For the purpose of brevity, the City's Zoning Ordinance shall hereafter be referred to as "this Chapter."

(Ord. 22-02 Art. 4)

This Chapter establishes land use classifications, divides the City into districts and imposes regulations, prohibitions, procedures and restrictions intended to promote the health, safety, convenience, aesthetics and welfare of the present and future inhabitants of the City. This Chapter shall govern the use of land for residential and nonresidential purposes, regulate and limit the height and bulk of buildings and other structures, limit lot occupancy, determine the setbacks and provide for open space by:

(1)

Establishing standards of performance and design;

(2)

Adopting an official zoning map;

(3)

Prescribing procedures for changes and modifications of zoning districts and for uses by special review, variances and other permits;

(4)

Allowing for nonconforming uses and buildings;

(5)

Providing regulations for accessory uses and buildings;

(6)

Providing for the amendment and enforcement of this Article with means for appeal; and

(7)

Prescribing penalties for violation of its provisions.

(Ord. 22-02 Art. 4)

The City is a home rule city organized and existing under Article XX of the Constitution of the State of Colorado. This Chapter is enacted pursuant to the City of Lone Tree Home Rule Charter and the powers granted and limitations imposed on municipalities by the Constitution and the laws of the state of Colorado.

(Ord. 22-02 Art. 4)

The provisions of this Chapter shall be applicable to all land within the municipal boundaries of the City, except as otherwise provided in this chapter.

(Ord. 22-02 Art. 4)

(a)

The regulations contained herein shall be regarded as minimum requirements.

(b)

Whenever a provision of this Chapter or any provision in any applicable law, ordinance, resolution, rule, or regulation (to include plans and standards adopted by the City) contains restrictions covering the same subject matter, that which is most restrictive or imposes higher standards or requirements shall govern.

(1)

In the event of any inconsistency between this Chapter and the provisions of Part 3, Article 23 of Title 31, C.R.S., the latter shall control.

(2)

Whenever a Planned Development District, Sub-area Plan, Preliminary Plan, or other development plan approved by the City provides alternative standards, such standards shall apply unless such standards do not meet the minimum standards or requirements for matters related to public health, safety and public infrastructure design. In such instances, the City may apply current, updated standards, as determined by the Community Development or Public Works Directors.

(c)

This chapter is not intended to abrogate, annul, govern or prevail over any private agreement or restriction between private parties; provided, however, that where the provisions of this chapter are more restrictive or impose higher standards or requirements than such private agreement or restriction, the provisions of this chapter shall govern. The City shall not be responsible for monitoring or enforcing private agreements.

(Ord. 22-02 Art. 4)

(a)

The particular controls the general.

(b)

In case of any difference of meaning or implication between the text of this Chapter and the captions for each Section, the text shall control.

(c)

The word "shall" is always mandatory, and the word "may" is permissive.

(d)

Words used in the present tense include the future, unless the context clearly indicates the contrary.

(e)

Words used in the singular include the plural, and words used in the plural include the singular, unless the context clearly indicates the contrary.

(f)

A building or structure includes any part thereof. A building or other structure includes all other structures of every kind, regardless of similarity to buildings.

(g)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(Ord. 22-02 Art. 4)

This Chapter shall take effect on March 15, 2022.

(Ord. 22-02 Art. 4)

Any subsequent repeal of this Chapter shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution or ordinance repealed hereby for any offense committed prior to the repeal.

(Ord. 22-02 Art. 4)

The provisions of this Chapter shall be severable in accordance with the following provisions:

(1)

If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that specific provision, clause, sentence, paragraph, Section or Article held to be invalid, as expressly stated in such judgment. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part thereof, but the rest of this Chapter shall continue in full force and effect.

(2)

If the application of any provision of this Chapter to any tract or lot of land, building or structure, sign, or use is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that specific tract or lot of land, building or structure, sign, or use immediately involved in the controversy, action or proceeding in which judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole, or the application of any provision thereof, to any other tract or lot of land, building or structure, sign, or use.

(Ord. 22-02 Art. 4)

These regulations may be amended in the following manner:

(1)

Amendment proposals may be initiated by the Council, the Planning Commission or the Director. Any resident of the City of Lone Tree or owner of land or structures within the City of Lone Tree may submit a written request to the Council to amend this Chapter.

(2)

The Community Development Department shall review all amendment proposals, make recommendations and schedule public hearings before the Planning Commission and Council. Public notice is required as follows: At least fifteen (15) days prior to the public hearing before the Planning Commission and fifteen (15) days prior to the public hearing before the Council, a notice shall be published in the official publication, in accordance with Article V, Subsection 7.D, of the Home Rule Charter.

The notice shall read as follows:

NOTICE OF PUBLIC HEARING

A public hearing will be held before the Planning Commission on (day of week), (date), at (time), and before the Council on (day of week), (date), at (time) in the City Council Hearing Room, (address) for a proposed amendment to the City's Zoning code. For more information contact the Community Development Department, (phone).

(3)

At a public hearing, the Planning Commission shall consider the proposed amendment and make a recommendation to the Council.

(4)

Upon consideration of all written and oral testimony, the Council may revise or alter the proposal before adopting any amendment to this Chapter. Amendments shall be approved by ordinance and shall take effect on the date as provided therein.

(Ord. 22-02 Art. 4)

(a)

No zoning, rezoning, or development within the City shall be recommended for approval by the Planning Commission or approved by the Council, City Manager, Director or Community Development Director as applicable, unless it conforms to the provisions of this Chapter.

(b)

The Council may suspend or withdraw any approval of a development plan or may require certain corrective measures be taken following a determination that the information provided by the applicant upon which such approval was based is substantially false or inaccurate or that new, significant information has been brought to its attention. Suspension of approval may occur at any stage in the development process and shall be implemented by resolution of the Council adopted at a public meeting.

(1)

A written notice from the Director shall be served upon the applicant, setting out a clear and concise statement of alleged facts and directing the applicant to appear before the Council not less than ten (10) days nor more than thirty (30) days after the date of notification.

(2)

The Council shall determine at the public meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention and shall have the power, upon good cause being shown, to suspend or withdraw any approval of the plan. If the plan was previously recorded, due notice that the plan has been withdrawn and the plan voided shall be recorded with the County Clerk and Recorder.

(c)

No plan for development shall be approved by the Council unless all ad valorem taxes applicable to land to be developed for years prior to that year in which approval is granted have been paid.

(Ord. 22-02 Art. 4)

(a)

The City Council may establish and adopt a schedule of fees by resolution to be paid by the applicant to defray the expenses of the City in reviewing and processing applications, or for other planning and community development services, including the fees and costs of all City consultants incurred in connection with such matters.

(b)

The City may require applicants to pay for expenses (in addition to the schedule of fees adopted by the City) incurred in the review process to cover the City's cost for legal, engineering, planning, architectural and other related development review fees, as may be applied by referral or consulting agencies. These charges may be determined on a case-by-case basis depending upon the size, site characteristics and related features of a project. The City shall notify the applicant when an outside consultant is needed for technical review, or in order to expedite the review process.

(Ord. 22-02 Art. 4)

The applicant or representative shall be responsible for understanding the requirements and procedures contained in this Chapter and all applicable regulations and shall be responsible for attending all presubmittal and/or preapplication, Planning Commission and Council hearings at which the application is considered. Failure to attend the hearings may result in the request being tabled and a new hearing date scheduled. The applicant is responsible for submitting the information requested by the Community Development Department and Public Works Department for the review of the development proposal. Failure to submit required application materials may result in the City postponing review of the application until complete. It is the applicant's responsibility to consult with the City regarding interpretation and application of this Code, phasing proposals for development, as well as any options that might be available regarding security alternatives for landscaping improvements. The applicant is responsible for resolving issues with referral agencies, as may arise.

(Ord. 22-02 Art. 4)

Applicants are responsible for providing any prior required notice to the Federal Aviation Administration (FAA) of the proposed construction or alteration of a structure that may constitute an obstruction to the safe navigation, landing, or takeoff of aircraft at a publicly used airport, as required by regulations at 14 C.F.R. Part 77. Copies of all written communications with and final determinations by the FAA shall be submitted to the Community Development Department prior to approval of a Site Improvement Plan (SIP) application. Upon the issuance by the FAA of a determination of no hazard to air navigation which includes mitigation measures, the mitigation measures recommended by the FAA may be required. Upon the issuance by the FAA of a determination of hazard to air navigation, the SIP application shall be denied.

(Ord. 22-02 Art. 4)

The applicant may withdraw an application at any time during the process upon submittal of a written request to the Community Development Department. Presubmittal and/or preapplications fees will not be refunded; application fees may be refunded at the discretion of the Director, and only when the withdrawal request is submitted prior to completion of the Completeness Review.

(Ord. 22-02 Art. 4)

(a)

Applications for development approval shall be diligently pursued by an applicant. An application shall be deemed withdrawn and terminated if the applicant fails to submit requested information, or to request a public meeting or hearing date, as applicable, for a period of more than one hundred eighty (180) days after the date the application is initiated. Staff shall provide notice to the applicant if the application is deemed inactive and terminated.

(b)

Upon a written request by the applicant, the Community Development Director may grant not more than two (2) extensions of time of not more than one hundred eighty (180) days each to complete pending, required actions. Following the grant of an extension, and after one hundred fifty (150) days of inaction by the applicant, the Community Development Director may notify the applicant in writing that the application will be deemed withdrawn and terminated within thirty (30) days. After thirty (30) days, provided that the applicant has not submitted the required additional information and/or requested a hearing date, the Community Development Director shall notify the applicant in writing that the application has been terminated.

(c)

Resubmittal of a new application and payment of applicable fees shall be required to pursue inactive applications that are terminated.

(Ord. 22-02 Art. 4)

The Planning Commission shall have the powers specifically granted in this Chapter including, but not limited to, the following:

(1)

Review applications and proposals for compliance with this Chapter, Chapter 17, the Comprehensive Plan, the Design Guidelines and Standards, applicable sub-area or framework plans, and other plans as applicable and make recommendations to the Council.

(2)

Review requests for waivers from this Chapter when an application is before them and make recommendations to the Council.

(3)

Initiate, review or recommend amendments to this Chapter to the Council.

(4)

Approve certain Site Improvement Plan Amendment Applications as provided in Section 16-27-200.

(Ord. 22-02 Art. 4; Ord. 22-05 Art. 4)

The Council shall have the powers provided in this Chapter and any other specific or implied powers granted by the Charter, state law or other applicable law including, but not limited to, the following:

(1)

Review applications and proposals for compliance with this Chapter, Chapter 17, the Comprehensive Plan, the Design Guidelines and Standards, applicable sub-area or framework plans, and other plans as applicable and approve, conditionally approve, or deny them.

(2)

Rescind, nullify, or terminate, as applicable, site improvement plans, Site Improvement Plan improvements agreements or other official documents or agreements if it is found there has been a misrepresentation of fact which impacts the design or legal or physical status of the development.

(3)

Grant requests for waivers from this Chapter.

(4)

Modify and amend this Chapter in accordance with Section 16-1-110 of this Article.

(Ord. 22-02 Art. 4)

The City Manager shall have the powers provided in this Chapter.

(Ord. 22-02 Art. 4)

The Community Development Director shall have the powers provided in this Chapter.

(Ord. 22-02 Art. 4)

The Public Works Director shall have the powers provided in this Chapter.

(Ord. 22-02 Art. 4)

Where identified in this Chapter, the City shall be responsible for public notification. In calculating the time period for publishing and/or posting a public notice, or notifying adjacent landowners and/or mineral estate owners of a public hearing, the day of publishing, posting or mailing will be counted in the total number of days required. The day of the hearing shall not be counted toward the total number of days required for the notification period. Publishing shall be in the Official Publication. All publishing and noticing fees shall be billed to the applicant, per the City's adopted fee schedule. Posting expenses shall be at the expense of the applicant.

(Ord. 22-02 Art. 4)

(a)

No land in the City shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of or inconsistent with:

(1)

This Chapter, as may be amended;

(2)

The terms and conditions of any applicable permit, plan, approval, or other form of authorization required to engage in such activity; and/or

(3)

The terms and conditions or limitations placed by the City within any development agreement, Site Improvement Plan improvement agreement, or other similar agreement.

(b)

No structure shall be altered, built, or moved, and no structure or land shall be used or occupied, which does not conform to all applicable provisions of this Chapter in which the structure or land is located.

(c)

No structure shall be erected, placed upon or extended over any easement unless approved in writing by the agency or agencies having jurisdiction over such easement. A copy of such approval shall be submitted to the Community Development Department prior to building permit issuance and may be required prior to approval of a development application, such as a Site Improvement Plan.

(Ord. 22-02 Art. 4)

(a)

The Director shall respond to zoning complaints and make regular inspections of properties in the City.

(b)

The Director shall consult with the City Attorney and Chief Building Official and other applicable City offices concerned with, but not limited to, the lawful erection, construction, alteration, occupation or use of any building, structure, or land in the incorporated area of the City.

(c)

The Council authorizes the Director, in accordance with law, to enter and inspect any building, structure or tract of land within the boundaries of the City to determine compliance with this Chapter, and to perform other such duties as may be necessary and appropriate to permit such agents to detect zoning violations, to give alleged violators statutory notice and to enforce compliance with this Chapter.

(d)

When the Director has knowledge of any violation of this Chapter on a particular property, the Director, or designee, is authorized to issue a written Notice of Violation for work on any land, improvement to land, building or any structure which is not in compliance with the provisions of this Chapter, which notice shall describe the nature of the violation and shall provide notice that an Order to Stop Work may be issued if the violation is not corrected within the time frame stipulated in the notice, as reasonably determined by the Director. The Director may request in writing, from the property owner, agreement to the remedy of any such violation.

(Ord. 22-02 Art. 4)

(a)

The Director is authorized to issue an Order to Stop Work on any land, improvement to land, building, or any structure which remains in violation of the provisions of this Chapter after the time frame as stipulated in the Notice of Violation. The order shall require anyone performing such work or owning the property on which such work is being performed, to cease and desist, and shall describe the nature of the violations and the enforcement action which the City intends to undertake.

(b)

The decision of the Director to issue an Order to Stop Work may be appealed to the Council. The party seeking to appeal said order shall submit the appeal in writing, accompanied by a copy of the Notice of Violation and the Order to Stop Work to the Council within ten (10) days of receipt of the Order to Stop Work. The Council shall render a decision upon said appeal within twenty (20) days of receipt of said appeal and shall communicate its decision in writing to the Director and to the appellant.

(c)

Upon issuance of said order to any person performing such work and upon presentation of a copy of such order to the City's law enforcement personnel, such law enforcement personnel shall be empowered to serve legal process by summons on, or arrest of, any person who continues to perform work in violation of the terms of such order.

(d)

Each day during which work continues in violation of the terms of an Order to Stop Work shall be deemed a separate violation subject to the penalties set forth in Section 16-1-280. The Council, through the City Attorney, may also initiate legal proceedings in accordance with applicable statutes, regulations, civil and criminal procedures to enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use and may also pursue any other remedies provided by law.

(e)

The City may deny or withhold all permits, certificates, licenses, or other forms of authorization to use or develop any land, structure or improvements thereon including issuance or renewal of a liquor license until the alleged violation related to such property, use, or development is corrected.

(f)

The City may revoke any development approval, permit or other authorization, after notice and a public hearing before the decision-maker that originally granted the final approval, permit or other authorization, when it is determined that:

(1)

There is a material departure from the approved plans, specifications, or conditions of approval;

(2)

There is a violation of any provision of this Code;

(3)

The development approval was obtained by false representation; and/or

(4)

The development approval, permit, or other authorization was issued in error.

(Ord. 22-02 Art. 4)

This Chapter shall be enforced by the Director, the Police Department and other authorized representatives as set forth by resolution, intergovernmental agreement, other Council action or as otherwise set forth herein, on all matters involving this Chapter, and in accordance with Sections 16-1-250 and 16-1-260.

(1)

This Chapter may also be enforced by injunction, or other civil actions, and the City shall be entitled to an award of its costs, including attorney's fees.

(2)

If the alleged violation has not been corrected within thirty (30) days, or the applicable time period specified in the notice, the City, through the City Attorney, may initiate legal action in municipal court or other court of appropriate jurisdiction to abate, stop, enjoin, or prevent such violation. The cost of abatement shall be at the expense of the violator and shall be supported by competent evidence and reduced to judgment in the same action in a hearing before the Court.

(3)

Any police officer of the Police Department is authorized to issue a summons and complaint to any person reasonably believed to have committed a violation of this Chapter in the officer's presence.

(Ord. 22-02 Art. 4)

(a)

Violations of any of the provisions of this Chapter, including violations of conditions of approval, shall constitute a municipal offense subject to the penalties set forth in Section 1-4-20 of this Code. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this Chapter or any landowner who allows the use of his or her land by another in violation of this Chapter, shall be fined subject to the penalties set forth in Section 1-4-20 of this Code. Each day during which any such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.

(Ord. 22-02 Art. 4)

Any City official, employee or consultant, charged with the enforcement of this Chapter, acting in good faith and without malice on behalf of the City in the discharge of official duties, shall not thereby be rendered personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties.

(Ord. 22-02 Art. 4)

This Chapter shall not be construed to hold the City in any manner responsible for any injury to persons or property resulting from any inspection as herein authorized, resulting from any failure to so inspect, resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of any court action or the forbearance from the same.

(Ord. 22-02 Art. 4)