The following principles shall be used in interpreting this title:

(1)

The provisions of this title shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare. This title shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(2)

This title is not intended to interfere or conflict with, abrogate, or annul any other regulation, ordinance, statute, or provision of law.

(3)

Whenever a provision of this title and a provision of any other law, ordinance, resolution, rule, or regulation of any kind, including any other provision of this title, contain restrictions covering the same subject matter, the more restrictive shall govern.

(4)

The foregoing principles notwithstanding, the city council directs those city officials responsible for enforcement of this title to utilize a reasonable common sense approach to the interpretation and application of the specific provisions of this title. To this end, city officials charged with the responsibility for enforcement and administration of provisions of this title shall be entitled to utilize discretion in waiving specific application requirements, provided that such discretion shall be exercised in a manner to preserve the purposes and intention of this title and to not jeopardize the health, safety or general welfare of the public. When exercising discretion to waive or modify any specific application requirements, said city official shall consider:

(a)

The scope and nature of the proposed project.

(b)

The impact of the project on the properties in the general vicinity of the project.

(c)

The impact of the project on municipal facilities and services, including without limitation, streets, water, sewer, drainage, police, and fire protection services.

(d)

Whether the information contained in a requirement sought to be waived is reasonably and readily available from other materials submitted in conjunction with the application.

Strict enforcement of each provision of this title shall not be required, but the city official charged with enforcement of this title shall be entitled to utilize the legal principal of prosecutorial discretion.

(Ord. 1517, § 2, 2000; Ord. 682, § 2, 1973)

Should any section, clause or provision of this title be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this title as a whole, or any part thereof other than the part so declared to be invalid.

(Ord. 682, § 2, 1973)

It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the city without obtaining a building permit from the city building official or his authorized representative, and no permit shall be issued unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to the zoning regulations then in effect. For all building permits required, a fee to be set by the city council shall be charged by the city, except that all construction with a total cost of less than $100.00 shall be exempt from paying a building permit fee. For all signs permitted under chapter 18.32, a fee to be set by the city council shall be charged by the city.

(Ord. 682, § 2, 1973)

It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this title, or any amendment thereof. Any person, firm or corporation, either as owner, lessee, occupant or otherwise, who violates or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this title, is guilty of a misdemeanor.

(Ord. 682, § 2, 1973)

In case any building or structure is, or proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is used or proposed to be used, in violation of any provision of this title, or any amendment thereof, the city may initiate civil proceedings, including injunction, mandamus, abatement, declaratory judgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful erection, construction, reconstruction, alteration, maintenance or use. Civil remedies available to the city as provided for under this section are not exclusive and shall not preclude prosecution by the city for criminal violations under the provisions of this title.

The enforcement of the provisions of this title shall be vested solely with the city, acting through its director of community and economic development. No party other than the city shall have standing to commence or continue a proceeding to enforce the provisions of this title as against any other property owner, or to enforce a judgment obtained in any such proceeding previously commenced under any prior version of this section 18.08.050. Any proceeding previously initiated by any resident or property owner shall be dismissed unless such dismissal would impair an obligation of contract or a vested right. The prohibition contained in this section shall not prohibit any person or entity otherwise entitled to seek judicial review of any final quasi-judicial decision of the city pursuant to Colorado Rule of Civil Procedure 106(a)(4) from pursuing such review.

(Ord. 1663, 2004; Ord. 1517, § 2, 2000; Ord. 682, § 2, 1973)

(1)

Purpose. In certain circumstances, the application of generally applicable provisions of Title 13, Title 15, Title 17 and Title 18 of the Golden Municipal Code to a particular property or land use has the potential to inadvertently violate rights granted to a landowner under the United States Constitution, the Religious Land Use and Institutional Persons Act, 42 U.S.C. § 2000cc, et seq. ("RLUIPA"), 42 U.S.C. 1983, and other federal statutes existing now or hereafter enacted ("Federal Rights"). Under the current jurisprudence regarding federal rights, courts often apply an ad hoc, case-by-case analysis to determine whether an action by a local government violates a particular federal right. The inherent uncertainty of such an approach by the courts subjects the city to potential liability arising from the inadvertent violation of a landowner's federal right, and to the costs of litigation, which include attorneys' fees and loss of time by city personnel who must devote attention to the lawsuit as opposed to their usual tasks. Even when the city is successful in defending a lawsuit, the costs of litigation are a substantial burden upon the financial resources of the city and its personnel resources. A process in which a property holder who believes that application of a provision of title 13, title 15, title 17 or title 18 to his or her property or land use violates a federal right may apply to city council for, and receive an exemption from, any such provision is necessary to protect the health, safety and welfare of the community.

(2)

Definitions. As used in this section, the following terms shall have the following meanings:

(a)

Director means the director of community and economic development.

(b)

Federal right means any right granted to a property holder under the United States Constitution or any federal statute, whether currently existing or hereafter enacted, including, without limitation, the Religious Land Use and Institutional Persons Act, 42 U.S.C. § 2000cc, et seq. ("RLUIPA"), and 42 U.S.C. 1983.

(c)

Property holder means any person, persons or entity owning or holding an ownership or possessory interest in real property within the City of Golden, Colorado.

(3)

Applications. Any property holder within the city who believes that the application of one or more provisions of title 13, title 15, title 17 or title 18 of the Golden Municipal Code as applied to the property holder's property interest or current or proposed land use will violate one or more the property holder's federal rights may apply for an exemption from the provision or provisions in question by submitting an application for an exemption on a form provided by the department planning and development, together with a typed list of the owners of record for any property located within 300 feet of the exterior boundaries of the property for which the exemption is requested. The application shall identify the property and/or land use for which the exemption is sought, the provisions of the Golden Municipal Code from which an exemption is sought, the federal right at issue, and a brief explanation of why the applicant believes that application of such provisions would violate the property holder's federal right. If the application contains a request for an exemption from any provision of title 15, the director, after consultation with the building official and before scheduling a public hearing on the application, may require the applicant to submit such engineering plans, studies or inspection reports as may be reasonably necessary to demonstrate compliance with the standards set forth in subsection (7) below. A property holder may seek an exemption that operates in a prospective manner, a retroactive manner, or both.

(4)

Stay of enforcement. An application for a retroactive exemption from a provision of the Golden Municipal Code of which the property holder is currently in violation may be accompanied by a requested stay of enforcement of any provisions that have been violated until such time as city council has the opportunity to act upon the application. The director, after consultation with the city attorney, shall grant such a stay upon a determination that the requested stay does not pose an imminent danger to the health and safety of persons or an imminent danger of damage to property and the asserted violation of a federal right is not frivolous, groundless or interposed solely for the purpose of delay.

(5)

Procedure. After receipt of an application, the community and economic development department shall notify by first class mail the owners of property located within 300 feet of the exterior property lines of the property to which the proposed exemption would apply that an application for exemption has been filed and that they may review the application during the community and economic development department's regular hours. This notice will contain the date, time and location of the city council hearing, and will be mailed at least 12 days prior to the hearing. If an application requests an exemption from any provision of title 15, the application shall be forwarded to the building official for review.

(6)

Standards for exemptions. In considering whether to grant an exemption, city council shall consider the following factors:

(a)

The nature of the asserted federal right;

(b)

The degree of uncertainty existing in the case law construing the asserted federal right;

(c)

Any unusual factors concerning the applicant or the property for which the exemption is sought which increase the risk that the application of a generally applicable provision of the Golden Municipal Code might inadvertently violate a federal right in the particular circumstances presented by the application;

(d)

The governmental purpose and interest served by the provisions of the Golden Municipal Code from which an exemption is sought, and whether such purpose and interest could be accomplished in any other manner;

(e)

Whether granting the requested exemption would create a hardship on others;

(f)

The potential cost of litigation over the asserted federal right;

(g)

Other demands upon the financial resources and personnel of the city; and

(h)

Whether any conditions should be imposed in connection with an exemption to protect the health, safety and welfare of the community.

(7)

Exemptions from title 15. No exemption from a provision of title 15 shall be granted unless the building official has determined, based upon a review of the engineering plans, studies and inspection reports submitted with the application, that the exemption will not threaten the structural integrity of any building or create a risk to the health and safety of the occupants of the building.

(8)

Exemptions from title 18, use provisions. No exemption from a provision of title 18 shall be granted which would authorize a use that is not either a use permitted by right, an accessory use or a use which could be permitted subject to approval of a special use permit in the zone district in which the property for which the exemption is requested is located. Any exemption granted for a use that could be permitted subject to approval of a special use permit shall have the same force and effect as a special use permit for the property and shall exempt the property from the requirements of chapter 18.30 of the Golden Municipal Code.

(9)

Exemptions from certain provisions of title 18, provisions. Any exemption granted under this section from any lot, block, setback, parking, sign area or height, or building area or height requirements of title 18 shall have the same force and effect as a variance granted pursuant to chapter 18.12 of the Golden Municipal Code and shall exempt the property from the requirements of chapter 18.12 of the Golden Municipal Code.

(10)

Hearing. City council shall hold a public hearing upon an application for an exemption pursuant to this section. Notice of such public hearing shall be published once in a newspaper of general circulation within the city at least 12 days prior to the hearing. In addition, the site in question shall be continuously posted with a sign for a period beginning not less than 12 days prior to the date of the hearing, said posting to be performed by the community and economic development department. The sign and posting shall be in conformity with the posting utilized in zoning amendment public hearings. Upon the conclusion of the public hearing, city council shall approve, approve with conditions, or deny the requested exemption.

(11)

Invalidity of federal right. One of the purposes of this section is to protect the city from cost, burden and risk of litigation over federal rights. Therefore, city council shall not be required to determine whether the applicant would ultimately prevail in any assertion of the federal right in a judicial proceeding in order to grant an exemption under this section, but city council shall not grant an exemption if the asserted federal right is substantially frivolous or groundless at the time the application is made. In making its decision with respect to whether the asserted federal right is substantially frivolous or groundless, city council may rely upon advice from the city attorney or may require the applicant to provide a legal opinion from an attorney admitted to practice law in the State of Colorado. The validity of any exemption granted shall not depend upon whether the applicant would ultimately prevail in any assertion of the federal right in a judicial proceeding. No exemption granted hereunder shall be rendered invalid due to the subsequent amendment or repeal of the constitutional or statutory provision giving rise to the asserted federal right, or by any subsequent judicial decision which had it been decided prior to the time of the hearing might have affected the evaluation of the federal right in question.

(12)

Judicial review. In order to assure a plain, simple and prompt judicial remedy to persons or parties adversely affected or aggrieved by a city action under this section, the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure shall apply to judicial review of any action hereunder.

(13)

Retroactive application. This section shall apply both prospectively and retroactively, and any property holder may apply for an exemption from provisions of the Golden Municipal Code with respect to any past violation. No exemption granted hereunder shall be effective to relief the property holder of any obligation of contract or to impair any vested right held by another person or entity.

(Ord. 1664, 2004)

(a)

For applications required pursuant to title 18 of this Code, or for applications or filings related to any special district, metropolitan district, or other quasi-governmental entity that will be involved in the financing of project-related infrastructure or other qualified on-site or off-site improvements, the city will charge applicants reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters, and the cost of professional consultants, including, but not limited to, legal review, required to assist the city with review and processing of such applications. All fees imposed by this section shall include application fees.

(b)

If the city determines that an application will require review by professional consultants, the applicant shall execute an escrow agreement in a form approved by the city attorney and make an initial escrow payment in an amount sufficient to cover the estimated review costs, as set forth in the fee schedule adopted by the city council. The city may draw upon the escrow, in the city's discretion, to pay the fees and expenses of professional consultants retained by the city to review the application. The city may require additional escrow funds to be paid for additional services related to the application if they become necessary. If the applicant does not pay additional escrow funds as required within ten days after written notice from the city, then, in addition to other remedies the city may have, the city shall be entitled to a lien on the subject property or the city may elect to certify the assessed costs and expenses to the office of the county treasurer for collection in the same manner as general property taxes are collected. Such liens shall be perfected and may be foreclosed upon in accordance with applicable state laws.

(c)

Failure of the applicant to provide additional escrow funds in a timely manner may result in delays in application processing. If a balance is due at the time an application is approved, it shall be paid by the applicant as a condition of approval. If a balance is due at the time an application is denied, it shall be paid by the applicant within 30 days after delivery of an invoice to the applicant.

(Ord. No. 2210, 6-6-2023; Ord. No. 2180, § 4, 5-10-2022)