(a)

Intent. The intent of this Division is to list the different types of development applications which are subject to the review procedures set forth in Division 2 of this Article.

(b)

Applicability. This Division shall apply to applications for annexation, Comprehensive Plan amendments, rezoning, MDP, SDP, PUD, SUP, PSP, landscaping plan amendments, variances, appeals, major subdivisions, minor subdivisions, preliminary plats, final plats, vacations of public rights-of-way or easements and exceptions to the subdivision regulations.

(c)

Treatment of Historical Plans.

(1)

PUDs shall only apply to residential properties. Commercial PUDs existing as of the date of this ordinance shall be processed as SDPs pursuant to this Chapter;

(2)

FDPs existing as of the date of this ordinance shall be processed as SDPs pursuant to this Chapter;

(3)

Master Land Use Plans or Preliminary Development Plans (PDP) adopted at the time of annexation into the City shall be processed as MDPs pursuant to this Chapter; and

(4)

Site plans existing as of the date of this ordinance shall be processed as SDPs.

(Ord. 32 §1, 2011; Ord. 09, § 2, 6-19-2017)

(a)

Description. Territory not within the boundaries of the City may be annexed to the City as provided by this Division and state law.

(b)

Eligibility.

(1)

Every annexation shall meet the requirements of Section 31-12-101, et seq., C.R.S.

(2)

Every annexation shall be consistent with the Comprehensive Plan.

(3)

An annexation of territory used or zoned for residential purposes requires an election pursuant to Section 1.07 of the Charter.

(c)

Submittal requirements. The submittal requirements are contained in the Submittal Requirements table.

(d)

Steps. The steps for annexation requests are set forth in the Review Process table.

(e)

Review criteria. The City Council shall consider the criteria set forth in Section 31-12-116, C.R.S., when reviewing a proposed annexation.

(f)

Zoning of annexed area.

(1)

Temporary. The City Council, by Charter, may determine temporary zoning and establish a temporary zoning district or districts.

(2)

Permanent. Within thirty (30) days after the effective date of an ordinance of annexation, the Planning and Zoning Commission shall hold a public hearing to consider the appropriate zoning for the annexed area, in accordance with Section 16-2-280. Within fifteen (15) days of such hearing, the Planning and Zoning Commission shall transmit its recommendation to the City Council, which shall, within ninety (90) days after the effective date of the annexation ordinance, adopt an ordinance zoning the annexed property.

(Prior code 15.06, 15.06.020; Ord. 32 §1, 2011)

(a)

Description. This Section governs a change in the zoning of property.

(b)

Submittal requirements. The submittal requirements for a rezoning application are set forth in the Submittal Requirements table, provided that the application may be filed by the Director, the City Council or the property owner.

(c)

Steps. The steps required to process a rezoning application are set forth in the Review Process table.

(d)

Review criteria. In reviewing the proposed rezoning, the Planning and Zoning Commission and the City Council shall consider whether the rezoning:

(1)

Is in conformance with the Comprehensive Plan;

(2)

Is compatible with surrounding land uses; and

(3)

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(Prior code 15.52.005(part), 15.52.010, 15.52.030, 15.52.160; Ord. 32 §1, 2011)

(a)

Description. The MDP establishes the general land uses on property comprised of multiple parcels, including development criteria and restrictions, development standards and design guidelines, and allows flexibility in establishing specific building architecture and site layout details.

(b)

Submittal requirements. The submittal requirements for an MDP application are set forth in the Submittal Requirements table.

(c)

Steps. The steps required to process an MDP application are set forth in the Review Process table.

(d)

Review criteria. In reviewing an MDP, the Planning and Zoning Commission and the City Council shall consider whether the proposed MDP:

(1)

Is in conformance with the Comprehensive Plan;

(2)

Is compatible with surrounding land uses; and

(3)

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(Prior code Title 14, 15.38; Ord. 32 §1, 2011; Ord. 16 §1, 2015)

(a)

Description. An SDP is a detailed development plan for a property zoned B-1, B-2, B-3, B-4 or LI, property not owned by the City and zoned O-1, O-2 or A, property for which an SUP is proposed, and as the final step in the development process for property zoned TC or MC. The Site Development Plan approval process allows for the modification of any applicable development standard that is established in this code.

(b)

Applicability. An SDP is required for:

(1)

A scrape-off of all or a majority of existing improvements;

(2)

A modification to an existing building that increases the NFA and parking requirements;

(3)

An open space reduction of more than five percent (5%) or a reduction in open space that would result in a percentage lower than the minimum established for the specific property; or

(4)

Development of a vacant parcel.

(c)

Submittal requirements. The submittal requirements for an SDP application are set forth in the Submittal Requirements table.

(d)

Steps. The steps required to process an SDP application are set forth in the Review Process table.

(e)

Review criteria. The Director, the Planning and Zoning Commission and the City Council shall consider the following criteria when reviewing an SDP application, unless the applicable MDP provides for different criteria:

(1)

Whether the development is in conformance with the Comprehensive Plan;

(2)

Whether the development is compatible with surrounding land uses;

(3)

Whether the development adequately mitigates any adverse impacts it causes, including, without limitation, adverse impacts on traffic, view corridors, noise, property values and the provision of public services;

(4)

Whether the development is in conformance with the development criteria, restrictions and standards set forth in the MDP;

(5)

Whether the development is in conformance with the general development objectives set forth in Section 16-21-20 of this Chapter; and

(6)

In cases involving parcels zoned O-1 or O-2, whether the Parks, Trails and Recreation Commission has reviewed the proposal.

(f)

Modifications. If an applicant wishes to modify an approved SDP, the applicant shall submit a request for such modification to the Director. The Director shall determine whether the proposed modification is a major, minor or administrative modification.

(1)

Major modification.

a.

Description. A major modification is:

1.

Any change in development standards or changes in governing agreements or one which would alter the concept or intent of the SDP;

2.

Any increase in density, height, or floor area;

3.

Any decrease in setbacks; or

4.

Any open space or parking reduction of more than five percent (5%).

b.

Submittal requirements and steps. The submittal requirements and review steps are the same as for an initial SDP application.

c.

Review criteria. The City Council shall consider whether the modification:

1.

Is in conformance with the Comprehensive Plan;

2.

Is compatible with surrounding land uses;

3.

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services; and

(2)

Minor modification. A minor modification is one that decreases the open space or parking requirements by less than five percent (5%). All other modifications are considered major modifications.

a.

Submittal requirements and steps. A minor modification shall be submitted to the Planning and Zoning Commission, including such information necessary to inform the Planning and Zoning Commission of the substance of the proposed modification and its effect on surrounding properties.

b.

Review criteria. The Planning and Zoning Commission shall consider whether the modification:

1.

Is in conformance with the Comprehensive Plan;

2.

Is compatible with surrounding land uses; and

3.

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(3)

Administrative amendment.

a.

Description. The Director may make administrative amendments to a previously approved and recorded SDP for the sole purpose of correcting an administrative or clerical error, such as correction of inaccurate legal descriptions, inaccurate topographic information and other technical information.

b.

Submittal requirements and steps. A request for an administrative amendment of an SDP shall be submitted to the Director, including such information necessary to inform the Director of the substance of the amendment and its effect on surrounding properties.

(Prior code Title 14, 15.38, 15.40, 15.52.140; Ord. 14 §2, 2010; Ord. 32 §1, 2011; Ord. 22 §§1, 2, 2012; Ord. 16 §2, 2015; Ord. 15, §1, 2024)

(a)

Description. A PUD allows for the establishment of flexible development standards for efficient use of land in the City, to result in a development that is better planned and more desirable than one produced in accordance with the conventional zoning controls. The PUD outlines the development standards and design guidelines for a property. A premises upon which a PUD is conditioned is that it contains positive features not typically required of traditional development.

(b)

Applicability. A PUD is required for a rezoning in the R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 and R-0.05 Districts and is not permitted in any other zone district.

(c)

Submittal requirements. The submittal requirements for a PUD application are set forth in the Submittal Requirements table.

(d)

Steps. The steps required to process a PUD application are set forth in the Review Process table.

(e)

Review criteria. The Planning and Zoning Commission and the City Council shall consider the following criteria when reviewing a PUD application:

(1)

Whether the development is in conformance with the Comprehensive Plan;

(2)

Whether the development is compatible with surrounding land uses;

(3)

Whether the development adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services;

(4)

Whether a deviation from the zone district requirements and limitations is warranted by virtue of the improved design and amenities provided in the PUD;

(5)

Whether the development is in conformance with the development criteria, restriction and standards set forth in an applicable MDP; and

(6)

Whether the development is in conformance with the general development objectives set forth in Section 16-21-20 of this Chapter.

(f)

Modifications. If an applicant wishes to modify an approved PUD, the applicant shall submit a request for such modification to the Director. The Director shall determine whether the proposed modification is a major, minor or administrative modification.

(1)

Major modification.

a.

Description. A major modification from a current PUD is:

1.

Any increase in density, height, or floor area;

2.

Any decrease in setbacks; or

3.

Any open space or parking reduction of more than five percent (5%).

b.

Submittal requirements and steps. The submittal requirements and steps shall include information necessary to inform the City Council and the Planning and Zoning Commission of the substance of the proposed modification and its effect on surrounding properties.

c.

Review criteria. The Planning and Zoning Commission and City Council shall consider whether the modification:

1.

Is in conformance with the Comprehensive Plan;

2.

Is compatible with surrounding land uses;

3.

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services;

4.

Whether the modification is in conformance with the development criteria, restrictions and standards set forth in an applicable MDP; and

5.

Whether the development is in conformance with the general development objectives set forth in Section 16-21-20 of this Chapter.

(2)

Minor modification. A minor modification is one that decreases the open space or parking requirements by less than five percent (5%) from the original PUD.

a.

Submittal requirements. The submittal requirements shall include such information necessary to inform the Planning and Zoning Commission of the substance of the proposed modification and its effect on surrounding properties.

b.

Review criteria. The Planning and Zoning Commission shall consider whether the modification:

1.

Is in conformance with the Comprehensive Plan;

2.

Is compatible with surrounding land uses;

3.

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services;

4.

Whether the modification is in conformance with the development criteria, restrictions, and standards set forth in any applicable PUD; and

5.

Whether the modification is in conformance with the general development objectives set forth in Section 16-21-20 of this Chapter.

(3)

Administrative modification.

a.

Description. Authority is delegated to the Director to make administrative modifications to a previously approved and recorded PUD, for the sole purpose of correcting an administrative or clerical error, such as correction of inaccurate legal descriptions, and inaccurate topographic information.

b.

Submittal requirements. A request for an administrative modification of a PUD shall be submitted to the Director, including such information necessary to inform the Director of the substance of the modification and its effect on surrounding properties.

(Prior code Title 14, 15.54.010; 15.54.020; 15.54.110, 15.54.120, 15.54.130, 15.54.140, 15.54.150; Ord. 32 §1, 2011; Ord. 07 §1, 2012; Ord. 10, §1, 2024)

(a)

Description. An SUP allows a special use where appropriate and compatible with existing uses, subject to additional review by the City.

(b)

Applicability. An SUP is required for a special use in any zone district.

(c)

Submittal requirements. The submittal requirements for an SUP application are set forth in the Submittal Requirements table.

(d)

Steps. The steps required to process an SUP application are set forth in the Review Process table.

(e)

Review criteria. In reviewing an application for an SUP, the Planning and Zoning Commission and City Council shall consider whether the special use:

(1)

Is expressly allowed as a special use in the zone district;

(2)

Is compatible with surrounding land uses;

(3)

Adequately mitigates any adverse impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services; and

(4)

Is properly designed with regard to landscaping, open space, parking, setbacks and building elevations.

(f)

Transferability. Upon approval of an SUP, the City Council shall determine whether the SUP shall be transferable to other owners and shall make such determination a condition of approval.

(g)

Abandonment. In the event the holder of a special use permit fails to operate the special use for a period of one hundred eighty (180) consecutive days, the special use shall be deemed to have been abandoned, the right to operate or conduct the special use shall be immediately terminated and the special use permit shall be void and of no further effect.

(h)

Amendments.

(1)

Major amendment.

a.

Description. A major amendment to an SUP is required for the addition of a use and associated improvements or site modifications to a property with an existing SUP, including: the addition of any use; an increase in building coverage; an increase in structure height; or a change in parking or open space coverage by five percent (5%) or more.

b.

Submittal requirements. The submittal requirements for a major amendment to an SUP are set forth in the Submittal Requirements table.

c.

Steps. The steps required to process a major amendment to an SUP are set forth in the Review Process table.

d.

Review criteria. The criteria shall be those set forth in subsection (e) hereof.

(2)

Minor amendment.

a.

Description. A minor amendment to an SUP is appropriate when there is no change in use, expansion of building coverage of less than five hundred (500) square feet or a reduction of open space or parking coverage of less than five hundred (500) square feet.

b.

Submittal requirements. The submittal requirements for a minor amendment to an SUP are set forth in the Submittal Requirements table.

c.

Steps. The steps required to process a minor amendment to an SUP are set forth in the Development Review Process table.

d.

Review criteria. The criteria shall be those set forth in subsection (e) hereof.

(Prior code Title 14, 15.16.010, 15.60.020, 15.60.050, 15.60.110; Ord. 32 §1, 2011)

Editor's note— Ord. 02-2020, § 3, adopted April 6, 2020, repealed § 16-2-80. Former § 16-2-80 pertained to the planned sign program and derived from §§ 15.46.010 and 15.46.080 of the prior code; Ord. 22 §1, adopted 2011; and Ord. 32 §1, adopted 2011. Similar provisions can now be found in § 16-21-490.

(a)

Description. A landscape plan is a detailed plan that identifies existing and proposed hardscape and landscape by delineating walkways, paved surfaces, trees, shrubs and ground covers, as well as alterations of the site for grading, paving and/or excavation.

(b)

Applicability. This Section applies to any new or amended MDP, SDP, PUD plan, SUP or site plan.

(c)

Submittal requirements. The submittal requirements for a landscaping plan are set forth in Section 16-21-220.

(d)

Steps. The steps required to process an application that includes a landscape plan are set forth in the Review Process table.

(e)

Review criteria. The Director, the Planning and Zoning Commission and the City Council shall consider the landscape plan pursuant to the MDP, SDP, PUD plan, or SUP review criteria as set forth in Article 21 of this Chapter.

(Prior code 15.45.030; Ord. 32 §1, 2011)

(a)

Description. Amendments to existing landscaping plans for purposes of water conservation may be processed administratively.

(b)

Applicability. This Section applies to an amendment to any landscaping plan that has been approved pursuant to a PUD, SDP or SUP.

(c)

Review criteria. Prior to approving an amendment to an existing landscaping plan, the Director shall review the intent of the existing landscaping plan and determine that the amended landscaping plan satisfies the intent of the existing landscaping plan and the following:

(1)

The landscaping serves as a buffer to adjacent property in one (1) or more of the following ways: by mitigating impacts from incompatible uses, by buffering window views between buildings or by providing a reasonable transition between differing land uses; or the landscaping screens adjacent property in one (1) or more of the following ways: by minimizing impacts of accessory uses or structures, by screening loading areas, mechanical areas or other service areas or by mitigating unsightly views, noise, glare, dust or other off-site effects on a year-round basis; or the landscaping enhances the appearance or functionality of the site in one (1) or more of the following ways: by promoting a park-like appearance, by creating visual breaks between streets and parking lots, by reducing large expanses of pavement by including foundation plantings that visually anchor buildings to a site or by including appropriate plantings for streets, driveways or walkways;

(2)

The amendment satisfies the intent of the original landscaping plan;

(3)

The amendment provides for proper coordination of the planning and engineering necessary to implement the amended landscaping plan;

(4)

The amendment provides for adequate irrigation for the survival of plant material while conserving water, and provides for soil amendments to increase the water-holding capacity of the soil;

(5)

The amendment includes a variety of plant sizes and species that at maturity are appropriate in relation to the size of the site or the landscaped area;

(6)

The amendment places shrubs to achieve massing at maturity;

(7)

The amendment maintains appropriate ground coverage in areas subject to high levels of pedestrian traffic;

(8)

The amendment ensures adequate snow storage areas, does not hinder views of pedestrians or motorists and ensures that appropriate levels of sunlight are present to minimize icing conditions in areas of vehicle and pedestrian traffic;

(9)

The amendment does not include noxious weeds set forth in Section 7-4-10 of this Code; and

(10)

The amendment provides adequate landscaping for fences or walls.

(Prior code 15.74.020; Ord. 32 §1, 2011)

(a)

Description. Amendments to existing lighting plans for purposes of conversion to light emitting diode (LED) lamps for exterior site lighting may be processed administratively through a building permit.

(b)

Applicability. This section applies to an amendment to any lighting plan that has been previously approved pursuant to a PUD, SDP, or SUP.

(c)

Review criteria. Prior to approving an amendment to an existing lighting plan, the Director shall review the lighting plan and photometric light levels to determine that the provisions of Section 16-21-130 have been met.

(Ord. 04, § 1, 2021)

(a)

In order to grant a variance from residential zoning ordinances or residential building codes for properties developed for residential uses, the Board must find that the variance:

(1)

Is required because of the existence of special conditions or circumstances, such as size, shape, location, topography or surroundings of the land, structure or building involved, which deprive the applicant of privileges enjoyed by owners of other properties in the vicinity or in the same zone district; or

(2)

Is necessary or appropriate to make possible the reasonable use of the land or the structures on the property; or

(3)

Will ameliorate a difficulty which did not result from the acts or omissions of the applicant.

(b)

If the Board finds that at least one (1) of the criteria in (a) is met, the Board may only grant the variance if the variance:

(1)

Will be in harmony with and not alter or weaken the spirit and purpose or essential character of the zoning for the zone district in which the property is located; and

(2)

Will not substantially or permanently injure the appropriate use of adjacent property in the same zone district; and

(3)

Will not be detrimental to the public health, safety, or welfare.

(c)

Vote. The BOAA members present shall vote by voice vote on each application. To deny a variance, a simple majority vote shall be required. The failure to obtain the following required number of affirmative votes to grant a variance shall constitute a denial:

(d)

Conditions. The BOAA may impose reasonable conditions on the grant of any variance. In addition, upon approval of a variance, the BOAA shall determine whether the variance is limited to the conditions existing on the property at the time of approval, or whether the variance runs with the land regardless of whether the conditions on the property change.

(e)

Decision. The BOAA's decision shall be final, subject only to judicial review.

(f)

Time Limits.

(1)

Building and other permits required to complete an approved variance must be acquired within one (1) year from the approval date, and construction pursuant to such variance shall be completed within one (1) year from the date following issuance of the permit(s) unless otherwise specified by the BOAA in its decision. If either the permit is not issued or construction is not completed within the established deadlines, the variance shall automatically terminate. However, upon application made prior to either deadline, the BOAA may, for good cause shown, issue not more than one (1) extension of the deadline. Upon completion of construction, the applicant shall contact the City to schedule an inspection, and, if determined necessary by the Director, the applicant shall provide an improvement location certificate for the property.

(2)

No application for a variance which is the same or substantially the same as an application previously considered and ruled upon by the BOAA shall be accepted by the City until at least one (1) year has elapsed from the date of the last ruling by the BOAA.

(Prior code 2.44.060, 2.44.070, 15.78; Ord. 32 §1, 2011; Ord. 05 § 3, 2016; Ord. 07 § 1, 2017; Ord. 08 § 1, 2022; Ord. 16 § 1, 2022)

(a)

Appeals of administrative decisions or stop work order.

(1)

Description.

a.

This Section allows a person affected by an administrative decision of the Director to appeal that decision to the BOAA.

b.

Any person, partnership, corporation, or other entity deeming itself aggrieved by the issuance of a stop order pursuant to this Chapter may appeal the issuance of the order to the BOAA within thirty (30) days after service of the stop order.

(2)

Submittal requirements. The submittal requirements for appeals are set forth in the Submittal Requirements table.

(3)

Steps. The steps required to process an appeal are set forth in the Review Process table.

(4)

Review criteria. The BOAA shall determine whether the Director's decision was supported by the evidence presented to the Director and in accordance with this Chapter, and then either affirm or reverse the Director's decision.

(5)

Procedure. A written notice of appeal of any administrative decision or stop work order shall be filed within fifteen (15) days of the decision being appealed. The notice of appeal shall be filed with the Director and shall state with specificity the reasons for appeal. The BOAA shall hear such appeal within thirty (30) days of the filing of the notice of appeal. At such hearing, both the appellant and the Director shall have an opportunity to be heard and present evidence.

(6)

Decision. A simple majority vote is required to either affirm or reverse the Director's decision.

(7)

Ruling. The BOAA may affirm the decision, reverse the decision or affirm the decision with conditions. The ruling of the BOAA shall be final, subject to judicial review.

(8)

No repeat appeals. The BOAA shall not consider an appeal which is the same or substantially the same as an appeal previously considered and ruled upon by the BOAA.

(Prior code 2.44.060, 2.44.070, 2.44.110, 2.44.130, 15.56.020, 15.78; Ord. 32 §1, 2011)

(a)

Description. The major subdivision process includes both a preliminary and final plat review, and is governed by Article 26 of this Chapter.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set forth in Division 2, and the appropriate Application Checklist, referenced in Article 26 of this Chapter.

(c)

Steps. The steps required to process a major subdivision application are set forth in the Review Process table.

(d)

Review criteria. The Planning and Zoning Commission and City Council shall consider the following criteria when reviewing an application for a major subdivision:

(1)

Whether the subdivision is in conformance with the Comprehensive Plan;

(2)

Whether the subdivision is in conformance with the Zoning District and this Chapter;

(3)

Whether the subdivision is compatible with surrounding land uses; and

(4)

Whether the subdivision adequately mitigates any impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(e)

Major subdivisions are subject to all fees and public land dedications.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Description. The minor subdivision process is intended to provide a streamlined review process for subdivisions of land that are minor in nature, with only a final plat review, and is governed by Article 26 of this Chapter.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set forth in Division 2, Documentary Requirements, of Article 26 of this Chapter.

(c)

Steps. The steps required to process a minor subdivision application are set forth in the Review Process table.

(d)

Review criteria. The City Council shall consider the following criteria when reviewing an application for a minor subdivision:

(1)

Whether the subdivision is in conformance with the Comprehensive Plan;

(2)

Whether the subdivision is in conformance with this Chapter;

(3)

Whether the subdivision is compatible with surrounding land uses; and

(4)

Whether the subdivision adequately mitigates any impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(e)

Minor subdivisions are subject to all fees and public land dedications.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Description. This Section allows the City Council to vacate a public right-of-way or easement in the City.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set forth in Division 2, and the appropriate Application Checklist referenced in Article 26 of this Chapter.

(c)

Steps. The steps required to process an application to vacate a public right-of-way or easement are set forth in the Review Process table.

(d)

Review criteria. The City Council shall consider the following criteria when reviewing an application to vacate a public right-of-way or easement:

(1)

Whether the public right-of-way or easement being vacated is needed in the short or long term;

(2)

Whether the proposed vacation is in conformance with the Comprehensive Plan;

(3)

Whether the proposed vacation will leave any land adjoining said right-of-way without an established public road connecting said land with another public road; and

(4)

Whether the vacation will serve the public health, safety and welfare, specifically considering its impact on surrounding properties.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Description. The certified survey map procedure is applicable to properties subject to development or other contractual agreements that require the certified survey map procedure.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set for in Division 2, and the appropriate Application Checklist referenced in Article 26 of this Chapter.

(c)

Steps. The steps required to process an application for a certified survey map are set forth in the Review Process table.

(d)

Review criteria. If the applicant files a complete application, the Director shall approve the certified survey map. The Director shall review the application within fifteen (15) days of receipt of such application and fee. If the submitted survey map does not meet the submittal requirements, the Director shall return the submitted map to the submitting person or entity within the fifteen (15) days of receipt along with a written explanation why such submitted survey map does not meet the submittal requirement.

(Prior code Title 14; Ord. 14 §4, 2010; Ord. 32 §1, 2011)

(a)

Description. The lot line adjustment process allows the adjustment of a lot line without following the subdivision process, when all property owners consent and there is no dedication or vacation of public right-of-way or easement.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set forth in Division 2, and the appropriate Application Checklist referenced in Article 26 of this Chapter.

(c)

Steps. The steps required to process an application for a lot line adjustment are set forth in the Review Process table.

(d)

Review criteria. The Director shall determine whether the lot line adjustment:

(1)

Meets the requirements of the zone district in which the property is located; and

(2)

Whether the lot line adjustment adequately mitigates any impacts it causes including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Description. The vacation of interior lot line process allows the removal of interior lot lines and the aggregation of property under single ownership.

(b)

Submittal requirements. All such submittals shall comply with the Submittal Requirements table set forth in Division 2, and the appropriate Application Checklist referenced in Article 26 of this Chapter.

(c)

Steps. The steps required to process an application for vacation of an interior lot line are set forth in the Review Process table and shall be approved by the Director.

(d)

Review criteria. The Director shall determine whether the vacation of interior lot line:

(1)

Meets the requirements of the zone district in which the property is located; and

(2)

Adequately mitigates any impacts it causes, including without limitation adverse impacts on traffic, view corridors, noise, property values and the provision of public services.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Description. This section allows the Community Development Department to grant accommodations in the application of land use regulations, policies, and procedures to persons with disabilities or handicaps seeking equal access to housing under the Federal Fair Housing Act.

(b)

Submittal requirements. The request for relief from any land use regulation or procedure in this Code necessary to ensure equal access to housing for an individual with a disability may come from the person with a disability or handicap, his or her representative, or a developer or provider of housing for individuals with disabilities.

(c)

Steps.

(1)

The request shall be submitted in writing on a form provided by the Community Development Department, or in another manner deemed acceptable by the Director, along with any additional information required.

(d)

Review criteria. The following criteria will be considered when reviewing a request for reasonable accommodation under the Fair Housing Amendments Act.

(1)

Whether the dwelling unit will at all times be used by an individual or group of individuals with a qualifying disability or handicap;

(2)

Whether the requested accommodation is necessary to afford persons with disabilities equal opportunities to use and enjoy housing;

(3)

Whether the requested accommodation is reasonable under the factual circumstances;

(4)

Whether the requested accommodation will impose an undue financial or administrative burden on the City or will require a fundamental alteration of the subject rules, regulations, ordinances, policies, and practices;

(5)

Whether adequate measures are in place to mitigate potential negative impacts to surrounding properties;

(6)

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit to the applicant.

(e)

Decision. The request may be approved, conditionally approved or denied in accordance with federal law.

(1)

If the request is approved or approved with conditions, the request is granted to a disabled individual or individuals for a period of one (1) year only and shall not run with the land unless the request requires a physical modification of a structure that cannot be easily removed or altered.

(2)

The accommodation may continue to be used and maintained only by the individual or individuals with a disability under the Fair Housing Amendments Act and must be re-applied for annually.

(3)

If the applicant is a provider of housing for persons with a disability, the applicant shall certify to the following in writing as a condition of approval:

a.

The property will not be used as temporary shelter for homeless persons during the term of the reasonable accommodation nor to provide any treatment or care so as to qualify the property as a group care facility under this chapter;

b.

The provider will comply with all building code and health department requirements, nuisance laws and other generally applicable laws, ordinance, rules and regulations of the City other than those that have been waived or modified as part of the approved request; and

c.

The property is designed and intended for persons with disabilities as defined by the Fair Housing Amendments Act and that the provider will use its best efforts to ensure that all residents are persons with disabilities as defined by the Fair Housing Amendments Act.

d.

The provider will maintain liability insurance.

(4)

In the event the application is denied, the decision may be appealed to the City Council, who shall hold a hearing on the appeal as close as possible to within thirty (30) days of the receipt of the request for appeal.

(f)

Termination of reasonable accommodation. In the event that any condition placed upon a grant of reasonable accommodation is violated or the property is no longer used and maintained only by an individual or individuals with a disability under the Fair Housing Amendments Act, the reasonable accommodation shall automatically terminate and the property shall be subject to the same land use regulations, policies, and procedures as any other similarly situated dwelling in the Village.

(Ord. 03, § 1, 3-6-2017)

(a)

Intent. The intent of this Division is to establish standardized procedures for the applications described in Division 1 of this Article.

(b)

Applicability. This Division shall apply to an application for a rezoning, MDP, SDP, SUP, PSP, landscaping plan amendment, variance, appeal, major subdivision, minor subdivision, vacation of public right-of-way or easement and exception to the subdivision regulations.

(Ord. 14 §1, 2010; Ord. 32 §1, 2011; Ord. 09, § 4, 6-19-2017)

(a)

Description. A prospective applicant is encouraged to request a meeting prior to completing and filing a land use application with the Director. This meeting is an informal review of a sketch or concept of a development proposal and allows major problems to be identified before a formal application is submitted. The meeting provides an opportunity to:

(1)

Inform the applicant of the City's standards and requirements for the application;

(2)

Review the City's approval process and procedures for the application, which may involve site history, previous applications, policy direction and discussion of project alternatives or modifications; and

(3)

Identify the information and materials the City will require with the application and any necessary technical studies and information relating to the project.

(b)

Applicability. The review meeting is voluntary for all land use applications. Neither the preapplication review nor the provision of information or applicable policies shall be construed as a recommendation for approval or denial of the application or project by the City. A failure by the City to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.

(c)

Submittal requirements. The applicant is encouraged to provide as much detail as possible when preparing the materials for the meeting. The following shall be submitted, at a minimum, at least seven (7) days prior to the meeting.

(1)

The location of the proposed project;

(2)

A description of the significant features in the vicinity and on-site;

(3)

An informal sketch of the requested development; and

(4)

A description of the applicant's ownership or interest in the property.

(d)

Attendance. In addition to the applicant and City representatives, other referral agents may be included, as necessary, depending on the nature of the application.

(Prior code Title 14, 15.40.060, 15.40.080, 15.40.100, 15.48.060; Ord. 32 §1, 2011)

(a)

Description. The NIM is an opportunity for both the applicant and residents to give and receive input regarding proposed development projects prior to formal application. The meeting allows the applicant to present the nature, character and extent of the development and those in attendance to comment on the proposal. The NIM is held prior to submittal of a formal application so residents have an opportunity to provide input before excessive time and effort have been expended by the applicant. The constructive input provides for a more carefully designed development that is compatible with surrounding neighborhoods. It is not the intent of the City Council to require formal agreements between applicants and residents prior to the submission of applications, nor shall an applicant be denied a right to proceed to a required or permitted hearing on an application because no agreement is reached. The intent of this Section is to encourage reasonable, honest and good faith communication between residents and applicants.

(b)

Applicability. A NIM is required for a rezoning or change in use. Whether a NIM is required, all applicants are encouraged to contact and meet with residents, neighborhood and homeowners' associations and building owners near the property to inform them about the proposed project and consider their concerns in the project design.

(c)

Exceptions. The Director may waive the requirement for a NIM based on consideration of the following:

(1)

There is no significant increase in the use or intensity of use currently allowed on the property.

(2)

Not more than one (1) year has elapsed since the date of a NIM for the same or similar request for which an application was deemed complete by the Director.

(d)

Notice. The applicant shall send written notice via first-class United States mail to all property owners within two thousand (2,000) feet of the boundary lines of the property that is the subject of the application, at least fifteen (15) days prior to the date of the NIM. The notice shall be in substantially the form provided in Appendix F to this Chapter. The applicant shall provide an affidavit of notice in substantially the form provided in Appendix B.

(e)

Attendance. At least one (1) representative of the applicant and at least one (1) representative of the City shall attend the NIM.

(f)

Procedure. The procedure for the NIM is as follows:

(1)

The applicant shall present the proposal, invite comments from those in attendance and answer questions.

(2)

The applicant shall make a written record of those persons in attendance.

(3)

The applicant shall prepare and submit to the City a written summary of the comments made at the NIM and the applicant's responses to those comments within ten (10) days after the meeting. The City shall review the summary for accuracy and completeness and make any changes deemed necessary by the Director. The written summary shall become part of the record for the application and the Planning and Zoning Commission and City Council, as applicable, may review and rely on the summary in their decision-making process.

(g)

Compliance. No application requiring a NIM shall be accepted by the City until the applicant has complied with this Section.

(Prior code 14.04.020, 15.38.086, 15.52.025, 15.54.035, 16.60.025; Ord. 32 §1, 2011)

(a)

Applicability. The application submittal requirements are set forth in the Submittal Requirements table and further described in this Section.

(b)

Proof of ownership. Proof of ownership shall be in the form of a current title commitment dated not more than ninety (90) days prior to the date of the application. Every application shall be filed by the property owner or the property owner's authorized representative except for City-initiated rezoning or MDP amendments.

(c)

Certificate of taxes due. The certificate shall be issued by the County Assessor and shall be dated not more than ninety (90) days prior to the date of the application.

(d)

Fees. Application fees shall be established by resolution of the City Council and shall be paid at the time of submittal of the application.

(Ord. 32 §1, 2011)

(a)

Upon receipt of an application, the Director shall determine whether the application is complete and ready for review. The Director shall notify the applicant of any additional information that is necessary.

(b)

If the application is incomplete, no review of the application shall occur until the application is complete.

(c)

A determination of completeness shall not preclude the Director from requesting additional information or studies at any time during review of the application.

(Ord. 32 §1, 2011)

(a)

The Director shall refer the application to other departments, boards or commissions, service providers, outside agencies and registered organizations that may be affected by the proposal in the application. Referral may also be made to the DRC.

(b)

Referral comments should address whether the application is consistent with the standards of the reviewing authority.

(c)

The applicant may revise the application based on referral comments, provided that significant revisions may require this step to be repeated.

(Prior code Title 14; Ord. 32 §1, 2011)

(a)

Applicability. Notice of all public hearings under this Article shall be required as set forth in the Noticing Requirements table.

(b)

Notice by mail.

(1)

Responsibility. For any application that requires notice by mail, the applicant shall be responsible for mailing the notice at the applicant's expense.

(2)

Distance. Mailed notice shall be provided to the record owners of all neighboring real property as follows:

a.

MDPs, SDPs, Rezoning, Subdivisions and SUPs.

1.

Mailed notice for rezoning, MDPs, SUPs, SDPs, major subdivisions (preliminary plats), SUPs and major or minor modifications to MDPs, SUPs or SDPs shall be provided at least fifteen (15) days prior to the hearing to the record owners of all real property within Council-approved development impact zones based upon the anticipated impact of the proposal as determined by the Director, to any properties outside the development impact zone or corporate boundaries of the City that lie immediately adjacent to the subject property, and to any neighborhood groups or homeowners' associations registered with the City within the area of notification.

2.

Mailed notice for rezoning, MDPs, SUPs, SDPs, major subdivisions (preliminary plats) and major modifications to MDPs or SDPs outside of Council-approved development impact zones shall be provided at least fifteen (15) days prior to the hearing to the record owners of all real property within two thousand (2,000) feet of the property lines of the property included in the application and to any neighborhood groups or homeowners' associations and properties outside the corporate limits of the City that lie immediately adjacent to the subject property.

3.

Mailed notice for minor amendments to MDPs, SDPs outside of Council-approved development impact zones, and telecommunications applications requiring Council review (excluding reviews done under 16-23-64) shall be provided at least fifteen (15) days prior to the hearing to the record owners of all real property within one thousand (1,000) feet of the property lines of the property included in applications and to any neighborhood groups or homeowners' associations and properties outside the corporate limits of the City that lie immediately adjacent to the subject property.

b.

PUDs. Mailed notice for PUDs and major modifications to existing PUD shall be provided at least fifteen (15) days prior to the hearing to the record owners of all real property within the corporate boundaries of the City within two thousand (2,000) feet of the property lines of the property included in the application, to any properties outside the corporate boundaries of the City that lie immediately adjacent to the subject property, and to any neighborhood groups or homeowners' associations registered with the City within the area of notification.

c.

Variances. Mailed notice for a variance shall be provided at least fifteen (15) days prior to the hearing to the record owners of all real property within the corporate boundaries of the City that lie immediately adjacent to the subject property.

d.

Planned Sign Programs.

1.

Mailed notice shall be provided to record owners of all real property adjacent to any sign variance or planned sign program requests at least fifteen (15) days prior to the hearing.

2.

Mailed notice shall also be provided at least fifteen (15) days prior to the hearing to all record owners of residential property within five hundred (500) feet of a proposed sign that will be visible to said residential properties.

3.

Mailed notice shall also be provided at least fifteen (15) days prior to the hearing to the record owners of all residential property within one thousand (1,000) feet of a proposed sign that will be visible to said properties and which sign application requests a variation greater than one hundred fifty (150) percent of standards otherwise allowed by this Code.

(3)

Manner. Notice by mail shall be sent by first-class United States mail.

(4)

Proof. The applicant shall file an affidavit of mailing with the Director, attached to a copy of the letter sent and the addresses to which the letters were sent. This affidavit and attachments shall constitute prima facie evidence of the fact that the notice by mail was done in the prescribed manner.

(c)

Notice by posting.

(1)

Responsibility. For posted notice, the City shall provide the required signs, but the applicant shall be responsible for posting the signs and ensuring that the signs remain posted and legible throughout the required time period.

(2)

Manner. The signs provided by the City shall be posted on each street adjoining the property at the locations selected by the City, for a period of at least fifteen (15) days prior to the public hearing.

(3)

Proof. An affidavit of posting signed by the applicant with a photograph of the signs shall constitute prima facie evidence of the required posting.

(4)

Removal. Signs should be removed within three (3) days after the close of the hearing.

(d)

Notice by publication.

(1)

Responsibility. The City shall be responsible for notice of publication at the City's cost.

(2)

Manner. The City shall publish notice of the date, time, location and subject matter of a public hearing on its website at least fifteen (15) days prior to the hearing; provided that technical issues with the website which affect the publication shall not invalidate any public notice or require continuation or postponement of any public hearing.

(3)

Proof. The City Clerk shall provide proof of publication at the public hearing.

(Prior code Title 14, 15.02.050; Ord. 14, 2010; Ord. 32 §1, 2011; Ord. 24 §1, 2013; Ord. 2 §1, 2014; Ord. 7 §1, 2014; Ord. 03 § 2, 4-15-2019; Ord. 14, § 6, 2022)

(a)

Description. Land use applications are heard by the body having jurisdiction over the matter at a public hearing.

(b)

Order of proceedings.

(1)

Opening. The public hearing is opened.

(2)

Staff presentation. The staff shall present a narrative and graphic description of the land use application.

(3)

Applicant presentation. The applicant shall present any relevant information the applicant deems appropriate.

(4)

Public testimony. Any person may appear at a public hearing and submit evidence, provided that the body holding the hearing may exclude or limit testimony or evidence it finds to be irrelevant, immaterial or unduly repetitious. Each person who appears at a public hearing shall state his or her name, municipality or county of residence and, if appearing on behalf of another person, the name and municipality or county of residence of the person being represented.

(5)

Applicant response. The applicant may respond to any testimony or evidence presented by the public at the direction of the body holding the hearing.

(6)

Staff response. The staff may respond to any statement made or evidence presented by the applicant or the public, or answer questions, at the direction of the body holding the hearing.

(7)

Closure. The public hearing is closed.

(8)

Deliberation. After the public hearing is closed, the body hearing the application may deliberate.

(9)

Decision. After consideration of the application, the staff report and the evidence received at the public hearing and any deliberation, the body holding the hearing shall approve, approve with conditions or deny the application. The decision shall include a statement of specific findings and a statement of the basis upon which the facts were determined, with specific reference to the relevant standards set forth.

(c)

Conditions. The body making the decision may impose conditions on approval of the application as necessary to accomplish the purposes of this Chapter, having a reasonable relationship to potential impacts of the proposed land use and being roughly proportional, both in nature and extent, to the impacts of the proposed land use. Any conditions mutually agreed upon by the City and the applicant may also be imposed. Commitments made by the applicant in the public hearing are deemed enforceable and shall be considered conditions of approval.

(d)

Moratorium. If an application is denied by the City Council, the Planning and Zoning Commission or the BOAA, the resubmittal of an application for the same or substantially similar request shall not be accepted by the City for one (1) year from the date of such denial.

(Prior code 2.64.040—2.64.070, 15.02.050, 15.52.005, 15.52.130, 15.60.120, 15.72.080, 15.78.020, 15.78.060; Ord. 32 §1, 2011)

(a)

Upon final approval of any application, the applicant shall provide documents in accordance with the approval granted. At a minimum, two (2) sets of approved plans in reproducible 24" by 36" Mylar are required.

(b)

Copies of materials presented at a public hearing, including electronic copies, shall be provided by the applicant and made a part of the record.

(c)

Final documents shall be provided within thirty (30) days of approval at the applicant's expense. If such documents are not submitted, the approval shall lapse, provided that the Director may grant one (1) extension of time upon a finding of good cause.

(Prior code Title 14, 15.72; Ord. 32 §1, 2011)

(a)

Authority is expressly delegated to the Director to grant deviations from the requirements of this Chapter upon a finding by the Director of the existence of the following facts:

(1)

The deviation is required in order to allow construction to be completed where a legitimate, good faith error has been made;

(2)

The deviation will not result in weakening or degradation of the purpose and intent of the regulatory provision being deviated from; and

(3)

The deviation is one percent (1%) or less from the applicable performance standard or regulation and does not result in a reduction of open space.

(b)

In addition to the authority set forth above, the Director may grant permission to public entities, as that term is defined in the Colorado Governmental Immunity Act, Section 24-10-103(5), C.R.S., to deviate from strict application of this Chapter upon a finding by the Director that the deviation will not extend beyond two (2) years from the date the deviation first occurs, and that the deviation will not negatively affect the public health, safety or welfare.

(Prior code 15.74.010, 15.74.020; Ord. 32 §1, 2011; Ord. 15, §2, 2024)

(a)

Findings. The City Council finds that dedications of real property to the City and exactions in the form of monetary payments to the City in lieu of real property dedications should be required in those instances where the City Council determines that a proposed development will create the need for new public facilities or services or will result in increased use of existing public facilities or services so as to require the expansion or eventual replacement of such facilities or services.

(b)

Purpose. Where a cause and effect relationship, or essential nexus, is identified between the proposed development and the resultant need for additional public facilities or services, it is the purpose of this Division to provide a mechanism whereby dedications and exactions can be quantified to assure that a fair and equitable proportionality is established between the cost of the public facilities or services attributable to the proposed development and the overall cost of such public facilities or services.

(c)

Interpretation. In interpreting this Division, the City shall fairly balance the needs of the public, and especially City residents, against the need for the public facilities or services which is created by the proposed development, so as not to burden disproportionately the general public with costs or expenses to provide public facilities or services the need for which is generated by the proposed development.

(Prior code Title 14, 15.62.010, 15.62.030; Ord. 32 §1, 2011)

The City Council, following public hearings before both the Planning and Zoning Commission and the City Council in conjunction with an application for rezoning, subdivision, PUD or building permit, is authorized to require exactions and dedications. Such dedications and exactions may include without limitation:

(1)

Dedication of real property for the construction, reconstruction, reconfiguration, widening or extension of streets or acceleration/deceleration lanes or payment for all or a portion of the construction of streets, including without limitation the widening, improvement, traffic signalization or construction of acceleration/deceleration lanes;

(2)

Dedication of real property for public parks;

(3)

Dedication of real property for the construction, reconstruction, extension or maintenance of recreational trails;

(4)

Dedication of real property for open space; or

(5)

Payment of funds in lieu of any of the foregoing dedications.

(Prior code Title 14, 15.62.020; Ord. 32 §1, 2011)

(a)

Generally, the City Council shall be guided by the overriding principle that an exaction or dedication is unfair, disproportionate and unconstitutional if it imposes a burden on an applicant which in equity and fairness should be borne by the public in general. However, an exaction or dedication is constitutional if the failure of the applicant to provide the dedication or exaction would fail to remedy a public problem created or exacerbated by the development to such an extent that the governing body would be justified in denying approval of the application.

(b)

Specifically, a dedication or exaction will be required if the City Council finds that:

(1)

A legitimate, identifiable public purpose is served by the required exaction or dedication;

(2)

The City is acting within its power to provide the facility or service for which the exaction or dedication is required, either directly or indirectly, for the benefit of City residents;

(3)

The projected use of the public facilities or services generated by the proposed development are contributing causes to the need for the new or expanded public facilities or services;

(4)

The City would be legally justified in denying approval of the development unless the exaction or dedication is imposed, because of the negative effect of the proposed development on either existing private property or public facilities or services;

(5)

The City, acting within its lawful authority, requires all applicants similarly situated to provide similar or roughly similar exactions and dedications, in both quantity and quality; and

(6)

The exaction or dedication will serve the proposed development directly; provided that the fact that the exaction or dedication will also serve as a general benefit to all City residents shall not constitute a valid basis for failing to impose the exaction or dedication.

(Prior code Title 14, 15.62.030; Ord. 32 §1, 2011)

(a)

Upon a determination by the City that exactions and dedications may lawfully be required, the amount of such exactions and dedications shall be determined using one (1) of the following methods:

(1)

The applicant may accept the City's determination of the appropriate exactions and dedications. If an applicant accepts the City's determination, no public hearing on the exactions and dedications shall be required, and the applicant shall be deemed to have waived any right to challenge such exactions and dedications at any time.

(2)

The applicant may request in writing that an individualized study be made relating solely to its project to determine whether exactions and dedications will be required and, if so, the amount thereof. Such study shall fairly and accurately delineate the needs for public services and facilities which will be generated by the development, and shall consider the criteria in Section 16-2-330.

(b)

The individualized study described in Paragraph (a)(2) hereof may be prepared by either of the following methods:

(1)

The applicant may prepare the study at its sole cost and expense. Upon the submission of the study, the applicant shall pay the fee established by resolution of the City Council to cover the City's time reviewing the study.

(2)

Upon the written request of the applicant the City shall cause to be prepared an individualized study to be completed within one hundred eighty (180) days of receipt of the written request. The applicant shall reimburse the City for the cost of the study.

(c)

If an individualized study is prepared, the staff shall review the study and comment thereon in writing to the Planning and Zoning Commission and the City Council. If the applicant agrees with the study, the study shall be submitted as a joint recommendation. If the applicant disagrees with the study, the applicant may, at his or her sole expense, submit to the Planning and Zoning Commission and the City Council a written report outlining his or her reasons for disagreement.

(d)

Based on the individualized study, the staff comments and testimony at the public hearing, the Planning and Zoning Commission shall recommend to the City Council an appropriate amount of exactions and dedications.

(e)

The City Council shall consider the recommendation of the Planning and Zoning Commission, the study, the staff comments and testimony, and shall apply the criteria in Section 16-2-330 to determine the amount of exactions and dedications required. The decision of the City Council shall be final, subject only to judicial review.

(Prior code Title 14, 15.62.040, 15.62.050, 15.62.060; Ord. 32 §1, 2011)

Only the following shall constitute a site specific development plan within the meaning of Section 24-68-102(4), C.R.S.:

(1)

A PUD approved in accordance with 16-2-60 that sets forth the design guidelines for the residential development; or

(2)

An approved SDP.

(Prior code 15.55.010, 15.55.020; Ord. 32§1, 2011)

A property right which vests pursuant to this Article shall remain vested for a period of three (3) years unless the City and the property owner enter into an agreement, approved by ordinance and subject to referendum, provided that property rights under a site specific development plan shall be vested for a period exceeding three (3) years.

(Prior code 15.55.030; Ord. 32 §1, 2011)

Every document which purports to constitute a site specific development plan shall contain the following language:

This plan constitutes a site specific
development plan pursuant to the
Greenwood Village Municipal Code and
C.R.S., Section 24-68-101, and establishes
vested property rights, for three (3) years
from its effective date, to undertake and
complete the development and use of the
property in accordance with this plan.

(Prior code 15.55.040; Ord. 32 §1, 2011)

The conditional approval of a site specific development plan shall result in the establishment of vested property rights under the approved plan, but failure to fulfill or abide by the terms and conditions of the conditional approval shall result in a forfeiture of the vested property rights by operation of law, without notice or hearing.

(Prior code 15.55.050; Ord. 32 §1, 2011)

Unless approved as part of a site specific development plan, the zoning or rezoning of a property shall not itself constitute a site specific development plan and shall not result in the creation of vested property rights.

(Prior code 15.55.060; Ord. 32 §1, 2011)

(a)

Within fourteen (14) days after the approval of a site specific development plan, notice of the approval of the site specific development plan creating a vested property right under the site specific development plan shall be published and shall include the effective date of the City's motion, resolution or ordinance approving the SDP or PUD. It shall be the responsibility of the applicant to pay for and ensure that the requisite notice has been published within the required time-frame. A Vested Right for which the requisite notice was published shall be deemed effective fourteen (14) days after the approval of the applicable SDP or PUD.

(b)

Within thirty (30) days of the approval of a site specific development plan, the property owner shall submit two (2) sets of twenty-four-inch-by-thirty-six-inch (24" × 36") photographic Mylar copies of the approved plan containing the language required in Section 16-2-430. If such Mylar copies are not submitted within such time period, the vested property rights shall lapse, provided that the Director may grant one (1) extension upon a finding of good cause.

(Prior code 15.55.080; Ord. 32 §1, 2011)

(a)

Intent. The intent of this Division is to establish procedures for issuance of certain specific permits required by this Chapter.

(b)

Applicability. This Division shall apply to floodplain permits, sitework permits, fence permits, outdoor sale and storage permits, mobile food service permits, tent permits, special event permits, parking lot permits, sign permits, outdoor eating area permits, accessory structure permits and access permits.

(Prior code 15.40.160, 15.40.170, 15.42.513, 15.44.100, 15.48.050, 15.48.060, 15.49.020, 15.50.020, 15.50.050; Ord. 32 §1, 2011)

Floodplain permits shall be processed in accordance with the Drainage Criteria Manual.

(Prior code Title 14, 2.44.090; Ord. 32 §1, 2011)

(a)

Sitework permits shall be processed in accordance with the Construction Site Management Manual.

(b)

No permit is required for landscaping activities for developed single family homes except under any of the following conditions:

(1)

The landscaping activity involves structures, patios, fences, walls, or creating berms;

(2)

The landscaping activity alters existing drainage paths;

(3)

The landscaping activity involves excavation or fill in excess of ten cubic yards (10 CY); or

(4)

The area to be landscaped or graded is one (1) acre or more in size.

(Prior code 15.40.160, 15.40.170, 15.42.513, 15.44.100, 15.48.050, 15.48.060, 15.49.020, 15.50.020, 15.50.050; Ord. 32 §1, 2011)

(a)

Description. A fence permit is required for the construction or erection of a fence, decorative monument, decorative wall or noise-attenuating structure in the City, pursuant to Article 21 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee.

(2)

A sketch or written description of the proposed fence, decorative monument, decorative wall or noise-attenuating structure, including, at a minimum, building footprints and dimensions, property lines, streets bordering the property, and the location and dimensions of existing and proposed fences, decorative monuments, decorative walls and noise-attenuating structures.

(c)

Additional submittal requirements for noise-attenuating structure. In addition to the requirements of Subsection (b) hereof, for a noise-attenuating structure, the applicant shall submit the following:

(1)

A list of names and addresses of those persons wishing to participate in the construction of the noise-attenuating structure, a map of the area and the name, address and telephone number of a contact person representing the persons listed;

(2)

An explanation of how the construction of the noise-attenuating structure will be funded;

(3)

A drawing and written description depicting the height, dimensions and materials to be used in constructing the noise-attenuating structure;

(4)

The report required by Section 16-21-380;

(5)

A landscape plan showing any new plantings proposed adjacent to the noise-attenuating structure;

(6)

A statement of maintenance responsibility for the noise-attenuating structure and landscaped area;

(7)

Evidence that the plans for the proposed noise-attenuating structure have been submitted to the homeowners' association, if any;

(8)

Evidence that the adjacent property owners will grant construction easements; and

(9)

Any other documentation deemed necessary by the City.

(d)

Issuance. The Director shall determine whether the application complies with this Chapter, and if so, shall issue the permit.

(e)

Private covenants. Issuance of a permit does not ensure that a fence, decorative monument, decorative wall or noise-attenuating structure meets any private covenant affecting the property. In some instances, applicable covenants are more restrictive than this Article, and property owners are advised to review the covenants affecting their property.

(Prior code 15.48.050, 15.48.060, 15.48.120; Ord. 32 §1, 2011; Ord. 03, § 2, 2023)

(a)

Description. A tent permit is required for the erection of a tent in the City pursuant to Article 24 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

The estimated number of attendees for each day and during peak periods;

(3)

Number of parking spaces to be displaced, and a plan for ensuring that adequate parking will be available for all attendees and other patrons, as applicable;

(4)

A description of how the tent will be secured;

(5)

A traffic control plan, if applicable;

(6)

A site plan, showing lot lines, proposed location of the tent, setbacks of the tent from lot lines, tent dimensions and proposed traffic and pedestrian circulation to and around the tent; and

(7)

Any other information deemed necessary by the Director.

(c)

Issuance. The Director shall determine whether the application complies with this Chapter and, if so, shall issue the permit.

(Prior code 15.80.010; Ord. 32 §1, 2011)

(a)

Description. A special event permit is required to hold a special event in the City pursuant to Article 24 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

Proof of liability insurance;

(3)

The estimated number of attendees for each day and during peak periods;

(4)

Number of parking spaces to be displaced, and a plan for ensuring that adequate parking will be available for all attendees and other patrons, as applicable;

(5)

A traffic control plan, if applicable;

(6)

A plan for trash disposal;

(7)

Hours of operation;

(8)

A description of all signage;

(9)

Location of restrooms;

(10)

A site plan, showing lot lines, structures and proposed traffic and pedestrian circulation; and

(11)

Any other information deemed necessary by the Director.

(c)

Issuance. The Director shall determine whether the application complies with this Chapter and, if so, shall issue the permit.

(Ord. 32 §1, 2011)

(a)

Description. A permit is required for the outdoor sale or storage of merchandise in the City pursuant to Article 24 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A written statement from the property owner, if different from the applicant, that the applicant is permitted to conduct the outdoor display or sales on the property; and

(3)

A site plan showing the locations of proposed points of access to the site, parking areas, fences, barriers and other temporary structures.

(c)

Issuance. The Director shall issue the permit if the Director finds:

(1)

That adequate parking exists for the proposed use and for other affected businesses;

(2)

That all electrical and other utility services are properly installed at the site; and

(3)

That the proposed use will not create a hazard or nuisance on the site or surrounding properties.

(Prior code 15.42.501; Ord. 32 §1, 2011)

(a)

Description. A mobile food service permit is required for mobile food service in the City pursuant to Article 24 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A written description of the nature of the mobile food service to be conducted by the applicant, including the type of food or beverages to be served;

(3)

A copy of a valid City sales tax license;

(4)

A description of the cart or other vending device from which food or beverages are to be served;

(5)

A statement indicating the distance of the proposed mobile food service location from the nearest occupied dwelling and school property;

(6)

Evidence of compliance with applicable health regulations; and

(7)

If the mobile food service is to be conducted on private property, a written statement signed by the property owner granting permission to conduct the mobile food service on the property.

(c)

Issuance. The Director shall determine whether the proposed location of the mobile food service is compatible with the public interest and the use of the public right-of-way, considering the width of the sidewalk and the public right-of-way, the location of adjacent buildings, the availability of adequate parking areas, the proximity of loading zones, and the presence of any other characteristics which may result in obstruction of the sidewalk or public right-of-way or in pedestrian or street congestion and, if so, shall issue the permit.

(d)

Revocation. If the Director determines that the presence of the mobile food service creates street congestion or is a threat to pedestrian or vehicle traffic safety, the permit may be revoked.

(Prior code 15.42.513, 15.04.408, 15.42.512; Ord. 32 §1, 2011; Ord. 34 §1, 2012)

(a)

Description. A parking lot permit is required to construct, stripe, reconstruct, restripe or resurface a parking lot in the City, pursuant to Article 21 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A site plan showing the proposed parking lot configuration; and

(3)

Any other information deemed necessary by the Director.

(c)

Issuance. The Director shall determine whether the parking lot permit application complies with this Chapter and, if so, shall issue the permit.

(Prior code 15.44.020, 15.44.100; Ord. 32 §1, 2011)

(a)

Description. A sign permit is required for certain signs in the City, pursuant to Article 21 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A site plan showing the proposed location of any sign requested under the permit;

(3)

A drawing and written description depicting the height and dimensions of the wall on which the sign is proposed to be affixed, if applicable;

(4)

Detailed illustrations of the requested signs, including dimensions, materials and illumination; and

(5)

Any other information deemed necessary by the Director.

(c)

Issuance. Within seven (7) days of receipt of the application, the Director shall determine whether the application complies with this Chapter and, if so, shall issue the permit.

(Prior code 15.46.060, 15.46.070, 15.46.170; Ord. 32 §1, 2011)

(a)

Description. An outdoor eating area permit is required for outdoor eating areas in the City pursuant to Article 21 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee; and

(2)

Site plan showing the location of all tables and chairs and the location of the physical barrier between the tables and chairs and the parking area, sidewalk or roadway.

(c)

Issuance. The Director shall determine whether the application complies with this Chapter and, if so, shall issue the permit.

(Prior code 15.04.497, 15.42.500, 15.42.501; Ord. 32 §1, 2011)

(a)

Description. An accessory structure permit is required for the erection in the City of an accessory structure with a footprint greater than fifty (50) square feet but less than one hundred twenty (120) square feet, pursuant to Article 22 of this Chapter.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A statement concerning the proposed use of the accessory structure;

(3)

A plan showing the proposed location of the accessory structure in relation to the property lines and other structures on the property; and

(4)

A sketch or written description of the dimensions and type of the accessory structure.

(c)

Issuance. The Director shall determine whether the application complies with this Chapter and, if so, shall issue the permit, provided that issuance of an accessory structure permit shall not constitute approval of the structural integrity of the accessory structure.

(Prior code 15.82.010, 15.82.030; Ord. 32 §1, 2011)

(a)

Description. An access permit is required for the construction and maintenance of any access approach, driveway or curb cut in the City.

(b)

Submittal requirements. The application shall include the following:

(1)

Application form and fee;

(2)

A site plan showing the proposed location of the access approach, driveway or curb cut; and

(3)

A traffic control signage plan, if applicable.

(c)

Issuance. The Director shall determine whether the application complies with this Chapter and whether the proposed access approach, driveway or curb cut is safe for persons or vehicles in the vicinity of the proposed access approach, driveway or curb cut and, if so, shall issue the permit.

(d)

Safety requirements. In making this determination, the Director shall consider the following factors:

(1)

Whether the street to which access is sought is residential or commercial in character;

(2)

Whether the proposed access approach, driveway or curb cut would cross a sidewalk;

(3)

Whether drivers of vehicles using the proposed access approach, driveway or curb cut would have difficulty in seeing pedestrians or other vehicles in the vicinity;

(4)

Whether pedestrians or the drivers of other vehicles would have difficulty in seeing vehicles using the proposed access approach, driveway or curb cut;

(5)

Whether the proposed access approach, driveway or curb cut would result in increased noise, dirt, smoke or fumes in the vicinity of the proposed access approach, driveway or curb cut;

(6)

Whether the property for which an access approach, driveway or curb cut is proposed is already served by an existing access approach, driveway or curb cut;

(7)

Whether parking is permitted on the street to which access is proposed;

(8)

The width of the street to which access is sought;

(9)

The posted speed limit on the street to which access is sought;

(10)

The distance of the proposed access approach, driveway or curb cut from the curb line of the nearest street which intersects the street to which access is proposed; and

(11)

The proximity of the proposed access approach, driveway or curb cut to residential neighborhoods and schools.

(Prior code 15.50.030; Ord. 32 §1, 2011)

The following tables set forth the submittal requirements, review process and noticing requirements for land use within the City:

SUBMITTAL REQUIREMENTS

X = Required - Requirements may be waived upon a determination by the Director that the material would not be appropriate or necessary for the specific application. Requests shall be made in writing.

REVIEW PROCESS

X = Required

* = Exception: Following the approval of a Special Use Permit for a safehouse, the City Clerk shall remove or excise all information concerning the location of the safehouse from every document in the possession of the City. The City Clerk shall not record such Special Use Permit with the Arapahoe County Clerk and Recorder.

NOTICING REQUIREMENTS

*  Not less than 15 days before an initial scheduled public hearing.

** Not less than 30 days before an initial scheduled public hearing - certification must be presented prior to convening hearing.

*** Publish 14 days after the approval of a site specific development plan.

(Ord. 32 §1, 2011; Ord. 2, 2014)

Editor's note— This table was updated per administrative changes dated August 17, 2017 and July 18, 2018.