The intent of this Article is to identify the different types of development applications and processes which are subject to the review procedures set forth in this Article.

(Ord. No. 19, §2(Exh. A), 2019)

This Article shall apply to applications for Annexations, Certificates of Appropriateness, Conditional Uses, Planned Unit Developments, Preapplication Meetings, Rezonings, Site Plans, and Variances.

(Ord. No. 19, §2(Exh. A), 2019)

Notwithstanding any provision of this Chapter to the contrary, any project for which the City is the applicant may be reviewed and processed administratively by the City Administrator when the project meets all applicable substantive requirements of this Chapter. In the event a City project fails to meet all such requirements, application for the same shall be reviewed and processed as generally required by this Chapter.

(Ord. No. 19, §2(Exh. A), 2019)

Following completion of development processes, no structure shall be erected or altered, used or occupied until a permit for such erection or alteration, use or occupancy has been issued by the City.

(Ord. No. 19, §2(Exh. A), 2019)

Any application for a development process shall be accompanied by the deposit of a sum to be determined by the City to ensure payment of the City's costs incurred in processing the application and an executed agreement by which the applicant agrees to replenish the deposit when requested by the City and to pay on a monthly basis all costs incurred by the City in processing the application. The City Clerk shall send the applicant a statement of costs incurred by the City after completion of the process. Costs chargeable hereunder include, but are not limited to, publication costs, postage costs, recording fees, attorney's fees, engineering fees, planning fees, administrative costs and other professional fees. Any amount of the deposit not expended will be refunded by the City within forty-five (45) days after the applicant's withdrawal of the application or petition, or the City's final action on the application.

(Ord. No. 19, §2(Exh. A), 2019)

The City may establish fees to be imposed upon development projects for the purpose of mitigating the impact that the development projects have upon the City's ability to provide specified public facilities. Monies collected shall be utilized to pay for growth-related improvements, facilities and equipment in the general functional area of parks, fire, police, municipal facilities, recreation, transportation, and storm water management. Operation, maintenance or replacement costs are specifically excluded from eligibility for these funds.

(Ord. No. 19, §2(Exh. A), 2019)

To ensure that residential development provides a range of housing opportunities for all identifiable economic segments of the population, including households of low-and moderate-income, as part of any residential project the City may require a certain percentage of affordable units be set aside, or establish fees in lieu thereof. The requirements will be set by the City Council and implemented as part of the development impact fee schedule.

(Ord. No. 19, §2(Exh. A), 2019)

If a proposed development, may in the reasonable judgment of the City, require the construction of any public improvements, the application shall be referred to the City Planner and the Public Works Department who shall, in accordance with the provisions of this Code as well as the Standards and Specifications for Design and Construction, determine the nature and extent of any and all public improvements required, and make adequate provision for the design, construction and dedication thereof.

(Ord. No. 19, §2(Exh. A), 2019)

The review and decision processes for development applications are either Administrative or through a Public Hearing. The Required Decision Making Process for Development Applications table (below) outlines which review process is required for each development application.

(A)

Administrative. The City Administrator shall review the application for completeness as indicated by the required documents for each process in Table 21-92-1: Submittal Requirements by Development Process. If the application is found to be incomplete, it shall be returned to the applicant along with a list of items required for completion. Upon determining that the application is complete, the City Administrator may distribute and refer a copy of the application to public agencies, City departments and County departments for their review and comment. Each public agency, City department and County department receiving a copy of the application materials may, within fourteen (14) days after receipt, forward written reports of its findings and recommendations to the City. Failure of any reviewing agency or department to respond within the allotted time may be deemed as a response that the agency or department has no comment on the application and submission documents. Failure to submit a written report to the City shall not be deemed as approval or acceptance of the proposed application by such agency. Reports received by the City after the allotted referral time may but need not be accepted by the City.

(1)

Within seven (7) days of the completion of the fourteen (14) day referral process, if the City Administrator determines that the application complies with all City requirements, and that any adequate provision for impact fees or the construction of any necessary public improvements has been made, they shall approve the application. If there are still outstanding issues after the completion of the administrative review and referral process, staff may recommend another review and referral process.

(B)

Public Hearing. The administrative review and referral process listed in Section 21-81 (A) shall be followed.

(1)

Within seven (7) days of the completion of the administrative review and referral process, or at the written request of the applicant, the City Administrator shall schedule the application for presentation at a public hearing. Notice of said hearing shall be provided as indicated in the Required Public Notification by Development Process Table provided in this Article. Staff shall prepare a written report of the City's findings and recommendations to submit to the decision making body, a copy of which shall be promptly provided to the applicant. At the public hearing, the decision making body will review the application for conformance with the review criteria as listed in each development process, and hear recommendations of City staff as well as any public testimony. All evidence and testimony shall be presented publicly. The decision making body may postpone or continue any hearing for the purpose of obtaining additional information necessary to render a final decision on the application. The decision making body shall approve, disapprove or conditionally approve the application.

(a)

If the decision making body is not the final decision making body as indicated in the Required Decision Making Process for Development Applications table below, it shall forward its recommendations, along with the recommendations of staff, to City Council. When a hearing in front of the City Council is required, the City Council is always the final decision making body.

(b)

The City Council may remand an application to the Planning Commission for additional findings or to obtain further evidence.

(2)

Conditional approval.

(a)

The decision making body may impose reasonable conditions on the approval of the application which are deemed necessary or desirable:

(1)

To ensure that the development will not injure the health, safety or welfare of the public;

(2)

To ensure that the development will conform to the review criteria for approval.

(3)

Conditions may include, but shall not be limited to, the imposition of development standards and requirements applicable to the operation, location, arrangement, use and construction of any development, including standards which protect adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

(b)

If the decision making body conditionally approves the application, the conditions shall become part of any subsequent development process.

(1)

Failure to conform to any condition imposed upon the approval of a development application shall constitute a violation of this Chapter and may be prosecuted or abated in the same manner as any other violation hereof.

(Ord. No. 19, §2(Exh. A), 2019)

Table 21-82-1 indicates the following required review steps for each development process. See Section 21-100. for a description of each development process.

Begin Process ⇒                           End Process ⇒

¹ HPRC = Historic Preservation Review Commission

² All Ordinances, other than emergency ordinances, require a first and second reading by Council.

(Ord. No. 19, §2(Exh. A), 2019)

Table 21-85-1. indicates the required public notification for each development process. (See below for a description of each notification process.)

³ For Annexations, a copy of the notice must be delivered by registered mail to the board of county commissioners county attorney, special districts, and school districts in which the area to be annexed is located at least twenty-five (25) days prior to the hearing.

⁴ Annexation publication must occur four (4) consecutive weeks in a row, with the last publication being no less than seven (7) days prior to the City Council hearing.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 12, §2, 2020)

Development process notification requirements include: 1) community meetings: 2) notification mailings: 3) sign postings: and 4) newspaper publications.

(A)

Community Meeting.

(1)

Community meetings are required at the beginning stage of the design process. The applicant is required to present the project proposal to the neighborhood prior to the submission of a formal application.

(2)

The community meeting is intended to solicit and document input on the proposed project prior to commencing formal design. The meeting results may be used to modify the project's conceptual design and, if no changes are made to the proposal based upon input heard or submitted at the meeting, the applicant shall explain why neighborhood and community input did not generate any design modifications.

(B)

Notification mailings.

(a)

The City shall provide to the applicant the names, street and mailing addresses of all property owners within three hundred (300) feet of the subject property as their names and addresses appear in the records of the County. Such mailing shall occur by a certificate of mailing and shall occur at least fourteen (14) days prior to the community meeting or public meeting. The applicant shall provide receipt of mailing to the City. Letter shall contain the name of the applicant, the address of the property, a description of the proposal, a vicinity map, and date(s) of any community meetings or public hearings.

(C)

Sign posting.

(1)

Signs, provided by the City, will be posted on each boundary of the property having frontage on either a public or private street/road. The provision for posting along public streets/roads shall not apply to freeways, unless the freeway has a frontage road on which the requirements will apply. If the property does not have any street/road frontage at the time of posting, then a minimum of one (1) sign must be posted on the property at the location most visible to the general public. If the Case Manager determines that the signs required to be posted on the property would not be readily seen by the general public, then he/she may require the posting of off-site signs, in the number and location deemed appropriate. Signs shall be posted at least fourteen (14) days in advance of the public hearing and shall remain posted until the final public meeting has occurred.

(a)

Signs shall contain the address of the property, a description of the proposal, the time, date and location of the public meeting, and contact information for the City representative.

(D)

Newspaper publication.

(1)

The City shall set and publish notice of a date, time and place for a hearing before the City Council on said application. Such notice shall be published once in a newspaper of general circulation in the City, not less than fourteen (14) nor more than thirty (30) days before the date set for hearing with the final decision-making authority. Annexation publication must occur four (4) consecutive weeks in a row, with the last publication being no less than seven (7) days prior to the City Council hearing.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

The Submittal Requirements by Development Process table (below) indicates the required submittal requirements for each development process. The City Administrator may waive -125submittal materials or parts of submittal materials when it is determined that the materials are not pertinent or necessary for a complete submittal.

(B)

In addition to complying with these regulations, at time of building permit, proposed developments may be required to be accompanied by construction plans, grading plans, drainage plans and similar items that meet the City of Idaho Springs Standards and Specifications for Design and Construction, Subdivision Regulations, and other applicable provisions.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Annexation Map. The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State. Maps shall be neat, clear, permanent, legible and reproducible documents. Inaccurate, incomplete or poorly drawn maps shall be rejected. The Annexation Map shall contain the following:

(1)

Proposed title of the annexation.

(2)

Size of area to be annexed, including roadways (in acres)

(3)

Vicinity map. A map of the City and adjacent territory that shows the present and proposed boundaries of the City in the vicinity of the proposed annexation, drawn to scale.

(4)

Written legal description of the boundaries of the annexation area (including full width of adjacent rights-of-way, if not already annexed into the City).

(5)

Boundary of the area proposed to be annexed.

(6)

Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks;

(7)

Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed along with the calculation of the contiguity.

(8)

North arrow and graphic scale.

(9)

Surveyor's Certificate.

(10)

City acceptance and notary blocks.

(B)

Application.

(1)

A completed development application form as provided by the City.

(C)

Architectural elevations. A scaled architectural drawing in color which includes the following, as applicable.

(1)

Building materials and roofs, doors, and windows.

(2)

Changes in building plane.

(3)

Building heights.

(4)

Location and screening of mechanical equipment.

(5)

Materials boards upon request from staff.

(6)

Architectural Elevations as part of Planned Development. Architectural elevations submitted as part of a Planned Development should provide sufficient detail in terms of architectural style, materials and massing as to determine the design generally conforms to the intent of the PD during the final development plan process.

(D)

Boundary Survey.

1.

A boundary and improvements survey of the property(ies), prepared and certified by a land surveyor licensed in the State of Colorado, on eight-and-one-half-inch by eleven-inch (8 1/2" x 11") paper suitable for use as an attachment to an ordinance.

(E)

Concept plan.

(1)

A basic site plan demonstrating conceptual locations, structures and improvements proposed as part of the development.

(2)

Setbacks of structures from property lines.

(3)

Significant natural or man-made features, whether existing or proposed, within and adjacent to the property.

(4)

Existing zoning district classifications of the property and adjacent properties. A vicinity map indicating the general location of the property within the City.

(F)

Cover letter.

(1)

The name, mailing address, e-mail address and phone number of the applicant on a completed application form supplied by the City.

(2)

Current use, proposed uses and requested zoning classification for the property.

(3)

A description of the development proposed.

(4)

A vicinity map indicating the general location of the property within the City.

(5)

How the proposed development meets the applicable review criteria.

(6)

Known hazards and environmental issues, if any, that may be present due to the topography, geology or hydrology of the property.

(7)

The anticipated sources of water, sanitary sewer and other utilities to be used to serve the property, if known.

(8)

Estimated demands to be imposed upon public water, sanitary sewer and drainage utility systems by the proposed uses of the property.

(G)

Deposit of Costs. As described in Section 21-75.

(H)

Impact assessment. A written impact assessment, and other or additional studies or reports necessary or useful to permit a full and thorough evaluation of the development application. Required content will be determined at a preapplication conference. The applicant shall pay all costs incurred by the City in obtaining such reports, whether they are prepared by the applicant or by the City.

All studies and reports submitted by the applicant shall be prepared by a qualified professional selected by the applicant, subject to the approval of staff. Staff may reject any applicant-selected preparer where, in the opinion of staff, the preparer lacks sufficient training, experience or professional license or certification to prepare the study or report to a quality or standard commensurate with studies and reports produced by preparers of similar reports in the metropolitan Denver area.

The subject matter of any such reports or studies submitted by the applicant may include, but may not be limited to, the following, as applicable:

(1)

Traffic impact/trip generation.

(2)

Parking.

(3)

Water demand/service.

(4)

Electric, gas, telecommunications and utility service.

(5)

Environmental hazards and mitigation plan.

(6)

Natural resources.

(7)

Sanitary sewer demand/service.

(8)

Historic preservation.

(9)

Drainage, including off-site impacts.

(10)

Visual impacts.

(11)

Educational needs.

(12)

Emergency services needs.

(I)

Legal Description. A typed or printed legal description.

(J)

Proof of Ownership. Such proof shall be in the form of a current title commitment, issued by a Colorado licensed title insurance company, the date of which shall be no more than thirty (30) days prior to the date of submittal of the petition. Ownership must match the ownership listed in the application. If the applicant is not the property owner, a notarized affidavit is required by the owner stating that the applicant is authorized by the owner to make the development application.

(K)

Site Plan. All site plans shall be prepared at twenty-four inches by thirty-six inches (24" x 36") with the long dimension being horizontal. Site Plans may be submitted electronically at the discretion of the City Administrator or their designee. Full sized copies may be requested by staff prior to public meetings. The Plans shall include the following information in the format described (as applicable):

(1)

An information block which shall include the following information:

(a)

Name of the proposed project.

(b)

Name, address, and telephone number of the applicant if different than the owner.

(c)

Parcel size in gross and net acres or square feet.

(d)

Number of potential employees.

(e)

Existing and proposed square footages.

(f)

Uses by square feet at build out.

(g)

Maximum number of dwelling units.

(h)

Dwelling unit densities.

(i)

Percentage of open space and common open space.

(j)

Date of plan preparation, and revision dates.

(k)

For bed and breakfast, motel, hotel, and unstaffed hotel uses in the C-1, C-2, C-3, I-1 and L-I zoning districts: (1) Total number, type and density per type of dwelling units. (2) Total bedrooms per each dwelling unit type. (3) Residential density (gross and net).

(1)

Total number, type and density per type of dwelling units.

(2)

Total bedrooms per each dwelling unit type.

(3)

Residential density (gross and net).

(2)

The Site Plan shall also include the following (as applicable):

(a)

A neat and legible drawing of the proposed site layout showing the required information at a scale of one (1) inch to fifty (50) feet or larger, or as approved by staff.

(b)

A graphic and written scale.

(c)

A north arrow. The graphic should be oriented with north to the top of the page.

(d)

A legal description of the property.

(e)

The area shown on the site plan shall extend beyond the boundary of the property to uses presently existing within one hundred fifty (150) feet of the property subject to the site plan.

(f)

Watercourses, drainage structures and utility lines with existing topography at a contour interval of at least five (5) feet within the parcel.

(g)

The size, location, and type of all existing and proposed easements or other rights-of-way.

(h)

The location of all common open spaces within the development, together with the proposed method of development, maintenance, and ownership of said common open spaces, together with legal documentation providing for development, maintenance and ownership of said common open spaces.

(i)

Location and dimension of parcel boundaries.

(j)

Fully-dimensioned property lines.

(k)

Existing and proposed building footprints and setbacks of all proposed and existing structures which are to be retained on the site.

(l)

Proposed heights of structures.

(m)

Off-street parking areas and layouts, service areas, and loading areas.

(n)

All existing and proposed improvements and uses, including fences and landscaping features, including length, width, floor area, height, location in relation to lot lines and other structures, and type of construction.

(o)

Location, dimensions and names of proposed, and existing adjoining streets, and internal streets.

(p)

Location of existing and proposed access points.

(q)

Location and dimensions of bicycle/pedestrian/equestrian paths, walkways, and trails shall be shown.

(r)

Proposed landscaping.

(s)

Location and placement of all freestanding signage and walls.

(t)

The location of all existing and proposed fire hydrants or cisterns.

(u)

Existing floodplain limits.

(v)

Estimated demands to be imposed upon public water, sanitary sewer and drainage utility systems by the proposed uses of the property.

(w)

Finished contours at an interval of not greater than two (2) feet in dotted lines.

(3)

Site Plan as part of a Planned Development. Site plans as part of Planned Developments are only required to be conceptual in regard to use areas, easement locations, transportation improvements, parking, access locations, building areas, and landscaping as long as there is sufficient detail to determine the proposed development generally conforms to the intent of the PD at time of final development plan.

(L)

Traffic Impact Analysis/Study. As described in the City of Idaho Springs Standards and Specifications for Design and Construction.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 13, § 4, 1-8-2024)

The purpose of this Section is to define and describe the different types of development applications which are subject to review.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

A preapplication conference is required of all applicants. The preapplication conference shall be held between the applicant and the City Administrator.

(1)

This meeting is intended to provide an understanding of the applicable review procedures, requirements and standards, and provide information pertinent to the application and the geographical area affected by the application.

(2)

The City Administrator will explain the application procedures and the materials required for submittal.

(a)

The applicant shall bring a concept plan to the conference.

(b)

If the City Administrator feels that the proposal raises issues or concerns, the applicant may also be required to meet with members of the appropriate City department to discuss the proposal. Any comments or commitments made by any member of the City staff during the preapplication conference are only preliminary in nature and should not be relied upon by the applicant. Formal comments cannot be made by City staff until after the application is submitted and adjacent and/or nearby property owners and referral agencies have had an opportunity to respond.

(3)

Preapplication conferences may be held individually with each department, or a joint conference for all or some of the departments may be scheduled.

(4)

City staff will make available to the applicant any public information regarding the application which is in the City's possession.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Purpose. The purpose of this Section is to establish a procedure to bring land within the jurisdictional limits of the City in compliance with the Colorado Municipal Annexation Act of 1965 (hereinafter referred to as the "Act"), contained in Sections 31-12-101 through 31-12-123, C.R.S., as amended. This Section provides supplemental requirements for annexation pursuant to the Act, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirements set forth in other portions of this Code. In the event of a conflict between the provisions of this Section or any requirements set forth in other portions of this Code, it is the expressed intent of the City Council that the more stringent provision shall control.

(B)

Applicability. Lands to be annexed shall meet the eligibility requirements of the 31.12-104 and 31-12 C.R.S.

(C)

Zoning of annexed land. The applicant may apply for zoning of the proposed annexation at the same time the annexation application is submitted or thereafter; however, the area annexed must be brought under the City's zoning regulations and zoning map within ninety (90) days after the effective date of the annexation ordinance. Zoning applications shall be handled in the same manner as set forth in this Code. The City Council public hearing required therein may be combined with the public hearing on the annexation petition required in this Chapter.

(D)

Submittal Requirements.

(A)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article in addition to the following:

(1)

A complete annexation petition that conforms to the requirements of Section 31-12-107, C.R.S., as amended.

(2)

An outline of any known terms proposed for the annexation agreement.

(3)

A water rights report for the property, prepared by a qualified water engineer or water attorney, detailing the water rights belonging to and/or severed from the property to be annexed, and historical use. The report must include both surface (tributary) and subsurface (non-tributary and tributary) groundwater. If there are not water rights associated with the property, there shall be included a statement of that fact.

(4)

If zoning of the property is requested simultaneously with annexation, a completed zoning application form, including a zoning map for the property.

(5)

A narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities, detailing the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed. Where applicable, specific issues to be addressed shall include but not be limited to the annexation's impact on community needs, the City's economy, the school system, City services and emergency services.

(6)

Annexation Impact report. If an annexation impact report is required under Section 31-12-108.5, C.R.S., as amended, then at least twenty-five (25) days prior to the required public hearing City Administrator shall consult with other City staff and prepare an annexation impact report that meets the requirements of Section 31-12-108.5, C.R.S., as amended.

(E)

Raw water rights. Future annexations of land to the City shall include conveyance of water rights to the City in an amount and of a quality sufficient, in the judgment of the City Council, to serve the anticipated development of the property.

This requirement may be satisfied as follows:

(1)

The owner of the property shall convey to the City all water rights associated with the property, including without limitation all surface water rights and all rights to the use of water in the tributary, nontributary and not-nontributary alluvial aquifers underlying the property. The water rights shall be conveyed to the City free and clear of all liens and encumbrances at the time of annexation.

(2)

If there is a deficit between the water rights the landowner conveys to the City and the anticipated water requirements for the development of the property, the landowner shall transfer sufficient other water rights acceptable to the City, or pay cash in lieu of such transfer in an amount sufficient for the City to purchase the necessary raw water rights to serve the property, with the actual cash amount to be determined as part of the annexation.

(3)

The water transfer requirement or payment in lieu shall be in addition to any other charges or fees currently charged or hereinafter charged by the City for annexation and water service to the property.

(4)

The determination of whether any water rights are sufficient to serve the property in question shall be made by the City Council after taking into consideration the recommendations of the City Attorney and engineering consultants. The City shall have the right to accept or reject any water rights proposed for transfer to the City. The final authority to accept or reject any water rights shall be in the City Council. No reimbursement or recovery for funds expended for such water rights.

(F)

Annexation agreement; draft. Staff and the applicant shall confer to prepare a draft annexation agreement addressing any items of concern and other applicable requirements of this Code. The draft agreement, acceptable to the applicant, shall accompany any annexation petition filed with the City.

(G)

Public notification. Public notification shall occur as indicated in the Required Public Notification by Development Process table as provided in this Article.

(H)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table as provided in this Article.

(I)

Staff Evaluation.

(1)

Upon determination that the application is complete, City staff shall analyze the feasibility of annexing the proposed property. Issues to be considered shall include but not be limited to the ability to serve with streets, water, sanitary sewer, storm sewer, parks and recreation, schools, police and fire protection; compliance with the Comprehensive Plan; sources of revenue from the property; the City's costs to service the proposed development; and any other related matters. Staff shall prepare a written report of the City staff's findings and recommendations to submit to the Planning Commission and City Council, a copy of which shall be promptly provided to the applicant.

(J)

Review criteria. In a public hearing the City Council shall take the appropriate steps to determine if the petition is in substantial compliance with the Act. It shall be the general policy of the City with respect to annexations, the annexation application and the consideration of annexation petitions that:

(1)

Annexation is a discretionary act. With the exception of a petition initiated by the City for the annexation of an enclave, the City Council shall exercise its sole discretion in the annexation of territory to the City.

(2)

The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Comprehensive Plan.

(3)

Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the City in order that the public needs may be served by such facilities.

(4)

These facilities may include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, water and sanitary sewer facilities, school sites, fire and police station sites and storm drainage facilities. The annexation of lands to the City shall not create any additional cost or burden on the then-existing residents of the City to provide such public facilities in any newly annexed area.

(5)

The applicant for annexation shall not divide tracts of land to prevent further annexation of adjoining parcels (i.e., leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property).

(6)

The property owner shall have complied with all requirements of the Act and this Chapter prior to final approval of an annexation petition.

(7)

City staff shall testify as to the elements required by statute to be present for annexation, the proposed annexation agreement and the annexation impact report as described in the Act and this Chapter.

(K)

City Council action.

(1)

Determination of substantial compliance. The City Council shall take the appropriate steps to determine if the petition is in substantial compliance with the Act.

(a)

If the petition is found to be in substantial compliance with the Act, the City Council shall, by the adoption of a resolution of substantial compliance, set the annexation for public hearing on a specified date, time and place, not less than thirty (30) nor more than sixty (60) days from the effective date of said resolution, subject to compliance with the Act.

(b)

If the petition is not found to be in substantial compliance with the Act, no further action shall be taken, except that the determination shall be made by resolution of the City Council.

(c)

At the conclusion of the public hearing, the City Council shall adopt a resolution containing findings of fact and conclusions as required by the Act. If the City Council finds the annexation petition to be in compliance with requirements of the Act and the annexation agreement to be acceptable to the City, the City Council may annex the land by ordinance without election and approve the annexation agreement. If the City Council, in its sole discretion, finds that the annexation is not in the best interest of the City, it may deny the petition by resolution.

(L)

Applicant action; post approval.

(1)

After final passage of the annexation ordinance, the applicant shall file the following with the City:

(a)

Final versions of all applicable documents, including one (1) mylar copy of the annexation map to be recorded with the County Recorder.

(b)

A signed, standard form general warranty deed for transfer of all raw water rights to the City, as described in this Chapter.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Applicability. In addition to the other requirements of City ordinances and regulations, every application for a building permit within the Historic District as indicated in Chapter 22 or at designated historic sites that will result in a new structure, external modification(s) to an existing structure, or demolition of an existing structure shall first be submitted to the Historic Preservation Review Commission for request for a Certificate of Appropriateness.

(B)

Exceptions.

(1)

Small project exceptions.

(a)

The City of Idaho Springs' Design Guidelines for Historic Structures lists "small projects" that will be deemed "appropriate" upon a required review by the Building Official, rather than through a review by the HPRC.

(2)

The Historic Preservation Review Commission may authorize, upon request in specific cases, exceptions from the requirements of this Chapter and the guidelines implementing it.

(a)

When the Commission finds that the strict application of any requirement enacted herein will result in unreasonable economic hardship to the property owner or that such exception is necessary in the public interest, an exception from the requirements of this Chapter and the guidelines implementing it may be authorized.

(3)

The Historic Preservation Review Commission may authorize, upon request in specific cases, exceptions from the requirements of this Chapter and the guidelines implementing it.

(a)

When the Commission finds that the strict application of any requirement enacted herein will result in unreasonable economic hardship to the property owner or that such exception is necessary in the public interest, an exception from the requirements of this Chapter and the guidelines implementing it may be authorized.

(1)

The burden of proof shall be upon the property owner to show that the existing use is economically unfeasible, and that sale, rental or rehabilitation of the property is not possible.

(2)

If the property owner meets this burden of proof, demolition, alteration or subdivision may be allowed.

(3)

The term public interest is defined to allow construction of special projects of special merit, having significant benefits to the City by virtue of exemplary architecture, special features of land planning or social or other benefits having a high priority for community services.

(4)

The Commission shall hold a public hearing on all applications for exceptions with the same notification requirements as are required for a Certificate of Appropriateness.

(a)

The City shall notify the applicant and the Building Official of the Commission's decision. The decision of the Commission may be appealed to the City Council as described below.

(C)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article.

(D)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(E)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(F)

Criteria for review and approval. In order for the Commission to grant a COA for any application for a building permit, the Commission shall consider that the application meets the following:

(1)

The proposed work is consistent with and promotes the purposes of the Historic District, as set out in Chapter 22.

(2)

With respect to an existing structure, the proposed work will not adversely materially affect its historic quality.

(3)

The proposed work will have no adverse material effect on the historic atmosphere and character of the District as a whole or of other designated sites, including state and national designations.

(4)

The proposed work is in compliance with all current, applicable design guidelines.

(5)

In determining compliance with the criteria of this Section with regard to contributing buildings, the Commission shall consider the following:

(a)

The effect upon the general historic and architectural character of the structure.

(b)

The architectural style, arrangement, texture and material used on the existing and proposed structures and their relation and compatibility with other structures in the District and other designated sites, including state and national designations.

(c)

The effects of the proposed work in creating, changing, destroying or otherwise affecting the exterior architectural features of the structure upon which such work is done.

(d)

The effects of the proposed work upon the protection, enhancement and perpetuation of the structure.

(e)

The condition of existing improvements and whether or not they are a hazard to public health and safety.

(f)

The compatibility of accessory structures and fences with the main structure on the site, with other structures and with the character of the District or designated site.

(g)

Substantial compliance with the Secretary of the Interior's "Standards for Historic Preservation Projects" as they apply to building exteriors only, except those relating to paint color, which shall not apply.

(6)

With regard to determining compliance of noncontributing buildings, the Commission shall consider the following:

(a)

Noncontributing structures should be as compatible with contributing structures as possible.

(b)

Noncontributing structures should not attempt to mimic or duplicate the historic features of contributing structures.

(c)

Contemporary designs that creatively draw upon the important characteristics of the Historic District are favored.

(d)

Substantial compliance with the "New Construction Guidelines," a copy of which is on file in the City Clerk's office.

(G)

Post approval. If the Commission determines that the criteria for review and approval are met and no additional conditions need to be required, it shall issue the COA and forward a copy of it to the Building Official. The building permit may then be processed as usual by the Building Official.

(H)

Appeal.

(1)

An application for a building permit denied a COA by the Commission may be appealed to the City Council for review for compliance with the criteria for review and approval. The burden shall be upon the applicant in all cases to prove that the applicable criteria have been met for approval.

(2)

The City Council shall either approve or deny the application, based upon the criteria for review and approval. It may also conditionally approve the application, with the agreement of the applicant to comply with such conditions. Such conditions shall become conditions of the COA and the building permit. The City Council may continue its consideration from time to time, as it deems appropriate; however, if the City Council fails to render a decision on the application within forty-five (45) days of the first regular meeting at which the matter is presented, the COA shall be deemed denied, unless the applicant consents to a further extension of time.

(I)

Revocation. A COA shall be valid for one (1) calendar year from the date of approval. An approved COA shall expire one (1) calendar year after approval unless a building permit is issued for the work authorized by the COA or the holder of the COA files a written request for an extension. A COA may be extended for only one (1) additional time period, the extension period not to extend one additional calendar year. All such written requests must be filed prior to the expiration of the initial COA period and shall state the

applicant's "good cause" for the delay and need for extension. All requests for extensions shall be considered and decided by the Historic Preservation Review Commission.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 9, §3, 2022)

(A)

General. Article III of this Chapter permits uses not specified as being by right in the various zoning districts to be approved and implemented by conditional use. This Section governs the application for and approval, administration and enforcement of conditional uses. Conditional uses generally present special impacts upon adjacent properties which necessitate individualized review and consideration and, in most instances, the approval of a conditional use requires the imposition of conditions or requirements designed to eliminate, reduce or mitigate adverse impacts resulting from the proposed use.

(B)

Applicability. This Section applies to any uses proposed as conditional uses. No building permit shall be issued in any zoning district for any use not identified by right, nor shall any person cause or permit such use upon property owned, controlled or occupied by such person, until a conditional use has been approved by the City Council according to the requirements of this Section.

(C)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article.

(D)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(E)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(F)

Criteria for review and approval. Conditional uses may be approved by the City only where the applicant demonstrates that the following conditions will be met:

(1)

The proposed use conforms to all requirements of this Article and all other applicable provisions and other development regulations, standards or requirements adopted by the City;

(2)

The proposed use is in general conformance with applicable provisions of the Comprehensive Plan, or that changed conditions occurring since the adoption of the Comprehensive Plan support approval of the proposed conditional use of the property; and

(3)

The proposed use will not result in impacts to adjacent properties which are significantly different in nature, type or extent than impacts caused by uses which are permitted by right in the zone district where the property is located.

(G)

Post approval.

(1)

Nothing in this Section shall limit the authority of the City Council to refer its decision on the conditional use permit to the eligible electors of the City for final determination.

(2)

All approved conditional use permits shall be approved by ordinance. Such ordinance shall include the legal description of the property, specify in detail the conditional use permitted and clearly specify any and all permit conditions imposed. The ordinance shall be recorded in the records of the County Clerk and Recorder, and the permit shall run with the described property. All approved conditional uses shall be referenced on the zoning district map and a file containing all documents relevant to the application and the resulting permit shall be maintained by the City Clerk.

(3)

Revocation. Any conditional use may be revoked at any time by ordinance of the City Council, following notice to the owner of the property and observance of substantially the same procedure provided herein for City Council consideration of issuance of the permit, where the City Council finds failure to meet the conditions imposed, if any, or that the property has not been devoted to the approved conditional use for a period of more than two (2) years.

(4)

Any rezoning of the property after a conditional use is approved but before the approved conditional use is implemented on the property shall automatically terminate and void the conditional use permit unless the City expressly reaffirms the permit as part of the rezoning.

(H)

Amendment. An application for amendment of an approved and valid conditional use shall be processed in accordance with the requirements applicable to the issuance of a new conditional use.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Required. No building permit shall be issued in the R-3, R-M, C-1, C-2, C-3, I-1, L-I or HD Zone Districts for new buildings, expansions/additions of more than twenty percent (20%) of the gross floor area of existing structures, or for any new development proposed in a PD Zone District, until a FDP meeting the requirements of this Article has been approved for it. A FDP is not required for single family detached.

(B)

Applicability. FDP review is to ensure compliance with development requirements set forth in this Municipal Code and to provide for the construction and installation of any public improvements needed to serve the proposed uses on the property.

(C)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article.

(D)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(E)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(1)

Final development plans for accessory dwelling units and building additions of less than fifty percent (50%) of the existing gross floor area are subject to administrative review and approval by the City Administrator by the administrative review and referral process listed in this Article.

(2)

Final development plans for building additions equal to or greater than fifty percent (50%) of the existing square footage, new structures, or for development on properties zoned Planned Development (PD) are subject to Planning Commission and City Council review and approval.

(3)

The decision making body shall approve, disapprove or conditionally approve the application.

(F)

Review and Approval Criteria.

(1)

Final development plans shall conform to all use and development standards of the Idaho Springs Municipal Code as well as the Idaho Springs Standards and Specifications for Design and Construction and any underlying Planned Development.

(2)

Administrative denial of a site development plan can be appealed to the City Council only at the request in writing of the applicant.

(G)

Effect of approval.

(1)

Final development plans shall run with the described property, and the City Clerk shall maintain a file containing all documents relevant to the application and resulting approval.

(2)

Approval of a final development plan shall constitute authorization to construct improvements upon and use the property subject thereto only as provided on the approved site plan. No person shall cause or permit any use of property subject to an approved final development plan in any manner not provided for on the site plan, or fail to comply with any of the requirements specified in the approval thereof.

(H)

Revocation. Any final development plan approval may be revoked by order of the City Administrator, following notice to and an opportunity for the owner of the property to be heard, where the property has not been devoted to the approved site plan improvements or uses for a period of more than two (2) years. The City Administrator has the authority to extend this deadline for one (1) year if the applicant submits sufficient cause for the delay.

(I)

Rezoning. Any rezoning of the property after final development plan approval but before the improvements and uses covered by the final development plan approval begin on the property shall automatically terminate and void the final development plan approval unless the City expressly reaffirms the same as part of the rezoning.

(J)

Amendment of approved final development plan. An application for amendment of an approved and valid final development plan approval shall be processed in accordance with the requirements applicable to the consideration of a new application.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 11, §4, 2025)

(A)

Intent and purpose. The Planned Development (PD) is established as a zone district to provide greater flexibility in land development and use by allowing an applicant to propose specific use entitlements and development standards based upon a comprehensive, integrated, plan rather than upon development constraints as applicable to standard zone districts. The intended result is a development that is of higher quality and more desirable than one (1) produced in accordance with the conventional zoning controls. PD, final development plan, annexation, subdivision and/or rezoning may take place at the same time and with a set of documents that will satisfy all requirements.

(B)

The PD shall promote and provide:

(1)

Flexibility in design and permit planned diversification in the location of structures;

(2)

Innovative or unique design that would not otherwise be allowed by an existing zone district;

(3)

The efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities;

(4)

The combination and coordination of architectural styles, building forms and relationships within the PUD; and

(5)

A higher quality of construction that will be compatible with other developments within the City.

(C)

Applicability. The PD District may be made applicable to any area and to any future land area annexed into the City. The change of a parcel in a zone district to a PD will constitute rezoning and must be done in accordance with the rezoning requirements of this Section.

(D)

Uses permitted. A PD of any nature (residential, commercial, industrial, public or quasi-public) either as a single use or a combination of uses may be permitted. The Planning Commission and the City Council shall determine the uses allowed in each PD, and those approved uses shall be stated on the approved PD.

(E)

Area. The minimum land area that will be considered for a PD District zoning shall be one (1) acre, unless otherwise approved by the Planning Commission.

(F)

Building and site regulations.

(1)

Lot sizes. Minimum lot areas, lot widths and density shall be determined by the use and design of the PD.

(2)

Open Space. Minimum unobstructed open space shall be determined by the use and design of the PD.

(3)

Building setbacks. Building setbacks shall be determined by the use and design of the PD.

(4)

Building height. Maximum building height shall be determined by the use and design of the PD. For any building proposed to be taller than thirty-five (35) feet, the applicant must demonstrate how building height is compatible with the surrounding character and is the minimum height required for the project.

(5)

Parking ratios. Parking ratios that deviate from the provisions of the Parking and Loading Requirements of this Chapter may be approved if the applicant submits a parking study that demonstrates the parking as proposed is the minimum required without creating additional parking deficiency on neighboring properties or adjacent public right-of-ways or parking facilities. If parking ratio deviations are approved, the approved ratios shall be added as notes to the PD.

(6)

Any development standards not addressed in the Planned Development shall revert to the applicable standards of the Land Development Code, the Subdivision Regulations, the Standards and Specifications for Design and Construction or other applicable standards.

(G)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article.

(1)

Site plans submitted as part of Planned Developments are only required to be preliminary and conceptual in regard to use areas, easement locations, transportation improvements, parking, access locations, building areas, and landscaping. There should be sufficient detail to determine the proposed development generally conforms to the intent of the PD at time of final development plan.

(2)

Building elevations may be conceptual in nature and should provide sufficient detail in terms of architectural style, materials and massing to determine the design generally conforms to the intent of the PD at the time of final development plan.

(3)

Deviations from the Land Development Regulation. Any deviations from design or development standards as required by this Code must be described in the cover letter along with the rationale for the deviation and how it is in the spirit of the intent and purpose of the PD.

(H)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(I)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(J)

Considerations for review and approval. Considerations for review and approval will be the same as is required for a rezoning with the following addition:

(1)

Whether the proposed PD 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.

(2)

Whether deviations from the requirements of the underlying zone district are warranted by virtue of the improved design and/or amenities provided in the PD.

(K)

Post Approval.

(1)

All approved PDs shall be approved by ordinance. Such ordinance shall include the legal description of the property, specify in detail the nature of the PD and clearly specify any and all permit conditions imposed. The ordinance shall be recorded in the records of the County Clerk and Recorder, and the PD shall run with the described property. All approved PDs shall be referenced on the zoning district map and a file containing all documents relevant to the application and the resulting permit shall be maintained by the City Clerk.

(a)

When approved by the City Council, the applicant shall file two (2) copies of the PD with the City Clerk and record one (1) copy with the County Clerk and Recorder.

The City Clerk shall cause to be executed and recorded in the office of the County Clerk and Recorder, at the applicant's expense, an instrument in the following form:

Statement of Establishment of Planned Unit Development.

Under the Zoning Regulations of the City of Idaho Springs, on the _ day of , 20_ , a Planned Development of the following described property by Ordinance No. , Series 20 _. The following described property shall be developed only in accordance with the Planned Development plan on file in the office of the City Clerk of the City of Idaho Springs, Idaho Springs, Colorado. The legal description of the property involved is as follows:

[Insert Legal Description]

Mayor

Attest:

City Clerk

(2)

Minor Variations at time of building permit. At time of building permit, minor variation(s) of no more than ten percent (10%) from the strict application of the provisions of the Planned Development may be allowed at the discretion of the City Administrator for lot sizes, use areas, buildout square footages, and usage square footages. Such variations shall be allowed only after a finding that:

(a)

Such variation is in the spirit of the intent of the approved Planned Development;

(b)

Such variation(s) does not constitute a change to the permitted land use(s);

(c)

No substantial detriment to the public good shall be caused.

(3)

Amending final PD. Procedure for amendment shall be the same as that prescribed for plan approval. Should the City Council approve the amendment to the PD, an amended plan shall be filed and notice thereof recorded in the same manner as the original plan. Minor changes which improve the character of the site plan and do not increase the lot coverage, building density or building height can be made with the written approval of the Planning Commission.

(4)

Successors bound. A change of zoning to PUD shall bind the development of that property so zoned to the PUD plan, regardless of any change in ownership of the subject property.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Intent and purpose. The City Council may, from time to time, on its own motion, on motion of the Planning Commission 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 Article, amend, supplement or change the zoning map or any provision of this Chapter.

(B)

Property owner petitions. Any petition to change zoning for specific property, except as initiated by the City, shall be filed with the City Clerk and shall be signed by the owners of one hundred (100) percent of the property proposed for zoning, exclusive of public streets and alleys.

(C)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article.

(D)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(E)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(F)

Consideration for review and approval. In determining the zoning, the City Council may consider the following factors:

a.

Whether the proposed zoning is in conformity with the Comprehensive Plan.

b.

Whether there have been material changes in the character of the neighborhood such as to justify a change in the zoning.

c.

Whether the proposed rezoning will tend to preserve and promote property values in the neighborhood.

d.

Whether development of the property in accordance with the proposed rezoning will be in harmony and compatible with surrounding land uses and present development in the area.

e.

Whether the proposed rezoning will affect traffic congestion in the area.

f.

Whether the proposed rezoning will promote the public welfare.

g.

Whether denial of the proposed rezoning would impose an undue hardship on the owner.

(G)

Post approval.

a.

All approved rezonings shall be approved by ordinance. Such ordinance shall include the legal description of the property, specify in detail the nature of the rezoning and clearly specify any and all conditions imposed. The ordinance shall be recorded in the records of the County Clerk and Recorder.

b.

Denial; resubmittal. If a property owner petition is denied, a period of one (1) year must elapse from the date of such denial before another property owner's petition to establish the same or substantially similar zoning for the same property may be submitted.

c.

Protest to changes. If a written protest against any proposed change in these zoning regulations or in the zoning classification of any property is filed with the City Clerk at least twenty-four (24) hours before the City Council's vote on the same, and such protest is signed by the owners of twenty (20) percent 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 a 2/3 vote of all members of the City Council.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Applicability. The Variance Board may authorize variances from the requirements of Chapter 20 and 21 of this Code. The Variance Board shall also hear and decide appeals from decisions rendered from these regulations where it is alleged that there is an error in any order, requirement, decision or determination made in the administration of this Chapter.

(1)

Under no circumstances shall the Variance Board grant a variance to allow a use not authorized under the terms of this Chapter in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in said district. Also, neither a nonconforming use of neighboring lands or structures in the same district, nor a permitted or nonconforming use of lands or structures in other districts shall be considered grounds for the issuance of a variance.

(B)

Submittal requirements. Required materials shall be as indicated in the Submittal Requirements by Development Process table provided in this Article with the following addition to the cover letter:

(1)

Citation to or copy of the Section or subsection of this Chapter from which the variance is being requested, or a copy of the Building Official's order, requirement, decision or determination from which an appeal is taken.

(C)

Notification requirements. Public notification shall occur as indicated in the Required Public Notification by Development Process table provided in this Article.

(D)

Public Hearings. A public hearing shall occur as indicated by the Required Decision Making Process for Development Applications table provided in this Article.

(E)

The concurring vote of three (3) members of the Variance Board shall be necessary to reverse or modify any order, requirement, decision or determination of the City or to approve an application on any matter upon which the Variance Board has been granted jurisdiction. Any decision of the Variance Board shall constitute the final order of the City and shall be subject to review by a court of competent jurisdiction as provided by the Colorado Rules of Civil Procedure.

(F)

In granting any variance, the Variance Board may prescribe appropriate conditions and safeguards in conformity with this Chapter and the Comprehensive Plan. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter.

(G)

Criteria for review and approval.

(1)

Variances from requirements of Chapter 20 and Chapter 21. A variance shall be considered an extraordinary remedy. When considering a variance from the requirements of this Chapter, the Variance Board shall apply the criteria set forth below.

(a)

The applicant would suffer hardship as a result of the strict application of these regulations, which hardship is not generally applicable to other lands or structures in the same zone district because of considerations relating to the preservation of historic structures, the unusual configuration of the applicant's property boundaries, unique circumstances related to existing structures or topographic conditions.

(b)

There are no reasonable design alternatives or alternative locations for structures that would eliminate or reduce the need for the requested variance, or decrease the scope or extent of the variance required, that do not involve unreasonable expense under the circumstances.

(c)

The need for the variance does not result from the intentional, reckless or negligent actions of the applicant or his or her agent, a violation of any provision of this Chapter, this Code, any other code or ordinance adopted and in effect in the City or a previously granted variance.

(d)

Reasonable protections are afforded adjacent properties.

(e)

The variance is the minimum variance that will make possible the reasonable use of the land or structure.

(f)

The granting of the variance will:

(1)

Observe the spirit of this Chapter;

(2)

Secure the public safety and welfare;

(3)

Ensure that substantial justice is done.

(2)

Variances as appeals.

(a)

The Variance Board may also hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made in the administration of this Chapter. The Variance Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, where the Variance Board finds that City Staff acted:

(1)

Without clear and convincing evidence to support the order, requirement, decision or determination; or

(2)

Beyond the Building Official's authority.

(b)

An appeal from an order, requirement, decision or determination made by the Building Official shall stay all proceedings unless the Building Official certifies that such stay would cause imminent peril to life or property.

Post Approval.

(a)

The endorsement of the variance by adjacent landowners does not relieve the applicant of the burden of meeting all other requirements set forth in this Section.

(b)

Every variance shall run with the land, but shall apply only to the specific building or structure for which it was originally sought.

(c)

The granting of any variance shall not constitute or be construed as a precedent, ground or cause for any other variance.

(d)

A variance shall be effective for a period of one (1) year from the date it is granted by the Variance Board. Failure to obtain a building permit for the structure for which the variance was granted prior to the expiration of said period will cause lapse of the variance. Requests for an extension of said period shall be presented to the City Administrator in writing at least thirty (30) days prior to the scheduled expiration date. The City Administrator may authorize up to one (1) additional year if cause exists for the extension and there would be no harm to the adjacent property owners or the community in general arising from the extension.

(Ord. No. 19, §2(Exh. A), 2019)