A.

It is the intent and purpose of this article to provide for the efficient, reasonable, and impartial enforcement of title 17. This article establishes and prescribes the basic duties and operating procedures of the administrative individuals responsible for administering and enforcing this title and establishes the requirements development applications and building permit applications with regard to the following:

1.

Administration;

2.

Certificates of occupancy;

3.

Plot plans for single family and two-family homes;

4.

Planned unit developments;

5.

Site development plans (preliminary and final);

6.

Residential cluster development;

7.

Conditional use;

8.

Impact assessment report;

9.

Rezoning procedures and amendments to the zoning ordinance;

10.

Variances and appeal;

11.

Non-conforming uses, structures and lots, and parking specifications; and

12.

Notice of public hearings.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The zoning administrator shall be appointed by the city manager and shall be charged with the responsibility for interpretation of and enforcement of this title. Interpretation of this title includes but is not limited to, clarification of intention, classification of land uses not specified in this title, clarification of zoning district boundaries, and delegation of procedure.

B.

No oversight or dereliction or error on the part of the zoning administrator or on the part of any other official or employee of the City of Fountain shall legalize, authorize, or excuse the violation of any provisions of this title.

C.

Right of entry. The zoning administrator shall have the right to enter any premises or structures at any reasonable time for making an inspection as may be necessary to carry out his duties in the enforcement of this title.

(Ord. No. 1742, § 1, 1-14-2020)

The building official, as described in title 16 of the Fountain Municipal Code, shall have duties including the inspection of plans for structures to determine compliance with the provisions of title 16 and for issuance of permits for building construction and site improvements, certificates of occupancy and other duties as herein authorized. In meeting the responsibilities of the above duties, the building official may solicit the assistance of other city officials, other agencies or consultants as deemed necessary.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Affirmation. The planning commission is created pursuant to and under the authority of the City Charter. (Refer to title 2, chapter 2.16 planning commission.)

B.

Powers and duties. The planning commission shall have all powers, discretion and duties established by the title 2, chapter 2.16 planning commission.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The hearing officer shall have the power and duty to:

1.

To hear and decide upon all appeals pursuant to section 17.25.040(A)

2.

To hear and decide upon all applications for variances under the zoning code, pursuant to section 17.25.050.

B.

The hearing officer shall not have the power to change this title or to change the official zoning map.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

After the effective date of this title, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building or structure other than for detached single family residences or for farming or gardening shall be made, nor shall any new building or structure be occupied for any purpose other than for detached single family residential use until a certificate of occupancy has been issued by the building official. No certificate of occupancy shall be issued by the building official unless the proposed use of the building, structure or land, and improvements thereto, conforms to the requirements of this title.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Subject to the exceptions provided by subsection E. below, if requested by the zoning administrator, the applicant shall attend a pre-application meeting with the city planning staff and such other personnel as the city deems necessary.

B.

The purpose of the pre-application meeting is to define the scope of the project, to alert the applicant and the city to any particular circumstance concerning the subject property and, in general, to settle on the suitability of the proposed project prior to extensive planning.

C.

An informal preliminary application shall be submitted at the pre-application meeting. The informal application should describe the nature and scope of the proposed application and, in the case of a PUD application, shall include a sketch plan reflecting total acreage, adjacent landowners, adjacent land uses, existing and proposed streets, highways and utilities that will service the project, major physical features, including drainages, the location of natural features in and around the development and existing and proposed uses, including the number of dwelling units. The city planner may waive any of these requirements in his or her discretion.

D.

Prior to or at the time of the pre-application meeting, the applicant shall submit a development review cash deposit in the amount set forth in the fee schedule adopted by the city council from time to time.

E.

The pre-application meeting required by this section shall not apply to applicants for sign permits, minor amendments to PUDs requiring administrative approval only, site development plans for new single family residences, new two-family residences and new accessory structures and variances and appeals to the hearing officer.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

A.

Purpose and intent. All land use applications that require a public hearing before the planning commission, city council or hearing officer shall be subject to the requirements contained in this section. It is intended to provide for adequate notification ensuring the opportunity for public participation of land use proposals within the city.

B.

Requirements.

1.

All applications requiring public hearing shall meet these requirements prior to the established hearing date. The planning commission, city council, or hearing officer may continue the hearing to a date certain. No further notice of a continued hearing must be provided unless a period of six weeks or more elapses between the hearing dates, before the same board. In situations where this time period has passed, additional publication of the notice of public hearing is required in accordance with section 17.20.080 below.

2.

All required public notices shall be performed by the city at the applicant's sole cost and expense.

3.

No public hearing shall commence unless and until all manner of public notice required of such hearing by this section have been provided.

C.

Procedures.

1.

At least 15 days prior to a public hearing, a notice shall be published at least one time in the legal notice section of a general circulation newspaper within the City of Fountain. A publisher's affidavit shall be obtained by the zoning administrator prior to the hearing date to verify the publication of the required notice.

2.

At least 15 days prior to a public hearing, a notice shall be posted on the property for which the land use application is made.

3.

Notice of the public hearing shall be sent by first-class mail to the record owners of property within 400 feet of the subject property at least 15 days in advance of the public hearing.

4.

The content of all notices of public hearing shall be as specified by city administrative guidelines.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

A.

Every building permit application for detached single family and two-family dwelling units shall be accompanied by two copies of a plot plan (for uses other than detached single family and two-family dwelling units, please refer to the site development plan requirements set forth in chapter 17.23). The plot plan shall be drawn to scale and show the following information in sufficient detail to enable the zoning administrator to ascertain whether the proposed excavation, construction, conversion, moving or alteration is in conformance with the title:

1.

The actual shape and dimensions of the lot.

2.

The location, size, shape and intended use of all the structures.

3.

The height, setbacks and building coverage of all structures.

B.

Any other information required by the Pikes Peak Regional Building Code or zoning administrator, concerning the lot or adjoining lots as may be essential for determining whether the provisions of this title are being observed.

C.

An approved plot plan shall expire six months after zoning administrator approval unless the associated building permit(s) have been issued. Thereafter, the duration and expiration of the building permit(s) and associated approved plot plat shall run concurrently and be governed by the building permit process. In no circumstance shall a plot plan approved by the zoning administrator pursuant to this section be amended through or by the building permit. An approved plot plan may only be amended by the written approval of the zoning administrator.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The zoning administrator shall review the plot plan to determine whether any public improvements or conveyances such as streets, street paving, curb and gutter, driveway approaches, sidewalks, rights-of-way or easements shall be required for detached single family and two-family dwelling units. If it is determined that such public improvements or conveyances are necessitated by the proposed development of the property, the developer or property owner shall be required to construct or convey such public improvements or conveyances to the city. The cost of any such public improvements, conveyances or sureties shall be borne by the developer or property owner and the construction or conveyance thereof shall be at the sole risk and expense of the developer or property owner.

B.

The zoning administrator may authorize the deferral of the construction of public improvements and/or conveyances necessary for the same, if the developer or property owner provides a performance bond or other acceptable security to the city in an amount equal to 150 percent of the estimated cost of the deferred improvements. A construction cost estimate shall be furnished by the developer or property owner and reviewed by the city in order to determine the estimated cost of the deferred improvements, prior to the submission of said security.

C.

Such security, shall be held by the city clerk, shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within one year from approval of the final plat or plat plan. Extensions of this time period may be authorized by the zoning administrator upon a showing by the applicant of good cause for the delay and a proposed improvement construction schedule illustrating the applicant's ability and plan to complete the required improvements within the succeeding 12 months. In the event an extension is authorized, the security shall be revised to reflect the new completion date. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other security in lieu thereof. The requirement of the posting of any performance bond or other security shall be binding upon the applicant, her/his heirs, successors and assigns.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Scope and intent. Applications for planned unit developments may be made for any lands located within the boundaries of the city or any lands in the process of being annexed to the city. The planned unit development approach for a specific project will only be approved if it is in accordance with the guidelines set forth in the Fountain Comprehensive Development Plan, and purpose set forth in chapter 17.04.

B.

Zone changes. The planning commission, city council, or property owners of record can initiate a PUD process.

C.

Amendments to official zoning map. A planned unit development zoning district is to be permitted as an amendment to the official zoning map upon approval of an application for zoning or rezoning.

D.

Control of amenities in phased development. Each development phase shall provide its proportionate share of open space, recreational facilities and common amenities. The overall development plan (ODP) shall include mechanisms to coordinate the provision and improvement of open space, recreational facilities and common amenities with the construction of dwelling units or other land uses.

E.

Modification or waiver standards. In order to allow maximum flexibility and to encourage creative design, the city council, after planning commission review and recommendation, may waive or modify the standards set forth herein for a PUD provided that unusual circumstances exist, a higher level of amenities is provided and the design of the development meets the provisions outlined in this chapter.

F.

Subdivision of land required. No building permits shall be applied for or granted on any portion of property, which is zoned to PUD until and unless the property is platted, as applicable, in accordance with the title 16, Subdivision.

(Ord. No. 1742, § 1, 1-14-2020)

A.

General. The planned unit development process requires the preparation of an ODP for any project proposed for PUD zoning designation in addition to a preliminary site development plan and/or final site development plan for each phase of the PUD. An ODP is the first step in the PUD process. This document establishes the permitted uses, siting restrictions and overall development controls and standards for the entire PUD area. The ODP constitutes the overall zoning plan for the property. ODPs are dynamic and flexible documents that may be adjusted over time by the city council, after planning commission review and recommendation, to reflect changing conditions.

B.

Pre-application meeting in conformance with this chapter shall occur prior to submitting a zoning or rezoning application for a planned unit development.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Application form and application fee schedule. Application forms and an application fee schedule shall be provided to the applicant by the zoning administrator.

B.

Overall development plan (ODP). The plan document shall have an outer dimension of 24 inches by 36 inches, and shall also be duplicated in 11 inches by 17 inches reproducible size; and contain the following information:

1.

Parcel size stated as gross acres and square footage.

2.

Existing topographical character of the land with elevation contours at five feet intervals or less, showing all water bodies and courses, wetlands, floodplains, unique natural features, and existing vegetation, critical wildlife habitat as identified by existing habitat conservation plans and/or the Colorado Division of Wildlife.

3.

Approximate acreage and density of each area proposed for residential and nonresidential uses; number and type of residential units; and estimated floor area and types of commercial and industrial uses.

4.

Total land area and approximate location and amount of open space, as defined herein.

5.

Approximate alignment of proposed and existing arterial and collector streets and pedestrian and bicycle routes, including major points of access.

6.

Approximate location and number of acres of any public use such as parks, school sites, and other public or semi-public uses.

7.

Height, yard, lot and other development standards.

8.

Location of existing and proposed primary utility lines.

9.

Areas beyond the property lines to a distance of at least 150 feet, exclusive of public right-of-way, at the same scale as the ODP, to include the following:

a.

Existing and proposed land uses, principal structures and other features.

b.

Density of adjacent residential uses.

c.

Traffic circulation.

d.

General topographic mapping of the area.

e.

Significant environmental amenities.

f.

Topography, drainage ways, and other natural features.

g.

An "existing conditions" map of the area surrounding the site to a distance of at least one mile showing the following:

i.

Zoning districts.

ii.

Traffic circulation systems.

iii.

Major public facilities.

10.

Location of existing municipal boundaries, service and school district boundaries.

11.

Written narrative. The following written information shall be provided by the applicant:

a.

A statement of planning objectives.

b.

A statement of proposed ownership of public and private open space areas.

c.

A proposed development-phasing schedule.

12.

Master development drainage plan.

13.

General utility report indicating the providers and general system requirements for water, sewer, gas, electric and communication utilities.

14.

Additional information as may be required by the zoning administrator, planning commission, or city council, which is necessary to evaluate the character and impact of the ODP area. This includes by way of example a traffic impact analysis.

15.

Copies. The number of copies required for each required item, will be determined by the zoning administrator.

C.

Review criteria. PUDs shall be reviewed to ensure that the general public health, safety and welfare are safeguarded and for substantial conformance to the following applicable review criteria:

1.

The PUD is consistent with the Fountain Comprehensive Development Plan and other adopted plans.

2.

The PUD achieves the stated objectives of the planned unit development district, by allowing for the mixture of uses and greater diversity of building types, promoting environmental protection, limiting sprawl, improving design quality and a higher-quality living environment, encouraging innovation of design and a variety of housing types, and managing the increase in demand for public amenities.

3.

The PUD design achieves the stated development concept.

4.

The proposed land uses are compatible with other land uses in the development and with surrounding land uses in the area.

5.

The type, density, and location of proposed land uses are appropriate based on the findings of any required report or analysis.

6.

The street design and circulation system are adequate to support the anticipated traffic and the proposed land uses do not generate traffic volumes, which exceed the capacity of existing transportation systems, or that adequate measures have been developed to effectively mitigate such impacts.

7.

The PUD adequately mitigates off-site impacts to public utilities and facilities.

8.

The fiscal impacts have been satisfactorily addressed and the city will be able to provide adequate levels of service for police and fire protection, street maintenance, snow removal and other public services, or that adequate measures have been developed to effectively mitigate such impacts.

9.

Higher levels of amenities, including open spaces, parks, recreational areas, trails and school sites will be provided to serve the projected population.

10.

The PUD preserves significant natural features and incorporates these features into parks and open space areas.

11.

There are special physical conditions or objectives of development that the proposal will satisfy to warrant a departure from the standard regulation requirements.

12.

The adjacent and nearby developments will not be detrimentally affected by the proposed PUD and approval period.

13.

The applicant adequately demonstrates that the proposal is feasible.

D.

Upon approval of the PUD by the city council, after planning commission review and recommendation, the applicant shall have 180 days to submit a final mylar of the ODP, as finally approved, to the zoning administrator for signature by the mayor. In its discretion and for good cause shown by the applicant, the planning commission may extend the time a maximum of 60 days. Upon lapse of the 240 day period and any time extension, the approval of an ODP associated with an approved PUD shall expire and shall be void. An approved ODP for which final mylar is timely provided in accordance with this subsection D. is valid for a period not to exceed one year from final approval unless the applicant proceeds to a site development plan or preliminary plat on any portion or phase of the subject property to obtain further development rights. After such expiration, a new ODP must be submitted for review in accordance with this section by the planning commission.

E.

An extension of an approved ODP for which final mylar is timely provided in accordance with subsection D. above to allow the applicant to submit a site specific development plan may be granted by the planning commission. In order to be eligible for an extension, the applicant shall file an application for extension with the city at least 30 days prior to the date the ODP would lapse. A progress report and revised schedule shall be submitted with the request for extension. An extension may only be granted if the planning commission finds:

1.

The applicant has maintained a continuous effort in good faith in preparing a preliminary development plan including, but not limited to, preparing financing, securing state or federal permits, undertaking engineering and design, etc.; and

2.

Conditions near the site, these standards and regulations, and the comprehensive plan have not changed in a way to render the original findings erroneous.

F.

An ODP shall be limited to one 90-day extension.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Intent. From initial concept and approval to final construction, unforeseen changes and ordinary refinements occur which may require changes to the approved ODP. In order to streamline the review process and to eliminate unnecessary delays, the intent of this section is to establish a procedure for approving minor ODP revisions. It is also the intent of this section to establish a procedure to review and approve significant changes to the approved ODP.

B.

Minor amendments.

1.

Minor amendments to an approved ODP may be approved administratively by the zoning administrator.

2.

Minor amendments shall not represent more than a 15 percent change in the location, height, yard, lot and other development standards, and can only be granted if required by engineering or other circumstances not foreseen at the time the ODP was approved so long as no modification violates any standard or regulation set forth in this title.

3.

The applicant shall make a written request to the zoning administrator justifying the proposed minor amendment and clearly showing on the ODP that portion which is proposed for amendment. A record of such approved minor amendment shall be kept on file in city hall.

C.

Major amendments.

1.

Major amendments to an approved ODP shall be processed in the same manner as the original ODP. Approval of a major amendment to an approved ODP shall be by ordinance. Major plan amendments include, but are not limited to the following:

a.

A change in land use or development concept.

b.

An increase in residential density levels or building coverage of commercial and industrial uses.

c.

A realignment of major circulation patterns or a change in functional classification of major streets.

d.

A reduction in approved open space or common amenities.

e.

An increase in problems with public utilities, facilities or services.

f.

Other significant changes which involve policy questions or issues of overriding importance to the community.

D.

A request for a major amendment shall be accompanied by the same type and quality of information as was necessary for the original final approval and passage, in addition to the following:

1.

A map of the entire ODP's area, which clearly defines that portion which is proposed for amendment.

2.

A justification of the proposed amendment, including a discussion of any changes in impact, which would result from the amendment.

(Ord. No. 1742, § 1, 1-14-2020)

A site development plan is a detailed development plan for a property, which generally permits an evaluation of the intended use, and such design elements as circulation, parking and access; open space and landscaping; building location and configuration; grading and drainage; setbacks and screening; public improvements; and other elements, which determine if the proposal has been planned consistently with the intent of this title. The site development plan is intended to provide a review procedure so the city may evaluate the impacts of site development plans on a particular parcel and on the surrounding area. It is also intended to ensure that the proposal meets certain minimum standards to enhance the physical and aesthetic integrity of the community.

(Ord. No. 1742, § 1, 1-14-2020)

A site development plan shall be required for all uses located in all zoning districts with the exception of detached single family and two-family dwelling units. The procedures set forth herein shall apply to all site development plan requests submitted pursuant to this chapter. After the applicant has held a pre-application meeting with city staff, the applicant may, with consent of the zoning administrator, choose to proceed with submission of the application for a final site development plan.

(Ord. No. 1742, § 1, 1-14-2020)

Pre-application meeting in conformance with this chapter is required prior to the submittal of an application for site development plan.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The following constitutes the submission requirements for a preliminary site development plan:

1.

Application form and application fee.

2.

Legal description of the site.

3.

A preliminary site development plan to be at an appropriate scale, as determined by the zoning administrator, with a minimum outer dimension of 24 inches by 30 inches, and duplicated in 11 inches by 17 inches reproducible size to contain the following information:

a.

Name by which the proposed development is to be referred.

b.

Date of preparation, the scale and a symbol designating true north.

c.

Parcel size stated in gross acres and square feet.

d.

Topographic contours at two-foot intervals or less.

e.

Total number, type and density per type of dwelling unit.

f.

Total floor area for nonresidential uses and ratio of floor area to lot area with a breakdown by type of land use.

g.

Location and square footage of each area designated for passive and active recreational use.

h.

Location and acreage of common areas and all public land uses, including public parks, recreation areas and similar uses.

i.

Proposed coverage of buildings and structures including the following:

j.

Percentage and square footage of building coverage.

k.

Percentage and square footage of driveway and parking.

l.

Percentage and square footage of public street right-of-way.

m.

Percentage and square footage of open space and landscaped area.

n.

Number and location of off-street parking spaces, including automobile, handicapped, and bicycle, with typical dimensions for each type.

o.

Existing and proposed streets, designation of streets to be public or private and any private access ways to be dedicated as public utility and/or access easements.

p.

Location of existing and proposed pedestrian circulation system, including sidewalks.

q.

Existing zoning.

r.

Proposed treatment of the perimeter of the development, including materials and techniques used, such as screens, fences, walls, and landscaping.

s.

A vicinity map of the areas surrounding the site to a distance of at least one-half mile showing the following:

i.

Zoning districts.

ii.

Traffic circulation systems.

iii.

Major public facilities.

iv.

Location of existing municipal boundaries, service district boundaries and school district boundaries.

v.

Owner's certification of acceptance of conditions and restrictions as set forth on the preliminary development plan.

vi.

Proof of ownership, which includes a current or updated title policy or commitment, no more than 60 days old.

vii.

Signature block certification of approval of the preliminary site development plan.

viii.

Any additional information as may be required by the zoning administrator or planning commission, which is necessary to evaluate the character and impact of the preliminary site development plan.

t.

Preliminary subdivision plat, or final subdivision plat, if required. The subdivision plat may be combined with the preliminary site development plan.

u.

Other documentation as determined by zoning administrator or planning commission.

v.

Preliminary utility report and plan to include sanitary sewers, storm sewers, water, electric, gas, and fire hydrant locations. Plans must be prepared by a registered engineer, consistent with the related reports submitted with the final plat, if applicable.

w.

Street cross-section schematics provided for each category of street, including the proposed right-of-way and pavement width, curb, gutter and sidewalk locations.

x.

Preliminary drainage plan, consistent with the approved master development drainage plan, if applicable. Plans must be prepared by a registered engineer.

y.

Conceptual plans of all buildings, including representative architectural elevations, sufficient to convey the intent of the proposed development.

z.

The zoning administrator may waive or modify any application submittal requirements, if the intent of this chapter is not violated. The applicant shall make a written request to the zoning administrator justifying the requested waiver or modifications. A record of requested waivers and modifications shall be kept on file at the city.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Within seven days of receipt of the preliminary site development plan, the zoning administrator will inform the applicant in writing if the application is incomplete. If the application is deemed incomplete, no further processing will occur until the deficiencies are corrected.

B.

Following the determination that the application is complete, the zoning administrator and other city staff shall review the application to determine whether it is in conformance with the requirements of this title, and all other applicable regulations and meets the intentions of the Fountain Comprehensive Development Plan.

C.

Copies of the application materials shall be forwarded to all affected referral agencies for a 21 day review and comment period. The purpose of this review period is to collect information in order to identify issues (including but not limited to environmental, physical, technical and other issues), determine the extent of the impact and device solutions to eliminate or lessen the impacts before consideration by the planning commission. If necessary, the application materials are also sent to technical consultants, hired by the city, for their review and comment. Failure of a referral agency to respond within the prescribed time frame shall deem the application approved by the referral agency.

D.

Upon the close of the review period, the zoning administrator shall make a report of the findings and city staff's recommendations to the planning commission, and schedule the matter with the planning commission.

E.

The planning commission shall review the application. The planning commission shall consider the findings and recommendations of the zoning administrator and other city staff or referral agencies in making its recommendation, and shall approve, with or without conditions, disapprove or table the application to a date certain.

F.

Review criteria. The preliminary site development plan shall be reviewed to ensure that the general public health, safety and welfare are safeguarded and for substantial conformance to the applicable review criteria set forth in this title. Applicable review criteria shall mean such criteria contained in this title as the planning commission determines is necessary to properly review the preliminary site development plan.

(Ord. No. 1742, § 1, 1-14-2020)

A.

After the applicant has held a pre-application meeting with the zoning administrator and other city staff, the applicant, with the consent of the zoning administrator, may choose to proceed with submission of the application for a final site development plan. The final site development plan application must contain the following information:

1.

Application form completed and signed by all owners of record.

2.

Proof of ownership, which includes a current or updated title policy or commitment, no more than 60 days old.

3.

Non-refundable application and review fee.

4.

Final site development plan exhibit, prepared in accordance with this section.

5.

Required technical reports (including but not limited to a final drainage report, utility plan, traffic impact study, and environmental assessment study).

6.

Project tracking information. Each final site development plan located within a larger ODP, shall include a summary of the development to date in tabular form, to assist the city in tracking density, open space conveyances and other pertinent development data.

7.

The number of required copies of documents to be submitted by the applicant will be determined by the zoning administrator.

8.

The zoning administrator may waive or modify any application submittal requirements, if the intent of this chapter is not violated. The applicant shall make a written request to the zoning administrator justifying the requested waiver or modifications. A record of requested waivers and modifications shall be kept on file at the city.

B.

No application shall be considered accepted until all required information is submitted.

C.

Final site development plan exhibit. The final site development plan shall consist of a black ink drawing with a minimum outer dimension of 24 inches by 30 inches, and duplicated in 11 inches by 17 inches reproducible size, and shall contain the following:

1.

Date, north arrow, scale (one inch = 50 feet or larger), name and address of project, and legal description of the land area.

2.

Vicinity map with north arrow.

3.

Existing contours and proposed finished grade topography at two foot intervals or less.

4.

Adjacent streets, curb cut and driveway locations, drive aisles including dimensions.

5.

Off-street parking locations, dimensions, type of surfacing and total number of parking spaces by type.

6.

Locations and dimensions of all existing access points on immediately adjacent properties.

7.

The graphic location, dimensions, maximum heights, and gross floor area of all existing and proposed commercial structures, the uses to be contained within and the location of entrances and loading points.

8.

Finished floor elevations.

9.

Elevation details for proposed site facilities, including curbs, parking lots, drainage swales, etc. using spot elevations, cross-sections and construction details.

10.

Type of building construction and occupancy classification.

11.

The graphic location, dimensions, maximum heights and density of all existing and proposed residential structures.

12.

Existing and proposed easements and rights-of-way.

13.

Specific natural features, such as mature trees, drainage ways, floodplains, and slopes over 15 percent grade.

14.

Existing and proposed drainage facilities, including dimensions, surface treatment, volume capacity and size of outlet restrictor.

15.

Location and size of existing and proposed public and private water, sewer, gas and electrical service connections.

16.

Location, type and height of lighting standards and enclosed trash receptacles.

17.

Construction details for enclosed trash receptacles, curb, gutter, light pole bases, drainage facilities, pedestrian ramps, etc.

18.

Location of existing and proposed fire hydrants.

19.

Location and height of fences and screening used to divide properties and to obscure outdoor storage.

20.

A landscape plan showing the location, type, size and quantity of plant materials and other landscaping materials. Percentage of parking area devoted to landscaping, if ten or more parking spaces. Delineation of visibility triangles at street intersections and access points with streets.

21.

The location, height and area of freestanding pole and/or monument signs.

22.

Representative architectural elevations of proposed structures.

23.

Owner of record signature block.

24.

Additional information as may be required by the zoning administrator.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Within seven days of the receipt of the formal application, the zoning administrator shall inform the applicant in writing whether the application is not complete. If the application is deemed not complete, no further processing will occur until the deficiencies are corrected.

B.

Following the determination that the application is complete, the zoning administrator and other city staff shall review the application to determine whether it is in conformance with the requirements of this chapter, and all other applicable regulations or overall development plan (ODP) and the intentions of the Fountain Comprehensive Development Plan.

C.

In addition, copies of the application materials shall be forwarded to all affected referral agencies for a 21 day review and comment period. The purpose of this review period is to collect information in order to identify issues (including but not limited to environmental, physical, and technical issues), determine the extent of their impact and propose solutions to eliminate or lessen the impacts before final determination by the zoning administrator.

D.

An approved final site development plan shall be considered expired, null and void if a building permit has not been issued within one year from the date of approval unless the final site development plan receives vesting, pursuant to this title. The zoning administrator for good cause may grant an extension upon request of the applicant prior to expiration of the final site development plan. No extension shall be granted for any final site development plan that does not conform to the requirements of this title.

E.

Final site development plan—Review criteria.

1.

The zoning administrator shall base the final decision on the following review criteria, where applicable:

a.

The application is complete in form and contains all required information.

b.

The proposal meets the objectives of the ODP, if applicable, and the intent of the Fountain Comprehensive Development Plan or any other adopted plans.

c.

The final site development plan is consistent with the requirements and development standards of the particular zoning district and other regulations of this title.

d.

There is an appropriate relationship to the surrounding area.

e.

The circulation is designed for the type of traffic generated, safety, and separation from living areas, convenience, access, handicap access, noise, and exhaust control.

f.

All utilities been approved by the appropriate agencies.

g.

The access points, off-street parking facilities, loading areas and pedestrian ways are designed to promote safety, convenience, separation and ease of traffic flow both on-and off-site.

h.

Functional open space and recreational amenities have been provided, if applicable.

i.

Building types and designs are appropriate in terms of density, bulk, and height.

j.

Building design, in terms of orientation, spacing, material storage and lighting are appropriate.

2.

Public improvements. In addition to the review criteria set forth above, the zoning administrator shall review the site development plan to determine whether any public improvements or conveyances such as streets, street paving, curb and gutter, sidewalks, rights-of-way or easements shall be required. If it is determined that such public improvements or conveyances are necessitated by the proposed development of the property, the owner shall be required to construct or convey such public improvements or conveyances to city standards and shall dedicate public improvements or conveyances to the city. The cost of any such public improvements or conveyances shall be borne by the owner and the construction or conveyance thereof shall be at the sole cost, risk and expense of the owner.

3.

Appeals. If a site development plan is denied by the zoning administrator, the applicant may appeal the decision pursuant to chapter 17.25, Variances and Appeals. During the time an appeal is pending, no building permit shall be issued.

4.

Modifications or waivers of submittal requirements. The zoning administrator may modify or waive specific submittal requirements. Such requirements may be modified or waived only if the intent of this title is not violated.

5.

Amendments to approved site development plan. Minor changes to an approved site development plan may be approved administratively by the zoning administrator in an abbreviated manner as set by office policy. Major amendments shall be subject to the same application, review and appeal processes applicable to the original site development plan.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The procedure for rezoning property may be initiated by the city council, planning commission, zoning administrator, or any property owner within the city.

1.

The city may from time to time amend the number, shape or boundaries of any zoning district, the uses permitted within a zoning district, any regulation of or within a zoning district, or any other provision of this title.

2.

All territory annexed to the city shall be zoned in accordance with the zoning classifications established by this title and in accordance with the procedures in this section. All annexed land shall be zoned at the time of annexation.

3.

Planned unit developments as described under chapter 17.22 shall be processed as amendments to the official zoning map.

(Ord. No. 1742, § 1, 1-14-2020)

A.

A request for an amendment to the official zoning map may be presented to the city council by person(s) owning real property within the City of Fountain.

B.

Property owners (1) requesting the addition of a land use into a zoning district in which it is not enumerated in this title, or (2) appealing a determination of the zoning administrator regarding the classification of a use, or (3) pursuing a classification for which the determination of the zoning administrator has been appealed, may apply to the city council, after planning commission review, for consideration of the proposed amendments to the zoning district.

C.

The city council or the planning commission may initiate an amendment to the official zoning map. Any property owner may suggest to the city council or to the planning commission that an amendment be given consideration.

(Ord. No. 1742, § 1, 1-14-2020)

A.

An amendment to the official zoning map shall not become effective except by favorable vote of three-fourths of all voting members of the city council if a valid protest against the amendment is presented at or prior to the public hearing at which the amendment is heard. A protest is valid only if signed by either:

1.

The owners of 20 percent or more of the area of the lots included in such proposed amendment; or

2.

The owner of 20 percent or more of the area of those lots located within 100 feet of the boundary of the area in the proposed amendment, excluding any distance for public rights-of-way.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Pre-application meeting in conformance with these regulations is required prior to submittal of an application to zone or rezone any property.

B.

Submittal requirements. An application for approval of zoning or rezoning may be initiated only by the fee owner of the property for which the zoning or rezoning is requested or his duly authorized agent. The application shall be submitted on forms provided by the city and shall contain, at a minimum, the following information:

1.

Name, address, telephone number, fax number and e-mail address of the property owner and applicant.

2.

Legal description of the property and street address, if applicable.

3.

Property size, existing zoning and tax schedule number.

4.

Map or plan of the property including all municipal, service and school district boundaries.

5.

The name and addresses of all adjoining property owners of record.

6.

Justification as to why the zoning or rezoning request should be approved.

7.

Pertinent information about adjacent properties and uses needed in evaluating the rezoning request.

8.

An ODP or alternatively a preliminary site development plan for determination that the zoning or rezoning request conforms to the review criteria set forth in this title.

9.

The application shall be signed by the property owner or his duly authorized agent and shall be accompanied by a nonrefundable fee as determined by the city council to cover costs related to the application. An application shall not be considered accepted until all required information is submitted.

C.

Review.

1.

Prior to the planning commission public hearing, the zoning administrator shall request interested city departments and other agencies to comment on the application.

2.

The zoning administrator shall study the application and shall make a report of his findings to the planning commission.

3.

Notice of the planning commission public hearing shall be given in accordance with section 17.20.080 at least 15 days in advance.

4.

Failure to give full notice as required by the terms of this section due to a clerical or administrative oversight or omission shall not affect the validity of any hearing or decision if it does not substantially and materially impact due process rights. A hearing, once commenced, may be continued to a definite date, time and place without any additional public notice being required.

5.

The planning commission shall hold a public hearing on the application. Following the public hearing, the planning commission shall make recommendations to the city council concerning the application.

6.

Notice shall be given in accordance with section 17.20.080 and by publication pursuant to the ordinance requirements of the City Charter. Following the public hearing, the city council shall deny the application, approve the application by ordinance, continue the application to a definite date or refer it to the planning commission for further study. An ordinance may impose conditions on zoning or rezoning.

(Ord. No. 1742, § 1, 1-14-2020)

A.

No approval of an application for zoning or rezoning shall be granted unless the application meets the minimum development requirements and regulations of the applicable zoning district and unless at least one of the following review criteria are found:

1.

The request is consistent with the ODP of the property, if applicable, and the Fountain Comprehensive Development Plan.

2.

The request is compatible with the surrounding zoning and land uses.

3.

There has been a material change in the character or conditions of the neighborhood or in the city generally, such that the request would be in the public interest and consistent with the change.

4.

The property was previously zoned in error.

(Ord. No. 1742, § 1, 1-14-2020)

An application for initial zoning of land annexed to the city shall be processed as set forth in this section. Such application for initial zoning may be filed concurrently with the petition for annexation, but the proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. If there is no request for initial zoning by the applicant for annexation, the land annexed to the city shall be zoned by the city within 90 days after the effective date of the annexation ordinance.

(Ord. No. 1742, § 1, 1-14-2020)

A proposed zoning or rezoning request for a similar zoning district and/or area to one already denied by the city council shall not be reconsidered by the city council within one year of the date of such city council action. Submission by a different applicant or minor changes in boundaries shall not be adequate reason to circumvent this requirement. However, if evidence is presented showing that there has been a substantial change of circumstances, the city council, after planning commission review, may reconsider said application.

(Ord. No. 1742, § 1, 1-14-2020)

Any person aggrieved by the inability to obtain a building permit, (except where inability to obtain a building permit is due to denial of a conditional use or rezoning application by the city council), or by decision of any administrative officer in the city based upon or made in the course of the administration of or enforcement of the provisions of this title may appeal that decision pursuant to the terms of this chapter. Appeals may also be made by any officer, department or board of the city affected by the grant or refusal of the building permit, or by other decision of the administrative officer or agency, based on or made in the course of administration or enforcement of this regulation.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

Appeals shall be made in writing and filed in accordance with chapter 2.28, hearing officer.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

An appeal stays all proceedings and furtherance of the action appealed from unless the officer from whom the appeal is taken, certifies to the hearing officer or planning commission, after the notice of appeal shall have been filed with him or it, that by reason of facts stated in the certificate, a stay would, in his or its opinion, cause imminent peril of life and property, in which case proceedings shall not be stayed.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

A.

Appeals from administrative decisions to the hearing officer. Any person aggrieved by an administrative decision made by the zoning administrator on a matter involving an interpretation or determination of this title or the official zoning map may appeal such decision to the hearing officer pursuant to chapter 2.28, Hearing Officer. The hearing officer may affirm, modify or reverse (wholly or partially) the administrative decision made by the zoning administrator.

B.

Appeals from the planning commission's decisions. Any person may appeal to the city council any action of the planning commission in relation to this title, where such action was adverse to such person by filing with the city clerk a written notice of appeal. Such notice of appeal shall be filed with the city clerk no later than 15 days after the action from which appeal is taken, and shall briefly state the grounds upon which the appeal is based. The city council may refer any matter so appealed back to the planning commission for further consideration, affirm the action of the planning commission, reverse the action of the planning commission or modify said action.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

Requests for relief from the regulations and development standards of this title may be taken to the hearing officer pursuant to section 2.28.120 when the strict application of this title will deprive a property of the privileges enjoyed by other property of the same zoning classification in the same zoning district because of special circumstances applicable to a property, including its size, shape, topography, location or surrounding. The hearing officer may only consider dimensional standard variances; use variances are not permitted.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

A.

For any requests for variance pursuant to section 17.25.050, the hearing officer may, after public hearing, modify the application of the regulations or provisions of this title relating to the construction, or alteration of buildings or structures if it finds that all of the following exist:

1.

Due to exceptional and extraordinary circumstances unique to the property or structure, such as topography or other natural features present on the property, for which the variance is sought, the strict enforcement of the provisions of this title would cause an unnecessary hardship to the applicant. The circumstances causing the unnecessary hardship were not created by an owner or user of the property or by the applicant for the variance. Additionally, the circumstances causing the unnecessary hardship are particular to the land or structure for which the variance is sought and do not apply generally to land and buildings in the zoning district in which the property is located. Financial hardships or gains cannot be not considered.

2.

The variance requested is the minimum deviation from the title necessary to allow the same and no greater use as that allowed of other land or structures in the same zoning district.

3.

The granting of the variance will not allow uses or densities not permitted in the zoning district in which it is granted nor shall the variance allow the expansion or establishment of a non-conforming use.

4.

The granting of the variance will not injure the appropriate use of adjacent conforming properties, will not impair an adequate supply of light and air, will not impair the view from the adjacent property, and will not substantially diminish or impair property values within the surrounding area.

5.

The granting of the variance will be consistent with the spirit, purpose, and intent of this title and will not create a situation, which alters the character of the area surrounding the property for which the variance is granted.

6.

The granting of the variance will secure and in no way diminish the public safety and welfare; not impair prevention of or increase risk of fire, flood, traffic congestion or other hazard.

B.

In granting a variance, the hearing officer may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies and may impose such conditions on the use of the property for which the variance is sought as are consistent with the purposes of this title. If such safeguards or conditions are imposed, the variance shall not become effective until the owner of the property and the applicant agree to abide by such conditions.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

Each variance shall apply specifically to the property or structure described in the approval and shall not be transferable to any other property or structure.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

A.

Unless limited by its terms, a variance shall remain in full force and effect as long as the use for which the variance is sought continues. However, failure to apply for a building permit to carry out the work involved in the variance, within one year from the date the variance was granted, shall constitute abandonment of the variance.

B.

Discontinuance of the use for which the variance was granted for a period of one year or more shall constitute abandonment of the variance. Upon abandonment, the variance shall automatically cease to exist with no further action by the hearing officer.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1790, § 6(Exh. D), 7-11-2023)

The purpose of conditional use review is first, to recognize that some uses may or may not be appropriate in a particular district depending upon the circumstances of the individual case and, second, to allow review of such cases so that the city is assured that these uses are compatible with their locations and surrounding land uses and will further the purposes of this title. Uses which require a conditional use permit are those which may be allowed in the zoning district in which they are listed if it can be demonstrated that the use, in the proposed location, is compatible with the district characteristics, purposes, dimensional regulations and development standards for the zoning district in which the use is proposed of the zoning purposes of the district, the particular site and the surrounding area. Uses stipulated in this title as requiring a conditional use permit shall only be allowed with prior issuance of such permit by the city council as described below.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Who may apply. Both the owner of the property on which the proposed use will be conducted and the operator of the use for which a conditional use permit is required, or their authorized representative(s), shall be party to the application for a conditional use permit.

B.

Process. The application shall be submitted on forms provided by the city and shall contain the following minimum information:

1.

Name, address, telephone number, fax number and e-mail address of the property owner and applicant.

2.

Legal description of the property and street address, if applicable.

3.

Lot size, existing zoning and tax schedule number.

4.

Description of the proposed conditional use.

5.

A plot plan of the property as described in chapter 17.21.

6.

The names and addresses of all property owners of record within 400 feet of the property in question.

C.

Justification as to why the requested conditional use should be approved.

1.

Prior to the planning commission public hearing, the zoning administrator shall request interested city departments and other agencies to comment on the application. Comments received shall be submitted to the planning commission.

2.

The zoning administrator shall study the application and shall make a report of his findings to the planning commission.

3.

The application shall be processed in the same manner as a request for initial zoning and rezoning, except that approval by the city council shall be by resolution.

D.

Fees. The application shall be signed by the property owner or his duly authorized agent and shall be accompanied by a nonrefundable fee as determined by the city council to cover costs related to the application.

E.

An application shall not be considered accepted until all required information is submitted.

F.

Transferable. Conditional use permits allow a particular use for which it is granted to operate on the specific property listed in the permit in accordance with approved plans. A conditional use permit may be transferred to any other person to operate the same use per the same terms of the permit, upon notification to the zoning administrator, but may not be transferred to any other property or building.

G.

Duration. A conditional use permit shall remain in full force and effect if the use authorized thereby is established within one year of approval and as long as the use for which the permit is granted continues or for the term specified on the permit otherwise it shall be considered null and void.

(Ord. No. 1742, § 1, 1-14-2020)

A.

No approval of a conditional use shall be granted unless the conditional use conforms to the minimum development requirements and regulations of the applicable zoning district. In reviewing the conditional use, the planning commission and city council shall consider the following approval criteria, where applicable:

1.

The use is consistent with the intent and purpose of this title as declared in chapter 17.01.

2.

The use is consistent with the intent of the zoning district in which the applicant intends to locate such use.

3.

The use is compatible with other uses in the area and the impacts generated by the use will be abated through the utilization of mitigation measures, such as increased setbacks, screening or buffering.

4.

The use is consistent with the Fountain Comprehensive Development Plan and other approved plans.

5.

The use will not create any adverse environmental influences on the surrounding area. For example: will the use generate excessive dust, odors, fumes, noise, glare or vibration?

6.

The use will not generate traffic hazards or congestion in the area.

7.

The use will not overburden existing transportation systems.

8.

Ingress and egress points have been appropriately and safely located.

9.

Provision of adequate water, sewer, drainage, and other utility facilities has been provided.

10.

The physical appearance of the site, including building orientation, scale, and architectural treatment and landscaping, is sensitive to other uses in the area.

11.

The use is reasonably related to the overall needs of the community and consistent with the intent and purpose of this title.

B.

In reviewing a conditional use application for other uses similar to the permitted uses, but not listed in the zoning district, the planning commission and city council shall consider the development standards in article III in addition to the review criteria set forth in this section.

C.

In approving an application for conditional use, the planning commission or city council may impose conditions or modifications, which it deems reasonably necessary to secure the intent and purpose of this title.

(Ord. No. 1742, § 1, 1-14-2020)

Approval of a conditional use in accordance with this chapter shall expire in one year from date of approval (unless a final site development plan has been approved pursuant to these regulations) if the rights and privileges granted thereby have not been exercised or utilized, or if construction work is involved, the work has actually not commenced on the premises. If, thereafter, any discontinuance of the exercise of any rights or privileges occurs for a continuous period of one year, the conditional use shall be considered abandoned.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All conditions or modifications imposed by the city council shall be maintained in perpetuity with the conditional use. If at any time the conditions or modifications are not complied with by the owner or are found to have been altered in scope, application or design, the use shall be in violation of conditional use approval.

B.

If and when any use is determined to be in violation of conditional use approval, the zoning administrator shall notify the applicant in writing of said violation and of a 30 day period in which to rectify the violation. The notice shall state a time and place after the 30 day period at which a revocation hearing will be held if the violation is not timely rectified.

C.

Within 30 days after notification of violation of conditional use approval, the applicant shall rectify the violation. Upon completion of any required changes, the applicant shall notify the zoning administrator in writing that said changes have been made.

D.

Failure of the applicant to rectify said violations within 30 days shall be cause for cancellation and revocation of the conditional use approved by the city council. A revocation hearing shall be conducted by the city council prior to any revocation. Notice of the hearing shall be provided as required by subsection B. above. The revocation of the conditional use approval shall require the applicant to vacate the premises of or stop the use authorized by the conditional use approval. After revocation, the applicant may reapply for approval of a conditional use pursuant to the procedures outlined in this chapter.

E.

Resubmittal of denied application. Same as the reconsideration requirements for zoning and rezoning requests

(Ord. No. 1742, § 1, 1-14-2020)

The purpose of these provisions shall govern the use and improvement of a non-conforming lot and the modification, expansion, reconstruction, alteration, abandonment and continued occupancy of a non-conforming structure.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Any use of a building or land lawfully existing at the time of the enactment of this chapter which does not conform to the regulations of the zoning district in which it is located or with the applicable development standards of this title is a non-conforming use.

B.

Any use in existence at the time of the effective date of this title on a lot which does not conform with the development standards of the zoning district in which it is located shall be allowed to be continued, provided the use is not discontinued for a period of 12 months or more in which case the use shall be deemed abandoned and such use shall not be renewed except in conformance with all applicable City of Fountain regulations.

C.

Non-conforming uses shall strictly comply with the regulations set forth below in this section, in addition to all other applicable regulations of this title and the Pikes Peak Regional Building Code.

1.

Existing manufactured housing as non-conforming uses. If a manufactured home is used for residential purposes and is not located within a manufactured housing park or manufactured housing subdivision on the date of this title, or is located on property annexed to the city after the effective date of this title, the manufactured home shall be subject to all rights and limitations set forth this title, except as provided herein. If a manufactured home is moved from its location within the RA zoning district, the manufactured home shall not be replaced or relocated except within a manufactured housing park or manufactured housing subdivision, unless it was moved from a location that was zoned RA at the time of removal and the manufactured home is replaced in the original location within three months' time of its removal, provided the location is still zoned RA, and the manufactured home complies with the requirements of this chapter.

2.

The expansion of a legal non-conforming use is permitted only within a conforming structure and is subject to each of the following conditions:

a.

Any expansion requires a conditional use permit from the zoning administrator and shall meet the following criteria:

i.

All areas of expansion must be confined to and conducted wholly within the structure or portion thereof, which is in existence as of the effective date of this title.

ii.

A maximum of one expansion of a legal non-conforming use existing as of the effective date of this chapter shall be permitted.

iii.

The expansion shall not increase the gross floor area of the non-conforming use by more than 20 percent, except for existing residential structures expanded within conforming setbacks not resulting in more units than permitted by the zoning district in which such residential use is located.

iv.

All new site improvements necessitated by an expansion shall comply with the development standards of the zoning district in which the use is located or any specific regulations governing the use, if applicable, whichever is more restrictive.

v.

The total number of parking spaces required by this title for the area of any expansion must be provided in accordance with the parking standards set forth in the title.

3.

Alteration and/or expansion of existing non-conforming development. Alterations and/or expansions to existing development including manufactured housing parks, shall be required to comply as practical and feasible with the city's standards for streets in order to protect the health, safety and welfare of the residents.

D.

Any change of a legal non-conforming use to a conforming use shall comply with all requirements of these regulations.

E.

Any legal non-conforming use that is discontinued for a period of 12 consecutive months shall be deemed abandoned and shall thereafter be unlawful and may not resume and continue.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All legal non-conforming structures shall comply with the provisions of the Pikes Peak Regional Building Code and with all other provisions of the Fountain Municipal Code outside the scope of the structure's legal non-conformity(ies).

B.

The continued use of any legal non-conforming structure shall be subject to the following conditions:

1.

Continued use of a legal non-conforming structure is allowed if the structure is non-conforming as of the effective date of this title.

2.

If use of a non-conforming structure is ancillary to the primary use on the site, changing the use in the non-conforming structure to any primary use allowed in the zoning district will be considered an increase in intensity of the nonconformance and will not be permitted unless a variance is granted pursuant to these regulations for the non-conforming structure.

3.

Expansion by increasing the size of the exterior of a non-conforming structure is permitted if the expansion does not increase the structure's non-conformity and is otherwise done in compliance with all standards and requirements of these regulations. Without limiting the foregoing:

a.

If the structure exceeds applicable lot coverage requirements, expansion shall not be allowed.

b.

If the structure is located on a lot which does not meet the minimum lot area required in the applicable zoning district, expansion may be allowed if it can be accomplished in compliance with all other applicable regulations to the use, including but not limited to; setback, lot coverage, and site development standards.

c.

If the structure is located on a lot and encroaches in a required setback area, expansion of the structure may be allowed only to the extent that the expansion does not encroach into required setback or yard areas.

d.

If the structure's height is nonconforming, expansion is allowed if the expansion does not create any other nonconforming condition and if the newly constructed portion does not exceed applicable height limitations.

e.

If the construction costs do not exceed 50 percent of the of the latest El Paso County assessed improvement value.

C.

If the required number of off-street parking spaces is provided for the proposed expansion in accordance with these regulations.

D.

Non-conforming signs shall be regulated as provided in chapter 17.12.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All interior remodeling or any alteration wholly within a nonconforming structure is allowed if the external configuration of the structure is not changed provided that: such alteration does not create any non-conforming use or situations, does not increase the intensity of the non-conformance as described above, and all other applicable regulations of this chapter and title are met.

B.

Ordinary repairs and maintenance of a nonconforming structure shall be allowed and are encouraged.

C.

Any non-conforming structure extensively damaged by sudden destruction beyond the control of the user or by fire and where reconstruction costs exceed 50 percent of the latest El Paso County assessed improvement value may be reconstructed or replaced. Such reconstruction shall occur on the same lot and with the same external configuration, only if all provisions of this title and other provisions of the Fountain Municipal Code are met.

D.

Alterations or remodeling of a nonconforming structure which changes the use of the non-conforming structure from an ancillary use to a similar to the primary use shall not be permitted.

(Ord. No. 1742, § 1, 1-14-2020)

Non-conforming lots of record. Where an individual lot was held in separate ownership from adjoining properties or was platted prior to the effective date of this title in a recorded subdivision approved by the city council and has less area or width than required in other sections of this title, such lot may be occupied according to the permitted uses set forth in the district in which the lot is located. If a non-conforming lot ever comes under the same ownership as a contiguous parcel it shall no longer be the same non-conforming lot and such cessation shall be recorded in the El Paso County Clerk and Recorder's office, and then no portion of the enlarged parcel shall be sold unless both the portion to be sold and the remainder shall be conforming parcels.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Any parking spaces and/or access to public rights-of-way lawfully existing on the effective date of this title which do not conform to the parking requirements, development standards, and access standards of this title shall be considered legal non-conforming and may continue, subject to the following:

1.

Expansion of any conforming or non-conforming use or structure shall not be permitted unless the total number of parking spaces provided for any proposed expansions on the site is provided as stipulated in the parking standards set forth in this title.

2.

Non-conforming parking shall not be expanded or enlarged. When additional parking spaces are necessitated by expansion, modification, change in use or by new uses, all new parking areas shall comply with the development standards of this title and the access to the lot from public rights-of-way including access to existing parking areas, shall be brought into compliance with this title and other standards adopted by the city.

3.

When any addition to or enlargement of an existing building or use, or a change in use increases the building or the developed area of the use or the parking requirements of the building or structure, the parking requirements of this title must be met and the entire building shall be brought into conformance with all requirements of this title, including required number of spaces, access, landscaping, lighting, screening, and other applicable standards. If and when a residential use is granted a conditional use for a change of use, the change of use shall meet all current parking standards prior to implementation of the use. However, the requirement set forth above shall not apply if the owner in a residential district can demonstrate that the property is used exclusively for one single family dwelling unit. Once the owner of a dwelling in a residential district is granted a conditional use permit, s/he must immediately comply with this title.

B.

All parking and access is subject to permits and requirements of the Fountain Municipal Code or State Highway Access Code.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The purpose of an environmental assessment study is to determine if a land development proposal may affect to any significant degree the quality of the environment in the city. The provisions of this chapter achieve the following objectives:

1.

To ensure that complete information on the effects of the proposed development is available to the zoning administrator, the planning commission, city council and the public.

2.

To ensure that long-term protection of the environment is a criterion to be considered in development planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions.

3.

To provide procedures for local review and evaluation of the impacts of proposed projects prior to granting of permits or other authorization for commencement of building and development.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The planning commission or zoning administrator may require an environmental assessment study for any land development application. Any of the following conditions shall require an environmental assessment study:

1.

A major or unnecessary altering of an ecological unit or landform, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse or other natural landform feature.

2.

A direct or indirect impact on an identified wildlife habitat, feeding ground or nesting ground.

3.

An impact on the appearance or character of a significant scenic area, cultural or historic resource as identified by the Colorado State Historical Society or other recognized preservation organization.

4.

Earth moving or other landform change that will cause landslides, or further the siltation, settlement, or flooding and thereby create a greater hazard to health and safety.

5.

Hydrologic conditions, such as surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural water features and characteristics and any potential changes or impacts.

6.

Geologic conditions, such as landforms, slope, soil characteristics, potential hazards and any potential changes or impacts.

7.

Circulation and transportation conditions, such as volumes and traffic-flow patterns, alternative transit systems and potential changes or impacts to the region's investment or planned investment in transportation systems.

8.

The discharge of toxic or thermally abnormal substance or use of herbicides or pesticides, or the emission of smoke, gas, steam, dust or other particulate matter.

9.

Any waste treatment, cooling or settlement pond, or transportation of solid or liquid wastes to a treatment or disposal site.

10.

The discharging of significant volumes of solid or liquid wastes.

11.

A substantial increase in demand on existing or planned sewage disposal, storm drainage or other utility systems to a level, which is likely to cause an adverse impact on the environment or require new plant investments or improvements.

12.

Others as determined by the zoning administrator to impede the purpose of this section.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The range of studies needed to develop the technical data for an environmental assessment study require natural systems and other studies as determined by the zoning administrator. Where feasible, studies may include secondary data from such sources as the Colorado Department of Transportation, the Colorado Division of Wildlife, data collected and updated by the Pikes Peak Regional Council of Governments, studies commissioned by the regional flood management district, USGS or other studies. The applicant is responsible for all costs associated with the development and application of an environmental assessment.

B.

The environmental assessment study shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by city officials and the general public. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requirement of this or of any ordinances or federal, state, county or city regulation also may be used to support the environmental assessment study.

C.

Submission. When required, the environmental assessment study, shall be submitted to the zoning administrator with any land development application. The zoning administrator shall prescribe the number of copies to be submitted. The zoning administrator shall transmit the report to applicable federal, state or county agencies for review and comment.

D.

Submittal requirements.

1.

The environmental assessment report study shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the zoning administrator, planning commission and the city council to judge the impact of the proposal and to judge measures proposed to reduce or negate any harmful impacts. An independent, qualified professional consultant or personnel shall prepare the environmental assessment study.

2.

The environmental assessment study shall include a general statement identifying and describing the proposed project and its purpose.

3.

To the extent that such items are not otherwise included in other materials submitted with any application or preliminary site development plan descriptive materials, maps and plans shall be submitted showing the following information:

a.

Project boundaries and boundaries of the area within which environmental impact is likely to be significant (may include areas outside of the project boundaries if there is reasonable cause to believe the project is likely to have impacts greater than the project boundaries).

b.

Present and proposed uses of the site.

c.

Present and proposed zoning of the site.

d.

Quantitative information relative to the development, such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet and such other data as will contribute to a clear understanding of the scale of the development.

e.

A list of regulatory or review agencies and the specific regulations to which the proposed development will be subject.

4.

The environmental assessment study shall include an inventory, providing reasonably complete information on the environmental setting existing prior to the proposed development and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed development.

5.

The analysis portion of the environmental assessment study shall assess the following items in reasonable detail:

a.

Adverse effects, which cannot be avoided if the proposal is implemented.

b.

Mitigating measures proposed to minimize the impact.

c.

Cumulative and long-term effects of the proposal, which significantly reduce or enhance the state of the environment.

d.

Possible alternatives to the proposed action.

e.

Irreversible environmental changes resulting from implementation of the proposal.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The purpose of the short term rental unit permit is to facilitate the permitting of short term rental units subject to appropriate restrictions and standards and to allow for varied accommodations and experiences for visitors while retaining the character of existing residential neighborhoods.

B.

For purposes of this chapter, a short term rental unit is an area within an existing residential dwelling unit that is defined and approved pursuant to a valid city short term rental unit permit, issued pursuant to this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

A.

It shall be unlawful for any person to operate any short term rental unit without a valid short term rental unit permit, as approved by the zoning administrator.

B.

A short term rental unit permit does not run with property, is specific to the person or entity to which it is issued and is non-transferable. Nothing herein shall preclude the management of an approved short term rental unit by a third-party on behalf of the owner.

(Ord. No. 1742, § 1, 1-14-2020)

A.

An applicant for a short term rental unit permit shall submit a completed application form and shall pay all required fees. The application shall be reviewed and processed administratively by the zoning administrator.

B.

The permit application shall include:

1.

Completed application form.

2.

Site plan showing the full extent of buildings and improvements, including parking areas, on the property, depicting the area to be used for the short term rental along with a written narrative confirming compliance with all other standards described below that cannot be depicted on the site plan.

3.

The name, address and contact information including a 24-hour contact phone number for the owner or the owner's property manager or agent within the City of Fountain who can be contacted in the event of an emergency and respond within one hour.

4.

Proof of insurance.

5.

A statement that the owner has read and understands the rules and regulations for a short term rental unit set forth in this part.

C.

Inspections. It is the property owner's responsibility to call for all required inspections. The following inspections are required:

1.

Inspection of the proposed unit before issuance of license; and

2.

An annual inspection is required of the unit prior to renewal.

(Ord. No. 1742, § 1, 1-14-2020)

The zoning administrator may approve or approve with conditions an application for a short term rental unit permit upon a finding that the unit shall meet the following standards:

1.

Sleeping quarters must be located in an area approved for such occupancy and use by the city building inspector.

2.

Limit one short term rental unit within each lawful dwelling unit located on a property, up to a maximum of four short term rental units per property; or in the event of condominiums or buildings held in similar common ownership, each owner shall be limited to two short term rental units per property. Entities under common control shall be considered a single owner for the purpose of evaluating ownership of dwelling units.

3.

The owner shall maintain weekly residential trash collection services. Garbage/refuse containers shall not be left out at the collection point later than 24 hours after collection and property shall be free of trash and debris.

4.

The owner shall maintain and provide proof of property liability insurance in the amount of not less than $500,000.00, or provide proof that property liability coverage in an equal or higher amount is provided by any and all hosting platforms through which the owner will rent the short term rental unit.

5.

Short term rental units must remain compliant with all city laws applicable to the premises, including but not limited to planning, zoning, building, fire, health and life-safety regulations.

6.

The applicant shall not have had a short term rental unit permit suspended or revoked within the preceding 24 months.

(Ord. No. 1742, § 1, 1-14-2020)

The zoning administrator, in the context of initial permit approval, and the planning commission, in the context of a disciplinary proceeding, may impose such terms and conditions as are reasonably calculated to ensure compliance with the requirements of this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

It shall be a violation of this chapter to fail to comply with the following rules and regulations:

1.

All short term rental units, owners and operators shall comply with and abide by all applicable city ordinances and laws, including but not limited to noise, housing and public health ordinances.

2.

Off-street parking areas in private driveways or other authorized parking areas must be provided. Parking shall not occur on-site in non-driveway areas or other areas in which parking is prohibited (i.e. Front yard areas, parkways and rear yards).

3.

No meals shall be prepared for or served to the short term tenants by the owner or the owner's agents.

4.

Occupancy of the short term rental unit shall not exceed the maximum permissible occupancy under applicable building, fire, health and safety codes.

5.

The approved city-issued permit, together with all local police, fire and emergency contact information, shall be prominently posted within the short term rental unit.

6.

The city issued permit number shall be used in all rental marketing materials.

7.

During the term that a short term rental unit is occupied by a short term tenant, the owner and/or the local contact person designated by the owner shall be available 24 hours per day, seven days per week, for the purpose of responding within one hour to complaints regarding the condition or operation of the short term rental unit or the conduct of short term tenants. If the local contact person designated by the owner changes, then the owner shall update the permit on file within three days.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The zoning administrator may initiate permit suspension or revocation proceedings upon his or her finding that there is probable cause that the unit has been operated, maintained or occupied in violation of this chapter. The zoning administrator shall issue written notice describing such probable cause and the specific date, time and place of a hearing to be conducted on the same in front of the planning commission, to be conducted not less than 20 days after the date of such notice. The notice shall be sent by certified mail, return receipt requested to the owner's mailing address indicated on the application. The notice shall also be posted in a prominent place on the exterior of the short term rental unit.

B.

On the specified date, time and place, the planning commission shall conduct a hearing on the notice issued by the zoning administrator.

C.

The planning commission may suspend or revoke a permit if it finds, by a preponderance of the evidence, that:

1.

The operation, condition or occupancy of the short term rental unit violates or has violated any provision of this chapter; or

2.

The owner has violated a condition of approval.

D.

The planning commission may impose such terms and conditions as are reasonably calculated to cure any proven violations or to prevent such violations in the future, as a part of its action and decision on a permit under subsection C. The commission shall issue written findings and decision on any permit subject to a hearing within 15 days of the conclusion of the hearing. Such findings and decision shall be sent by certified mail, return receipt requested, to the owner's mailing address indicated on the application.

E.

Permit suspension or revocation by the planning commission may be appealed pursuant to this chapter.

F.

A suspension or revocation shall be effective immediately upon the decision of the planning commission or, if appealed, of the city council. A perfected appeal shall operate as a stay of the planning commission decision unless the manager certifies in writing that the condition giving rise to the decision constitutes an imminent hazard to the public health, safety and welfare.

G.

Suspension or revocation of a permit may be in addition to any remedy provided for in this chapter, including but not limited to, the remedies provided in this chapter.

(Ord. No. 1742, § 1, 1-14-2020)