(A)

All land use/development applications must be reviewed and approved in accordance with the review process and standards set forth in this Chapter. The chart set forth in Section 9-4-2 establishes the required review steps and notice requirements applicable to different forms of land use review. Applicants seeking land use/development approval should refer to the chart to determine which one (1) or more "Approval Requested" under the left-hand column of the chart apply to the proposed development. The required stages of review and accompanying notice requirements are shown on the lines to the right. Submission requirements and the specific review process and notice requirements are set out in detail in the balance of this Chapter under the appropriate headings.

(B)

The Planning and Zoning Commission, Board of Trustees, Town staff or Board of Adjustment may require the submission of any plan, study, survey or other information, in addition to that specified in this Chapter and at the applicant's expense, as such body or individual may determine necessary to enable it to review and act upon the application in order to determine whether the application complies with the requirements of this Chapter.

(C)

Protest to changes; supermajority. If a written protest against any proposed change in this Title or in the zoning classification of any property is filed with the Town Clerk at least twenty-four (24) hours before the Board of Trustees votes on the same, and such protest is signed by the owners of twenty percent (20%) or more of the property proposed for rezoning or of the area of land located within one hundred (100) feet of any part of such property, disregarding intervening public streets and alleys, such change shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Trustees.

Key:

A  = Administrative review

C  = Certificate of notice to mineral estate owners

H  = Public hearing

PO = Posting notice on the property

PU = Publication of notice in a newspaper of general circulation

L  = Letter notice to adjacent or other specified property owners

N/A = Not applicable

(Ord. 2009-7:1/367)

(A)

At the time of application for any land use/development review and prior to any review, the applicant shall pay to the Town the fee necessary to cover the administrative and review costs for each project requiring review. The fees shall be used by the Town for consulting, legal expenses, public notice and hearing expenses, and administrative and supervisory expenses or other costs incurred in review of any land use application. The amount of the fee for each type of application shall be determined by the Board of Trustees and adopted by resolution, as may be amended from time to time. The Town and its boards, commissions and departments shall be exempt from payment of such review fees.

(B)

Review fees shall include the costs of any special reviews by engineering, legal, technical, scientific and other expert personnel not employed by the Town on a full-time regular basis to review land use applications. When the Town utilizes such independent expert review, the expense thereof ("supplemental fees") shall be added to the application fees and billed to the applicant. Such supplemental fees shall be paid within ten (10) days of the date of the Town's invoice to the applicant. Payment of such supplemental fees shall be a precondition for the granting of all permits or approvals requested by the applicant, and failure to pay review fees and supplemental fees shall be reason for denial of the application or suspension of review of the application until such time as the reviews fees and supplemental fees are paid to and received by the Town.

(A)

Purpose. The Board of Trustees may, from time to time, on its own motion or on petition by any property owner, after notice and public hearings as provided by law and in accordance with the procedures and requirements set forth in this Chapter, amend, supplement or change the Zoning Map; provided that, where land is sought to be rezoned in a proposal other than by the Board of Trustees, the person petitioning for rezoning shall have record title ownership interest in the subject property.

(B)

Submittal requirements for rezoning petitions.

(1)

Application. Any request to establish or change zoning for specific property shall be filed with the Town Clerk/Treasurer and shall be signed by the owners of one hundred percent (100%) of the property proposed for rezoning, exclusive of public streets and alleys. Such application shall furnish or provide at a minimum the following information:

(a)

A certified survey and legal description of the property by a registered land surveyor or professional engineer;

(b)

A list of the names and addresses of all owners of property within the area proposed for zoning, together with a legal description of the property within such area owned by each such owner;

(c)

Proof of ownership of the property as evidenced by a title insurance policy or commitment issued within six (6) months from the date of application;

(d)

A statement of the present zoning of the property proposed for zoning;

(e)

A statement of the type of zoning and uses sought by the petition;

(f)

A narrative summary of the existing uses within the property proposed for zoning;

(g)

A list of the names and addresses of the owners of all properties within two hundred (200) feet of the exterior boundaries of the property proposed for zoning, disregarding intervening public streets and alleys; and

(h)

Any additional information as may be required by the Town, by specific requirements set forth in this Title, or necessary to adequately review the application.

(2)

Approval criteria. Before a change of zone may be approved, the applicant shall show and the Planning and Zoning Commission and Board of Trustees shall find that the proposed zoning meets all of the following requirements:

(a)

That the proposed zoning is in conformity or will bring the property into conformance with the Hot Sulphur Springs Master Plan or reflects conditions that have changed since adoption of the Master Plan;

(b)

That there have been material changes in the character of the neighborhood due to installation of public facilities, other zone changes, new growth trends or development transitions that justify a change in the zoning;

(c)

That the proposed zoning will tend to preserve and promote property values in the neighborhood;

(d)

That development of the property in accordance with the proposed zoning will be in harmony and compatible with surrounding land uses and present development in the area;

(e)

That the property cannot be reasonably used and developed as presently zoned;

(f)

That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems or seriously reducing light and air to adjacent properties;

(g)

That the proposed zoning will otherwise promote the public welfare; and

(h)

That denial of the proposed zoning would not preclude any reasonable economic use of property.

(C)

Planning and Zoning Commission review. The Town Clerk shall not schedule administrative review at a public meeting before the Planning and Zoning Commission until a rezoning petition is complete and contains all of the information required in Paragraph (B)(1) above. Upon receipt of a complete application, the Town Clerk shall schedule a Planning and Zoning Commission meeting on the application, to be held within sixty (60) days of receipt of the complete application and the Town Clerk shall notify the applicant by certified mail to appear in support of said application. Within sixty (60) days of acceptance of a completed application, or by request for consideration of an amendment by the Board of Trustees, the Planning and Zoning Commission shall consider, by administrative review, the proposed rezoning petition. Upon completion of its consideration of the request, the Planning and Zoning Commission shall prepare and transmit, within thirty (30) days, its written recommendations concerning the same to the Board of Trustees. The Planning and Zoning Commission may recommend approval, approval subject to reasonable conditions or denial. Reasonable conditions of approval necessary to mitigate negative impacts of the proposed zoning may include, but are not limited to, restricting the types of permitted uses.

(D)

Board of Trustees review.

(1)

Notice of public hearing. Upon receipt of the recommendations of the Planning and Zoning Commission, a public hearing on the proposed petition shall be scheduled before the Board of Trustees. It shall be the responsibility of the applicant, not less than thirty (30) days prior to the date scheduled for the hearing, to publish notice thereof in a paper of general circulation in the Town. The applicant shall mail a written notice of said hearing by certified mail, return receipt requested, at least fifteen (15) days prior to the hearing date, to all the owners of all properties within two hundred (200) feet of any part of the property proposed for zoning, disregarding intervening public streets and alleys. At least fifteen (15) days prior to the hearing, the applicant shall also post notice of said hearing on the property frontages. Every form of notice shall state the time, date and location of the public hearing, the location of the property and the nature of the zoning request. At least three (3) days before the hearing, the applicant shall also provide the Town with a completed Certificate of Notice to Mineral Estate Owners.

(2)

Public hearing. The public hearing before the Board of Trustees shall afford the Town staff and the applicant, as well as all other interested persons, an opportunity to be heard. The applicant bears the burden of establishing that the requested zoning meets all of the criteria set forth in Paragraph 9-4-4(B)(2). The public hearing may be continued to a time and date certain where the Board of Trustees requires additional information or upon request of the applicant as approved by the Board of Trustees.

(3)

Decision. Within thirty (30) days of the public hearing on the requested rezoning, the Board of Trustees shall approve, approve with conditions or disapprove the rezoning request, stating its reasons for such action. The Board of Trustees may impose reasonable conditions of approval necessary to mitigate negative impacts of the proposed rezoning, including but not limited to restricting the types of permitted uses. If the Board of Trustees fails to act within thirty (30) days, the requested rezoning shall be deemed granted.

(A)

Purpose. The following provisions establishing the procedure for review and approval of special use permits within the Town shall be for the purpose of permitting discretionary special uses in those zone districts where such uses may be appropriate and compatible with existing uses, if properly designed, developed, operated and maintained, and any adverse or undesirable impacts can be mitigated. There is no presumption that a special use is compatible with other uses in the zone district or that such use will be approved in every instance for the zone district in which it is permitted. All special uses shall conform to the minimum development standards and bulk requirements of the zone district in which the use is located, unless otherwise specified in the conditions of approval imposed by the Board of Trustees.

(B)

Procedure for applications for special use permits.

(1)

Application requirements. In addition to the general requirements for special use permits set forth in Section 2-1-6 of this Code, in cases involving applications for a special use permit, the owner of property for which a special use permit is sought shall submit an application to the Town Clerk, which application shall contain at a minimum the following information:

(a)

Written description of the proposed use in sufficient detail to allow review and analysis of the operation and its potential impact on the existing surrounding neighborhood;

(b)

Current evidence of title, including a title insurance policy or commitment, demonstrating that the applicant has a legal interest in the property. Such evidence of title shall include a complete and accurate legal description of the property and a certified survey;

(c)

A site plan of the property involved, drawn to scale, showing dimensions and all significant features. including the location of existing and/or proposed buildings and other structures, parking areas, fences, walls, proposed public improvements, means of ingress and egress and landscaping;

(d)

A list of the names and addresses of all owners of property within two hundred (200) feet of the exterior boundaries of the property which is the subject of special use review; and

(e)

Any additional information as may be required by the Town or by specific requirements set forth in this Title, or necessary to adequately review the application.

(2)

Review by Planning and Zoning Commission. The Town Clerk shall not schedule an administrative review at a public meeting before the Planning and Zoning Commission until a special use application is complete and contains all of the information required in Paragraph (B)(1) above. Upon receipt of a complete special use permit application, the Town Clerk shall schedule a Planning and Zoning Commission meeting on the application, to be held within sixty (60) days after receipt of a complete special use application, and the Town Clerk shall notify the applicant by certified mail to appear in support of said application. Within sixty (60) days of acceptance of a completed special use permit application, the Planning and Zoning Commission shall consider, by administrative review, the proposed special use permit application. Upon completion of its request, the Planning and Zoning Commission shall prepare and transmit, within thirty (30) days, its written recommendations concerning the same to the Board of Trustees. The Planning and Zoning Commission may recommend approval, approval subject to reasonable conditions or denial. Reasonable conditions of approval necessary to mitigate impacts of the proposed special use may include, but are not limited to, restricting the types of permitted uses.

(3)

Board of Trustees review.

(a)

Notice of public hearing. Upon receipt of the recommendations of the Planning and Zoning Commission, a public hearing on the proposed special use permit application shall be scheduled before the Board of Trustees. It shall be the responsibility of the applicant, not less than thirty (30) days prior to the date scheduled for the hearing, to publish notice thereof in a paper of general circulation in the Town. The applicant shall mail a written notice of said hearing by certified mail, return receipt requested, at least fifteen (15) days prior to the hearing date, to all the owners of all properties within two hundred (200) feet of any part of the property proposed for the special use permit, disregarding intervening public streets and alleys. Every form of notice shall state the time, date and location of the public hearing, the location of the property and the nature of the special use permit application. At least three (3) days before the scheduled public hearing, the applicant shall provide the Town with a completed certificate of notice.

(b)

Public hearing. The public hearing before the Board of Trustees shall afford the Town staff and the applicant, as well as other interested persons, an opportunity to be heard. The applicant bears the burden of establishing that the requested special use permit meets all the criteria set forth in Subsection 9-4-5(C). The public hearing may be continued to a time and date certain where the Board of Trustees requires additional information or upon request of the applicant as approved by the Board of Trustees.

(c)

Decision. Within thirty (30) days of the public hearing on the requested special use permit application, the Board of Trustees shall approve, approve with conditions or disapprove the special use permit, stating its reasons for such action. The Board of Trustees may impose reasonable conditions of approval necessary to mitigate negative impacts of the proposed special use, including but not limited to restricting the types of permitted uses. If the Board of Trustees fails to act within thirty (30) days, the requested special use permit shall be deemed granted.

(C)

Criteria for approval. A use may be permitted by special review if the applicant shows and the Planning and Zoning Commission and Board of Trustees find that the proposed use meets all of the following requirements:

(1)

That all existing criteria for minimum lot area, setbacks, maximum building height, permitted signs and parking are met;

(2)

That the proposed use will not change the predominant character of the neighborhood and will be compatible with the surrounding area;

(3)

That the proposed use will not result in an over-intensive use of land;

(4)

That the proposed use will not require a level of community facilities and services greater than what is available;

(5)

That the use will not result in undue traffic congestion or hazard;

(6)

That there will not be significant air, odor, water or noise pollution caused by the proposed use;

(7)

That the use will be adequately landscaped; and

(8)

That the use will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the Town.

(D)

Specific special use regulations. Special uses permitted pursuant to these regulations shall conform to the following requirements:

(1)

Self-storage facility or mini-storage in the Business Zone District:

(a)

Permitted locations. Self-storage facilities or mini-storage uses are permitted only by special use permit in the Business Zone District.

(b)

Conditions. Uses not related to the short-term storage of household items, recreational vehicles and equipment and nonhazardous, nonperishable durable goods are prohibited at self-storage or mini-storage facilities. This includes, but is not limited to, automobiles and heavy equipment storage; storage of volatile, flammable and hazardous items, perishable goods or animals; and use as a residence, office, workshop, studio or place of business. Electrical service to individual units must be for lighting and climate control only. Electrical outlets must not be provided in individual units. Any proposed outdoor storage of automobiles or recreational vehicles must be totally screened from public view or adjacent properties. The Town reserves the right to send out applications for use by special review to applicable reviewing agencies to determine compliance with the regulations over which such agencies have jurisdiction and to make appropriate recommendations based on such review.

(c)

Architectural theme. Architectural details must relate to an overall architectural theme. Facilities shall be designed consistent with the dominant theme of surrounding buildings or any Town design standards. Bright primary colors are prohibited on buildings, regardless of corporate standards or preferences. Earthen-tone colors shall be utilized.

(d)

General architectural requirements. Buildings must include design elements such as columns, ribs or pilasters, piers and patterns to prevent a utilitarian, industrial, warehouse-like appearance. Wood, composite or synthetic accents are encouraged. Unit doors must be screened or sited so they are not visible from the street or residential properties. Unit doors must be integrated into the overall design theme of the site through color and texture.

(e)

Roof design. Buildings must include pitched roofs with a high quality surface such as architectural shingles or seam metal. Flat roofs are prohibited. Roofs must have overhanging eaves extending past the building wall.

(f)

Landscaping. Landscaping and berming must be provided to screen storage buildings and any outside storage areas from the public right-of-way and adjacent residential zoning districts. A landscape and irrigation plan must be provided.

(g)

Circulation and stacking. Twenty percent (20%) of the units must be accessible to a full-sized moving truck. Drive aisles must be at least twenty-four (24) feet wide when vehicular access is provided between buildings with opposing storage access. All drive aisles and unit access points must be surfaced in impervious or permeable pavement. Units and drive aisles must be sited so a vehicle parked at a unit cannot trap another vehicle and prevent it from leaving the facility. Parking spaces must not be located in the street yard.

(h)

Signs. Signs must comply with Section 9-7-2 of this Title.

(i)

Fencing and screening. Perimeter fencing, security fencing and entry gates must be constructed of attractive materials that are compatible with the design and materials used throughout the site. Acceptable fencing types, including wood, masonry, decorative metal and wrought iron, are encouraged. Barbed wire, stockade fencing, cinder block, precast concrete and chain link fencing are prohibited.

(j)

Outdoor lighting. Night lighting and security lighting must be sensitively designed and directed downward to ensure that no off-site glare is directed to neighboring parcels and that the overall intensity of the site lighting is not excessive. Excessive night security lighting is discouraged, and other security measures should be considered. Building-mounted lighting must be used instead of freestanding light poles wherever possible. When a self-storage facility is adjacent to a residential use, lights must be turned off between 9:00 p.m. and 6:00 a.m.

(k)

Snow storage and drainage. A snow storage and drainage plan shall be provided. The drainage plan must comply with any and all design and construction standards of the Town, including, but not limited to any drainage standards. All drainage shall not impact adjacent properties. Snow storage areas must be at least twenty-five percent (25%) of all impervious surfaces (driveways, access and parking).

(2)

Shelter house in the Business Zone District.

(a)

On-street parking is prohibited. All parking shall be provided on site and shall not encroach onto adjacent or neighboring properties.

(b)

Snow storage. Adequate snow storage shall be provided on site and shall not encroach onto adjacent or neighboring properties.

(c)

Outdoor lighting. Night lighting and/or security lighting must be sensitively designed, shielded and directed downward to minimize off-site glare to adjacent or neighboring properties. All security lighting shall be on a motion detector and/or sensor.

(d)

Fencing. Perimeter fencing, security fencing and/or entry gates must be constructed of attractive materials that are compatible with the design and materials used throughout the site. Acceptable fencing types include wood, masonry, decorative metal and wrought iron. Barbed wire, stockade fencing, cinder block, pre-cast concrete and chain link fencing are prohibited.

(e)

Property maintenance. The property shall be appropriate maintained in a proper manner, including but not limited to: the exterior of the dwelling, landscaping, driveway and parking.

(f)

Management. The use and property shall be properly supervised. A daily record of all occupants, as well as any approved visitors, shall be maintained. The use shall have proper security. An emergency plan shall be provided and made available for all adjacent or neighboring properties, along with twenty-four-hour contact information of each party responsible for the property and use.

(g)

Occupancy. The maximum number of persons or occupants housed in the dwelling shall be provided.

(h)

Housing duration. The maximum number of days an occupant may be housed in the dwelling (housing duration) shall be provided.

(E)

Conditions of approval. The Planning and Zoning Commission may recommend, and the Board of Trustees may require, as a condition of approval of a special use permit, any conditions necessary to improve or modify the site plan; any conditions necessary to ensure that any negative impacts of the proposed use are eliminated or mitigated; any conditions necessary to ensure that the proposed development or use will be commenced and fully completed in a timely fashion; and any other reasonable conditions necessary to mitigate impacts of the use.

(F)

Recording special use permits. Upon approval by the Board of Trustees of an application for a special use permit, the Town shall issue the special use permit and the Town Clerk shall file the original special use permit with the County Clerk and Recorder. Before the special use permit is issued, the applicant shall pay all costs and expenses to be incurred by the Town in recording the permit.

(Ord. 2009-7:1/367; Ord. 2009-7:2/368; Ord. 2010-10:1/377; Ord. 2011-6-1-382 §3)

(A)

Amendment proposals. Requests or proposals to amend, modify, supplement or repeal the zoning regulations set forth in this Title may be initiated by the Board of Trustees, Planning and Zoning Commission or Board of Adjustment.

(B)

Planning and Zoning Commission. Any proposal to amend the text of this Title shall be in writing and referred to the Planning and Zoning Commission for its consideration by administrative review within thirty (30) days of receipt of such proposal. A recommendation to approve, to modify or to deny the proposal shall be rendered by the Planning and Zoning Commission within thirty (30) days of such referral. Failure to make a recommendation to the Board of Trustees within thirty (30) days shall be deemed a recommendation for approval without comments.

(C)

Board of Trustees. Upon receipt of the Planning and Zoning Commission's recommendation, the Board of Trustees shall consider the zoning text amendment at a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing.

(D)

Approval criteria. All amendments to the zoning regulations shall be accomplished by ordinance, following the Town's standard ordinance adoption procedures. The Board of Trustees shall approve, approve with modifications or deny the ordinance based on whether the proposed amendment is consistent with and advances the general health, safety and welfare are of the Town and its residents.

(A)

Purpose. The purpose of this Section is to establish a uniform procedure for the vacation of interests in right-of-way owned or otherwise held by the Town in accordance with Part 3 of Article 2 of Title 43, C.R.S. Street right-of-way vacations shall be accomplished by ordinance.

(B)

Vacation by ordinance. Applications for vacation of right-of-way by ordinance may be initiated by the Board of Trustees or a property owner whose property is contiguous to or served by the right-of-way sought to be vacated. The application shall include the following items:

(1)

Legal description of the proposed right-of-way or portion thereof to be vacated, prepared, signed and sealed by a land surveyor registered in the State;

(2)

Name and mailing address of all property owners adjacent to or otherwise affected by the vacation;

(3)

A copy of the original, recorded conveyance document in which the right-of-way was dedicated and conveyed for public purposes;

(4)

The reasons for the request for vacation, a description of the planned use of the right-of-way proposed for vacation and description of the means of access to all properties affected by the proposed vacation.

The Board of Trustees may modify or waive all or any requirement of an application or request additional information deemed necessary by the Town to permit the Town's review of the merits of the right-of-way vacation.

(C)

Approval criteria. Before a right-of-way vacation is approved, the applicant shall show and the Planning and Zoning Commission and Board of Trustees shall find:

(1)

That the proposed vacation will not leave any adjoining land without access to an established public right-of-way or private access easement connecting such land to another established public right-of-way;

(2)

That the proposed vacation is in conformity with the Town's Comprehensive Plan;

(3)

That the proposed vacation will not have a negative impact on the infrastructure of the Town; and

(4)

That adequate easements have been reserved for use and/or maintenance by the Town or other utility agencies.

(D)

Planning and Zoning Commission review. Upon receipt of a complete application, the application shall be scheduled for administrative review by the Planning and Zoning Commission at its next scheduled meeting. The Planning and Zoning Commission shall make a recommendation to the Board of Trustees to approve, approve with conditions or deny the application. The Planning and Zoning Commission may impose conditions of approval when necessary or desirable to protect the public health, safety and welfare.

(E)

Board of Trustees review. The Board of Trustees shall review and decide upon all requests for right-of-way vacations. Vacations shall be approved by passage of an ordinance, following the Town's standard ordinance adoption procedures.

(1)

Notice of public hearing. It shall be the responsibility of the applicant, not less than fifteen (15) days prior to the date scheduled for the hearing, to publish notice thereof in a paper of general circulation in the Town. The applicant shall mail written notice of said hearing by certified mail, return receipt requested, at least fifteen (15) days prior to the hearing date, to all adjacent property owners. At least fifteen (15) days prior to the hearing, the applicant shall also post notice of said hearing within or near the right-of-way proposed for vacation. Every form of notice shall state the time, date and location of the public hearing, the location of the right-of-way to be vacated and the nature of the vacation request.

(2)

Public hearing. The public hearing before the Board of Trustees shall afford the Town staff and the applicant, as well as all other interested persons, an opportunity to be heard. The applicant

bears the burden of establishing that the proposed vacation meets the criteria as set forth in Subsection (C) hereof.

(3)

Decision. Following the conclusion of the public hearing, the Board of Trustees shall either reject or approve the ordinance as it may be amended by the Board of Trustees. The Board of Trustees may continue the public hearing as necessary to ensure that sufficient information is prepared and made available to the Board of Trustees regarding the proposed vacation and the vacation's impact on the Town. The Board of Trustees shall base its decision upon all the evidence presented, based on the criteria for review as set forth under Subsection (C) hereof.

(F)

Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by Section 43-2-301, et seq., C.R.S., as may be amended from time to time.