Lamar City Zoning Code

The purpose of this article is to provide the procedures necessary to implement the provisions of C.R.S. § 24-68-101 et seq.

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

The terms used in this article shall have the meaning ascribed in C.R.S. § 24-68-102.

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

A landowner wishing a vested property right in a site-specific development plan must apply to the city on a city-approved application form for such vested right. Upon receipt of the application for a vested right in a site-specific development plan, the city and landowner shall undertake to create a development agreement. The completed development agreement shall then be submitted for notice, hearing and approval as a site-specific development plan as set forth in this article.

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

No site-specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the city's option, be combined with the notice required by C.R.S. § 31-23-304 for zoning regulations or with any other required notice. At such hearing, interested persons shall have an opportunity to be heard.

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

A site-specific development plan shall be deemed approved upon the effective date of the city council approval action relating thereto. In the event amendments to a site-specific development plan are proposed and approved, the effective date of such amendments, for purposes of duration of a vested right, shall be the date of the approval of the original site specific development plan, unless the city council specifically finds to the contrary and incorporates such finding in its approval of the amendment.

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

Each development agreement constituting a site-specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to C.R.S. § 24-68-101 et seq., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel of property affected and stating that a vested property right has been created shall be published once, not more than 14 days after approval of the site-specific development plan, in a newspaper of local circulation.

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

In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site-specific development plan shall pay all costs occasioned to the city as a result of the site-specific development plan review, including publication of notices, public hearing and review costs. At the option of the city, these costs may be imposed as a flat fee or a fee per square foot.

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

Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property which provisions were in effect at the time the site-specific development plan, including any amendments, were approved.

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

Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of C.R.S. § 24-68-101 et seq.

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