This document is Title 070 of the Municipal Code of the City of Glenwood Springs. It shall be officially known and cited as the "Glenwood Springs Development Code," and is referred to internally in this document as "this Code" and "this Title."

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

This Code shall become effective on August 16, 2018.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Purpose. The general purpose of this Code is to protect the public health, safety, and welfare of the City and to implement the policies, goals, and strategies adopted by the City of Glenwood Springs, including those set forth in the Glenwood Springs Comprehensive Plan.

(b)

Intent. More specifically, this Code is intended to create the best built environment for the City by:

(1)

Promoting orderly, efficient, and integrated development within the City;

(2)

Providing for a variety of housing and neighborhood types and densities at a range of housing costs, including affordable workforce housing;

(3)

Regulating the development and use of land based upon the impact of such development or use on surrounding areas or the City;

(4)

Providing minimum standards for the design and improvement of land, subdivision, and development to ensure that each building site is capable of accommodating a structure devoted to the intended use of the land;

(5)

Guarding against loss from natural hazards such as flooding, falling rock, landslides, snowslides, debris flow, and unstable soils;

(6)

Ensuring equitable processing of development proposals by providing uniform procedures and standards; and

(7)

Providing a legally accepted record of lot lines, easements, and dedications in accordance with this Code and Colorado law.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Authority. This Code is adopted pursuant to the authority in the Glenwood Springs Municipal Charter and C.R.S. § 29-20-101 et seq. (Colorado Land Use Control Enabling Act) and § 31-23-301 et seq., as amended.

(b)

General Applicability. This Code shall apply to all land, buildings, structures, and uses located within the City of Glenwood Springs, as those terms are defined in Article 070.070: Rules of Construction and Definitions, unless an express exemption is granted within this Code.

(c)

Compliance Required.

(1)

No permit, certificate, or approval of any use that is subject to this Code shall be issued or granted by any department, agency, City official, or City employee without a finding of substantial compliance with this Code having been issued by the appropriate review authority.

(2)

Unless otherwise stated in this Code, no building or structure shall be erected, converted, enlarged, reconstructed, or altered without a determination of substantial compliance with this Code.

(3)

No lot of record that did not exist on the effective date of this Code shall be created by subdivision or otherwise unless it complies with this Code.

(d)

Municipal Code and Municipal Charter.

(1)

Whenever any provision of this Title conflicts with other provisions of the Municipal Code, the stricter provision, as determined by the City Attorney, shall govern.

(2)

If any provisions of this Title conflict with the Municipal Charter, the Charter shall govern.

(e)

Emergency Powers. The City Council may authorize any deviation from this Code during a local emergency. Local emergencies shall be declared by resolution of the City Council. Any deviations from this Code during such emergency shall be authorized by resolution of the City Council without a requirement for notice or public hearing, and shall be temporary and of set duration.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

Unless expressly provided otherwise, if any portion of this Code or the application of this Code is found to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining portions or applications of this Code that can be given affect without the invalid portion or application; provided such remaining portions or applications are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Development Approvals. Any development approved under regulations in effect prior to the effective date of this Code may be carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and the development complies with any applicable standards of this Code regarding ongoing operations and maintenance. If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.

(b)

Pending Applications. A development application that has been determined to be complete pursuant to Subsection 070.060.030(d)(5) prior to the effective date of this Code may be decided under the regulations in effect when the application was determined to be complete, or may be reviewed and decided under this Code at the request of the applicant. Applications shall not be processed under a combination of prior regulations and this Code.

(c)

Prior Violations. If a development or activity in violation of the prior development regulations fully complies with this Code, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations are still valid and shall remain the responsibility of the violator under the prior regulations.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Purpose. The purpose of this Section 070.010.070 is to regulate and limit the development and continued existence of uses, structures, lots, signs, and use characteristics such as parking and landscaping, that were lawfully established prior to the effective date of this Code, but that no longer conform to the requirements of this Code. All such situations are collectively referred to in this Section as "nonconformities." While nonconformities may continue, the provisions of this Section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this Code and the goals of the City of Glenwood Springs.

(b)

Regulations Applicable to All Nonconformities.

(1)

Authority to Continue. Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Section, or unless such nonconformity is terminated as provided in this Section.

(2)

Determination of Nonconformity Status. The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity.

(3)

Maintenance and Minor Repair.

a.

Minor repairs and maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following:

1.

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this Code;

2.

Maintenance of land to protect against and mitigate health and environmental hazards;

b.

Repairs and maintenance within a waterway or area of special flood hazard shall comply with Section 070.040.020(d). Temporary disturbance to make repair or maintain a nonconforming structure within or adjacent to the setback area required by Section 070.040.020(d)(24) shall be limited to fifteen (15) feet around perimeter of the structure. The temporary disturbance area shall be returned to its original condition and vegetation or with other native riparian plant species. However, vegetation listed on the Garfield County noxious weed list shall not be replanted.

4.

Repairs necessary to comply with current building code requirements.

b.

Repairs and maintenance within a waterway or area of special flood hazard shall comply with Subsection 070.040.020(d).

(4)

Change of Ownership or Tenancy. Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section 070.010.070.

(5)

Compliance to the Maximum Extent Practicable. Where compliance with the requirements of this Section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this Section to the maximum extent practicable, as determined by the Director.

(c)

Nonconforming Uses. Nonconforming uses of land or structures are subject to the following additional limitations:

(1)

Limitations on Continuation of Nonconforming Uses of Land or Structures.

a.

A nonconforming use may be extended throughout the same building, provided that:

1.

No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted;

2.

No additional dwelling units shall be permitted in the building; and

3.

No additional nonresidential units and/or uses shall be permitted.

b.

Any existing occupied single-family residential dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint. Roof-mounted small scale solar energy systems may increase the height of a nonconforming structure by five (5) feet, but shall not extend above the roof peak or ridge or impact solar access to an adjacent property. Properties designated as a landmark or proposed landmark, or in a designated or proposed historic district shall first obtain a landmark alteration certificate as required in Section 070.050.040.

c.

No additional structure not conforming to the requirements of this Code shall be erected in connection with the nonconforming use of land or structure.

d.

Whenever a nonconforming use of land or a building has been discontinued for a period of one (1) year, future use of land or building shall comply with this Code.

(2)

Change of Use.

a.

A nonconforming use may be changed to another nonconforming use, provided the Director determines that the new use creates no greater impacts on surrounding properties and is no more intensive than the use it replaces, and no structural alterations to the building are required to accommodate such change. A nonconforming use that has been changed to a less nonconforming use pursuant to this Subsection may not subsequently be changed back to a more nonconforming use.

b.

A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this Code.

(d)

Nonconforming Structures. Nonconforming structures are subject to the following additional limitations:

(1)

A nonconforming structure may be expanded, provided that any such expansion shall be in full compliance with this Code.

(2)

No nonconforming structure may be enlarged or altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to decrease the nonconformity of the structure.

(3)

A nonconforming structure that has been damaged or destroyed by fire or other causes may be restored to its original condition, provided that such work is commenced within one (1) year of such event and completed within eighteen (18) months of such event. By written request from the property owner, the Director may grant one (1) extension of either the work commencement and/or the completion of work time period.

(e)

Nonconforming Lots. Nonconforming lots are subject to the following additional limitations:

(1)

A nonconforming structure may be expanded provided that any such expansion shall be in full compliance with this Code.

(2)

A nonconforming lot that was made nonconforming by virtue of enactment of this Code may be used for construction of a building allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met.

(f)

Nonconforming Site Features.

(1)

Applicability.

a.

For purposes of this Subsection, the term "nonconforming site feature" includes any driveway, off-street parking or loading area, landscaping, buffer, screening, or exterior lighting element that lawfully existed per regulations in place prior to the effective date of this Code, as well as the lack of any such feature required by subsequently enacted City regulations.

b.

A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this Code, subject to the requirements of this Subsection.

c.

No action shall be taken that increases the degree of the nonconformity of a site feature.

(2)

Nonconforming Parking.

a.

Continuation of Nonconforming Parking. Any parking spaces or access to public rights-of-way lawfully existing on the effective date of this Code that are made nonconforming by virtue of enactment of this Code shall be allowed to continue, provided that:

1.

Any change or expansion of any use or structure shall only be permitted if the additional number of parking spaces required by such change or expansion is provided in accordance with Subsection 070.040.060, Off-Street Parking and Loading.

i.

Extended stay hotels previously categorized as another lodging use shall be exempted from this requirement when the footprint of the existing hotel building(s) does not change, the number of extended hotel stay rooms does not increase from the previous use, and where the building(s) is proximate to transit per Subsection 070.040.060(e)(7).

2.

Nonconforming parking areas shall not be expanded, except pursuant to Paragraph b. below.

b.

Upgrading Nonconforming Parking.

1.

Nonconforming off-street parking facilities shall be upgraded to comply with this Code's minimum parking space requirements when the following development activities occur:

i.

An addition to or expansion of one (1) or more structures that, over a two-year period, would increase the total gross floor area of the structures by more than fifty (50) percent; or

2.

Nonconforming off-street parking facilities shall be upgraded to comply with this Code's parking lot landscaping requirements pursuant to Paragraph (3) below.

(3)

Nonconforming Buffers, Landscaping, Screening, and Exterior Lighting. Nonconforming buffers, landscaping, screening elements, and exterior lighting shall be upgraded to comply with this Code's applicable standards for such features if the site containing the nonconforming site feature is proposed for any of the following development activities:

a.

A structural addition that increases the combined total gross floor area of all existing structures by more than five hundred (500) square feet or twenty (20) percent, whichever is less;

b.

Building elevation changes involving fifty (50) percent or more of the exterior walls of a roofed structure on the property within a two-year period, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;

c.

Any tenant change of a stand-alone nonresidential structure that also involves substantial building elevation changes as determined by the Director, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;

d.

Any tenant change of a nonresidential structure that is the anchor tenant of the property that also involves substantial building elevation changes as determined by the Director, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;

e.

Expansion of outdoor operations, storage, or display areas on a site containing nonconforming buffers or screening that increases the gross square footage of such areas by a certain percentage shall require upgrading to offset a corresponding percentage of the buffer or screening nonconformity.

(g)

Nonconforming Signs. Nonconforming signs shall comply with Subsection 070.040.110(m), Nonconforming Signs.

(h)

Illegal Nonconformities. An illegal nonconformity exists when:

(1)

A nonconforming structure is destroyed or substantially destroyed by an intentional act of the owner or an agent without a proper permit. If this occurs, the nonconforming structure shall lose its nonconforming status and thereafter shall be required to be in conformity with existing codes. If a nonconforming use was also in the structure, the nonconforming use and all site improvements shall lose their nonconforming status and be required thereafter to come into compliance with existing codes.

(2)

A use, structure, or site improvement occurs to a nonconformity without being lawfully authorized in accordance with the provisions of this Section. Such use and/or structure shall therefore cease all operations until such time that the required plans and/or permits are approved.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018; Ord. No. 16-2019, § 2(Exh. A), 9-5-2019; Ord. No. 21-2020, § 2, 9-17-2020; Ord. No. 3-2021, § 2(Exh. A), 5-20-2021; Ord. No. 18-2022, § 2(Exh. A), 7-21-2022)

(a)

Purpose. This Section 070.010.080 establishes procedures through which the City of Glenwood Springs seeks to ensure compliance with the provisions of this Code and obtain corrections for violations of this Code. This Section also sets forth the remedies and penalties that apply to violations of this Code.

(b)

Violations. Any person who violates any provision of this Code shall be deemed guilty of a Code violation punishable in accordance with Subsection 070.010.080(e). Each of the following activities constitutes a violation of this Code:

(1)

Activity Inconsistent with this Code. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this Code.

(2)

Activity Inconsistent with a Permit or Approval. Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this Code.

(3)

Illustrative Examples of Violations. Examples of violations of this Code include, but are not limited to:

a.

Increase of the density or intensity of any use of land or structure except in accordance with the requirements of this Code;

b.

Reduction or diminishment of lot area, setbacks, vegetative buffers, open space, or other standards below the minimum requirements set forth in this Code;

c.

Creation, expansion, replacement, or change of a nonconformity inconsistent with this Code;

d.

Failure to install, improve, or maintain any public or private improvements required by the terms of any permit or approval;

e.

Failure to abide by conditions of any approval or agreements executed in association with an approval; and

f.

Failure to comply with applicable requirements for a certificate of occupancy or building permit.

(c)

Continuing Violations. Any violation of this Code shall be considered a separate offense for each day during any portion of which any violation of this Code is continued past the date of the issuance of notice of violation, with each violation punishable in accordance with Subsection 070.010.080(e).

(d)

Enforcement Actions.

(1)

Responsibility for Enforcement. This Code shall be administered and enforced by the Director, Building Official, and City Engineer, or such other person as may be designated by the Director.

(2)

Investigation. Whenever the Director receives a written, signed complaint alleging a violation of this Code or a permit or approval issued under this Code, the Director shall investigate the complaint and inform the complainant in writing of his or her findings and any actions that have been, or will be taken.

(3)

Persons Liable. The owner, tenant, or occupant of any building or land, or any part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code or a permit or approval issued pursuant to this Code, may be held responsible for the violation and be subject to the penalties and remedies provided in this Section.

(4)

Procedures Upon Discovery of Violations.

a.

If the Director finds that any provision of this Code is being violated, the Director shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director's discretion.

b.

If the person responsible for the violation does not take action to correct the violation within thirty (30) days of the first notice, a final written notice shall be sent by certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable. The final written notice shall state the action the Director intends to take if the violation is not corrected and shall advise that the Director's decision or order may be appealed to the City Council, pursuant to Subsection 070.060.070(c).

c.

Following an appeal to the City Council for failure to file a timely appeal of a decision, or notwithstanding the foregoing, when a delay would seriously threaten the effective enforcement of the Code, or pose a danger to the public health, safety, and welfare, the Director may immediately issue an order for compliance by personal service, posting of the property, or certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable, and seek enforcement through the municipal court as authorized below.

(5)

Continuation of Prior Enforcement Actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations.

(e)

Penalties and Remedies. Unless otherwise provided in this Code, the Director, Building Official, or City Engineer, or such other person as may be designated by the Director, shall have the power to enforce this Code subject to the following penalties:

(1)

Fines. Any violation of this Code shall be subject to a fine of not more than one thousand dollars ($1,000.00). Each day's continuing violation shall be a separate and distinct offense. Notwithstanding any penalty provision of this Code or any fines adopted pursuant to this Code to the contrary, the penalty for any offense that also constitutes a violation of similar state law shall not exceed the penalty provided for by the applicable provisions in the Colorado Revised Statutes.

(2)

Deny, Withhold, or Revoke Entitlements.

a.

The issuing/approval authority shall have the power to deny, withhold, or revoke permits for violation of this Code or violations of any conditions of approval.

b.

The issuing/approval authority shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power to deny, withhold, or revoke the permit issued to the violator, to require the violator to take corrective measures, or to direct employees or agents of the City to enter onto the premises and to take the corrective measures required by the authority, the cost to be borne by the violator. If the issuing/approval authority is the Director, then the hearing shall be held at the Planning Commission.

c.

Any entitlement or other form of authorization may be denied, withheld, or revoked after notice and a hearing, when the Director determines that:

1.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement;

2.

The entitlement was established by false representation;

3.

The entitlement was issued in error; or

4.

There is any other violation of this Code.

(3)

Stop-Work Orders.

a.

The Director, Building Official, or City Engineer may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property.

b.

The Director, Building Official, or City Engineer may issue a stop-work order on any property with an uncorrected violation of this Code or approval issued under this Code.

c.

A stop-work order shall be in writing and directed to the person doing the work, and shall specify the provision of this Code or other law in violation.

d.

If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order.

e.

Once conditions cited in the stop-work order have been adequately addressed, the Director, Building Official, or City Engineer shall rescind the stop-work order.

(f)

Continuation of Prior Enforcement Actions. Nothing in this Section shall be construed to prevent the City from pursuing any other remedies it may have for violations of this Code.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018; Ord. No. 9-2019, § 4, 7-18-2019; Ord. No. 6-2025, § 2(Exh. A), 3-6-2025)