plat application, along with any additional information requested by the Director or identified as required by the Planning Commission or the City Council during the preliminary plat process.

b.

The final plat application shall include the following information. The Director may waive any of the following requirements upon a determination that such information is inapplicable to the proposed development:

1.

A Mylar plat, drawn to scale, with dimensions of twenty-four (24) by thirty-six (36) inches, signed by a registered Colorado land surveyor, illustrating the following:

a)

Subdivision name, scale, true north arrow, date of preparation and basis of bearings.

b)

The property owner's name and mailing address.

c)

A legal description of the subject property and the total acreage.

d)

Complete survey data indicating all information necessary to establish the boundaries in the field; a description of all monuments which mark the boundaries of the property; and a description of all control monuments used in conducting the survey.

e)

Subdivision boundary lines; all rights-of-way lines; easements; property lines of lots, parcels and tracts; all of which shall illustrate accurate distances, bearings, curve radii, central angels and arc lengths.

f)

Proposed right-of-way names and easement descriptions and widths of each right-of-way and easement.

g)

The number or letter designation of each lot, parcel and tract and the area of each.

h)

A vicinity map, drawn to scale, illustrating the perimeter of the platted area, accesses to and from the subdivision, adjoining subdivisions and unplatted lands, any surrounding section lines, and other information which could assist someone unfamiliar with the area in locating the subdivision.

i)

All plat notes and dedication language required by Article 8, Site Improvements and Dedication as applicable.

2.

A tax certificate from the County Treasurer showing that no taxes are currently due or delinquent against the subject property.

3.

A title report, dated no more than three (3) months prior to submission of the final plat application, showing the names of all surface owners, lien holders, mineral owners and lessees of mineral rights in the platted area as the names appear upon records in the County Clerk and Recorder's office. The title report shall also provide all easements of record and shall show clear title to all rights-of-way and other parcels being dedicated to the City.

4.

A certificate of notice to mineral estate owners as required by Section 24-65.5-103, C.R.S.

5.

Written evidence from utility companies, as applicable, regarding their ability to provide service to the subdivision.

6.

Any restrictions or covenants to be recorded controlling the use of land and activities within the subdivision.

7.

If any proposed right-of-way will intersect with a state or federal highway, a copy of the applicable access application or permit.

8.

Two (2), or such other number as designated by the Director, complete sets of design and construction drawings prepared by a professional engineer licensed in the State, that shall include: roadway/utility plan and profiles, roadway/utility cross-sections, a drainage plan, and other details necessary for construction, at a scale no smaller than one (1) inch equals forty (40) feet, unless otherwise approved by the City Engineer.

9.

Construction drawings shall be prepared on a twenty-four-by-thirty-six-inch plan and profile sheets at a minimum horizontal scale of one (1) inch equals forty (40) feet, with a vertical scale of one (1) inch equals five (5) feet. Other scales may be approved by the City Engineer. Each drawing shall include a title block showing the project identity, scale and date, name and title of designer; a north arrow; legend and notes.

10.

Roadway design shall be prepared on plan and profile drawings. The plan view of the roadway should be shown by centerline stationing with curve control points being identified by stationing. The curve radii, delta angles and bearings of tangents shall be shown when required by the City Engineer. All rights-of-way and rights-of-way elements, such as curbs, gutters, utilities and easements, shall be illustrated. The profile shall illustrate vertical alignment for existing and proposed roads and storm sewers by stationing and grade. The plan and profile of any given road shall be illustrated on the same sheet. The cross-culvert locations shall be shown by stationing and skew angle. All applicable City design specifications and standards shall be followed.

11.

Any major intersections shall be identified by the City Engineer. Major intersection design shall require illustration at a scale of one (1) inch equals twenty (20) feet, on a twenty-four-by-thirty-six-inch plan-drawing sheet. The configuration and channelization shall be shown in detail to include elevations of the roadway surface, curbs and gutters; striping and paving; and signalization.

12.

Unless waived by the City Engineer, a drainage study must be prepared and provided by a professional engineer licensed in the State. The drainage study shall include an illustration prepared on a twenty-four-by-thirty-six-inch plan-drawing sheet, drawn at the same scale as the roadway drawings, that illustrates: contours of existing conditions and of developed conditions; flow paths of storm waters; the outlines of sub and major drainage basin flows to and within the subdivision; and runoff control measures such as detention ponds. The drainage study shall also describe the effect of offsite flows on the subdivision and how the subdivision will affect flows to adjoining properties, including any control measures which will be necessary for proper conveyance of such flows.

13.

Construction details of proposed roadway and drainage structures shall be shown at a scale of one (1) inch equals twenty (20) feet or one (1) inch equals ten (10) feet, as determined by the City Engineer, on a twenty-four-by-thirty-six-inch plan-drawing sheet. The sheet shall be identified by a title block to include all pertinent information. The details may additionally be presented on an eight-and-one-half-by-eleven-inch paper to be included in the construction specifications report. The drawings shall depict construction details of such items as erosion protection measures at culverts, drop inlets, detention pond facilities, final roadway template showing structural data, channel cross sections and other structures pertinent to construction.

14.

Evidence of compliance with the requirements of floodplains, concerning proposed development within areas of special flood hazard, if applicable.

15.

A hazard mitigation plan, when required as a result of preliminary plat review, and noted on the final plat.

16.

A fire protection plan, reviewed and approved by the Fire Chief.

17.

Any deeds or other instruments required to complete or secure the conveyance of lands for public purposes, as determined by the City.

18.

A Subdivision Improvements Agreement (S.I.A.) fully executed by the applicant and that meets the requirements of Section 20-8-30.

(3)

Process. The final plat application shall be reviewed by the City in accordance with the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(Ord. 1110 §1, 2010)

(a)

Process. Planned Unit Development (PUD) applications shall be processed in accordance with the Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(b)

Submittal Requirements and Design Standards.

(1)

A PUD application shall serve as a concurrent application to zone (or rezone) the subject property and, if requested, to subdivide, or plat, the property. As such, a PUD application shall include the submittal requirements applicable to zone or rezone (Section 20-3-60) and to subdivide (Section 20-3-80) the subject property. Although an application under this Article 3 must obtain only one (1) form of City approval (PUD), all applicable subdivision design standards (Article 7), zoning standards (Article 4) and dedication and performance guarantee requirements (Article 8) must be met.

(2)

All of the owners, if more than one(1), of a tract or parcel of land to be developed as a PUD, must join in the application for such development, either personally or by a legally appointed attorney in fact.

(3)

Title to land areas, buildings and facilities of joint use shall be retained by the developers or deeded to a legal entity composed of all homeowners in the development or, when acceptable, deeded to the City. Open space areas and recreation areas shall be perpetually cared for and maintained, and the City Attorney shall approve the plan and legal documents which the developer submits to ensure the intent of this provision.

(c)

Amendments. The final development plan approved by the City Council shall be binding and shall not be modified during the construction of the PUD except upon application to the City under the following procedures:

(1)

Minor changes in location, orientation, bulk of structures, height or character of buildings may be authorized by the Planning Commission at a public meeting, without a public hearing, if required by circumstances not reasonably foreseen at the time of final plan approval. The Director shall make all initial determinations of whether a proposed change is minor, for purposes of this Paragraph. The Director's determination may be appealed to the Planning Commission. The Director shall execute the amended plat, when approved, on behalf of the City.

(2)

All other changes must be approved under the same manner and process by which the original PUD was approved.

(d)

Designation. Upon approval of a PUD, the subject area shall be designated and shown on the Official Zoning Map of the City as a PUD district. The ordinance approving the zoning change containing the legal description shall be recorded with the County Clerk and Recorder to provide notice that the land is subject to PUD regulations.

(e)

Enforcement.

(1)

The provisions of an approved PUD concerning the use of land and the location of common open space shall run in favor of the City and shall be enforceable in law or in equity by the City without limitation on any powers or regulation otherwise granted by law, including the enforcement mechanisms authorized by Section 20-2-50.

(2)

All other provisions of an approved PUD shall run in favor of the residents, occupants and owners of the lots in the PUD, to the extent expressly provided in the plan and in accordance with the terms of the plan. Such provisions may be enforced at law or in equity by such persons.

(Ord. 1110 §1, 2010)

(a)

Eligibility. The requirements of this Section shall apply to site development, as defined at Section 20-10-20, on property for which the use proposed is a use by right (permitted use) as defined by this Chapter and listed in Article 4; provided, however, that this Section shall not apply to single-family or two-family dwellings.

(b)

Process. An application for site plan approval shall be processed in accordance with the Review Process Chart at Section 2-3-30 and the Notice Chart at Section 2-3-40.

(c)

Form of Application. Each site plan application shall be of high quality and clearly convey the information required. An acceptable level of quality will generally be produced by following the guidelines below:

(1)

Be printed in ink or other permanent means.

(2)

Have a border along the perimeter of the drawing and a title block located in the lower right corner.

(3)

Be neat, orderly, uncongested and legible.

(4)

Lines shall be drawn with straight edges, curves and irregular shapes shall be drawn with a compass, template or other devices common to the drafting industry. Lettering shall be neat and orderly such as that produced from a lettering guide.

(5)

Computer-generated drawings are acceptable, provided they meet the general quality standards stated in this Section.

(d)

Submission Requirements. A site plan application must include the following information. The Director may request additional information or waive submission of certain items as deemed necessary for the review of the site plan:

(1)

A vicinity map;

(2)

Existing and proposed lot lines;

(3)

A signed surveyor's certification;

(4)

A legal description matching the certified survey;

(5)

Scale and north arrow;

(6)

Date of map preparation and the name and address of person who prepared map;

(7)

Location of one-hundred-year floodplain;

(8)

Existing and proposed contours at two-foot intervals;

(9)

Location of all existing and proposed:

a.

Setbacks, existing and proposed;

b.

Fences, walls or screen plantings and the type and height;

c.

Exterior lighting, location, height and type;

d.

Signs, including type, height and size;

e.

Landscaping;

f.

Parking and loading areas, including handicap parking areas;

g.

Easements and rights-of-way;

h.

Buildings to be developed or retained on the site, including possible use, height, size, floor area and type of construction;

i.

Existing and proposed streets, including names, widths, location of centerlines and acceleration/deceleration lanes;

j.

Curbs, gutters, sidewalks, and trails;

k.

Location of trash containers and method of screening;

l.

Areas to be used for outside work areas, storage or display and method of screening.

(10)

Adjoining property lines, buildings, access, parking, so that development compatibility can be determined;

(11)

An improvement guarantee compliant with Section 20-8-50 for any public improvements required and for which the Director determines financial security is required or advisable;

(12)

A statement of proposed uses;

(13)

Site data, including:

a.

Total area of property (gross and net);

b.

Building coverage;

c.

Landscape coverage;

d.

Total lot coverage by all structures and paving;

e.

Number of parking spaces;

f.

Gross floor area; and

g.

Number of residential units and density, if applicable.

(14)

A drainage plan prepared by a professional engineer registered in the State, if requested;

(15)

Traffic study, if requested; and

(16)

Signature block for the Director or City Council (as determined by Director).

(e)

Criteria for Review. The Director shall consider the following criteria in reviewing the site plan application:

(1)

The proposed site development is a permitted use in the zone district;

(2)

The proposed site development meets all of the applicable requirements of this Chapter;

(3)

The proposed site development is in conformance with the Comprehensive Plan; and

(4)

Any required improvements have been adequately guaranteed pursuant to Section 20-8-50.

(f)

Action on Application. Except as otherwise specifically provided herein, site plans shall be reviewed by the Director, who may approve, conditionally approve, or deny the proposal. Site plans that include a proposed special use shall be reviewed by the City Council concurrently with the associated special use permit application, as set forth in the Review Process Chart at Section 20-3-30.

(g)

Appeals. Upon final decision of the Director, an applicant may appeal the decision to the City Council. Final decisions of the City Council are appealable to the district court as provided by law.

(h)

Modification of Plan During Construction. All site improvements shall conform to the approved site plan, including engineering drawings approved by the Director. If the applicant makes any changes during construction in the development in relation to the approved site plan, such changes shall be made at the applicant's risk without any assurances that the Director will approve the changes. The applicant will be required to correct the unapproved changes so as to conform to the approved site plan.

(i)

Enforcement. The Building Inspector shall not issue a building permit for any use requiring site plan approval until a site plan has been approved. The Building Inspector shall not issue a certificate of occupancy until all site improvements shown on the site plan have been completed as verified by the Director or a financial guarantee for the improvements has been secured by the City in accordance with Section 20-8-50.

(j)

Expiration of Site Plan Approval.

(1)

Approval of a site plan shall expire and be of no effect unless a building permit has been issued within one (1) year of the date of the approval of the site plan. Approval of a site plan shall expire and be of no effect two (2) years following approval unless construction has begun on the property and is diligently pursued to completion in conformance with the approved site plan.

(2)

In the case of a phased development, individual site plans shall be submitted and approved for the initial development phase and, in turn, for each subsequent phase of development.

(3)

If any approved site plan has expired, no permits for development or use of the subject property shall be issued until all applicable requirements of this Chapter have been satisfied. An extension of time may be granted by the Director for just cause.

(Ord. 1110 §1, 2010)

(a)

Process. In all zone districts, where there are uses listed in Table 4-1, Section 20-4-90 as a special review use ("S"), such uses may not be initiated, maintained or otherwise conducted without approval by the City Council of a special use permit, following the procedure set forth in the Review Process Chart at Section 20-3-30 and noticed as required by the Notice Chart at Section 20-3-40.

(b)

Submission Requirements. A special use application shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. All applications shall be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site plan shall meet all requirements of Subsection 20-3-100(d).

(c)

Criteria for Review. The Planning Commission and City Council shall base their decisions in recommending upon or granting, conditionally granting or denying a special use permit application in consideration of the extent to which the applicant demonstrates the following criteria have been met:

(1)

That the proposed special use is compatible with adjacent uses and adjacent zone districts, as applicable, including the proposed special use potential traffic generation, noise, lighting impacts, parking requirements and general effects on such adjacent uses and properties;

(2)

That the special use meets all existing criteria for minimum lot area, setbacks, maximum building height, permitted signs and parking;

(3)

That the special use will not change the predominant character of the neighborhood;

(4)

That special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services;

(5)

That the proposed special use conforms with the comprehensive plan; and

(6)

That there is a history of compliance by the applicant and/or property owner with requirements of this Chapter and of the City Code in prior conditions, if any, regarding the subject property.

(d)

Council Action. After the close of the required public hearing, the City Council may approve, approve with conditions, or deny the proposed special use. In the event the Council chooses to approve the special use with conditions, such conditions may include, but are not limited to, the following:

(1)

That the special use runs with the land in perpetuity;

(2)

That the special use is personal to the applicant and may or may not be inherited. In the absence of any specific findings or orders of City Council, the permit shall be deemed to be non-transferable and personal to the applicant;

(3)

That the special use may be granted only for a defined period, after which time it shall expire unless renewed subject to all of the requirements of this Section;

(4)

Any other condition which in the opinion of the City Council is necessary to render the special use compliant with the requirements of this Chapter and the Comprehensive Plan, compatible with adjacent uses and zone districts, and to protect the health, safety and welfare of the City residents.

(e)

Revocation. A special use permit may be revoked by the City Council for failure to comply with any of the terms and conditions attached to such permit. A public hearing on revocation shall be held after public notice in the same manner as that required for the initial grant of the special use permit. Such notice may be personally served, mailed to the applicant's last known address by first-class U.S. mail, or conspicuously posted on the property upon which the use is located. If notice is posted, such notice shall remain conspicuously posted on the property for at least five (5) of the ten (10) days preceding the City Council's consideration. If a special use permit is revoked, the City Council shall issue written notice of revocation within ten (10) days of the completion of its consideration thereof. Such notice may be served personally upon the applicant or mailed to his or her last known address by first-class U.S. mail.

(Ord. 1110 §1, 2010)

(a)

Permit Required. A permit is required prior to conducting or maintaining any temporary use described in Section 20-4-50.

(b)

Process. Application for a temporary use permit shall be made to the Director on forms provided by the City, and shall be processed in accordance with the Review Process Chart at Section 20-3-30. The Director may approve, approve with conditions, or deny the application, based upon its compliance with applicable portions of Section 20-4-50 and this Chapter generally. The Director shall consider the impact of the proposed temporary use on adjacent and surrounding properties.

(c)

Expiration; Revocation. The Director shall specify the duration of the permit, and may extend the same, upon request, no more than two (2) times. The Director may revoke the permit at any time for failure of the permittee to satisfy and/or maintain conditions of approval.

(Ord. 1110 §1, 2010)

(a)

Permit Required; Process. Any person desiring to construct, erect, relocate, remodel or otherwise change or affect any sign within the City, except those signs are specified in Section 20-9-20 as exempt, shall make application for a permit for the same. The permit shall be processed pursuant to the procedures set forth in the Process Chart, Section 20-3-30.

(b)

Submission Requirements. Each application for a sign permit shall be made on forms provided by the City, and shall be accompanied by the applicable permit fee. The application shall include two (2) complete scale drawings (showing size, shape, design, materials, colors, plot plan of site, including any required landscaping, specifics on location, elevation of sign, mounting method, and lighting). The City Manager or designee shall review the application for completeness within two (2) business days after submittal. If the application is incomplete, it shall be returned to the applicant with a written list of materials that are required to complete the application.

(c)

Review Criteria. The City Manager or designee shall review the application and supporting documentation to determine whether the proposed sign conforms to the requirements of Article 9 of this Chapter. The City Manager or designee shall grant or deny the application within three (3) business days after determining that it is complete. If the application is denied, the City Manager or designee shall provide the specific reasons for denial in writing to the applicant within one business day after the decision.

(d)

Expiration and Enforcement. An approved sign permit is valid for six (6) months or for an extended period of time as approved by the City Manager or designee, and the approved sign must be erected within that time period or a new permit must be applied for and granted. The City Manager or designee may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application, or failure of the permittee to satisfy or maintain conditions of approval.

(Ord. 1110 §1, 2010; Ord. 1188 §1, 2016)

(a)

Purpose. The requirements of Chapter 20 Article 9 ensure that signs that meet certain minimum standards for public safety and consistency with the aesthetic character of the City may be promptly approved and displayed. In some cases, alternative standards may improve the aesthetic and functional qualities of the development. Approval of a sign design program pursuant to the standards of this Section allows for unified presentation of signage throughout a development, flexibility to address unique environments, and pre-approval of designs and design elements to make processing of subsequent applications for sign permits more efficient. To these ends, an alternative sign program is created.

(b)

Authorization to Modify Requirements. Signage which is proposed as part of an alternative sign program may deviate from the standards of Chapter 20 Article 9 in terms of the types and numbers of signs allowed, the maximum sign area, and materials and illumination standards, subject to compliance with an approved alternative sign program. Prohibited sign types and prohibited sign elements shall not be allowed by alternative sign program approval.

(c)

Procedures. Alternative sign program applications shall be submitted on a form approved by the City Manager or designee. City staff shall review the application for completeness and shall forward the application to the Planning Commission for consideration at a noticed public hearing within 45 days after the date of application. The Planning Commission shall consider the application at the public hearing, and shall either approve the application, approve the application with conditions unrelated to sign content or viewpoint, or deny the application after applying the approval criteria set out in Subsection D, below subject to the limitations of Subsection E, below. Public hearings on alternative sign program applications shall not be tabled or continued without the applicant's consent, which shall be included in the record of the hearing.

(d)

Approval Criteria. The Planning Commission may approve an alternative sign program if it finds that the alternative sign program results in a substantially improved, comprehensive, and unified proposal compared to what is allowed through strict compliance with the sign regulations of Chapter 20 Article 9, as follows:

(1)

Integrated or Complementary Architectural Theme. The alternative sign program shall establish or continue an integrated architectural vocabulary and cohesive theme for the development. All signs shall be architecturally integrated into or complementary to the design and materials of the buildings and character of the site, and shall use similar and coordinated design features, materials, and colors.

(2)

Modification of Sign Setbacks or Spacing Requirements. Setbacks or spacing requirements for detached signs may be different from the requirements of Chapter 20 Article 9 if it is demonstrated that there is no impact on public safety or on utility easements, the aesthetic impact of the modification is appropriately mitigated, there is no material impact on the ability of a neighboring property owner to display signage, and all other requirements for approval of an alternative sign program are met.

(3)

Height, Area, Number and Location of Signs. The height, area, type, number and location of signs permitted through the alternative sign program shall be determined by the Planning Commission, based on the following factors:

a.

The overall size of the development and the scale of the use or uses located or anticipated to be located there (larger land areas and scales of use tend to favor larger signs and/or more signs);

b.

The relationship between the building setback and sign location (higher visibility signage may be appropriate for buildings with lower visibility);

c.

The length of the frontage (larger frontages may justify more or larger signs, particularly if the size of the frontage tends to prevent sign clutter by allowing additional spacing between signs);

d.

The access and visibility to the site;

e.

The intended traffic circulation pattern;

f.

Hierarchy of signage;

g.

Relationship between the site and adjacent uses; and

h.

Consistency with the objectives and design policies of the Comprehensive Plan and any applicable land use or design plans approved by the City for the area in which the alternative sign program is proposed.

(e)

Maximum Total Sign Area and Sign Height. Maximum sign area and sign height for the property subject to an alternative sign program shall be established in the alternative sign program (as to particular signs or for the entire site), but shall not exceed the following limits:

(1)

The total permitted sign area for detached permanent signs shall not exceed one hundred fifty percent (150%) of the sign area for detached permanent signs that would otherwise be permissible if the property were in strict compliance with Chapter 20 Article 9.

(2)

The total permitted sign area for attached permanent signs shall not exceed one hundred twenty-five percent (125%) of the sign area for attached permanent signs that would otherwise be permissible if the property were in strict compliance with this Article.

(3)

The permitted sign height for detached permanent signs shall not exceed one hundred twenty-five percent (125%) of the permitted sign height for the type of sign to which the increase in height is applied.

(4)

Attached signs may be allowed to extend above principal roof lines, provided that they do not extend above the roof line more than one-half of the height of the building to which they are attached.

(f)

Elimination of Nonconforming Signs. In addition to proposed new signage, all existing signs on a property for which an alternative sign program approval is sought shall be addressed in the application. The Planning Commission may require removal or modification of existing nonconforming signs as a condition of approval of an alternative sign program.

(g)

Temporary Signs. An alternative sign program may address temporary signs.

(h)

Conditions Of Approval. The Planning Commission may impose reasonable conditions on the alternative sign program that are not related to the content or viewpoint of the signs or the nature of the sign users, in order to ensure continuing compliance with the standards of Chapter 20 Article 9 and approved alternative sign programs. If an applicant does not agree to the conditions, the applicant may terminate the alternative sign program by notifying the City in writing, provided that either:

(1)

No signs have been installed pursuant to the alternative sign program; or

(2)

The termination of the alternative sign program does not result in the presence of nonconforming signs on the applicant's property.

(i)

Contents of an alternative sign program. An alternative sign program shall set forth a master plan for signage for an entire development. An alternative sign program shall set out:

(1)

The boundaries of the parcel or parcels in which the program will be applied;

(2)

Architectural elevations and principal building materials for the buildings that are proposed (or will be retained) on the parcel or parcels;

(3)

Sign dimensions and approximate locations;

(4)

Sign materials;

(5)

Proposed illumination, including maximum illumination levels and light sources;

(6)

A design theme with illustrative examples of each sign type, the form of each sign type, and the proposed general locations of each sign type; and

(7)

A demonstration that the sign design program will improve the aesthetics of the development, reduce sign clutter, and avoid or mitigate adverse impacts on the use, enjoyment, or value of adjacent and nearby property, compared to the signage that would be allowed pursuant to the strict application of Chapter 20 Article 9.

(j)

Effect of Approval. Upon approval of an alternative sign program, sign permits shall be issued by City staff based on compliance with the standards set out in the alternative sign program for the development. alternative sign programs may also specify types of signs that may be installed without further permits. If temporary signs are not addressed in an alternative sign program, then they shall be subject to the standards set forth in Chapter 20 Article 9.

(k)

Duration of Approval. An alternative sign program approval shall have a term of three (3) years. If no sign has been constructed or installed within the term of the approval, the alternative sign program approval shall terminate. The Planning Commission may require that an alternative sign program be tied to a concurrent development approval, and may extend the term of the alternative sign program to correspond to the term of an associated development approval.

(l)

Amendment. An alternative sign program may be amended by the same process that is used to create the alternative sign program. An application for amendment to an alternative sign program shall not affect the validity of the alternative sign program unless and until the application is approved and conditions of approval, if any, are accepted by the applicant.

(Ord. 1188 §2, 2016)

(a)

Application and Scope.

(1)

This Section provides the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S. Nothing in this Section is intended to create any vested property right. In the event of the repeal of said Article 68 or a judicial determination that such Article is invalid or unconstitutional, this Section shall be deemed to be repealed and the provisions hereof no longer effective.

(2)

Approval of a site specific development plan pursuant to this Section shall not constitute an exemption from or waiver of any other provision of this Chapter or any other law, rule or regulation of the City concerning the development and use of property.

(3)

The applicant for a vested right shall make application for the same concurrent with the site development approval under Section 20-3-30 for which the vested right is requested. No vested right is created without such an application.

(b)

Approval; effective date; amendments. A site specific development plan shall be deemed approved upon the effective date of the final City approval of the accompanying site development review process application. In the event amendments to an approved site specific development plan are proposed and approved, the effective dates of such amendments, for purposes of duration of a vested property right, shall be the date of approval of the original site specific development plan, unless the City Council specifically finds to the contrary and incorporates such finding in its approval of the amendment.

(c)

Notice of Approval. Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." The failure of any such document to contain this statement shall not invalidate the creation of the vested property right. In addition, a notice generally describing the type and intensity of use approved, the specific parcel of property affected and stating that a vested property right has been created, shall be published once, not more than fourteen (14) days after approval of the site specific development plan, as set forth in Section 1-2-10.

(Ord. 1110 §1, 2010; Ord. 1306 §14, 2025)

(a)

Process.

(1)

All appeals shall be filed with the Zoning Board of Appeals no less than thirty (30) days following the decision being appealed.

(2)

All applications for appeals and variances shall be reviewed by the City Council in accordance with the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40.

(3)

Unless otherwise stated in the Board minutes, all variances must be implemented within six (6) months from the date such variance is granted. If the variance is not to be fully implemented or construction is not to be completed by the time of the expiration of the variance, additional time may be granted by the Board upon request submitted in writing.

(4)

The Board shall approve, approve with conditions or deny the variance following the public hearing. Unless otherwise provided, any variance granted shall be personal to the applicant and nontransferable with the land.

(5)

All actions and decisions of the Board shall be taken by the affirmative vote of a majority of a quorum present.

(b)

Review Criteria. The applicant or proponent of any variance or appeal carries the burden of proving that the granting of the variance or appeal is justified by reasons which are substantial, serious and compelling, and must be prepared to satisfy the Board that, to the extent applicable, the following criteria are met:

(1)

Owing to exceptional circumstances, literal enforcement of the provisions of this Chapter would result in unnecessary hardship.

(2)

The specific conditions in detail which are unique to the applicant's land and do not exist on other land in the same zone.

(3)

The manner in which the strict application of the provisions of the regulation would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.

(4)

The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the regulation from which relief is requested.

(5)

The granting of the variance will not be detrimental to the public health, safety or welfare and will not alter the essential character of the neighborhood.

(6)

The applicant cannot derive a reasonable use of the property without a variance.

(7)

The variance will not be injurious to adjacent properties or improvements.

In granting a variance, the Board may attach conditions necessary to protect affected property owners and to preserve the intent of this Chapter. In considering any variance, the applicant and the Zoning Board of Appeals must bear in mind that, unless great caution is used and variances are granted only in proper cases, the whole fabric of City-wide zoning will be worn through in spots and raveled at the edges until its purpose in protecting the property values and securing the orderly development of the community is completely thwarted. For this reason, variances should be granted only sparingly and with great caution since the tend to impair sound zoning.

(Ord. 1110 §1, 2010)

(a)

Purpose. The purpose of the subdivision plat correction and amendment process is to provide an abbreviated submittal and review process for minor amendments or corrections to previously approved plats when such corrections or amendments will create minimal impacts on the subject property and adjoining properties and when full compliance with the major or minor subdivision requirements would cause undue hardship to the applicant.

(b)

Vacations. Applications to vacate a dedicated public right-of-way are governed by this Section only if such application otherwise satisfies one or more of the criteria set forth in Subsection (c) below. In addition to any applicable requirement of this Article, all right-of-way vacation applications are governed by and must meet the requirements of Section 43-2-301, et seq., C.R.S., including approval by the City Council by Ordinance.

(c)

Applicability. The Director shall determine whether an application falls within the scope of this Section pursuant to this Subsection (c) and consistent with the stated purpose set forth in Subsection (a) above. This Section shall apply to applications to:

(1)

Correct a minor survey or drafting error on a plat, discovered after final approval of the plat, if the corrected plat meets all of the original applicable standards and criteria of this Article.

(2)

Amend a plat for the purpose of minor lot line boundary adjustments involving no more than two (2) contiguous lots, parcels or tracts, provided that no new nonconforming lots, parcels or tracts are created.

(3)

Amend a plat for the purpose of consolidating lots when the consolidated lots are under the same ownership.

(4)

Amend a plat to otherwise resubdivide or replat when the effects of such amendment are so minor as to create minimal land use impact and render the major and minor subdivision processes unnecessary.

(d)

Submittal Requirements.

(1)

The applicant shall file a sufficient number of copies, as determined by the Director, of the plat amendment or plat correction application, the application fee set forth in the Fee Schedule located in Appendix 20-C, and any additional information requested by the Director.

(2)

The Director may waive any of the submittal requirements upon a determination that such information would not materially aid the City in its consideration of the application. Unless otherwise waived, the application shall include the following information:

a.

An amended plat, drawn to scale and suitable for recording, with dimensions of twenty-four (24) by thirty-six (36) inches, signed by a registered Colorado land surveyor, clearly illustrating the final configuration of the proposed amended or corrected plat.

b.

A plat which clearly illustrates the proposed amendment or correction in relation to the original configuration of the plat.

c.

A written statement providing details of the proposed amendment or correction and the reasons why the same are necessary.

d.

An original tax certificate for all lots, parcels and tracts involved from the County Treasurer, showing that no taxes are currently due or delinquent against the property.

e.

An original title report dated no more than three (3) months prior to submission of the application from a licensed Colorado title company, showing the names of all surface owners and lien holders and all existing easements.

f.

Any additional reports, data or information reasonably determined by the Director to be helpful to the City in determining whether the corrected or amended plat will meet all applicable requirements of this Chapter.

(e)

Process. The application shall be reviewed in accordance with the Review Process Chart at Section 20-3-30 and the Notice Chart at Section 20-3-40. The decision of the Director shall be the final decision of the City.

(Ord. 1110 §1, 2010)