1. 1.
   Comprehensive Plan. The Commission shall recommend to the Council a Comprehensive Plan to guide future growth and development within the city including land uses, streets and transportation, parks and open space, pedestrian circulation, and urban design. Such Comprehensive Plan shall be subject to:

   1. a.
      Approval by the Council with changes, if any;
   2. b.
      Denial by the Council; or
   3. c.
      Remand by the Council to the Commission with recommendations.
2. 2.
   Development Guidelines. The Commission may make and adopt design guidelines it deems necessary to guide development occurring within the city. 

1. 1.
   Surveys. Conduct surveys and create inventories of properties and areas for the purpose of defining those of Historic Significance.
2. 2.
   Recommendations to Council. Review properties nominated for designation as a historic landmark or Historic District and make recommendations regarding historic designations to the Council.
3. 3.
   Recommendations to National Register of Historic Places. Review and provide comments and recommendations on nominations of properties to the National Register of Historic Places.
4. 4.
   Education. Assist in public education programs such as walking tours, brochures, a marker program for historic properties, lectures, and conferences.
5. 5.
   Certifications. Review proposals for new construction and any application for alteration, relocation, reconstruction, or demolition of a designated historic landmark or contributing and noncontributing property in a Historic District and issue Certificates of Appropriateness, Certificates of Economic Hardship, and Certificates of Demolition.
6. 6.
   Advice. Advise the Council on matters related to preserving the historic character of the city.
7. 7.
   Guidelines and Standards Recommendations. Make recommendations to the City Council on design guidelines and standards for historic districts and historic landmarks.

1. 1.
   Development Review. The Director shall have the authority to make recommendations or final decisions on the development review applications denoted in Section 10-9-3.9, Development Review Summary.
2. 2.
   Administration. The Director has authority to establish, amend, or revise application processes, procedures, and document format and submittal requirements as necessary without need for a public hearing. The Director shall be responsible for the general administration of activities necessary to implement this Code including, but not limited to, the following:

   1. a.
      Preparing application forms, ordinances, and administrative guidelines as necessary for the convenience of the public;
   2. b.
      Maintaining written records of all actions taken by the Appeals and Adjustment Commission, Planning Commission, and Historical Preservation Commission authorized by this Code; and
   3. c.
      Recommending to the Council a schedule of fees for offsetting the reasonable costs of administering this title.

1. 1.
   Development Review. The Chief Building Official shall have the authority to make recommendations or final decisions on the development review applications denoted in Section 10-9-3.9, Development Review Summary.
2. 2.
   Other Powers and Duties. The Chief Building Official shall:

   1. a.
      ​​​​​​Conduct and take action on all building permits and inspections to ensure that construction meets all city Building Codes and other applicable requirements, such as inspecting setbacks, foundation elevations, and fence and wall requirements set out in this Code;
   2. b.
      Interpret the Building Code and other city ordinances, excluding this Code, as they relate to plans and permits;
   3. c.
      Maintain all records as they relate to the Building Permit process and inspections, including materials and outcomes; and
   4. d.
      Arbitrate discrepancies regarding building plans, permits, and inspections.

1. 1.
   Administration. The Administrator shall be responsible for the general administration of activities necessary to implement Article 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations, which shall include, but are not necessarily limited to:

   1. a.
      Reviewing all applications for Building Permits for conformance with Article 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations, and approving or disapproving such applications accordingly;
   2. b.
      Preparing application forms, ordinances, and administrative guidelines as necessary for the convenience of the public;
   3. c.
      Recommending to the Council a schedule of fees for offsetting the costs of administering the Floodplain Regulations (Revised 6-12-1992); and
   4. d.
      Maintaining records of all actions taken related to floodplain decisions by the Director or Planning Commission authorized by Article 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations.
2. 2.
   Development Application Review. The Administrator shall also be responsible for review of the following development application activities: 

   1. a.
      Review whether public notice or public hearing is required for projects in both FEMA and non-FEMA floodplains;
   2. b.
      Review all proposed Floodplain Development Permit applications to determine if the proposed development is located in the floodway, and ensure the provisions of Article 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations, are met;
   3. c.
      Review all proposed Floodplain Development Permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which approval is required, including determination of the need for a FEMA CLOMR or LOMR, and review of such applications;
   4. d.
      Review all proposed Floodplain Development Permit applications to determine that the requirements of the Floodplain Regulations have been, or will be, met; and
   5. e.
      Conduct inspections and issue Certificates of Compliance with the Floodplain Regulations, as set out in Section 10-9-6.1, Certificate of Compliance.
3. 3.
   Information to be Obtained and Maintained.

   1. a.
      Obtain and record the actual elevation of the lowest floor of all new or substantially improved structures within or adjacent to the floodplain, and record whether or not such structures contain a basement.
   2. b.
      For all new or substantially improved floodproofed structures:

      1. 1.
         Verify and record the actual elevation to which the structure was floodproofed; and
      2. 2.
         Maintain records of required floodproofing certification.
   3. c.
      Maintain for public inspection all records pertaining to Floodplain Development Permits, appeals, and Variances granted pursuant to this Code.
   4. d.
      Maintain copies of CLOMR and LOMR applications and approved documents, if applicable.
4. 4.
   Alteration of Watercourses. 

   1. a.
      In cases where alterations of watercourses are proposed, the Administrator shall:

      1. 1.
         Notify the U.S. Army Corps of Engineers, the Colorado Water Conservation Board, the Mile High Flood District, and adjacent communities prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA; and
      2. 2.
         Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
   2. b.
      Discharges of dredged or fill material into a watercourse may require prior issuance of a permit by the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (33 USC 1344).
5. 5.
   Inspection. Inspect all development at times during construction to ensure compliance with all provisions of Article 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations, including proper elevation of a structure.
6. 6.
   Interpretation of Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of a floodplain, or, where there appears to be a conflict between a mapped boundary and actual field conditions, make the necessary interpretation. Local decisions which may result in a change of boundary lines and/or base flood elevations are subject to review and confirmation by FEMA.
7. 7.
   Determination of Violation. Whenever the Administrator determines that a violation of the Floodplain Regulations set out in Section 10-7-1, Floodplain Regulations, and Article 10-7-2, Floodway Regulations, has occurred, may occur, or is threatened, the Administrator shall be responsible for placing a temporary or permanent hold on further development permits, approvals and actions to the extent necessary to prevent or remedy the violation, and for notifying affected city departments of this action. The hold shall remain in place until the property owner complies with the Floodplain Regulations.

Title. The title of this document is the Unified Land Use Code ("Code" or "this Code").

Authority. Pursuant to the Constitution of the State of Colorado, Article XX, Home Rule Cities and Towns, Section 6, Home Rule for Cities and Towns, the principal authority for this Code is the Home Rule Charter of the City of Littleton adopted June 22, 1959, as may be amended from time to time.

1. 1.
   This Title is divided into Chapters, Articles, Sections, and Subsections. Subsequent levels such as Paragraphs and Subparagraphs may be used but are not named.
2. 2.
   The reference format used throughout this Title is as shown in Table 10-9-2.1.1, References.
3. 3.
   A reference, such as “this Chapter” or “this Section” means within the same Chapter or Section where such a reference appears.

1. 1.
   The use of any building, structure, or land (including new uses, changes in use, expansions of existing uses, and material changes to the operational characteristics of existing uses);
2. 2.
   Construction, material alteration, repair, relocation, or demolition of infrastructure, structures (including, but not limited to, fences, retaining walls, signs, and towers), or buildings;
3. 3.
   Alterations of historic buildings and sites;
4. 4.
   Land clearing in anticipation of the construction of infrastructure, structures, or buildings for non-agricultural purposes;
5. 5.
   Any other disturbance of land, soil, vegetation, or waterways, including excavation, fill, or other alteration of land for construction or other purposes, but not including routine landscape maintenance; and
6. 6.
   Any division of land for land development, for sale or lease, whether by metes and bounds, subdivision, or other technique.

1. 1.
   As may be specifically exempted in this Code; or
2. 2.
   As may be outside of the city’s regulatory jurisdiction.

1. 1.
   Plan Implementation. Implement the city's adopted Comprehensive Plan and other adopted plans which:

   1. a.
      Reflect community values relative to the character, form, and aesthetic of development; and
   2. b.
      Promote well-planned and fiscally responsible development.
2. 2.
   Zoning. Establish zoning districts and development standards that enhance opportunities for the use and development of property in accordance with community objectives.

1. 1.
   Private Agreements. When the Director interprets provisions of this Code to impose a greater restriction than that imposed by a private agreement, the provisions of this Code shall control. When private agreements impose a greater restriction than those imposed by this Code, the private agreements shall control. The city has no duty to search for, administer, or enforce private agreements.
2. 2.
   Public Restrictions.

   1. a.
      Where one provision of this Code conflicts with another applicable provision of this Code or a state or federal law, whichever provision the Director interprets imposes the greater restriction controls.
   2. b.
      Where the text of this Code conflicts with its tables or illustrative material, the text controls.
   3. c.
      Where a table of this Code conflicts with an illustration, the table controls.
   4. d.
      Where provisions in this Code of the same type or stature (e.g., text-text, table-table, illustration-illustration, etc.) conflict, whichever provision the Director interprets imposes the greater restriction controls.

1. 1.
   Have submitted a complete development application before the effective date of this Code; or
2. 2.
   Have obtained specific vested real property rights pursuant to applicable law.

1. 1.
   Part of an approved Site Plan that has not expired;
2. 2.
   A Building Permit for the structure was lawfully issued prior to the effective date of this Code;
3. 3.
   The Building Permit had not expired prior to the effective date of this Code; and
4. 4.
   Construction pursuant to the Building Permit was commenced and diligently pursued prior to the expiration of the permit and within 90 days of the effective date of this Code.

1. 1.

   Property Owner. A property owner, including an agent or representative, may initiate and submit any type of application pursuant to this Code. 

2. 2.
   Party Aggrieved by an Administrative Decision. A party aggrieved by an administrative decision may initiate and submit the following types of applications:

   1. a.
      Appeal of Administrative Decision; and
   2. b.
      Variance.
3. 3.
   Council. The Council may initiate the following types of proposed actions:

   1. a.
      Designation of Historic Landmarks and Districts;
   2. b.
      Code Text Amendment; and
   3. c.
      Rezoning or Zoning Map Amendment.
4. 4.
   City Staff. The Director or Public Works Director may initiate the following types of proposed actions:

   1. a.
      Code Text Amendment;
   2. b.

      Rezoning or Zoning Map Amendment;

   3. c.

      Modifications to the Floodplain Overlay District; and

   4. d.

      Extension, Modification, or Revocation of a PL-O.

1. 1.
   Director Responsibility. The Director shall review all development review submittals for completeness.
2. 2.
   Meaning of Completeness. The Director shall deem complete a submittal that contains:

   1. a.
      All Information. All of the submittal information required in the application form;
   2. b.
      Certifications. Documents or drawings that are prepared and certified by qualified professionals (where such certificates are required);
   3. c.
      Fee. The application fee; and
   4. d.
      Additional Information. Any additional information required as a result of a pre-application meeting, if applicable, and that is necessary to demonstrate compliance with all of the applicable requirements of this Code.
3. 3.
   Incomplete Applications.

   1. a.
      Director Duties. If the Director determines that a submittal is not complete, the Director shall:

      1. 1.
         Notify the applicant in writing with a list of all missing or incomplete items; and
      2. 2.
         Provide a maximum of 45 calendar days for the applicant to resubmit the missing or incomplete items.
   2. b.
      Rejection. If the missing or incomplete items are not submitted within the 45-day period, then the Director shall deem the application rejected and shall not accept the application for filing. After the Director rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
   3. c.
      Not Considered Submitted. Incomplete or rejected applications are not considered "submitted" or "filed". Complete applications are considered submitted on the date that the Director deems them complete.

1. 1.
   Decision-making bodies considering such concurrent applications shall make separate recommendations and decisions on each application based on the standards in this Code.
2. 2.
   Timing of approvals and specified expirations of approvals shall be as stated in this Code for each application type; therefore, concurrent application processing is at the applicant's risk and does not guarantee expedited approvals of any application type.

1. 1.
   Review and Comment. For applications where the Director is not the final decision maker, the Director shall review the application and provide comments to the applicant, which may include required revisions.
2. 2.
   Staff Report. For applications where the Director is not the final decision maker, the Director shall prepare a staff report and forward it to the applicable decision-making body.
3. 3.
   Review and Decide. For applications where the Director is the final decision maker, the Director shall review and make a final decision on the application.

1. 1.
   Posted Notice.

   1. a.
      It is the applicant's responsibility to acquire the necessary sign from the city, and cause it to be posted on the site. Posted notice, when required, shall be posted via a sign on the public right-of-way next to the property at issue for the public hearing. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application. Such signs are required to be posted in at least two conspicuous locations that are within 300 feet of the exterior boundaries of the affected land in conspicuous places at distances of no less than 200 feet apart. Signs shall be located so that the lettering is visible from the street.
   2. b.
      The applicant shall pay a deposit equal to the cost of the sign for each sign obtained. The deposit shall be refunded to the applicant if the sign is returned in good condition to the Community Development Department within 30 days after the final hearing date.
2. 2.
   Publication Notice. City staff is responsible for accomplishing the publication of notice. Publication notice, when required, shall be published in a newspaper of general circulation in the city.
3. 3.
   Notice by Mail. Notice by mail, when required, shall be provided through the United States Postal Service (USPS) to all addresses, units, and property owners located within 700 feet of the subject property. If a common interest association has over 10 units, then notification shall be sent to the association's designee.

1. 1.
   The time and place of the public hearing;
2. 2.
   A brief description of the land which is the subject of the matter of the public hearing;
3. 3.
   The purpose of the public hearing;
4. 4.
   A statement that the public is invited to review and comment on the matter to be heard; and
5. 5.
   Contact information for the Community Development Department.

1. 1.
   Meetings and Hearings. All public meetings and hearings related to applications in the Code shall be open to the public. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this Code are classified as requiring a "public meeting" or "public hearing."
2. 2.
   Open Meetings. All public meeting and public hearing business shall be conducted in accordance with the State of Colorado Open Meetings Act and other laws applicable to local public bodies.

1. 1.
   Applicability. As shown in Table 10-9-3.9.1, Development Review Summary, the applicant shall conduct a neighborhood meeting before submittal of the application and prior to a second submittal of plans for review.
2. 2.
   Procedure.

   1. a.
      Written notice shall be provided as set forth in Section 10-9-3.5, Public Notice. Any costs incurred by the City will be reimbursed by the applicant.
   2. b.
      At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, answer questions, respond to concerns neighbors raise about the application, and propose ways to resolve conflicts and concerns.
   3. c.
      The applicant shall prepare a written summary of the meeting that includes a list of meeting attendees, a summary of attendee comments, and discussed issues related to the development proposal. The meeting summary shall be included or retained with the application materials and be made available to the public for inspection.

1. 1.
   Ability. ​​​​​​At a public meeting or hearing, a decision-making body may attach special conditions to any decision it is authorized to make in order to ensure that the intent of this Code will be carried out.
2. 2.
   Requirements. Approval of an application with conditions requires that the specific conditions and reasons for such conditions be stated in the minutes of the meeting. Such conditions are binding upon the applicant.

1. 1.
   Appeal of a City Council (Council) Decision. Any decision of the Council on an appeal pursuant to this section is final and subject only to judicial review by the district court with jurisdiction as provided and in accordance with applicable law.
2. 2.
   Appeal of a Historical Preservation Commission (HPC) Decision. The applicant may appeal a denial or condition of a certificate of appropriateness or certificate of demolition to the Council within 15 days of such decision. If no appeal is filed within 15 days, the decision is final. If an appeal is filed, the Council shall hold a public hearing to consider the appeal after notice is provided in Section 10-9-3.5, Public Notice, of this Article. The Council shall consider the notice of appeal, HPC's reasons for denial of or conditions on the application, comments made during the HPC hearing, and any evidence, including new evidence, it deems relevant to the application. The Council shall apply the same approval criteria the HPC used to make an independent and final determination. All other decisions of the HPC are final and may be appealed in accordance with Title 2 of this code.
3. 3.
   Appeal of a Planning Commission (Commission) Decision. The applicant may appeal a denial or condition of a subdivision plat, conditional use, site plan, or master development plan to the Council within 15 days of such decision. If no appeal is filed within 15 days, the decision is final. If an appeal by the applicant is filed, the Council shall hold a public hearing to consider the appeal after notice is provided in Section 10-9-3.5, Public Notice, of this Article. The Council shall consider the notice of appeal, the Commission’s reasons for denial of or conditions on the application, comments made during the Commission hearing, and any evidence, including new evidence, it deems relevant to the application. The Council shall apply the same approval criteria the Commission used to make an independent and final determination. All other decisions of the Commission are final and may be appealed in accordance with Title 2 of this code.
4. 4.
   Appeal of an Appeals and Adjustments Commission (AAC) Decision. The applicant may appeal a denial or condition of a variance to the Council within 15 days of such decision. If no appeal is filed within 15 days, the decision is final. If an appeal is filed, the Council shall hold a public hearing to consider the appeal after notice is provided in Section 10-9-3.5, Public Notice, of this Article. The Council shall consider the notice of appeal, the AAC's reasons for denial of or conditions on the application, comments made during the AAC hearing, and any evidence, including new evidence, it deems relevant to the application. The Council shall apply the same approval criteria the AAC used to make an independent and final determination. All other decisions of the AAC are final and may be appealed in accordance with Title 2 of this code.

1. 1.
   A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period; or
2. 2.
   An extension is granted in accordance with paragraph C, Renewal of Approvals.

1. 1.
   Generally. The Director may extend the expiration date of any approval for a duration not to exceed one year by written request from the property owner according to the standards and procedures of this Section.
2. 2.
   Timing of Application for Extension.

   1. a.
      Written requests for extensions shall be received no later than 30 days prior to the expiration of the approval.
   2. b.
      Untimely requests for extensions will not be granted unless it is demonstrated that extraordinary circumstances justify the request.

1. 1.
   Applicability. A public hearing is required for:

   1. a.
      Extensions of an expiration date that are longer than those that can be granted by the Director in accordance with this Section; and
   2. b.
      Second (and subsequent) extensions after the Administrative Extension.
2. 2.
   Decision-Making Body. Extensions by public hearing shall be acted upon by the decision-making body that granted the original approval.
3. 3.
   Criteria. Extensions may be granted after a public hearing if it is demonstrated that:

   1. a.
      There is good cause for the request; and
   2. b.
      The applicant has provided assurances that it will perform (or cause to be performed) the work authorized by the permit or approval within the extended term.

1. 1.
   Application. An application of a property owner or person expressly authorized in writing by the property owner; or
2. 2.
   Council Action. An action by Council to initiate comprehensive rezoning and official zoning map amendments.

1. 1.
   Application. A Rezoning / Zoning Map Amendment has the effect of changing the zoning district of a property on the Official Zoning Map from one zoning district to another.
2. 2.
   Council Action. A Comprehensive Rezoning may affect 50 parcels or more which are predominantly under different ownerships.

1. 1.
   Consistency. The proposed Rezoning / Zoning Map Amendment is consistent with the Land Use and Character Map of the Comprehensive Plan, or an adopted subarea plan, corridor plan, or other city policy, and consistent with the purpose statement of the proposed zoning district OR changed conditions have occurred such that the character of the surrounding area is transitioning or being affected by other factors, such as traffic, a new school, adjoining uses, or environmental issues not contemplated by the Comprehensive Plan;
2. 2.
   Compatibility. The range of uses allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property;
3. 3.
   Traffic. The traffic generated by the land uses permissible in the requested Rezoning / Zoning Map Amendment will not lead to undue congestion, noise, or traffic hazards;
4. 4.
   Adequate Public Facilities. Facilities and services are available to serve the subject property without compromising provisions for adequate levels of service to other properties; and
5. 5.
   Natural Environment. The district resulting from the requested Zoning Map Amendment will not cause harm to natural features on or adjacent to the subject property.

1. 1.
   Application.

   1. a.
      Public Hearing and Recommendation. The Planning Commission shall make a recommendation to the City Council. A public hearing shall subsequently be held by the City Council. Such hearings (and notice) shall be provided and conducted in conformance with the procedures set forth in Section 10-9-3.6, Public Meetings and Hearings.
   2. b.

      Decision. The Council shall approve, approve with conditions, or deny a Rezoning / Zoning Map Amendment.

2. 2.
   Council Action.

   1. a.
      Required Notice. Notice pertaining to any contemplated action by the Council on comprehensive rezonings and official zoning map amendments shall be that applicable to the adoption of an ordinance pursuant to the City Code and City Charter. Notice of public hearing before the Commission shall be in accordance with the requirements of Section 10-9-3.5, Public Notice. In addition, for any comprehensive Rezoning, Zoning Map Amendment, or Text Amendment that changes, adds, or removes the types of residential land uses allowed within the SLR, MLR, LLR, and ACR zoning districts, mailed notification shall be provided through the United States Postal Services (USPS), to those property owners, occupants, and addresses within the applicable zoning districts no later than 14 calendar days prior to the public hearing date.
   2. b.
      Additional Notice. At the discretion of the Director, additional forms of notice may be provided, as a courtesy.
   3. c.
      Area Description. While individual legal descriptions are not necessarily required, notice shall describe the area(s) subject to such legislative actions with such specificity as necessary to reasonably apprise all interested parties and citizens of the area(s) and parcels subject to comprehensive rezoning and official zoning map amendment.

1. 1.
   Legal Description. The ordinance shall include a legal description of the area rezoned and a map of the same;
2. 2.
   Record. The City Clerk will maintain a record of all ordinances that change the zoning classification of real property; and
3. 3.
   Map Update. The Director shall update the Official Zoning Map to reflect the new zoning district for the subject property.

1. 1.
   Not Diminished. Enactment of this Section is made in recognition of the General Assembly's declaration that Vested Property Rights are a matter of statewide concern. The Council declares, however, that all rights, powers, and prerogatives granted and reserved by the Constitution of the State of Colorado, the City Charter, and City Code are preserved and are not in any manner diminished by such enactment.
2. 2.
   Other Property Rights. The property rights to be vested by the procedures established in this Section are limited to the right to develop and use real property as approved pursuant to this Section and this Code. Approval of Vested Property Rights, authorized by C.R.S. Title 24, Article 68, Vested Property Rights, or by this Section, shall not imply or be interpreted to mean that any other property rights including, but not limited to, ownership, minerals, water, mortgage liens, covenants, etc., are approved, amended, or otherwise affected.
3. 3.
   Conditions.

   1. a.
      Health, Safety, and Welfare. Nothing contained in this Code shall be construed to prohibit the city administration or the Council from recommending or imposing such terms and conditions on any Vesting Timeline Plan as may be reasonably necessary to protect the public health, safety, and general welfare of Littleton's citizens.
   2. b.
      Waiving Rights. Notwithstanding the provisions of C.R.S. Title 24, Article 68, Vested Property Rights, Section 24-68-106, Miscellaneous Provisions, nothing in this Section shall preclude the owner from waiving Vested Property Rights granted by any other local government pursuant to an Annexation agreement between such owner and the city.
   3. c.
      No Waiver for City. Any Vested Property Rights which may be established pursuant to C.R.S. Title 24, Article 68, Vested Property Rights, shall not preclude the city from applying all ordinances, resolutions, or the regulations of the city which are general in nature and are applicable to all parcels of real property which are subject to land use regulation by the city.
   4. d.
      Forfeiture of Rights. Failure to abide by the terms and conditions set out in this Section, or in a Vesting Timeline Plan approved pursuant to this Section, shall result in the forfeiture of any property rights which may have been vested under this Section. 

1. 1.
   Vested Property Rights run with the applicable property and provide the landowner the right to complete the development and use of the property pursuant to the terms and conditions of the site-specific development plan. Site specific development plans include only the following application types:

   1. a.
      Master Development Plan;
   2. b.
      Abbreviated Site Plan; and
   3. c.
      Site Plan.
2. 2.
   For multi-phase developments, a site-specific development plan may include separate vesting periods for each phase of the development. The Council shall have the authority to review each phase for compliance with this Code, any associated development agreement or subdivision improvement agreement, and any other agreements between the developer and the city.
3. 3.
   Vested Property Rights shall not be created except upon specific application for approval of such rights by an owner, as provided in this Section, and approval by the Council of a site-specific development plan with a Vesting Timeline Plan. Any owner may, but is not required to, apply for the creation of Vested Property Rights provided that, at least, the following conditions exist:

   1. a.
      Location. The subject property is located within the city;
   2. b.
      Permitted Uses. Zoning exists to permit the use or uses for which vesting is sought. The vesting procedure set out in this Section shall not, under any circumstances, be construed as a means by which Variances, conditional uses, or changes in use, density, height limits, or other established development standards are warranted, varied, changed, waived or otherwise approved or amended; and
   3. c.
      Vesting Timeline Plan. The owner has completed and submitted a proposed Vesting Timeline Plan, and notice and hearing requirements of this Section have been met. 

1. 1.
   Vested Property Rights Hearing. Within 60 days after an application is determined complete by the Director, or within a time frame agreed upon by the applicant and Director, a public hearing shall be held by the Council. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings.
2. 2.
   City Council. The Council shall approve, approve with conditions, or deny the Vested Property Rights associated with the applicable site-specific development plan. Applications for site-specific development plans not otherwise requiring approval by the Council shall require Council approval at a public hearing wherever Vested Property Rights are requested.
3. 3.
   Effective Date of Approval; Expiration. 

   1. a.
      Note Required on Site Specific Development Plan. Each site specific-development plan shall include the following note: "Approval of this document constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and pursuant to this Section 10-9-4.3."
   2. b.
      Effective Date of Approval. 

      1. 1.
         The effective date that Vested Property Rights shall be deemed to be created shall be the date on which the Council approves the Vesting Timeline Plan.
      2. 2.
         For purposes of judicial review and referendum, the effective date that vested development rights are deemed to be created shall be the date of publication of a notice advising the general public of the approval and creation of Vested Property Rights. The owner shall cause such publication to be made, which shall occur not later than 14 days following the date of Council approval.
   3. c.
      Expiration. Any Vested Property Rights which may have been approved pursuant to this Section shall be deemed to have expired and/or terminated should any of the following occur:

      1. 1.
         A period of three years, or such lesser or greater period of time as may be specified in the Vesting Timeline Plan, has lapsed since the date of Council approval and no development has occurred on the subject property;
      2. 2.
         Failure by the owner to conform with the terms and conditions of the Vesting Timeline Plan approved by the Council; or
      3. 3.
         Failure by the owner to publish notice of the creation of Vested Property Rights in a newspaper of general circulation within the jurisdiction within the required 14-day period following Council approval.
   4. d.
      Subsequent Regulation Prohibited. Any Vested Property Right, once established, shall not be subject to any subsequent zoning or land use action by the city which would alter, impair, prevent, diminish, or otherwise delay the development or use of the property set out by the approved Vesting Timeline Plan, with the following exceptions:

      1. 1.
         Consent. With the consent of the affected owner(s) or as otherwise established in the Vesting Timeline Plan, a development agreement pertaining to such Vested Property Rights, or similar document;
      2. 2.
         Hazards. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of Vesting Timeline Plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or
      3. 3.
         Compensation. To the extent that the affected owner receives just compensation for all costs, expenses, and liabilities incurred by the owner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, and marketing, legal, and other consultant fees incurred after approval of the Vesting Timeline Plan by the Council, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. 
   5. e.
      Extension and Amendments. 

      1. 1.
         Extension. No extension of the vesting period shall be granted unless such extension is approved by the Council following a public hearing. Such request for extension shall be filed by the owner together with all materials and fees required by this Section to be submitted for original approval. No extension shall be granted by the Council for a period greater than one year.
      2. 2.
         Amendments. 

         1. i.
            Minor amendments to the approved site-specific development plan and Vesting Timeline Plan may be approved by the Director provided that none of the amendments would result in any of the following:

            1. A.
               A change in permitted use;
            2. B.
               An increase in total building coverage;
            3. C.
               An increase in dwelling unit density or total commercial/industrial floor area;
            4. D.
               An increase in building height;
            5. E.
               An increase in traffic generation;
            6. F.
               A reduction of approved private and/or common open space;
            7. G.
               A reduction of approved off-street parking and/or loading space; or
            8. H.
               A reduction of approved street right-of-way paving widths.
         2. ii.
            All other applications for amendments to the approved site-specific development plan and Vesting Timeline Plan must be submitted and reviewed under the same procedures set forth in this Section as required for original approval.
         3. iii.
            Amendments to the site-specific development plan and Vesting Timeline Plan approved pursuant to this Section shall not automatically extend the approved vesting period. Specific applications for the extension of an approved vesting period shall be required. 
   6. f.
      Disclaimer. Nothing in this Section is intended to create any Vested Property Rights.  This Section only establishes the procedures necessary to implement the provisions of C.R.S. Title 24, Article 68, Vested Property Rights.

1. 1.
   Impact Mitigation. The amendment may serve to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
2. 2.
   Changing Conditions. The amendment may serve to address a changing condition that was not anticipated in the Comprehensive Plan or this Code;
3. 3.
   Community Need. The amendment may serve to address demonstrated community needs; 
4. 4.
   Strategic Objectives. The amendment may advance the strategic policies or objectives of the Council, such as fiscal responsibility, efficient use of infrastructure and public services, or other articulated city policies and objectives, or reflect a change in such; or 
5. 5.
   Code Usage. The amendment corrects an error, omission, or other deficiency in the Code, enhances its clarity, or otherwise improves its operation, function, or utility.

1. 1.
   Public Hearings and Recommendation. A public hearing shall be held by the Planning Commission. The Commission shall make a recommendation to the Council, who shall subsequently conduct a public hearing. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings. In addition, for any Text Amendment that changes, adds, or removes the types of residential land uses allowed within the SLR, MLR, LLR, and ACR zoning districts, mailed notification shall be provided through the United States Postal Services (USPS) to those property owners, occupants and addresses within the applicable zoning districts no later than 14 calendar days prior to the public hearing date.
2. 2.
   Decision. The Council shall approve, approve with modifications, or deny a Text Amendment.
3. 3.
   Non-Substantive Amendments. Notwithstanding the other provisions of this Section, the Council may, by resolution, without being required to comply with any public notice requirement per either state law or Section 10-9-3.6, Public Meetings and Hearings:

   1. a.
      Correct spelling or punctuation errors;
   2. b.
      Modify cross-references (because another area of the City Code has been moved or amended);
   3. c.
      Correct cross-reference errors; and
   4. d.
      Make such other revisions as are determined to be non-substantive by the City Attorney. 

1. 1.
   Whether the Annexation complies with the procedures and provisions of C.R.S. § 31-12-101 et seq. (the Municipal Annexation Act of 1965) and Article II, Section 30 of the Colorado Constitution;
2. 2.
   Whether the Annexation complies with the city's Three-Mile Plan, as adopted and amended;
3. 3.
   Whether the Annexation is consistent with the city's Comprehensive Plan, as amended; and
4. 4.
   Whether the area being proposed for Annexation has, or will have at the time of development, the capacity to serve residents of the area with adequate utilities, facilities, and public services; and
5. 5.
   Whether the Annexation is in the best interests of the city.

Procedures.

1. 1.

   Public Hearing. Annexations require approval by the Council following a public hearing pursuant to Section 10-9-3.6 and are subject to such additional hearing, notice, and other requirements as set forth in state statutes and the Colorado constitution.

2. 2.

   Information Required. Applications for Annexation shall include information as required by the city to evaluate whether and the extent to which the Annexation impacts the public health, safety, and welfare of the city.

3. 3.

   Annexation Agreement. Approval of Annexations requires an Annexation agreement to be approved by the city and executed by the landowner and developer, as applicable, prior to the final hearing on annexation. Such agreement shall be executed by the Mayor or Mayor Pro Tem following approval of the Annexation.

4. 4.

   Concurrent Review. Annexations may be considered concurrently with code and zoning amendments, site development and use permits, and subdivisions, provided that no other application shall be approved prior to approval of the related Annexation ordinance and agreement by the Council.​

5. 5.

   Disconnection Procedures. Disconnections of land from the city shall be processed in accordance with C.R.S. §§ 31-12-501 to 31-12-503.

Effect. An Annexation shall become effective in accordance with state statures and the ordinance approving such Annexation. Zoning shall be established on the annexed property no later than 90 days after the effective date of the Annexation ordinance. The Council shall annually review Annexation policies and the Three-Mile Plan to publicly update and document policy related to potential future Annexations.

1. 1.
   ​​​​​​Compatibility. The land use types and characteristics of the proposed land use category will be compatible with the properties in the immediate vicinity of the subject property;
2. 2.
   Impact Mitigation. The amendment may serve to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
3. 3.
   Comprehensive Plan. The proposed amendment supports the goals of the comprehensive plan; and
4. 4.
   Changing Conditions. The amendment may serve to address a changing condition that was not anticipated by the Comprehensive Plan. 

1. 1.
   Public Hearings and Recommendation. A public hearing shall be held by the Planning Commission. The Commission shall make a recommendation to the Council, who shall subsequently conduct a public hearing. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meeting and Hearings. 
2. 2.
   Decision. The Council shall approve or deny an Amendment to the Future Land Use and Character Map. 

1. 1.
   Proposed Benefits. The proposed use and its contemplated size, intensity, and location will provide a use that is necessary or desirable for the neighborhood and community;
2. 2.
   Adverse Impacts.  The proposed use will minimize any adverse impacts on any adjacent property or use;
3. 3.
   Detrimental Impacts. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to property, improvements, or potential development in the vicinity based on:

   1. a.
      The nature of the proposed site, including its size, shape, and topography and the proposed size, location, and arrangement of structures;
   2. b.
      The accessibility and patterns of pedestrian and vehicular traffic, including the type and volume of traffic, locations of ingress and egress, and the adequacy of off-street parking and loading; and
   3. c.
      The provisions for landscaping, screening, common open space, service areas, lighting, and signage.

1. 1.
   Public Hearing and Decision. A public hearing shall be held by the Commission. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings.
2. 2.
   Decision. The Commission shall approve, approve with conditions, or deny the Conditional Use Permit.
3. 3.
   Termination. Any of the following shall terminate the right to operate a conditional use:

   1. a.
      Change in Use. Changing to a use permitted by right;
   2. b.
      Discontinuance. Discontinuing the conditional use for a period of at least 12 months; or
   3. c.
      Violation. Violating or failing to comply with the approved Conditional Use Permit after notice has been given by the city.
4. 4.
   Specifications Effective. Unless a phased development plan is approved with the application, once any portion of a conditional use is utilized, all conditions pertaining to the conditional use shall become immediately effective.
5. 5.
   Reinstatement. The process for reinstatement of a terminated conditional use shall be the same as for original approval.

1. 1.
   Determining Eligibility.

   1. a.
      Parking, Loading, and Stacking. Parking, loading, and stacking areas are proposed to be reconfigured and change the number of spaces by more than 25 percent;
   2. b.
      Structures. Changes are proposed to the location, height, architectural design, or gross floor area of primary buildings or structures, which have a significant impact, in the judgment of the Director, on their relationship to the street, adjoining properties, or adjacent properties;
   3. c.
      Grading, Traffic, or Drainage. Substantial change, in the judgment of the City Engineer, is proposed to the grading, site access, traffic circulation, or drainage plans;
   4. d.
      Open Space. Open space is proposed to decrease by more than 25 percent.
   5. e.
      Density. The approved residential density is proposed to increase by more than 25 percent; or

1. 1.
   Changing Conditions. Necessary because of changed or changing conditions on the property or in the area in which the property is situated;
2. 2.
   No Special Benefit. Fairly applied such that no special benefit is conferred that would not otherwise be conferred on other properties with similar conditions;
3. 3.
   Density and Intensity. Consistent with the nature of development and the density or intensity of land uses originally approved; and
4. 4.
   Public Health, Safety, and Welfare. Likely to result in a relative gain to the public health, safety, or welfare of the community.
5. 5.
   Violation. The request for a Major Plan Amendment does not violate a condition of approval of the original plan or any provision of this Code.

1. 1.
   Referral. The Director shall refer the request for a Major Plan Amendment to the departments and referral agencies for their written recommendations on the request.
2. 2.
   Review and Decision. The Director shall review and approve, approve with conditions, or deny a Major Plan Amendment based on its merit relative to the criteria of this Section and all applicable standards of this Code, or, at the Director's discretion, the plan amendment may be forwarded for final decision of the Commission when:

   1. a.
      The proposed plan amendment warrants a public hearing due to potential adverse impacts of scale, bulk, proximity, height differential, traffic volume or patterns, or other considerations deemed significant by the Director; 
   2. b.
      A referral agency raises substantial concerns as to the effects of the proposed plan amendment on the public health, safety, and welfare; or 
   3. c.
      The proposed plan amendment does not conform to the policies of the comprehensive plan, transportation master plan, or other plan, study or report adopted by the Council.
3. 3.
   Public Hearings and Recommendation. If the proposed plan amendment is forwarded to the Commission by the Director, a public hearing shall be held and the Commission shall approve, approve with conditions, or deny the Major Plan Amendment. Such public hearing (including notice of such hearing) shall be provided and conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings.
4. 4.
   Timeframe. Approval of a Major Plan Amendment shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Major Plan Amendment shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.

1. 1.
   Approval. Upon approval of a Major Plan Amendment, the city may issue Building Permits and other permits for development, construction, and other work in the area encompassed by the approved plan; provided, however, that no permits shall be issued unless the Director is satisfied that all conditions of approval and the requirements of this Code have been met.
2. 2.
   Denial. If denied, the applicant may proceed with the Site Plan or Master Development Plan as originally approved.

1. 1.
   Major Plan Amendment. Not eligible for consideration as a Major Plan Amendment;
2. 2.
   Violation. The request ​​​​​​​does not violate a condition of approval of the original plan, or of any provision of this Code.
3. 3.
   Non-Material. Non-material as to the effects on the originally approved Site Plan or Master Development Plan and the impacts on adjacent properties or the public health, safety and welfare;
4. 4.
   Large-Scale Development. Not deemed to be a large-scale development as set out in Section 10-9-5.7, Master Development Plan; and
5. 5.
   Referral. Generally consistent with the regulations, or requirements of a referral agency.

1. 1.
   Referral. The Director shall refer the request for a Minor Plan Amendment to the departments and referral agencies for their written recommendations on the request.
2. 2.
   Decision. If referral agencies provide any concerns regarding the proposed amendment, the Minor Plan Amendment may be referred to the Planning Commission for their decision. Planning Commission may choose to approve, approve with conditions or deny the application. If there are no concerns expressed by referral agencies and the applicant has shown compliance with applicable decision criteria set forth above, the Director may decide to approve, approve with conditions or deny the application for a Minor Plan Amendment to an approved plan.
3. 3.
   Time Frame. Approval of a Minor Plan Amendment shall be valid for the period of time set out in Table 10-9-3.10.1, Development Review Summary. Thereafter, the Minor Plan Amendment shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.
4. 4.
   Options of Applicant. Should the Minor Plan Amendment be denied, the applicant has the option to either:

   1. a.
      Withdraw the request fully;
   2. b.
      Modify the request and resubmit for review;
   3. c.
      Appeal the decision to the Commission; or
   4. d.
      Submit the request as a Major Plan Amendment.

1. 1.
   Full Site Plan. A Site Plan is required for the development of one or more single-family attached, multi-family, or non-residential buildings, subject to:

   1. a.
      All applicable standards of Article 10-1-3, Design;
   2. b.
      The lot and building standards of the applicable district(s);
   3. c.
      Completion of construction in a single phase of development;
   4. d.
      The site of the proposed development being:

      1. 1.
         Less than 10 acres in size; or
      2. 2.
         Less than 100,000 square feet of gross floor area in a single building or 150,000 square feet in two or more separate buildings.
2. 2.
   Abbreviated Site Plan. For developments without a previously approved Site Plan, the Director may allow an Abbreviated Site Plan if the following conditions, as applicable, have been met:

   1. a.
      The proposed construction or improvement is for an existing building or a new accessory structure;
   2. b.
      The size of a new proposed accessory structure is less than 1,000 square feet or ten percent of the principal structure's building coverage, whichever is greater;
   3. c.
      There are no more than four dwelling units on the subject property;
   4. d.
      An addition to an existing non-residential building is less than 5,000 square feet in gross floor area;
   5. e.
      The proposed construction or improvement does not increase the required off-street parking or affect traffic access or circulation beyond what may be allowed by Section 10-9-9.1;
   6. f.
      Landscaping is replaced by similar landscaping to an equal or greater extent;
   7. g.
      Proposed changes will preserve natural features without changing the basic site layout;
   8. h.
      A change in the type or design of lighting does not change the intensity of light at the property boundary;
   9. i.
      The proposed construction or improvement does not require any Variances exceeding Administrative Adjustments allowed by Section 10-9-9.1;
   10. j.
       Changes are required by the city or a state or federal regulatory agency in order to conform with other laws or regulations; and
   11. k.
       Construction of or an addition to a duplex or twin home is not within a mixed-use development.
3. 3.
   Site Plan Not Required. A Site Plan shall not be required for the following:

   1. a.
      Single-family detached dwellings and their accessory structures (except when required by Subsection 10-1-1.2.A);
   2. b.
      Interior renovations to a building, provided the renovation does not require the addition of parking or loading spaces;
   3. c.
      Reduction in size of a structure;
   4. d.
      Demolition of a structure; 
   5. e.
      Signs; and
   6. f.
      Exterior renovations which do not increase either the building's square footage or increase the building's height. 

1. 1.
   Prior Approvals. Compliance with any prior approvals and all applicable development, design, and transition standards of this Code;
2. 2.
   Comprehensive Plan. Consistency with the Comprehensive Plan and all other applicable adopted plans;
3. 3.
   Design. The location, arrangement, size, and design of buildings, lighting, signs, landscaping, and bufferyards that conform to the standards of the applicable district(s);
4. 4.
   Scale. The scale of the proposed use(s) in relation to one another and those on adjacent properties;
5. 5.
   Adequate Level of Service. An adequate level of service of existing or proposed public facilities;
6. 6.
   Nuisances. Sufficient protection for adjacent properties against noise, glare, unsightliness, or other objectionable features;
7. 7.
   Access, Circulation, and Parking. Adequate, safe, and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways, transit access (where applicable), off-street parking and stacking and loading spaces; and
8. 8.
   CPTED. Consistency with Subsection 10-1-3.2.B, CPTED (Crime Prevention Through Environmental Design).

1. 1.
   Referral. The Director shall refer the request for a Site Plan to the departments and referral agencies for their written recommendations on the request.
2. 2.
   Review and Decision. On receipt of a completed application for a Site Plan, the Director shall review the plan to determine its compliance with the applicable provisions of this Code and any conditions of an approved Conditional Use or Variance. The Director shall determine if the proposed Site Plan satisfies the Site Plan approval criteria and if so, may approve, approve with conditions, or deny the Site Plan.
3. 3.
   Plan Amendment. Modifications of an approved Site Plan are deemed as either a Minor or Major Plan Amendment, as set out in Section 10-9-5.3, Minor Plan Amendment, and Section 10-9-5.2, Major Plan Amendment.
4. 4.
   Time Frame. Approval of a Site Plan shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Site Plan shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.

1. 1.
   Review and Decision.

   1. a.
      The Director shall examine the application and plans and the premises upon which the proposed temporary use is to be conducted. A use requiring electrical service shall be reviewed by the Chief Building Official to determine compliance with the adopted electrical code as a condition of granting the Temporary Use Permit.
   2. b.
      In accordance with the Director’s determination as to whether the application complies with the requirements this Code and other applicable regulations, codes, the Director may approve, approve with conditions, or deny the application, as applicable.
2. 2.
   Time Frame. Approval of a Temporary Use Permit shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Temporary Use Permit shall ,expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.

Applicability. A Zoning Certificate shall be required for accessory structures under 120 square feet in area.

Decision Criteria. The Director may approve, approve with conditions, or deny a Zoning Certificate based on findings that the request demonstrates conformity with the provisions of this Code.

1. 1.
   When Required. Except when an applicant has elected to develop in accordance with the regulations and standards of an approved PD or PDO, a MDP is required for:

   1. a.
      A development site of 10 acres or greater in size; or
   2. b.
      Construction in two or more phases; or
   3. c.
      Large-scale development with:

      1. 1.
         100,000 square feet or more of gross floor area in a single building, including big-box stores, supermarkets, wholesale stores, and multi-tenant shopping centers; or
      2. 2.
         Two or more separate buildings and a combined square footage of 150,000 square feet or more; or
   4. d.
      Non-residential or multi-family residential developments within a PL-O proposing to develop in accordance with the underlying zoning district, as detailed in Subsec. 10-1-1.2.A. 
2. 2.
   General Content. A MDP, whether Conceptual or Detailed, is required to illustrate the nature and character of development within the parameters of the underlying zoning district, including:

   1. a.
      Context. The context of the proposed development relative to adjacent development and the proposal for transitioning and buffering such development;
   2. b.
      Location, Scale, and Design. The locations and types of residential, non-residential, and mixed land uses; their scale and design relationships; and methods to promote compatibility between the various uses and adjacent lots;
   3. c.
      Density. Minimum and maximum gross densities, block sizes, lot patterns, and heights of residential uses;
   4. d.
      Intensity. Maximum gross floor areas, building coverage, and heights of non-residential and mixed uses;
   5. e.
      Parking and Circulation. The proposed parking and circulation plans;
   6. f.
      Streets. The patterns, functional classifications, and cross-sections of streets within and adjacent to the development, along with the network of pedestrian and bicycle improvements;
   7. g.
      Common Open Space. General locations, means of continuity and connectivity, and the extent of common open spaces and amenities;
   8. h.
      Environmental Protection. Areas of environmental protection and preservation, including floodplains and riparian areas, wetlands and water bodies, and vegetated areas; and
   9. i.
      Phases. Phases and timing of development.
3. 3.
   Additional Content Specific to MDP (Conceptual) for Mixed-Use Developments. In addition to the above content, an MDP (Conceptual) must provide evidence of adherence to Subsection 10-3-3.2.B(D), Mixed-Use Development Layout and Design.
4. 4.
   Additional Content Specific to MDP (Detailed) for NC or CM zoning districts. In addition to the above content, an MDP (Detailed) is required to demonstrate adherence to design details outlined in Subsection 10-3-3.2.B(D), Mixed-Use Development Layout and Design and 10-3-3.2.B(E), CMU Design Standards.

1. 1.
   Zoning District Conformance. The plan demonstrates compliance with the applicable zoning district and design standards.
2. 2.
   Layout. The MDP demonstrates a site layout and circulation plan that is efficient relative to its context and location and is designed to achieve the intent and purpose of the underlying zone district.  
3. 3.

   Quality Design. The MDP provides for high quality design of building architecture and landscape architecture​​​​​​​ to establish ​​​​​visual interest, aesthetic appeal, and a unique identity for the development including human-scale amenities, and​​​​​​​ integration of civic spaces for public interaction​​​​​​​;

4. 4.
   Natural Resources. The MDP identifies unique and desired natural features of the site and when possible, preserves or enhances those features;  
5. 5.
   Additional Criterion Specific to a MDP (Detailed). The MDP provides sufficient detail to establish that at least one phase of the plan is in conformance with all applicable building, site, and other standards of this Code. (Subsequent phases will require approval of a Site Plan, as described in Section 10-9-5.1, prior to development.)

1. 1.
   Referral. The Director shall refer the request for a MDP to the departments and referral agencies for their written comments on the request. 
2. 2.
   Review, Public Hearing and Decision. On receipt of a completed application for a MDP, the Director shall review the plan to determine its compliance with the applicable provisions of this Code and any conditions of an approved Conditional Use or Variance. Following public notice per Section 10-9-3.5, Public Notice, and a public hearing, the Commission shall approve, approve with conditions, or deny the MDP.
3. 3.
   Timeframe. Approval of a MDP shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the MDP shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions. 

1. 1.
   Fifty-one percent (51%) or more of the original building's Gross Floor Area must be preserved to qualify as adaptive reuse.
2. 2.
   Building additions, and new buildings on the subject lot, must not be more than fifty percent (50%) of the original building's Gross Floor Area. 
3. 3.
   The subject lot is on the City of Littleton Legacy List.
4. 4.
   In the event subsection 1-3 above are not met, the Director shall have the authority to approve the Adaptive Reuse of other buildings and uses.

   1. a.
      In qualifying a lot for adaptive reuse, the Director shall find the the following conditions to exist: 

      1. 1.
         The subject lot is zoned consistent with the policies of the adopted Comprehensive Plan;
      2. 2.
         Adaptive reuse may resolve or reduce the extent of existing nonconformities, as set out in Chapter 10, Nonconformities; 
      3. 3.
         The use has functional and operational constraints, such as limited lot area, floor area deficiencies, parking or loading area, etc.; and
      4. 4.
         Redevelopment of the subject lot would be unnecessarily burdensome by reason of compliance with this Code (restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot) or cost.
   2. b.
      The Director shall not grant adaptive reuse status to any property whose principal structure is found to be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost, which shall be determined by the Chief Building Official on the basis of a cost per square foot of comparable structures using indices based upon the local construction market. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.

1. 1.
   Off-Street Parking

   1. a.
      The required number of parking spaces shall be the lesser of the current number of spaces that exist on the lot or the minimum number of spaces required by Subsection 10-1-3.7.A, Parking and Loading.
   2. b.
      To the greatest extent possible, the number of spaces shall be maintained and not reduced. Adaptive reuse projects are otherwise exempt from the parking standards of this Code. 
2. 2.
   Loading Space

   1. a.
      If no loading spaces exist, then a loading space is not required in conjunction with the development of an adaptive reuse project. Where an existing loading space is provided, the requirements of Subsection 10-1-3.7.A, Parking and Loading, apply. 
3. 3.
   Floor Area Ratio

   1. a.
      Residential floor area that does not exceed more than thirty-three percent (33%) of the floor area of the ground floor is not considered new floor area for purposes of calculating a floor area ratio. Mezzanines are not included in the calculation of floor area for the purpose of determining compliance with this standard, so long as it does not add a new dwelling unit. 
4. 4.
   Dimensional Standards

   1. a.
      Existing floor area, setback encroachments, yards, or heights that do not comply with the standards permitted in the zoning district are permitted.
   2. b.
      New setback encroachments may be allowed for building additions to align with the existing building's setbacks. 
5. 5.
   Design Standards 

   1. a.
      Existing building facades are exempt from the design standards of this code.
   2. b.
      Director may waive certain general and zone specific design standards for additions or new buildings on the site. Further, the Director may waive specific design standards based upon the site configuration, if the addition or new building is not prominent on site, does not take direct access from the public ROW, or front pedestrian or bicycle routes
6. 6.
   Density

   1. a.
      Dwelling units are not subject to the minimum lot area requirements of the zoning district. 

1. 1.
   Waivers and Modifications. For proposals meeting the criteria of this Section, the applicable development standards and other provisions of this Code may be modified or waived by the Director upon finding adequate evidence that the proposed use: 

   1. a.
      Will be compatibly designed, constructed, and maintained with the existing and intended character of the vicinity;
   2. b.
      Will not be hazardous or disturbing to existing or future neighboring uses;
   3. c.
      Will be served adequately by essential public services and facilities; and
   4. d.
      Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odor.
2. 2.
   Safeguards. The Director may require such additional safeguards as deemed necessary for the protection of the general welfare and for ensuring individual property rights and that the intent and objectives of this Code will be observed.

1. 1.
   Conformance with Design Concept. The overall design and all uses proposed in connection with an adaptive reuse project shall be consistent with and promote the intent of this Section.
2. 2.
   Recognizable Benefits. The adaptive reuse project will result in recognizable and substantial benefits to the users of the project and to the community where such benefits would otherwise be unfeasible or unlikely to be achieved.
3. 3.
   Compatibility. The proposed adaptive reuse project shall be designed with due regard to its relationship with development on surrounding properties, including building heights, setbacks, density, parking, circulation, landscaping, views, and other layout features. In particular, consideration shall be given to the following:

   1. a.
      The bulk, placement, architecture, and types of materials used in the construction of proposed structures;
   2. b.
      The location and screening of vehicular circulation and parking areas in relation to surrounding development;
   3. c.
      The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development; and
   4. d.
      Common open space, landscaping, and other lot amenities.
4. 4.
   Impact of Traffic. The adaptive reuse project shall be designed to minimize any adverse impact of traffic generated by the proposed development. Consideration shall be given to the following:

   1. a.
      Estimated traffic to be generated by the proposed development;
   2. b.
      Access to commercial corridors;
   3. c.
      Proximity and relation to intersections;
   4. d.
      Location of and access to off-street parking;
   5. e.
      Required vehicular turning movements;
   6. f.
      Provisions for pedestrian and bicycle traffic and public transit; and
   7. g.
      Access to loading and unloading areas.
5. 5.
   Public Services. The proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities including water and wastewater services, public roads, fire and police protection, and schools. The proposal shall not place an undue burden upon the subject or surrounding land or property owners and occupants or the natural environment.
6. 6.
   Consistency with the Comprehensive Plan. The adaptive reuse project shall be consistent with the policies of the adopted Comprehensive Plan and with the spirit and intent of this Code.
7. 7.
   Economic Impact. The adaptive reuse project shall result in a net positive economic impact upon surrounding properties.
8. 8.
   Compliance with Applicable Regulations. The adaptive reuse project shall be in compliance with all applicable federal, state, county, and local laws and regulations.
9. 9.
   Phasing. Where an adaptive reuse project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space; and shall contain the necessary components to ensure the protection of natural resources and the health, safety, and welfare of the users of the adaptive reuse project and the occupants of the surrounding area.

1. 1.
   Referral. The Director shall refer the request for an Adaptive Reuse Plan to the departments and referral agencies for their written recommendations on the request.
2. 2.
   Review and Decision. On receipt of a completed application for an Adaptive Reuse Plan, the Director shall review the plan to determine its compliance with the applicable provisions of this Code and any conditions of an approved Conditional Use or Variance. The Director shall determine if the proposed Adaptive Reuse Plan satisfies the Adaptive Reuse Plan approval criteria and if so, may approve, approve with conditions, or deny the Adaptive Reuse Plan.
3. 3.
   Plan Amendment. Modifications of an approved Adaptive Reuse Plan are deemed as either a Minor or Major Plan Amendment, as set out in Section 10-9-5.3, Minor Plan Amendment, and Section 10-9-5.2, Major Plan Amendment.
4. 4.
   Time Frame. Approval of an Adaptive Reuse Plan shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Site Plan shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.

1. 1.
   Compliance with City Comprehensive Plan. The MSP is consistent with the goals and objectives of the City's Comprehensive Plan and any applicable Sub-Area Plans, ensuring that the plan supports the overall vision for the area. 
2. 2.
   Compliance with Zoning District Sign Standards. The MSP adheres to the requirements of applicable sections of the land use code pertaining to signage or provides justification of any deviations.
3. 3.
   Public Health, Safety, and Welfare. The location, size and appearance of signs outlined in the MSP do not impede public health, safety and welfare. The MSP shall ensure signs are placed where they can be easily seen without obstructing visibility for others, respecting setbacks, sightlines, and pedestrian pathways. 
4. 4.
   Context to surrounding built environment. The MSP ensures compatibility with the scale and character of adjacent properties, both residential and non-residential, by minimizing negative impacts such as light pollution, visual clutter, sightline obstruction, pedestrian impediments, and excessive signage.
5. 5.
   Quality Design and Consistency with Development Specific Design Guidelines. The MSP provides for high quality design of signage that establishes visual interest, aesthetic appeal, and a unique identity for the development. If specific development design standards exist for the subject property, the MSP adheres to the guidance provided in the development design standards.
6. 6.
   Visual Equity. The MSP provides for the fair allocation of signage opportunities to ensure all tenants, regardless of their location or size, have adequate visibility to attract customers and communicate their brand effectively. 
7. 7.
   Wayfinding (if applicable). The MSP lays out a wayfinding signage plan that reduces confusion and promotes pedestrian and vehicular safety for the development.

1. 1.
   Application Required. 

   1. a.
      Authority to Submit Application. Applications for a Master Sign Plan pursuant to this Section shall be submitted by the owner, contract purchaser, or any other person having a recognized property interest in the subject property. 

      1. 1.
         The application may be submitted instead by a person authorized by notarized or certified letter or document on behalf of the owner, contract purchaser, or other person having a recognized property interest in the subject property. 
      2. 2.
         ​​​​​​​If there are multiple owners, contract purchasers, or other persons authorized to submit the application for the Master Sign Plan, all such persons shall sign the application or submit a certified or notarized letter or document consenting to the application. 
2. 2.
   Forms and Fees. Applications shall include the corresponding application fee that shall be established and from time to time revised by resolution of the city council. Submittals shall contain plan documents sufficient to demonstrate compliance with provisions outlined in Section 10-1-3.10.G, Master Sign Plan.
3. 3.
   Referral. The Director shall refer the request for a Site Plan to any impacted departments and referral agencies for their written recommendations on the request. 
4. 4.
   ​​​​​​​Review and Decision. On receipt of a completed application for an MSP, the Director shall review the plan to determine its compliance with the applicable provisions of this Code and any conditions of an approved Planned Development Overlay or Variance. The Director shall determine if the proposed MSP satisfies the decision criteria. 
5. 5.
   Individual Sign Permits Still Required: Individual sign permits are required for signs within an approved MSP. 
6. 6.
   Plan Amendment. Modifications of an approved MSP are deemed to be Minor Plan Amendments, as set out in Section 10-9-5.3, Minor Plan Amendment.
7. 7.
   Time Frame. Approval of an MSP shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the MSP shall expire unless, prior to such expiration, a sign permit (individual) is issued per the approved MSP requirements, or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions. 

1. 1.
   Certification Required.

   1. a.
      The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor certifying that the construction of a development complies in all respects with the floodplain development standards.
   2. b.
      Floodproofing measures require certification by a registered professional engineer or registered architect that floodproofing measures, by means other than filling, were designed to:

      1. 1.
         Withstand flood pressures, depths, velocities, uplift and impact forces, and other regional flood factors;
      2. 2.
         Protect structures to the flood protection elevation;
      3. 3.
         Anchor structures to foundations to resist flotation and lateral movements; and,
      4. 4.
         Ensure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
2. 2.
   Inspection and Certificate Required. No certificate of occupancy shall be issued for any structure, manufactured home, or other use until an inspection by the Floodplain Administrator and a Certificate of Compliance has been issued by the Floodplain Administrator.
3. 3.
   Certified Report Required. Any person seeking a Certificate of Compliance for property located in a floodplain shall submit a certified report from a registered engineer competent in open channel hydraulics that the fill, building flood elevations, floodproofing measures, or other protective measures are complete and in compliance with Article 10-7-1, Floodplain Regulations.

1. 1.
   Review and Decision. If it is determined that the use and buildings are in compliance with the city's floodplain regulations, and all certifications and reports have been provided, the Administrator shall issue a Certificate of Compliance.
2. 2.
   Time Frame. Approval of a Certificate of Compliance shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Certificate of Compliance shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted, as set out in Section 10-9-3.8, Expired Approvals and Extensions.
3. 3.
   Issuance of Certificate of Compliance. If the report certifies full compliance with the Floodplain Regulations and with any conditions attached to the approval of a Floodplain Development Permit, the Floodplain Administrator shall issue the Certificate of Compliance within 10 days of receipt of the report.

1. 1.
   Restricted Purpose of Certificate of Compliance. A Certificate of Compliance is not, for any purpose, considered a Certificate of Occupancy, nor does it waive any requirements for building permits. (Revised 6-12-1992)
2. 2.
   Recording. The specific elevation of the lowest floor (including basements), or the specific elevation to which the structure is floodproofed, shall be recorded on the Certificate of Occupancy.

1. 1.
   Review and Responsibility. ​​​​​​The applicant's engineer of record is responsible for the completeness, accuracy, and conformance with city requirements of all construction documents. city review is limited to facts as presented on submitted plans. The city has no project engineering responsibility.
2. 2.
   Decision. The City Engineer shall approve, approve with conditions or deny the Construction Plans based upon their compliance with LEDS and other applicable standards.
3. 3.
   Time Frame. Approval of Construction Plans shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Construction Plans shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted, as set out in Section 10-9-3.8, Expired Approvals and Extensions.
4. 4.
   Field Corrections. The city reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted Construction Plans.

1. 1.
   LEDS. The design of the proposed access complies with the Littleton Engineering Design Standards (LEDS);
2. 2.
   Access and Circulation. The proposed access location adheres to the requirements of Subsection 10-1-3.9.B, Vehicular Access and Circulation;
3. 3.
   Drainage. The proposed access does not block or divert surface water from its intended path;
4. 4.
   Utilities. The applicant has contacted, or represented that it will contact, all applicable utility providers in advance of any excavation and construction; and
5. 5.
   Safety. The City Engineer has determined that the proposed access will not create an unsafe condition for the traveling public.

1. 1.
   Review and Decision.

   1. a.
      The application and accompanying information and data submitted by an applicant for an Access Permit shall be reviewed by the City Engineer. The application may also be reviewed by other departments or agencies to verify compliance with all applicable regulations, standards, and specifications.
   2. b.
      If the City Engineer finds that the work described in an application for an Access Permit conforms to the requirements of all applicable standards and other pertinent laws, regulations, and ordinances, an Access Permit shall be issued to the applicant.
2. 2.
   Time Frame. Approval of an Access Permit shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the site Access Permit shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted, as set out in Section 10-9-3.8, Expired Approvals and Extensions.

1. 1.
   File a plat for subdivision within a special flood hazard area;
2. 2.
   Modify a special flood hazard area; or 
3. 3.
   Develop or construct structures or improvements, or grade or otherwise alter the ground within a special flood hazard area.

1. 1.
   Danger to Life and Property. The danger to life and property due to flooding or erosion damage;
2. 2.
   Susceptibility to Flooding. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. 3.
   Sweeping of Materials. The danger that materials may be swept onto other lands to the injury of others;
4. 4.
   Access. The safety of access to the property in times of flood for ordinary and emergency vehicles;
5. 5.
   Cost of Public Services. The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; and
6. 6.
   Floodwaters. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action expected at the site, where applicable, are manageable;

1. 1.
   Application. ​Application for a Floodplain Development Permit shall be submitted to the Public Words Department / Engineering Division's Floodplain Administrator. The application shall include plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations and existing and proposed structures in relation to areas of special flood hazard. Information regarding floodplain applications is contained in the city's Storm Drainage Design and Technical Criteria Manual (SDDTC). 
2. 2.
   Completeness. Applications shall be determined by the Administrator to be complete and accurate to be accepted for processing.
3. 3.
   Public Notice. If the project requires approval of a FEMA Conditional Letter of Map Revision (CLOMR) prior to construction, then public notice to the affected property owners and residents shall be required as detailed by the National Flood Insurance Program requirements. In a non-FEMA floodplain, a proposed floodplain impact matching or exceeding that of the CLOMR requirements shall require the same public notice of affected property owners and residents.
4. 4.
   Decision. The Administrator shall approve, approve with conditions, or deny the application for a Floodplain Development Permit.
5. 5.
   Time Frame. Approval of a Floodplain Development Permit shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Floodplain Development Permit shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or an extension has been requested and granted as set out in Section 10-9-3.8, Expired Approvals and Extensions.
6. 6.
   Permit Revocation.

   1. a.
      When the Administrator finds there are grounds for revocation, written notice by certified mail, return receipt requested, shall be given to the permittee at the address on the permit application. That notice may include a stop-work order requiring that any work currently underway be stopped immediately, and shall set out:

      1. 1.
         The specific grounds upon which the Floodplain Development Permit may be revoked;
      2. 2.
         The fact that there will be a hearing before the Administrator to seek the revocation of the permit;
      3. 3.
         The date, time, and place of the hearing; and
      4. 4.
         The fact that the permittee may appear in person or be represented by an attorney.
   2. b.
      After completion of the presentation of evidence by all parties, the Administrator shall make written findings and render a written order as to whether or not there are grounds for revocation of the Floodplain Development Permit. If so, the Floodplain Development Permit shall be revoked. The Administrator may take other lesser actions including, but not limited to, a temporary suspension of the permit, revision of the Floodplain Development Permit, or an addition of conditions.

1. 1.
   Required. A Grading Permit shall be required, per the Littleton Storm Drainage Design and Technical Criteria Manual to ensure compliance with all provisions of this Code before any permit is issued or any improvement, grading, land-disturbing activity, or alteration of land, buildings, or other structures commences.
2. 2.
   Exempt. A Grading Permit is not required for routine landscape maintenance, removal of dead or diseased trees or shrubs, or the removal of vegetation to eliminate a potential fire hazard.

1. 1.
   Review and Decision.

   1. a.
      The application and accompanying information and data submitted by an applicant for a Grading Permit shall be reviewed by the City Engineer. The application may also be reviewed by other departments or agencies to verify compliance with all applicable regulations, standards, and specifications. 
   2. b.
      If the City Engineer finds that the work described in an application conforms to the requirements of all applicable standards and other pertinent laws, regulations, or ordinances, a Grading Permit shall be issued to the applicant.
2. 2.
   Time Frame. Approval of a Grading Permit shall be valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Grading Permit shall expire unless, prior to such expiration, all work contemplated by the approval has been completed or ​​​​​​​an extension has been requested and granted, ​​​​​​​as set out in Section 10-9-3.8, Expired Approvals and Extensions.

1. 1.
   Standards Applicable to All Districts. Section 10-1-3.10, Sign Standards; and
2. 2.
   Standards of Individual Districts.

   1. a.
      Article 10-2-5, DT Signs;
   2. b.
      Article 10-3-5, CMU Signs;
   3. c.
      Article 10-4-5, NB Signs; and
   4. d.
      Article 10-5-5, BI Signs. 

1. 1.
   Application Review. The Director shall examine the plans and specifications and the premises upon which the proposed sign is to be erected.
2. 2.
   Chief Building Official Review. An application for a Sign Permit requiring electrical service shall be referred by the Director to the Chief Building Official. The Chief Building Official shall examine the plans and specifications to determine compliance with the adopted electrical code as a condition of granting the Sign Permit.
3. 3.
   Decision. Upon receipt of comments, but in no event later than fourteen days after receipt of a complete application, the Director shall approve, approve with conditions or deny the application for a Sign Permit. The Director may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this Code.
4. 4.
   Time Frame. Approval of a Sign Permit shall be made in accordance with legal requirements and shall remain valid for the period of time set out in Table 10-9-3.9.1, Development Review Summary. Thereafter, the Sign Permit shall expire unless, prior to such expiration, the installation of the sign contemplated by the approval has been completed, or an extension has been requested and granted, as set out in Section 10-9-3.8, Expired Approvals and Extensions.
5. 5.
   Inspection. The Director may inspect the sign to ascertain whether the structure is secure and in conformance with the permit application.

1. 1.
   Minor Subdivisions. Subdivide an existing lot or parcel into four or fewer new lots;
2. 2.
   Right of Way Dedication. Right of way dedication that has been contemplated for acquisition under City adopted plans, at the time of application;
3. 3.
   Lot Line Adjustment. Move, reconfigure, or revise an existing platted lot line;
4. 4.
   Boundary Adjustment.

   1. a.
      Adjust a platted subdivision boundary between not more than two existing platted lots within two separate filings or subdivisions;
   2. b.
      Adjust a platted subdivision boundary to include an adjacent unplatted parcel of land;
5. 5.
   Easement/Building Envelope Vacation. Vacate an existing platted building envelope on an existing platted lot or vacate an existed platted easement of the city's, provided that the building envelope or easement, as applicable, was dedicated and designated through a plat, only affects two lots or less, and, with respect to an easement of the city's, all benefitting utility providers' consent to the vacation; or
6. 6.
   Consolidation. Consolidate platted lots.

1. 1.
   Lots. The proposed plat contains from one to four lots;
2. 2.
   Conformance with Subdivision Regulations. The proposed plat conforms with the provisions of Chapter 6, Subdivision Standards;
3. 3.
   Street Access. All lots in the subdivision will have legal access to the public street system; and
4. 4.
   Number of Administrative Plats. The lot or parcel has not been previously administratively platted more than two times as applicable; and
5. 5.
   Easement Vacation. Any city easement being vacated is no longer necessary.

1. 1.

   In all material components and details, it reflects those of the Preliminary Plat; and

2. 2.

   Any deviations from the Preliminary Plat are, in the judgment of the Director, de minimis; do not require an administrative adjustment, variance, or other formal approval pursuant to the provisions of this Code; and are not otherwise detrimental to the public health, safety, or welfare.

1. 1.
   Preparation. The subdivider shall cause the preparation of a Final Plat of the proposed subdivision to be done by a Colorado registered land surveyor, duly registered to practice in Colorado.
2. 2.
   Review and Recommendation. The Director shall review the request and approve, approve with conditions, or deny the Final Plat.  

1. 1.
   Purpose. A Preliminary Plat is required for the subdivision of land into five or more lots.
2. 2.
   Preparation. The subdivider shall cause the preparation of a Preliminary Plat of a proposed subdivision by a registered land surveyor. The plat shall comply with the provisions of this Code, of the City Code, and state law. 

1. 1.
   Conformance. The Preliminary Plat conforms to the Comprehensive Plan and all applicable requirements of this Code;
2. 2.
   Zoning. Any new lots created and subsequent development of the site shall conform to the zoning requirements for the district in which it is located in; and
3. 3.
   Standards and Specifications. Any new lots and subsequent development conforms to the design and improvement standards in the Littleton Engineering Design Standards (LEDS).

1. 1.
   Review and Recommendation. The Director and the Director of Public Works shall review the Preliminary Plat and make a recommendation to the Commission.
2. 2.
   Public Hearing and Decision. The Commission shall approve, approve with conditions, or deny the Preliminary Plat. Notice of such hearing shall be provided to mineral estate owners in accordance with C.R.S. Title 24, Article 65.5.  

1. 1.
   Next Steps. Approval of a Preliminary Plat shall allow the applicant to proceed with the submission of Construction Plans and application for Final Plat approval.
2. 2.
   Grant of Approval. Approval of the Preliminary Plat shall be deemed general approval of the subdivision's layout only and shall not constitute approval or acceptance of Construction Plans or a Final Plat.
3. 3.
   Validity. The approval of a Preliminary Plat shall be as set out in Section 10-9-3.9, Development Review Summary.
4. 4.
   No Public Dedication. Approval of the Preliminary Plat shall not constitute the acceptance of any public improvements or the creation and granting of any easements.

1. 1.
   Consistent with Final Plat. The Technical Corrections to a Plat shall be consistent with the approved Final Plat except for those technical errors which are to be corrected; and
2. 2.
   No Increase in Lots. Technical errors shall not result in an increase in the number of lots contained on the approved Final Plat or the dedication or elimination of dedication of real property to the city. 

1. 1.
   General Notes. Contained within the general notes should be a purpose statement, the name of the plat that the correction supersedes, and any other notes which are pertinent to the Technical Corrections to a Plat.
2. 2.
   Recording. Upon completion of Technical Corrections to a Plat, all pages of the previously recorded plat for which a correction is made shall be recorded in the office of the County Clerk and Recorder.
3. 3.
   Appeal. There shall be no appeal of the decision of the Director in approving a Technical Correction to a Plat.

1. 1.
   Property Owner. The owner(s) of the property covered by a plat may submit an application to vacate the plat at any time before any lot in the plat is sold;
2. 2.
   All Lot Owners. If lots in the plat have been sold, an application to vacate the plat shall be submitted by all owners of lots in the plat; or
3. 3.
   City Council. If the Council, on its own motion, determines that a plat should be vacated in the interest of and to protect the public's health, safety and welfare; and:

   1. a.
      No lots within the approved plat have been sold within five years following the date the Final Plat was approved;
   2. b.
      The owner has breached a subdivision improvement agreement, and the city is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or the property owner's successor; or
   3. c.
      The plat has been of record for more than five years, and the Council determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety, and welfare, except that the vacation shall apply only to lots owned by the property owner or the property owner's successor.

1. 1.
   Easements. Vacation of the plat will not result in lots without adequate utility or drainage easements;
2. 2.
   Rights-of-Way and Access Easements. Vacation of the plat will not vacate street rights-of-way or access easements needed to access other property;
3. 3.
   Public Facilities. Vacation of the plat will not inhibit the provision of adequate public facilities or services to other property as required by this Code; and
4. 4.
   Comprehensive Plan. Vacation of the plat is consistent with the Comprehensive Plan.

1. 1.
   Preparation. The applicant shall cause a Vacation Plat to be prepared as a Final Plat. A Vacation Plat shall be prepared by and have the seal of a Colorado registered land surveyor, duly registered to practice in Colorado.
2. 2.
   Review and Recommendation. The Director shall review the request and make a recommendation to the Commission.
3. 3.
   Public Meeting and Decision. Within 45 days after an application is determined complete by the Director, or within a time frame agreed upon by the applicant and Director, a public meeting shall be held by the Commission who shall approve or deny the Vacation Plat.

1. 1.
   On the execution and recording of the Vacation Plat, the previously filed plat shall have no effect.
2. 2.
   Regardless of the action on the application, the owner(s) or subdivider shall have no right to a refund of any monies, fees, or charges paid to the city nor the return of any property or consideration dedicated or delivered to the city.
3. 3.
   The plat is vacated when a signed, acknowledged Vacation Plat is approved and recorded in the manner prescribed for the original plat.
4. 4.
   The Council, at its discretion, shall have the right to retain all or specific portions of road rights-of-way or easements shown on the Vacation Plat. However, the Council shall consider plat vacation upon satisfactory conveyance of easements and rights-of-way in a separate legal document using forms provided by the City Attorney.

1. 1.
   Any request to vacate a public street owned in fee simple by the city or an easement held by the city, in whole or in part, shall comply with the requirements of this Section. Vacation of a such as public street or easement may be initiated by an abutting property owner(s) for a public street, underlying property owner(s) for easements, or the City Manager.
2. 2.
   Unless the application qualifies for administrative approval per Section 10-9-7.1, Administrative Plat, applications for Vacation of Streets (whether the city owns such in fee simple or holds only an easement for such) and applications for Vacation of Easements (the of purpose of such easement being for public vehicular travel or access) shall require approval by the Council. Applications for Vacation of Easements (the purpose of such easement being other than public vehicular travel or access) may be approved administratively by the Director.

1. 1.
   Utility Notification. The applicant has provided evidence of notification of all public and private utilities that may have interest in the area to be vacated;
2. 2.
   Owner Signatures. Where required by the Director, the applicant has obtained the notarized signatures of property owners abutting affected portions of the street or easement(s) proposed for vacation, indicating support or objection for the application, if the Director believes that access to any such property may be compromised by the vacation request;
3. 3.
   No Public Purpose and in Public Interest. The public street no longer serves a public purpose and the vacation of the public street is in the public interest, which shall be based on a consideration of the following:

   1. a.
      Whether the public benefits from the use of the subject public street as part of the city street system;
   2. b.
      Whether the proposed action is consistent with the Comprehensive Plan;
   3. c.
      Whether the proposed vacation is consistent with the minimum block size requirements and other applicable street connectivity standards of this Code;
   4. d.
      Whether the proposed action would deny access to private property;
   5. e.
      The effect of the proposed action upon public safety;
   6. f.
      The effect of the proposed action upon the safety of pedestrians and vehicular traffic;
   7. g.
      The effect of the proposed action upon the provision of services including, but not limited to, emergency service and waste removal;
   8. h.
      The necessity to relocate public and private utilities; and
   9. i.
      The effect of the proposed action on the design and character of the area; and
4. 4.
   Streets. The Council shall not vacate a public street except if the following additional criteria are met:

   1. a.
      The loss of the street will not foreclose reasonably foreseeable future bicycle/pedestrian use;
   2. b.
      The loss of the street will not foreclose non-motorized access to adjacent land uses or transit stops;
   3. c.
      The loss of the street is necessary for the construction of a high-density, mixed-use project containing both residential and non-residential uses or creating close proximity of residential and non-residential uses; and
   4. d.
      There is no reasonably foreseeable need for any type of transportation corridor for the area.

1. 1.
   Review and Recommendation. Unless the application qualified for Administrative Approval per Section 10-9-7.1, Administrative Plat, the Director shall review and decide on a request to vacate an easement over which the Director has approval authority pursuant to subsection B.2., above. For all other vacations as described in such subsection, the Director shall review and provide a recommendation to the Council.
2. 2.
   Public Hearing and Decision. A public hearing shall be held by the Council who shall approve, approve with conditions, or deny those vacations over which it has approval authority pursuant to subsection B.2., above. Any approval of a vacation by the Council shall be by ordinance.

1. 1.
   Major Changes. A Certificate of Appropriateness shall be obtained from the Historical Preservation Commission (HPC) for work to a historic landmark or a property in a historic district for major changes. Major changes to a designated landmark or a property in a designated historic district shall be obtained from the HPC, which may include, but are not limited to:

   1. a.
      Demolition of, relocation of, or addition to a principal structure; 
   2. b.
      New construction in a historic district;
   3. c.
      Modification of or to the front or side façade of a principal structure, including chimneys, doors, stoops, and windows, or handrails on commercial structures; and
   4. d.
      The demolition of existing or construction of new accessory structures.
2. 2.
   Minor Alterations. A Certificate of Appropriateness shall be obtained from the Director for work to a historical landmark or a property in a historic district that is minimally visible or not visible from public rights-of-way. The Director shall also review alterations to the exterior of accessory buildings. The Director shall reserve the right to request the HPC review of the application if the Director believes the proposed work will have a significant visual impact from the public rights-of-way or will have a significant impact on the integrity of the historic structure.
3. 3.
   Exempt Changes.

   1. a.
      A Certificate of Appropriateness shall not be required for any change to the interior of a designated historic property or interior of any building in a historic district. Changes that do not require a Certificate of Appropriateness include, but are not limited to, in-kind replacement of materials, painting of previously painted surfaces, routine maintenance, placement of window well covers on basement windows, replacement of handrails or guardrails on residential structures, or the planting or replanting of the landscape.
   2. b.
      A Certificate of Appropriateness shall not be required to restore to its existing condition any building damaged by fire, vandalism, flood, wind, or any other act of God. The Director shall review any building permits to repair such damage to ensure that materials of like kind and quality are used for the repair.

1. 1.
   Federal Standards. The proposed changes are in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, & Reconstructing Historic Buildings as adopted by the National Park Service;
2. 2.
   Littleton Design Standards and Guidelines. The proposed changes are in compliance with the adopted design standards and guidelines documents, such as the Downtown Littleton Historic Preservation Design Guidelines, as outlined in the Design Requirements section on the city's Envision Littleton webpage;
3. 3.
   Original Features. The proposed work preserves, rehabilitates, or reconstructs the original architectural features, and proposed new features are visually compatible with designated historic structure(s) located on the property in terms of design, finishes, material, scale, mass, and height;
4. 4.
   Compatibility. If property is in a designated historic district, the proposed work is visually compatible with the development on abutting properties and those on the same block. The HPC shall consider characteristics such as setbacks and building scale;
5. 5.
   Character, Interest, and Value. Aside from changes that do not require a Certificate of Appropriateness, as set out in paragraph B.3.a, above, the proposed work does not adversely affect the special character or historical, architectural, or aesthetic interest or value of a landmark or property in a historic district;
6. 6.
   Color and Materials. The architectural style, arrangement, textures, paint colors especially if applied to brick or stone, and arrangement of colors and materials used on existing and proposed structures are compatible with the character of the existing landmark or property in a historic district; and
7. 7.
   Exterior Features. The proposed work preserves, enhances, or restores, and does not damage or destroy the exterior architectural features of a historical landmark or property in a historic district.

1. 1.
   General.

   1. a.
      The HPC may use the criteria of this Section in considering applications for Certificates of Appropriateness for relocating a historic property within or outside of a designated site or historic district or relocating a property into a historic district.
   2. b.
      Applicants proposing to relocate a historic property shall provide:

      1. 1.
         A professionally prepared estimate of costs of continued maintenance of the property in its current condition, of rehabilitation of site, and of relocation and rehabilitation;
      2. 2.
         An engineer’s or architect’s report as to structural soundness;
      3. 3.
         A professionally prepared estimate of the property’s market value in its current location and current condition, of the market value of the property rehabilitated on its current site, and of the site after relocation of the property; and
      4. 4.
         Professionally prepared Site Plan and construction documents for the current site.
2. 2.
   Criteria. 

   1. a.
      Historic Property. The following factors shall be considered for moving a historic property from its site:

      1. 1.
         Whether the Property can be preserved, restored, rehabilitated, or reused on its current site to provide for any reasonable, beneficial use of the property regardless of any proposed development plan for the property’s site or adjacent properties;
      2. 2.
         Whether a structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the property proposed for relocation;
      3. 3.
         Whether the property can be relocated without significant damage to its physical Integrity; and
      4. 4.
         Whether plans are specifically defined for the site to be vacated, and have been determined to meet all other city codes and ordinances.
   2. b.
      New Location. The following factors shall be considered for moving the historic property to its the new location:

      1. 1.
         Whether the historic property is compatible with its proposed site and adjacent properties; and if the receiving site is compatible in nature with the historic property proposed to be moved;
      2. 2.
         The historic property’s architectural Integrity and its consistency with the character of the neighborhood of the receiving site;
      3. 3.
         Whether the relocation of the historic property will diminish the integrity or character of the neighborhood of the receiving site; and
      4. 4.
         Whether a relocation plan has been submitted and approved by the city, including posting a bond, to ensure the safe relocation, preservation, and repair (if required) of the property and site preparation and infrastructure connections.

1. 1.
   Application Submittal. The Director shall review any building permit application received to determine whether the property is a landmark or located in a historic district and if so, whether the applicant has completed review by the HPC as required by this Section. A building permit shall not be issued after an application has been filed and proceedings are pending to designate a landmark or a property in a historic district.
2. 2.
   Public Hearing. Within 45 days after an application is determined complete by the Director, or within a time frame agreed upon by the applicant and Director, a public hearing shall be held by the HPC. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings.
3. 3.
   Decision.

1.   
   1. a.
      Notification. After the HPC approves, approves with conditions, or denies an application, the applicant shall be notified of the result and the status of their Certificate of Appropriateness. If the HPC denies the application, it shall include reasons for denial when notifying the applicant.
   2. b.
      Continuance. The HPC may issue an order to continue the application process if the HPC determines that additional information is necessary to make a decision. If a hearing session is held and a determination to continue is made, the time, date, and place of the continuation shall be established and announced to those present prior to adjournment of such session.
   3. c.
      Resubmittal. The applicant may resubmit an amended application or reapply for a building permit that accounts for the recommendations of the HPC or appeal the denial or an application to the Council.

1. 1.
   Total Demolition.

   1. a.
      The structure proposed for demolition is not structurally sound;
   2. b.
      The structure cannot be rehabilitated or reused on-site to provide for any beneficial use of the property;
   3. c.
      The structure cannot be practically moved to another lot in Littleton;
   4. d.
      In the case of an archeological site, any archeological information can be recovered as part of the demolition process; and
   5. e.
      The applicant demonstrates that the proposal mitigates, to the greatest extent practical, the following:

      1. 1.
         Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur;
      2. 2.
         Any impact on the historical importance of the remaining structure(s) on the property and adjacent properties; and
      3. 3.
         Any impact to the architectural integrity of the remaining structure(s) on the property and adjacent properties.
2. 2.
   Partial Demolition.

   1. a.
      Partial demolition is required for the preservation, restoration, or rehabilitation of the remainder of the historic property; and
   2. b.
      The applicant demonstrates that the proposal mitigates, to the greatest extent practical, the following:

      1. 1.
         Any impact on the historic significance of the building(s), structure(s), or objects located on the property and adjacent properties; and
      2. 2.
         Any impact on the integrity of the building(s), structure(s), or object(s) located on the property and adjacent properties.

1. 1.
   Public Hearing. Within 45 days after an application is determined complete by the Director, or within a time frame agreed upon by the applicant and Director, a public hearing shall be held by the HPC. Such public notice and hearing shall be conducted in conformance with the procedures set out in Section 10-9-3.6, Public Meetings and Hearings.
2. 2.
   Decision.

   1. a.
      Time Period.

      1. 1.
         ​​​​If an application is approved or approved with conditions by the HPC, a Certificate of Demolition shall be sent to the applicant, Director, Chief Building Official, and any person who has requested in writing to receive the same within 30 days. If approved with conditions, such conditions shall be stated in writing on the Certificate of Demolition.
      2. 2.
         If the HPC denies an application, the denial of a Certificate of Demolition shall be sent, in writing, to the applicant, Director, Chief Building Official, and any ​​​​​​​person who has requested in writing to receive the same within 30 days. Such denial shall state the reasons for the denial and the procedures for appeal to the Council.
   2. b.
      Continuance. The HPC may issue an order to continue the application process if the HPC determined that additional information is necessary to make a decision. If a hearing session is held, the time, date, and place of the continuation shall be established and announced to those present prior to the adjournment of such session.
   3. c.
      Resubmittal. The applicant may resubmit an amended application or reapply for a building permit that accounts for the recommendations of the HPC or appeal the application denial to the Council.
3. 3.
   Certificate of Appropriateness for Proposed Development. Applicants requesting a Certificate of Demolition for wholly or partially demolishing a designated historic building or structure shall also obtain a Certificate of Appropriateness for the proposed new development on the lot prior to the issuance of a Certificate of Demolition.