Approvals or permits are required for development in the city unless specifically exempted by this Code. Most of the procedures for required review and procedures are described in this division. Approval criteria for each application referenced in this chapter is found in the specific chapter for that application.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Administrative approvals and permits are issued by the director upon a finding of compliance with the requirements of this Code. No public hearing is required.

(2)

Administrative approvals and permits established. The administrative approvals and permits that are required by this Code are set out in table 18.10.020.1, Administrative Approvals and Permits. These approvals and permits are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

(a)

State or federal law, including, but not limited to, the Clean Water Act, the Clean Air Act, or the Endangered Species Act;

(b)

Adopted building and safety codes;

(c)

Ordinances that require permits for activities on public land or within public rights-of-way; or

(d)

Business licensing ordinances.

Table 18.10.020.1, Administrative Approvals and Permits

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Discretionary approvals are issued by the city after compliance with all applicable requirements of this Code is demonstrated to the respective decision-maker(s) at a public meeting or public hearing.

(2)

Discretionary approvals established. The discretionary approvals that are required by this Code are set out in table 18.10.030.1, Discretionary Approvals and Permits. These approvals are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

(a)

State or federal law, including, but not limited to, the Clean Water Act, Clean Air Act, and the Endangered Species Act;

(b)

Further administrative permits (e.g., site development plans or final plats);

(c)

Adopted building codes;

(d)

Ordinances that require permits for activities in public the rights-of-way; or

(e)

Business licensing ordinances.

Table 18.10.030.1, Discretionary Approvals and Permits

Table Key: CC = City Council; HPB = Historic Preservation Board; PC = Planning Commission; ord = by Ordinance; res = by Resolution; mot = by Motion; sr = by Staff Report

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. The standard development review process of this division applies to all applications for approvals or permits that are set out in section 18.10.010, permits and approvals.

(2)

Fast-track review/"123 Affordable Housing Go!". The "123 Affordable Housing Go!" program is hereby established as an expedited review and decision process that is intended to implement Proposition 123 (C.R.S. § 29-32-101, et seq.) regarding qualifying affordable housing applications only. 123 Affordable Housing Go! provides a process for an application to receive a final decision, either administrative or discretionary, within 90 days of receipt of a complete application plus any allowed extensions per C.R.S. § 29-32-101, et seq. Applicants that seek approval of qualifying affordable housing projects may opt out of 123 Affordable Housing Go! at any time by written notice to the director.

(3)

Process.

(a)

Table 18.10.040.1, Standardized Development Review and Approval Procedures, lists the applicable review and approval steps for each type of review contemplated by this Code. The approval procedures set out in sections 18.10.040.3. to 18.10.040.16., inclusive, are undertaken in sequence until an application is considered and decided by the designated decision-maker for the type of application at issue.

(b)

Figure 18.10.040.1, Standardized Development Review and Approval Procedures Flowchart, illustrates the flow of application processing.

Table 18.10.040.1, Standardized Development Review and Approval Procedures

Table Key: The table's left-hand column header describes a process step in the development review and approval process. Each column header to the right of the process step reflects the process that may be applied during the review and approval of the specified application.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Where required by table 18.10.040.1 or required at the discretion of the director for an administrative approval, a pre-application meeting with the department shall be requested by interested parties to facilitate dialogue between the city staff and the requestor regarding the proposed development plan and application process(es), and potential requirements based on the conceptual plan.

(2)

Pre-application submittals. At the time of a request for a pre-application meeting, the applicant is encouraged to submit a site analysis and concept plan of the proposed development indicating the following items:

(a)

A concept description with site analysis which should include site context, and physical and visual conditions, location and size of existing structures, vegetation, public streets and access, and other information that may be relevant.

(b)

A concept plan which shows property boundaries, existing streets abutting the site, drainage channels, adjacent land uses, existing and proposed structures, parking and access areas, and landscape features.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Ex parte communications are communications between applicants or others (including, but not limited to, city residents) and planning commissioners, historic preservation board members, or city council members about the merits of a pending application outside of a noticed public hearing at which the application will be heard or in which an administrative appeal may be heard. It is the policy and practice of the city to decide applications and appeals only on the merits presented in the application or petition for appeal, in on-record public comments, and during testimony at public hearings (if public hearings are required). Ex parte communications are not allowed.

(2)

Timing. The prohibition on ex parte communications begins on the date that an application that is subject to review by city council and appointed boards, commissions and authorities is filed pursuant to the requirements of this Code, and ends when the appeal period for the decision on that application has expired.

(3)

Inadvertent communications. It is not always possible to prevent ex parte communications. The planning commissioners, historic preservation board members, and city council members shall not privately discuss the merits of a pending application or appeal. If a communication is received outside of the record (e.g., it is not in the application, agency comments, or public comments, nor was it presented at a noticed public hearing), then the commissioner or member shall disclose the communication, including the speaker and the substance of the communication, on the record of the public hearing before the application is heard. The decision-maker or recommending body must base its decision only on the evidence presented on the record. The contents of the ex parte communication shall not be considered part of the record for decisionmaking unless the information in the communication is also presented at the hearing (other than through the required disclosure).

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Unless waived or deferred by the director, prior to submitting an application that is subject to a neighborhood meeting requirement (see table 18.10.040.1, standardized development review and approval procedures), the potential applicant shall attend a neighborhood meeting to meet with residents and owners of property in the vicinity of the subject property.

(2)

Scheduling and fees. Upon the submittal of a nonrefundable pre-application fee, as set by the city council, to be applied toward the application fee if the applicant continues with the request, the department shall schedule the neighborhood meeting, and then provide the following types of notice pursuant to section 18.10.040.11, public notice:

(a)

Extended mail notice pursuant to section 18.10.040.11.(3)(c);

(b)

Posted notice pursuant to section 18.10.040.11.(4); and

(c)

Electronic published notice pursuant to section 18.10.040.11.(5).

(3)

If a neighborhood meeting is required, the applicant shall include a written meeting summary of the discussion that occurred at the neighborhood meeting with the formal application. At a minimum, the neighborhood meeting summary shall include the following information:

(a)

A summary of topics discussed by the applicant and concerns, issues, and problems expressed by participants; and

(b)

A summary of how the applicant has addressed identified issues and a summary of the issues that will not be addressed, including the applicant's reasoning regarding why those issues cannot or should not be addressed.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. The director is authorized to establish application methods and submittal requirements for all applications under this Code, and to update and amend such methods and requirements as necessary to ensure effective and efficient review. The director also shall have the authority to request additional information from an applicant when necessary to thoroughly evaluate an application for compliance with this Code.

(2)

Waiver of application materials. The director may waive specific application requirements:

(a)

To tailor the requirements to the information necessary to review a particular application; or

(b)

In instances where the director finds that the projected size, complexity, anticipated impacts, or scope of a proposal creates a negligible risk of error in the absence of the information such that the additional information is not warranted.

(3)

Complete application required. All applications shall be complete before any substantive review of the application will begin. An application is complete when the director finds that it is submitted in the required form, the application fee has been paid (see section 18.10.040.5, application fees and escrows), and all submittal requirements and additional information requested by the director have been provided.

(4)

Eligible applicants. Applications may be filed by the owner of record of the subject property or, upon proof of owner consent, the purchaser under a contract to acquire the property, a tenant of the property, or a duly authorized agent of the owner of record.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Applications shall be accompanied by an application fee established by the city council.

(2)

Waiver for city-initiated applications. Application fees shall not be required for applications initiated by or at the direction of the city council, the planning commission, the historic preservation board, the director, or the director of another department or agency of the city.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. The director shall review all submitted applications for completeness. A complete application includes all the required materials, materials requested at the pre-application conference, any required professional certifications, and all fees and escrows that are required for application processing. Completeness review does not address the merits of the information presented. Instead, it is to ensure that the basic application requirements have been met.

(2)

123 Affordable Housing Go! Program applications. An application seeking to participate in the 123 Affordable Housing Go! Program shall include a signed affidavit stating the total number of proposed dwelling units, total number of affordable housing units, AMI levels, duration of affordability, mechanism to ensure affordability, and other information the applicant deems relevant to demonstrate that the application qualifies. The director shall determine whether the application qualifies for such participation during the completeness review phrase.

(a)

If the director determines that the application qualifies, then technical sufficiency review (see section 18.10.2.8) shall be completed in conjunction with the completeness review required by this section. An application that qualifies for participation in the 123 Affordable Housing Go! Program shall not be considered complete unless it is also technically sufficient.

(b)

If the director determines that the application does not qualify, the director shall notify the applicant regarding the director's determination and the reasons therefor.

(3)

Schedule. Generally, all applications shall be reviewed for completeness within seven calendar days after an application is submitted.

(4)

Incomplete applications.

(a)

Incomplete applications will not be processed. Such applications will be held, and the director shall provide the applicant with a written summary that describes in general terms the materials that must be submitted to complete the application.

(b)

An application that does not include payment of the applicable fees shall not be considered complete.

(c)

The city may terminate an incomplete application and return any fees as appropriate and applicable if the materials that are required to complete the application are not submitted within 60 days after the date of the written summary described in subsection (4)(a), above.

(5)

Complete applications.

(a)

Upon a determination that an application is complete, the director shall notify the applicant in writing that the application has been determined and accepted as complete.

(b)

For the purposes of calculating time periods under the 123 Affordable Housing Go! program and the administrative fast-track program, the date the director determines in writing that the application is complete and technically sufficient shall be the date of submittal of the complete application.

(c)

Complete applications shall be processed according to the applicable procedures of this Code.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. All applications shall be technically sufficient for review, meaning that:

(a)

The application materials are internally consistent and are presented as required by this Code and the applicable application forms and formats.

(b)

Materials are prepared by qualified professionals (where such qualifications are required), and signatures and certifications are present, if required.

(c)

The application materials are technically sufficient (e.g., legal descriptions and calls and distances on surveys describe closed polygons within acceptable tolerances, calculations that are provided are performed according to the methodologies set out in this Code, etc.) to demonstrate compliance with applicable standards of this Code.

(2)

Insufficient applications. An application is technically insufficient if it does not meet the standards of subsection (1), above. If an application is determined to be insufficient, the director shall notify the applicant and provide a written explanation regarding the materials that must be submitted, or revisions that must be made, in order to continue processing the application.

(3)

Sufficient applications. Technically sufficient applications shall be processed according to the applicable standards and procedures of this Code.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Applications may be referred for additional review by departments,entities, or agencies (including but not limited to other city departments, state or federal agencies, local government jurisdictions, ditch companies, land management entities, utilities, special districts, and other entities or organizations that have been designated by city council ordinance or resolution to receive referrals, and collectively, "referral agencies"), or by consultants, according to the procedures set out in this section.

(2)

Inter-jurisdictional referrals.

(a)

As part of the review process, the city may seek review and comment by referral agencies that have expertise in the subject matter impacted by the application, that have jurisdiction over one or more aspects of the proposed development, or whose operations will likely be affected by the proposed development. Referral agency comments are advisory in nature.

(b)

The director may refer an application to a referral agency that the director determines is likely to be materially affected by the application, or whose input would assist the director in determining compliance with this Code. The director's determination regarding such referrals is not appealable.

(c)

The director shall refer applications as required by law.

(3)

Referral period.

(a)

The agency referral period is 21 calendar days, which can be extended by up to 30 additional days by mutual consent of the applicant and the director.

(b)

For projects in the 123 Affordable Housing Go! program, the agency referral period is 14 days and can occur concurrently while an application is scheduled and noticed for public hearing.

(c)

Failure of a referral agency to respond within the prescribed time period (or extended period) is interpreted as consent by that agency to the contents of the application. However:

1.

Such consent does not waive the authority of agencies which have concurrent jurisdiction with the city; and

2.

Such consent is not implied if the applicant fails to pay the agency's required review fees.

(d)

Consultant review. Upon notice to the applicant, the director may refer the application to consultants selected by the city, to obtain technical review and recommendations. The cost of such referrals shall be borne by the applicant.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Upon determination that an application is complete and sufficient, the director shall cause the application to be reviewed for technical compliance with all applicable requirements of this Code, as follows:

(a)

Appropriate city staff or consultants shall review the application; and

(b)

As applicable, the application shall be promptly distributed for review and comment as provided in section 18.10.040.8, referrals.

(2)

Recommended revisions.

(a)

The director shall provide comments from city staff or consultants (collectively, "staff comments"). The staff comments shall provide input and address or include comments by referral agencies. The applicant shall revise and resubmit the application with appropriate changes based on staff comments, with responses to staff comments that did not result in changes to the application, and necessary requests or applications for adjustments or variances where the application cannot or will not meet the technical requirements of the code.

(b)

Considerations for 123 Affordable Housing Go! applications: The staff review shall start with the completeness and technical sufficiency review. For applications deemed complete and technically sufficient, staff review comments should be provided to the application within three days of the determination of completeness. The city may use its extension pursuant to C.R.S. 29-32-105 if Staff Review comments are substantive or an applicant response is not timely received such that an extension is appropriate and shall provide notice of the extension in writing.

(c)

Upon receipt of the re-submittal, the director may refer the application to referral agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments (or lack thereof) or require the agency's technical expertise for appropriate review.

(3)

Resubmittals; additional fees. A re-submittal fee established by city council shall be due upon a fourth submittal (third re-submittal after initial submittal) if:

(a)

The revisions substantially alter the application or are inappropriate or incomplete; or

(b)

The fourth round of review is required due to a repeated failure to address the same or substantially similar comments.

(4)

Administrative recommendation, decision, or referral. Promptly after determination that a complete and sufficient application addresses the comments and recommendations provided pursuant to subsection (2), above (or, after finding that no revisions will be required):

(a)

If the application is for an administrative approval or permit, then the director shall:

1.

Approve, approve with conditions, or deny the application, as appropriate; or

2.

Upon a determination that the development, as proposed, may have material impacts on neighboring properties or city resources that are unusual in kind or degree, or that there is material potential for disagreement regarding whether the application complies with the standards of this Code, the director may refer the application to the planning commission or historic preservation board for review and recommendation and city council for decision, as applicable, provided that such referral is authorized by this Code.

(b)

If the application is for a discretionary approval or permit, then the director shall make a recommendation regarding the application and forward the recommendation and the application materials and referral comments to the next body that will consider it for further recommendation or approval.

(5)

Meeting logistics.

(a)

If the application is for a discretionary approval or permit, then the director shall set the application on the agenda of the next body that will consider the application.

(b)

Generally, the application shall be heard during the next regular meeting of the recommending or decision-making body that meets the following three conditions:

1.

There is sufficient time to satisfy applicable public notice requirements;

2.

There is available room on the agenda; and

3.

The applicant is available to attend or has waived their right to attend the public hearing.

(c)

If the applicant proposes a qualifying affordable housing development and is participating in the 123 Affordable Housing Go! program, the application shall receive priority agenda placement on the first available agenda compared to other land use matters that are not in the 123 Affordable Housing Go! program. Non- 123 Affordable Housing Go! applications may be moved on an agenda or scheduled on a future agenda pending meeting capacity.

(d)

The director shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings. Said bodies are authorized to convene special meetings to hear applications as they determine appropriate. Applications that are proceeding under the 123 Affordable Housing Go! program shall receive consideration regarding special meetings to ensure timely processing and decision.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Applications under this Code shall be diligently pursued by the applicant. When an action by an applicant is required for further processing of an application, the application shall become void 180 days after the date the director provides notice of the required action if the applicant either fails to take the required action or fails to obtain an extension. The director may approve an extension of up to 180 additional days to take the required action, provided that the director receives a written request for the extension from the applicant prior to the date the application would otherwise be rendered void.

(2)

Considerations for 123 Affordable Housing Go! applications: An application in the 123 Affordable Housing Go! program that has not responded to completeness, technical sufficiency, or Staff Review comments will automatically be extended by 30 days subject to the applicable extension provisions of C.R.S. § 29-32-101, et seq. Continued non-responsiveness in addressing all review comments by the final decision deadline with all applicable extensions exhausted per C.R.S. § 2932-101, et seq. shall be automatically be deemed void, denied and administratively withdrawn by the director.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Public notice of public meetings and public hearings shall be given as set out in table 18.10.040.11, Required Notice. The failure to strictly comply with the requirements of this section shall not affect the validity of the affected proceeding.

(2)

Timing. Public notice shall be timed as set out in table 18.10.2.11, timing by notice type.

Table 18.10.040.11, Timing by Notice Type

(3)

Mail notice.

(a)

Generally. Mail notice shall be provided at the applicant's (or, for appeals, appellant's) expense in accordance with the minimum requirements of this subsection (3).

(b)

Lists. The department will prepare a mailing list of the owners and residents of real property, all or part of which is situated within the radius specified in subsection (c), below ("mailing radius"), extending from the boundaries of the property that is subject to the neighborhood meeting, review, or appeal procedure for which mail notice is required. The mailing list shall be derived from the records of the Jefferson County Assessor as of not more than 14 days before notice is mailed. Where mailing addresses for properties within the mailing radius are different from the property address, the list shall include the owner at the owner's address and "current resident" at the property address.

(c)

Mail radius. The mailing radius shall be:

1.

Two hundred and fifty feet for "standard mail notice;" and

2.

Seven hundred and fifty feet for "extended mail notice."

(d)

Contents. Mail notices shall set out:

1.

The address or, if the property is not addressed, the description of the property that is the subject of the neighborhood meeting, public hearing, or appeal;

2.

The name of the applicant;

3.

A statement as to type of proceeding noticed (e.g., neighborhood meeting, public hearing, or appeal), and a short statement regarding the nature of the proceedings;

4.

The date, time, and location of the neighborhood meeting or public hearing;

5.

A statement that interested persons may obtain additional information from the department; and

6.

Contact information for the department;

7.

A URL and/or QR code that links to the city's web site where additional information may be obtained.

(e)

Method. Mail notices shall be sent by the department via first-class mail at the applicant's expense, which may be incorporated into the application fee.

(4)

Posted notice.

(a)

Generally. Posted notice shall be provided at the applicant's (or, for appeals, appellant's) expense (which may be incorporated into the application fee) in accordance with the minimum requirements of this subsection (4).

(b)

Sign dimensions and locations.

1.

Signs shall have dimensions approved by the director that are suitable for visibility given the context of the property that is the subject of the notice.

2.

Not less than one sign shall be posted. For properties that have more than 300 feet of street frontage, signs shall be posted along street-facing property lines at intervals of not less than 300 feet.

3.

Limited access highways shall not be counted as street frontages for the purposes of this section 18.10.030.

4.

All posted notices shall remain in place until the neighborhood meeting, hearing, or appeal to which they relate occurs. There shall be a good-faith effort to maintain posted notice continuously through the meeting, hearing, or appeal and removal or damage of posted notices due to weather or human driven events shall be replaced in a timely manner, but shall not nullify that the posted notice requirement has been met.

(c)

Contents. Posted notice shall set out:

1.

The address or, if the property is not addressed, the description of the property that is the subject of the neighborhood meeting, public hearing, or appeal, including a simple location map;

2.

The name of the applicant;

3.

A statement as to type of proceeding noticed (e.g., neighborhood meeting, public hearing, or appeal), and a brief summary of the nature of the proceedings;

4.

The date, time, and location of the neighborhood meeting or public hearing that is the subject of the notice;

5.

A statement that interested persons may obtain additional information from the department;

6.

Contact information for the department; and

7.

A URL and/or QR code that links to the city's web site where additional information may be obtained.

(5)

Electronic published notice.

(a)

Generally. The department shall provide electronic published notice in accordance with the minimum requirements of this subsection (5).

1.

All electronic published notices shall remain in place continuously until the neighborhood meeting, hearing, or appeal to which they relate occurs.

(b)

Contents. Electronic published notice shall set out:

1.

The address or, if the property is not addressed, the description of the property that is the subject of the neighborhood meeting, public hearing, or appeal;

2.

The name of the applicant;

3.

A statement as to type of proceeding noticed (e.g., neighborhood meeting, public hearing, or appeal), a short statement regarding the nature of the proceedings, and a hyperlink to any application materials that are available on the city's website;

4.

The date, time, and location of the neighborhood meeting, application, or appeal that is the subject of the notice;

5.

A statement that interested persons may obtain additional information from the department; and

6.

Contact information for the department.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

Public meetings and public hearings shall be carried out in accordance with the procedural rules of the body conducting the meeting or hearing.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Continuances. Requests for continuance by the applicant of any proceeding called for in this Code may be granted at the discretion of the body holding the public meeting or public hearing. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding, including costs of providing public notice, if any.

(2)

Withdrawal. An application may be withdrawn by an applicant at any time before the public hearing on the application commences, or for applications that are reviewed administratively, before the decision on the application is transmitted to the applicant. To reinitiate review, the applicant shall resubmit the application, which in all respects shall be treated as a new application.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. It is the policy of the city not to hear successive applications for the same approval or permit after a substantially similar application is denied. The limitations of this section prevent the consideration of successive applications.

(2)

Time required between substantially similar applications. If an application for a permit or approval is denied, a substantially similar application will not be accepted for:

(a)

Six months from the date of denial in the case of administrative permits; and

(b)

Twelve months from the date of denial for all other permits or approvals.

(3)

Exceptions to successive application restrictions. The director may allow exceptions to this section if there has been a material change of circumstances that justifies consideration of a substantially similar application. By way of example and not limitation:

(a)

If a spacing requirement was the reason for the denial, and the use from which spacing is required moved away; or

(b)

If a subsequent amendment to this Code was adopted in the interim that allows for approval of the application.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Appealing a decision of the director (division) or planning commission that is made in the course of administration or enforcement of this title 18 or title 17, as provided therein, in circumstances where the correctness of the decision is a matter of dispute.

(2)

Applications for relief under this title shall be made in writing upon a form or forms approved by the director and accompanied by the application fee established by city council resolution. The application for appeal shall include the specific reasons that the petitioner alleges that the decision misapplies the regulations set out in this title 18. The director also shall have the authority to request additional information from an applicant when necessary to thoroughly evaluate an application under this title.

(3)

Appeals shall be filed with the director within 21 days after the final decision from which the appeal is taken.

(4)

Appeals may be filed by:

(a)

The applicant; or

(b)

With regard to special use permits, rezonings, public hearing variances, and major adjustments, any person who is entitled to mailed notice of the hearing that resulted in the decision appealed from.

(5)

Untimely applications for appeals shall not be accepted and shall be deemed summarily denied.

(6)

Upon a determination that an application for appeal is complete and timely filed, the director shall forward the application to:

(a)

The planning commission, for decisions of the director (department); or

(b)

The city council, for decisions of the planning commission.

(7)

Notice. The department shall provide notice of the appeal pursuant to chapter 7.10, public notice, in the same manner as notice was provided for the decision from which the appeal is taken.

(8)

Public meeting. The planning commission or city council, as applicable, shall hold a public meeting upon the appeal in order to determine whether the decision appealed from was based on a reasonable and (if the pertinent section of this title has been applied previously) consistent interpretation.

(9)

Decision. Upon hearing the appeal, the planning commission or the city council, as applicable, shall, based on the facts in the decision-making record alone, decide to uphold, reverse, or modify the decision from which the appeal is taken, as follows:

(a)

If the planning commission or city council finds that the decision under review was based on a reasonable and (as applicable) consistent interpretation, it shall affirm the decision.

(b)

If the planning commission or city council finds that the decision under review was based on an interpretation that is not reasonable or not consistent, then it shall reverse the decision or modify the decision as necessary to render it reasonable and consistent.

(c)

The planning commission or city council may instruct the director to reissue a modified decision that is consistent with its findings.

(10)

Reporting. The decision of the planning commission or city council, as applicable, shall be provided to the applicant by electronic mail (or first class mail if an electronic mail address for the applicant is unavailable to the city) and posted to the city's web site, and a copy of said decision shall also be placed in the case file and be of record with the department.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. The following permits and approvals shall be recorded in the public records of Jefferson County at the applicant's expense prior to the issuance of building permits that rely upon them:

(a)

Annexation agreements, maps, and ordinances;

(b)

Final subdivision plats;

(c)

Official development plans ("ODPs") and approved addenda to ODPs;

(d)

Ordinance approving an initial zoning or re-zoning;

(e)

Special use approvals;

(f)

Subdivision development agreements, annexation agreements, intergovernmental agreements, public improvements agreements, and reimbursement agreements; and

(g)

Variances.

(2)

Timing.

(a)

The applicant shall provide conforming approval documentation for execution by the city and recordation (with regard to a final subdivision plat, or official development plan, this shall include final recordable drawings in a form acceptable to the director) within 90 days after the public hearing at which the approval was granted (or, for administrative approvals, 90 days after the approval was granted in writing), or such other time as specifically authorized by the decision-maker at the time of approval.

(b)

Conforming approval documentation shall include:

1.

All required signatures with notary and professional stamps when applicable except those to be provided by the city; and

2.

All modifications that were required as conditions of approval.

(c)

Upon the failure of an applicant to timely submit conforming approval documentation, the director shall provide notice to the applicant to submit the required approval documentation within 30 days or request an extension, which the director may grant for good cause. If approval documentation has not been received by the deadline:

1.

For administrative approvals, the director may find that the submittal is untimely and void the approval; or

2.

For discretionary approvals the approval authority, by resolution, may find that the submittal is untimely and void the approval.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. It is the intent of the city that development approved pursuant to this Code be carried out in a timely manner pursuant to the specifications, terms, and conditions of approval; and that the steps within each approval process be carried out with diligence.

(2)

Effect of approval or permit.

(a)

Approval of an application means that the city consents to the particular use, plan, or other specific activity for which the approval was granted. Physical development of land may require a sequence of related (and increasingly detailed) approvals.

(b)

Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

(c)

Approvals and permits may be transferred to a subsequent owner of the property for which the approval or permit was issued, unless the approval or permit is specifically designated as non-transferable by condition of approval. Transferred permits shall continue to be valid for their full original terms, and the transferee may apply for an amendment to the approval or permit in the same manner as the original applicant.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Administrative approvals.

(a)

The administrative approvals described in table 18.10.1.2, administrative approvals and permits, shall lapse as follows, if a complete building permit application has not been submitted to the city with respect to same, or if no building permit is required, if the improvement is not constructed:

1.

After one year:

A.

Administrative variance;

B.

Minor adjustment;

C.

Sign permit.

2.

After two years:

A.

Site development plan ("SDP");

B.

Form zone site development plan ("SDP-FZ").

(b)

Lot line adjustments, minor subdivisions, and administrative PUD amendments do not lapse.

(c)

The terms of temporary lodging licenses are set out in section 18.22.050.

(2)

Discretionary approvals.

(a)

Discretionary approvals will lapse and be of no further force or effect if a complete application for the next stage of approval is not filed before the deadline set out in this subsection.

1.

One-year from date of approval:

A.

Public hearing variance;

B.

Major adjustment;

C.

Certificate of appropriateness.

2.

Two-years from the date of approval, or as provided in the approval resolution:

A.

Preliminary subdivision plat, unless a phasing plan and schedule for final platting is approved with the preliminary plat.

3.

Five-years from the date of approval, or as provided in the approval resolution:

A.

Special use permit.

B.

Approved applications as part of the 123 Affordable Housing Go! process or qualifying affordable housing applications.

(b)

Final subdivision plats, initial zonings or rezonings, community landmark designations, historic preservation designations, minor PUD/ODP amendments, new PUDs/ODPs, major PUD/ODP amendments, abandonments of easements or rights-of-way, text amendments to this Code, and decisions on administrative appeals do not lapse.

(3)

Subdivision development agreements. A subdivision development agreement is valid for the term set out in the development agreement.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. The term of permits and approvals may be extended by written request according to the standards and procedures of this section.

(2)

Timing of application for extension. Expired permits and approvals cannot be extended. Written requests for extensions shall be received by the director not later than 30 days prior to the expiration of the permit or approval. Untimely requests for extensions will not be granted unless it is demonstrated that extraordinary circumstances, as determined by the director to justify the request.

(3)

Administrative extensions. Unless otherwise provided in the permit or approval, the director may grant one extension of any permit or approval for a period not to exceed the original term or 18 months, whichever is shorter. Such extensions may be granted upon timely written request with good cause shown. The director decision to grant an extension or not cannot be appealed.

(4)

Extensions after hearing.

(a)

Unless otherwise provided in the permit or approval, a public hearing is required for:

1.

Extensions for terms that are longer than those that can be granted by the director pursuant to subsection (3), above; and

2.

Second (and subsequent) extensions.

(b)

Extensions of discretionary permits and approvals pursuant to this subsection shall be heard by the decision-making body that granted the original approval. Extensions of administrative permits and approvals pursuant to this subsection shall be heard by the planning commission.

(c)

Extensions may be granted after hearing if it is demonstrated that:

1.

There is good and reasonable cause for the request; and

2.

The applicant has provided reasonable assurances that it will perform (or cause to be performed) the work authorized by the permit or approval within the extended term.

(5)

Extensions pursuant to approved terms. If a method of extension is provided within a permit, approval, or a related development agreement, then such method of extension shall supersede this section (except subsection (7), below) with respect to said permit or approval.

(6)

Effect of appeals, litigation, or mediation.

(a)

If, during the term of the permit or approval granted by the city, an appeal, litigation, or mediation is brought against the city with regard to the correctness or validity of said permit or approval, and that appeal, litigation, or mediation limits the applicant's ability to use or develop land pursuant to the permit or approval, then the term of the permit or approval shall be tolled for the duration of the appeal, litigation, or mediation, and the date shall be recalculated upon conclusion of the appeal, litigation, or mediation.

(b)

The new expiration date shall be established by adding the number of days that the permit or approval would have remained valid before the appeal, litigation, or mediation commenced to the date the appeal, litigation, or mediation was concluded by:

1.

The expiration of the subsequent appeal period after final judgment or order in the initial appeal or litigation, or, if no appeal is available, after issuance of the final judgment or order; or

2.

The termination of mediation by resolution of the conflict or impasse.

(c)

This subsection does not apply to:

1.

Litigation brought by the city to enforce this Code or a condition of approval, or to terminate, rescind, or invalidate an approval as provided herein or by other applicable law; and

2.

Litigation that does not involve the city as a party.

(7)

General extensions for extraordinary circumstances. The city council may, by resolution, extend the term of all permits and approvals city-wide or in designated areas of the city in response to extraordinary circumstances, such as flood, wildfire, tornado, pandemic, or other natural or man-made disaster which makes it temporarily infeasible to commence or continue with construction. The period of such extensions shall be determined by the city council.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)

(1)

Generally. Permits and approvals may be corrected pursuant to this section.

(2)

Correction of recorded final subdivision plats. If it is discovered that there is a minor survey or drafting error in a recorded final subdivision plat, a request, in writing, to record a corrected subdivision plat shall be submitted to the director. The request shall be accompanied with an affidavit witnessed by a professional land surveyor. The surveyor witnessing this corrected plat shall be an impartial observer having no personal interest in the platted land. The director shall thereupon record the corrected plat at the applicant's expense.

(3)

Correction of scrivener's errors. Development approvals other than final plats may be corrected by the director or upon application to the director as follows:

(a)

Generally. The director may approve an application to reform a scrivener's error in a development approval, including an error in an application or notice, which error causes the permit or approval to inaccurately reflect the decision-maker's intent, and where it is demonstrated that:

1.

The correction does not include a change of judgment, policy, or prior intent of the decision-maker;

2.

The reformation of the permit or approval is essential to ensure that the documentation reflects the intent and decision of the decision-maker;

3.

The record, including, but not limited to, the staff recommendation, minutes, and motion, evidences the clear intent of the decision-maker;

4.

The substance of the decision was clearly evident at the time of the decision, and there was no intent to deceive the public or the decision-maker on the part of the current applicant at any time;

5.

Failure to approve the reformation would lead to an unjust result;

6.

The error in the development approval did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and

7.

Any errors related to public notice did not affect the legal sufficiency of the required notice.

(b)

Correction within 30 days. In the alternative to the procedure set out in subsection (3)(a), the director, within 30 days after the decision on an application for development approval, may correct a clerical or scrivener's error in the development approval if:

1.

The error is not related to public notice;

2.

The error causes the approval, as written, to inaccurately reflect the clear decision of the decision-maker; and

3.

The director promptly notifies the applicant and the decisionmaker regarding the corrections.

(4)

Effect of correction on original approval. A permit or approval that is modified pursuant to this section shall relate back to the date of the corrected approval, such that the effective date of the corrected language shall be deemed to be the same as the effective date of the original approval.

(Ord. No. 2252, § 2(Exh. A), 1-28-2025)