(a)

Purpose. A site plan shall be required prior to any development within a zoning district.

(1)

Major site plan. The following types of development are subject to major site plan review:

a.

Residential uses which include three (3) units or more.

b.

Any non-residential use.

c.

Any conditional use.

(2)

Minor site plan. The following types of development are subject to minor site plan review:

a.

Modifications to a major site plan.

b.

Single-family and duplex residential structures.

c.

Additions to single-family and duplex residential structures.

d.

Additions to commercial, office or industrial structures.

e.

Site work, landscaping, grading and utility installations.

f.

Temporary and seasonal use as specified in Section 19-2-330.

g.

Any permitted use that does not require a major site plan.

h.

Changes of use.

(b)

Submittal requirements. The applicant shall submit all required materials specified in Appendix 1 for either a major or a minor site plan review, as applicable.

(c)

Procedure. An application for site plan approval shall be processed in accordance with the Review Procedures Chart at Section 19-1-210 and Table 1.1.

(d)

Criteria for review. The Town Staff or Planning Commission, as appropriate, shall consider the following criteria in reviewing a site plan application:

(1)

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

(2)

The proposed site development is in conformance with the Comprehensive Plan.

(3)

The lot size, lot dimensions and setbacks are consistent with what is shown on the approved final plat and the zone district requirements, as appropriate.

(4)

No buildings or structures infringe on any easements.

(5)

The proposed site grading is consistent with the requirements of any applicable adopted storm drainage criteria or master drainage plans.

(e)

Action on application. Site plans shall be reviewed by the reviewing authority indicated in Table 1.1, who may approve, conditionally approve, or deny the proposal. Within fifteen (15) days of approval, the applicant shall submit one (1) original electronic drawing of the approved site plan to the Town Staff.

(f)

Conditions of approval. The reviewing authority may place conditions upon issuance of a site plan approval which it deems necessary and proper to ensure that the development proposal will be implemented in the manner indicated in the application. Said conditions shall be listed on the approved site plan. Conditions may include, but not be limited to, the following:

(1)

Use. The condition may restrict the future use of the proposed development to that indicated in the application.

(2)

Homeowners' association. The conditions may require that, if a homeowners' association or merchants' association is necessary or desirable to hold and maintain common property, it be created prior to the issuance of an approved site plan.

(3)

Dedications. The conditions may require conveyances of title or easements to the Town, or public utilities for purposes related to the community's public health, safety and welfare, which may include land and/or easements for utilities, roads, snow storage or other similar public uses. Conditions may require construction to public standards and dedication of those public facilities necessary to serve the development and the public.

(4)

Performance guarantees. The conditions may require the deposit of certified funds with the Town, the establishment of an escrow fund, the deposit of an irrevocable letter of credit, the posting of a bond or other surety or collateral (which may provide for partial releases), to ensure that all construction features included in the application or required by the terms of the site plan approval are provided as represented and approved. The Town will consider and may also require a monetary guarantee ensuring that the site will be revegetated to its original condition if the project is abandoned after construction has commenced. Such construction guarantees shall be secured by a development improvements agreement (DIA), a form for which is provided in Appendix 3.

(5)

[Reserved.]

(6)

Public improvements. The conditions may require the installation of public improvements or participation in a special assessment district for the installation of public improvements within, adjacent to or contributing to the project. Such public improvements shall be secured in the same form required for subdivision improvements at Section 19-3-425.

(7)

Additional and/or revised plans. The conditions may require that additional plans or engineered revisions to utility, drainage or site plans be submitted to the Town and approved prior to issuance of a building permit.

(g)

Modification of plan during construction. All site improvements shall conform to the approved site plan, including engineering drawings approved by the Town Staff. 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 Town Staff will approve the changes. The applicant will be required to correct the unapproved changes so as to conform to the approved site plan.

(h)

Enforcement. A building permit shall not be issued for any use requiring site plan approval until a site plan has been approved. In addition, a certificate of occupancy shall not be issued until all site improvements shown on the site plan have been completed as verified by Town Staff.

(Ord. 452 §1(Exh. A), 2018; Ord. 496 Part 1, 2023)

(a)

Process. In all zone districts, where there are uses listed on the Schedule of Uses in Section 19-2-340 as a conditional use ("C"), such uses may not be initiated, maintained or otherwise conducted without approval by the Board of Trustees of a conditional use permit, following the procedure set forth in the Review Process Chart at Section 19-1-210.

(b)

Purpose. Because of their special or unusual characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed herein is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large.

(c)

Submission requirements. The applicant shall submit all required materials specified in Appendix 1.

(d)

Criteria for review. The Board of Trustees shall base its decision in granting, conditionally granting, or denying a conditional use permit application in consideration of the extent to which the applicant demonstrates the following criteria have been met:

(1)

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

(2)

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

(3)

That the conditional use will not change the predominant character of the neighborhood, including the scale and bulk of the proposed use in relation to surrounding uses and neighborhoods;

(4)

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

(5)

That there will not be an unacceptable effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities and public facility's needs;

(6)

That there will not be an unacceptable effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking areas;

(7)

That the proposed conditional use does not contribute to undervalued use of property;

(8)

That the proposed conditional use conforms with the Comprehensive Plan; and

(9)

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

(e)

Board of Trustees action. After the close of the required public hearing, the Board of Trustees may approve, approve with conditions, or deny the proposed conditional use. In the event the Board chooses to grant the conditional use with conditions, such conditions may include, but are not limited to the following:

(1)

That the conditional use runs with the land in perpetuity.

(2)

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

(3)

That the 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)

Limits to quantities of material allowed on the site, pollution control measures, additions to screening plans, etc.

(5)

Requiring the applicant to enter into a written contract or other assurance which the Board of Trustees may, in its discretion, deem advisable as a condition for the granting of the conditional use permit. These contracts may include guarantees for any improvements made to mitigate impacts.

(6)

Any other condition which in the opinion of the Board of Trustees is necessary to render the conditional 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 Town residents.

(f)

Revocation. A conditional use permit may be revoked 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 permit, and including notice to the permit holder.

(Ord. 452 §1(Exh. A), 2018)

Upon the effective date of this Chapter: May 5, 2018, there were in existence certain "Development Permits," previously issued pursuant to Sections 16-4-10 through 16-4-190 of Chapter 16 in effect prior to that date, and which Chapter has been repealed in connection with the adoption of this Chapter 19. All such existing development permits remain valid and enforceable pursuant to their terms and under their conditions of issuance. Such development permits will be deemed to expire within the same time periods as set forth at Section 19-1-245 as either a major or minor site plan permit, dependent upon the size of the subject property development, unless a different expiration date is set forth in the approved development permit itself. Upon expiration of such development permits, additional site development upon such properties must be approved as a major or minor site plan under Section 19-2-110.

(Ord. 452 §1(Exh. A), 2018)

Planned development district plans (PD District plans) and any final planned development plans (final PD plans) approved and recorded prior to the effective date of this Chapter, May 5, 2018, may continue to be completed under their terms. PD District plans and final PD plans may continue to be completed under the following Sections. No new PD districts shall be approved and no existing PD districts may be enlarged.

(Ord. 452 §1(Exh. A), 2018)

(a)

Existing approved final PD plans may be completed pursuant to their approved terms.

(b)

New final PD plans may be approved for property within an existing PD District pursuant to the following.

(1)

Submittal requirements. The applicant shall submit all required materials specified in Appendix 1.

(2)

Procedure. The final PD plan application shall be reviewed by the Town in accordance with the Review Procedures at Section 19-1-210 and Table 1.1 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

PD District plans may be amended in the manner shown on Table 1.1 in Section 19-1-210.

(1)

Minor amendment. Changes to an approved PD District plan that are not subject to a major amendment, as described in Subsection (2) below.

(2)

Major amendment. Changes to an approved PD District plan involving greater than a thirty percent (30%) increase in the original negotiated site development standards; or greater than a ten percent (10%) increase in density; or any change in permitted land uses.

(b)

Final PD plans for any existing PD district may be modified only by one (1) of the processes described in this Section.

(1)

A final PD plan may be amended as permitted by its approved terms.

(2)

Minor amendment. If not prohibited by the existing final PD plan or PD District plan, and based upon a showing of necessity, minor changes in the location, siting and height of buildings and structures may be approved by the Town Staff pursuant to the procedures in Section 19-1-210, Table 1.1 if such changes do not exceed ten percent (10%) of any measurable standard in the current final PD plan and will not cause any of the following circumstances to occur:

a.

A change in the use or character of the development;

b.

An increase in the overall land coverage of structures;

c.

An increase in the intensity and density of use;

d.

A reduction in approved open space;

e.

A reduction in off-street parking and loading space; or

f.

A reduction in required pavement widths.

(3)

Major amendment. Any changes to a final PD plan other than as permitted under Subsections (1) and (2) above, inclusive of rearrangement of lots, blocks and building tracts; or any changes in the provision of common open spaces; or any transfer of density, shall be reviewed and considered by the Planning Commission at a public hearing and presented to the Board of Trustees pursuant to the procedures in Section 19-1-210, Table 1.1.

a.

Such amendments may be made only if they are shown to be required: (1) by changes in conditions that have occurred since the final PD plan was approved or, (2) by changes in community policy.

b.

Density transfers are only allowed through the density transfer mechanism as provided in Subsection (4) below.

(4)

Density transfer. Density may be transferred from one (1) area within a PD District to another area within the same PD District, upon application and approval of a final PD plan subject to the following conditions:

a.

The overall density of the governing PD District plan is not increased.

b.

An accounting of unused and/or un-transferred densities shall be provided at the time of application.

c.

The area receiving a density transfer must have sufficient roadway, water and sewer infrastructure to serve the development.

d.

A proposed density transfer that would increase density above thirty percent (30%) beyond the density originally approved in a PD District plan first requires a PD District plan amendment, as provided in Section 19-2-110 of this Article.

e.

Density may not be transferred from one (1) PD District plan area to another PD District plan that already has an approved final PD plan without a final PD plan amendment as provided in Subsection (b) above.

(Ord. 452 §1(Exh. A), 2018)

(a)

The Board of Trustees may amend the boundaries of any zone district as shown on the Official Zoning Map pursuant to the procedures in Section 19-1-210, Table 1.1.

(1)

Rezoning of individual property may be initiated by the Town, by citizen petition or by application filed by the landowner.

(2)

Requests for rezoning initiated by the Board of Trustees, Planning Commission or Town Staff will be prepared as a draft ordinance by the Town Attorney and Town Staff and shall be reviewed and considered by the Planning Commission and presented to the Board of Trustees at a public hearing pursuant to the procedures in Section 19-1-210, Table 1.1. In this instance, the Town shall be considered to be the applicant.

(b)

To initiate a rezoning of private property, the petitioner must be the owner of the affected property or a citizen of the Town who has submitted the application with a petition signed by owners of all of the land affected by the request. In addition, any applicant may contemporaneously with or subsequent to the filing of a petition for annexation, file a petition requesting a certain zoning designation for the parcel of land for which the annexation is sought. The applicant shall submit all required materials specified in Appendix 1. In this instance, the person submitting the application shall be considered to be the applicant. The applicant shall carry the burden of demonstrating that the land in question should be rezoned. All applicants are advised there is no right to a change of zoning.

(c)

The Planning Commission and Board of Trustees may consider the following evaluation criteria for the analysis of rezoning applications:

(1)

The compatibility of the rezoning proposal with the surrounding zone districts and land uses in the vicinity of the site of the rezoning including the characteristics of the existing neighborhood, the applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics;

(2)

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;

(3)

That the proposed rezoning is needed to provide land for a demonstrated community need or service and such rezoning will be consistent with the goals, objectives and policies contained within the Comprehensive Plan;

(4)

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

(5)

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;

(6)

That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zoning, or that the applicant will upgrade and provide such where non-existent or under capacity; and

(7)

The impacts of the rezoning upon expected traffic generation and road safety, availability of on-site and off-site parking and the availability of adequate utility services and street access to the site.

(d)

In case of a protest against a proposed change, filed prior to the close of the public hearing before the Board of Trustees and signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of the members of the Board of Trustees.

(e)

The Board of Trustees may, upon the request of the Planning Commission, Town Staff or on its own motion, initiate a procedure for rezoning a significant area of the Town, consisting of not less than six (6) more individual ownership parcels and not less than five (5) total acres. This rezoning is a legislative, not a quasi-judicial act, and may be accomplished by ordinance without notice to individual landowners. The procedure for legislative rezoning shall be as follows:

(1)

Requests for legislative rezoning initiated by the Board of Trustees, Planning Commission or Town Staff will be prepared as a draft ordinance by the Town Attorney and Town Staff and shall be reviewed and considered by the Planning Commission and presented to the Board of Trustees in a public hearing. In this instance, the Town shall be considered to be the applicant.

(2)

After conducting its review on the request, the Planning Commission shall transmit its recommendations to the Board of Trustees.

(3)

Notice of the public hearing before the Board of Trustees shall be given by publication of the request and descriptive material identifying the area proposed to be rezoned, the present zoning, and the proposed zoning. The notice shall be published in a newspaper of general circulation in the Town and by posting at the Town offices. Separate notice to individual property owners is not required, but may be given in the sole discretion of the Town. The Town's choosing not to give such individual notice shall not be a basis for challenge of the legislative rezoning.

(4)

The Board of Trustees shall consider the public testimony, the recommendations of the Comprehensive Plan, and the interests of the Town in general when considering a legislative rezoning.

(f)

All actions of the Board of Trustees in approving rezoning shall be recorded on the Official Zoning Map.

(Ord. 452 §1(Exh. A), 2018)