Lamar City Zoning Code

Every zoning and development application shall be submitted with the appropriate fees and charges for the type of application being submitted. The amount of such fees and charges shall be established by a resolution of the city council, as may be amended from time to time, and available for review by the public at the city complex during normal business hours.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

All applicants subject to these zoning regulations shall complete an application for zoning review on an application provided by the city. For permitted uses, a building permit pursuant to chapter 6 of the Code, may be processed simultaneously.

(b)

Once an application for zoning review has been filed with the city, a pre-application conference with the city will be scheduled within 15 days of submittal if a public hearing is required.

(c)

At the pre-application conference, the applicant and the city building department will discuss the proposed change, development, and/or review the appropriate land use review criteria or procedures.

(d)

Once the appropriate completed application is received, the city building department shall commence review and notify the applicant of completeness within 15 days of submittal. Staff will review the development request and provide the applicant the necessary procedures and the required materials for the public hearing.

(1)

Complete applications will be scheduled for a hearing before city council within 45 days of city staff's determination of completeness.

(2)

Additional review time will be required for applications requiring professional review.

(3)

If the application is determined to be incomplete, it will not be scheduled for a hearing before planning and zoning commission or city council or until it is complete.

(e)

All projects that provide 50 percent or more affordable housing units shall be expedited and a decision rendered within 90 days of a complete application being received by the city pursuant to this article. Any administrative permit application, site plan, variance, conditional use, or other zoning permit for affordable housing is eligible for expedited review. This does not include rezoning, PUDs, subdivisions, or other applications requiring ordinances of the city council. An applicant or city may request an extension pursuant to C.R.S. § 29-32-105(2)(b) and (c). Upon a final decision being rendered, if applicable, the city shall issue a building permit once final building plans are approved.

(f)

Development plan. Applicants applying for a zoning application shall be prepared to provide the following information to the city to allow the staff to make a determination of the appropriate zoning procedures. The following list is not inclusive or exclusive of requirements for a development application.

(1)

Completed application and fee as required by the city.

(2)

Survey.

(3)

Site plan.

(4)

Parking plan, traffic studies, or CDOT access permit if warranted.

(5)

Utility and grading plan.

(6)

Landscape plan.

(7)

Architectural building elevations.

(8)

Lighting plan.

(9)

Historical characteristics.

(10)

A vicinity map.

(11)

A narrative describing the proposal and how the development meets the required zoning requirements of this chapter.

(12)

Other details as requested pursuant to the city review.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

For all actions of the city described in this chapter requiring public hearings, the city shall provide public notice and shall demonstrate that such public notice conforms to the following requirements. The applicant is responsible for providing the city with proper legal descriptions, proof of ownership, deeds, or other information as required to properly notice the application.

(b)

Except as otherwise required by law, notice shall be sent by first class mail to all property owners within 200 feet of the property in question at least 15 days in advance of the public hearing.

(c)

Except as otherwise required by law, notice of the hearing shall be published in a newspaper of general circulation at least 15 days in advance of the hearing. If no such newspaper exists, then a newspaper of general circulation in an adjoining county.

(d)

Pursuant to C.R.S § 24-65.5-103, as may be amended, not less than 30 days before the date scheduled for the first public hearing for a subdivision subject to chapter 22 or development application specified in the statute, the applicant shall provide notice to mineral estate owners. Such notice shall be by certified mail, return receipt requested.

(e)

Notice shall be posted on the subject property at least 15 days in advance of the hearing. The dimensions of the sign shall be at least 11 inches by 17 inches, and the materials to which the notice form is affixed shall be upright, sturdy and waterproof or shall have a waterproof covering.

(f)

All notices shall include:

(1)

A statement of the nature of the matter being considered;

(2)

The time, date and place of the public hearing (public hearings of the city council dates may be amended by the city clerk based on meeting availability from the original notice. If the date and time are amended no additional noticing shall be required to neighboring property owners or newspaper, however the public hearing shall be noticed as required for council meetings);

(3)

The agency or office and phone number where further information may be obtained; and

(4)

A legal description, and/or address if one has been assigned, of the subject property.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The text of this Zoning Code may be amended, supplemented or repealed pursuant to the procedures and standards of this article.

(a)

Initiation of text or map amendment. An amendment to the text of this Land Use Code may be initiated by the city council, the planning commission, the city administrator, a resident of the city, an owner of a business within the city, or any person who holds a recognized interest in real property within the city.

(b)

Procedure for text or map amendments. An applicant requesting an amendment shall follow the stages of the process outlined below:

(1)

Preapplication conference. Attendance at a preapplication conference is optional, but recommended, for a private applicant intending to submit an application for an amendment to the text of this Land Use Code or the boundaries of zoning districts, as depicted on the official zoning map.

(2)

Submittal of application. The applicant shall submit a complete text amendment application to the administrator which contains the precise amended wording. The city administrator or building department shall be responsible for submitting the application materials for an amendment initiated by the city council or planning and zoning commission.

(3)

Review procedures. The city administrator or building department shall review the application to determine whether it is complete. The city administrator or building department shall forward a report to the planning commission, which report summarizes the application's compliance with the applicable review standards protecting the city's health safety, and welfare, conformance with the city comprehensive plan, and other applicable provisions of this chapter. The technical comments and professional recommendations of other agencies and organizations may be solicited in drafting the report.

(4)

Public notice and action by commission. The planning and zoning commission shall hold a public hearing to review the conformance of the application with all applicable provisions of this chapter. Public notice shall be provided as specified in section 30-13 of this chapter. The commission shall make a recommendation that the city council approve, approve with conditions or deny the application, or shall remand the application to the applicant with instructions for modification or additional information or action.

(5)

Public notice and action by council. The city council shall consider the recommendations of the planning commission at a public hearing. Public notice that the city council will conduct a hearing to consider the recommendations of the planning commission shall be provided as specified in section 30-13 of this chapter. The city council shall, by ordinance, approve or deny the proposed amendment or shall remand it to the applicant with instructions for modification or additional information or action.

(6)

Actions following approval. Upon approval of the amendment and the filing and, if applicable, recordation of any documents required by the approval, the administrator shall cause the amended text of this chapter to be officially codified. In the event of a map amendment, the administrator shall cause the official zoning map to be certified per section 31-16 below.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

If a protest against such amendment of section 30-14 is filled in accordance with section 30-19 of this chapter is filed in the office of the city clerk within 15 days after the date of the conclusion of the public hearing, pursuant to the publication notice, the protest being duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-quarters of all the voting members of the city council.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bear the seal of the city under the following words:

"This is to certify that this is the official zoning map referred to in section 30-14 of the Lamar, Colorado Municipal Code."

(c)

If, in accordance with the provisions of this chapter, and C.R.S. § 31-23-301 et seq., changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map within 30 days after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

"On _______, by official action of the city council, the following changes were made on the Official Zoning Map: _______."

Said entry shall be signed by the mayor and attested by the city clerk. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(d)

No changes of any nature shall be made on the official zoning map or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under chapter 1, section 1-21.

(e)

Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(f)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted _______ as part of Ordinance No. _______ of the city of Lamar, Colorado."

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (6) of this section, the board of adjustment and appeals shall interpret the district boundaries;

(8)

Where a district boundary line divides a lot which was in single ownership at the time of adoption of the ordinance from which this chapter is derived, the board of adjustment and appeals may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The regulations set by this chapter article III, Zoning within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;

(2)

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building;

(3)

No yard or lot existing at the time of adoption of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter;

(4)

All territory which may hereafter be annexed to the city shall be annexed as O-E Open Estates, until or unless changed by ordinance.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Appeal. An order, decision or interpretation rendered by the administrator, any commission or any board may be appealed to the designated body outlined in Table 16-A. Decisions by the board of adjustment and appeals, and city council shall be final and may not be further appealed, subject only to judicial review by a court with jurisdiction.

TABLE 16-A
Appealing Body from Specific Orders, Decisions or Interpretations

(a)

Appeal contents. The appeal shall be in the form of a written letter of appeal delivered or postmarked to the administrator within 15 days of the date the interpretation or decision was first postmarked or the date of the public hearing of final decision. Such notice shall identify the date and nature of the order, decision or interpretation at issue and set forth in plain and concise language the:

(1)

Facts and reasons. The facts and reasons for the appeal, including any relevant citation to any rule, regulation or Code section relied upon.

(2)

Copy. A copy of the order, decision or interpretation being appealed if the same was issued in writing.

(3)

Relief requested. A statement as to the relief that is being requested on appeal.

(b)

Actions following receipt of appeal. Upon receipt of the appeal, the administrator shall schedule the appeal for a regular or special meeting of the appropriate body within 60 days of the filing of the notice to appeal.

(c)

Notice. Written notice of the time, date and location of the hearing shall be sent by regular mail to the appellant not less than 15 days prior to the hearing. In cases where a decision rendered during a public hearing is being appealed, the notice shall be published in accordance to the city's council's public hearing requirements.

(d)

Appeal hearing.

(1)

Evidence. Formal rules of evidence shall not be followed during hearings. The chairman shall have the power to decide what evidence is material to the appeal. Written documents presented at the hearing shall be made part of the record, and public testimony shall be taken if the appeal required public notice. The burden of persuasion on appeal shall rest with the appellant.

(2)

Basis of a decision. Review of the land use decision being appealed shall be limited to the record established before and relied upon by the designated decision-making body. An appealing body shall not have the authority to override the provisions of this Land Use Code. Any decision shall include a basis for the decision and cite specific sections of this Code.

(3)

Minutes. Approved minutes from the commission or board rendering the final decision shall be provided with 45 days of a filed appeal. The minutes of the meeting of record of the decision shall be entered into the record of the appeal hearing.

(4)

Notice of decision. The appropriate appealing body shall hear all relevant evidence, and within a reasonable time and in no event more than 15 days thereafter, shall render its decision. The appealing body may reverse, modify or confirm the order, decision or interpretation. All decisions on appeal shall be reduced to writing, contain a concise listing of facts and reasons supporting the same and shall be promptly mailed by regular mail to the appellant.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)