The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Arterial highway means any limited-access highway which is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the state department of transportation.

Collector highway means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the state department of transportation, not including a city street or local service road or a county road designed for local service and constructed under the supervision of local government.

Designation means that legal procedure for designating areas or activities of state interest specified by C.R.S. § 24-65.1-101 et seq., which is carried out by the city council.

Developer means any person engaging or proposing to engage in development in an area of state interest or in conduct of an activity of state interest designated or proposed to be designated under the provisions of this chapter.

Development means any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs but excludes any construction, activity or use exempted from the permit process pursuant to this chapter.

Interchange means the intersection of two or more highways, roads, or streets, at least one of which is an arterial highway. At such intersection there must be direct access to and from the state arterial highway.

Key facilities includes interchanges involving arterial highways.

Matter of state interest means an area of state interest or an activity of state interest or both as defined under C.R.S. § 24-65.1-101 et seq.

Person includes any individual, limited liability company, partnership, corporation, association, company or other public or corporate body, and includes without limitation any political subdivision, agency, instrumentality or corporation of the state or the United States government.

Site selection, when used in connection with the regulation of the site selection of arterial highways and interchanges and collector highways, means the preliminary or final selection of a highway corridor by whatever means achieved.

(Ord. No. 1289-1998, § 4, 11-17-1998)

A.

The general purpose of this chapter is to facilitate the identification, designation and regulation of areas or activities of state interest, consistent with the provisions of C.R.S. § 24-65.1-101 et seq., commonly known as House Bill 1041.

B.

The specific purposes and intent of this chapter are as follows:

1.

Adopt guidelines and regulations for the city's participation in determining areas and activities of state interest, in order to attain better land use planning with quality development for the health, welfare and safety of the people of the city and the state and for the protection of the city and state;

2.

Encourage planned and orderly, efficient, economical land use development;

3.

Provide for the needs of agriculture, industry, business, residential communities, and recreation in future growth;

4.

Encourage uses of land and natural resources consistent with their character and adaptability;

5.

Protect and preserve open spaces and the beauty of the landscape;

6.

Promote efficient and economical use of public resources;

7.

Regulate projects that would otherwise cause excessive noise, water and/or air pollution, or which would otherwise degrade or threaten the existing environmental quality within the city;

8.

Ensure that development within geologic hazard areas is undertaken in a manner that will minimize significant hazards to public health and safety or to property;

9.

Ensure that site selection of arterial highways and interchanges and collector highways occurs so that community traffic needs are met, desirable community patterns are not disrupted, and direct conflict with adopted local government, regional and state master plans is avoided; and

10.

Ensure that areas around interchanges involving arterial highways are developed to discourage traffic congestion, encourage the smooth flow of motorized and nonmotorized traffic, discourage incompatible land uses and the expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the city, and preserve desirable existing community patterns.

(Code 1962, § 25-13-101; Ord. No. 485-1976, § 41; Ord. No. 507-1976, § 2; Code 1977, § 17.32.010; Ord. No. 1289-1998, § 5, 11-17-1998)

The city council finds that:

A.

Based on duly noticed public hearings, the city council considered the current and foreseeable development pressures, and the applicable guidelines for designation issued by the Colorado Land Use Commission as part of its House Bill 1041 Model Land Use Regulations;

B.

This chapter is necessary because of the intensity of current and foreseeable development pressures on and within the city; and

C.

The regulations contained in this chapter are necessary to fulfill the purposes and intentions specified in section 17.32.010.

(Ord. No. 1289-1998, § 6, 11-17-1998)

A.

This chapter is authorized by C.R.S. § 24-65.1-101 et seq.

B.

This chapter shall apply to all proceedings concerning the identification and designation of areas and activities of state interest, and the control of development in any area of state interest or the conduct of any activity of state interest which has been or may hereafter be designated by the city council.

(Code 1962, § 25-13-102(A); Ord. No. 485-1976, § 41; Code 1977, § 17.32.020; Ord. No. 1289-1998, § 7, 11-17-1998)

The boundaries of the designated areas of state interest shall be as they appear on the official recorded designated area maps as adopted by the city council, and shall be kept on file with the zoning administrator. The boundary lines on the maps shall be determined by the use of the scale appearing on the map. Where there is a conflict between the boundary lines illustrated on the map and actual field conditions, or where detailed investigations show that hazardous conditions are not significant throughout the entire designated area, the dispute shall be settled according to section 17.32.190.

(Code 1962, § 25-13-102(B); Ord. No. 485-1976, § 41; Code 1977, § 17.32.030)

The degree of protection from hazards intended to be provided by this chapter is considered reasonable for regulatory purposes, and is based on accepted methods of study. This chapter is intended to minimize dangers, costs and impacts from hazards. Therefore, unforeseen or unknown conditions or natural or manmade changes in conditions may contribute to future damages to structures and land uses even though properly permitted within designated areas. This chapter does not imply that areas outside designated area boundaries or land uses permitted within such areas will always be totally free from the impact of hazards. This section shall not create a liability on the part of or be a cause of action against the city, or any officer or employee thereof, for any personal or property damage that may result from reliance on this chapter or from damage occurring in areas which for any reason have not been officially designated as areas of state interest.

(Code 1962, § 25-13-102(C); Ord. No. 485-1976, § 41; Code 1977, § 17.32.040)

The location and boundaries of the designated areas established by ordinance are shown upon the official designated area maps of the city which are incorporated into this chapter. The such maps and all amendments thereto shall be as much a part of this chapter as if fully set forth and described herein. Each change in the official maps shall be subject to the amendment procedure as required in section 17.32.190.

(Code 1962, § 25-13-102(D); Ord. No. 485-1976, § 41; Code 1977, § 17.32.050)

This chapter shall not apply to any development which meets any one of the following conditions as of May 17, 1974:

A.

The development or activity is covered by a current building permit issued by the city;

B.

The development or activity has been approved by the electorate; or

C.

The development or activity is to be on land:

1.

Which has been conditionally or finally approved by the city for planned unit development or for a use substantially the same as planned unit development;

2.

Which has been zoned by the city for the use contemplated by such development or activity; or

3.

With respect to which a development plan has been conditionally or finally approved by the city.

D.

This chapter shall not apply to open agriculture or single-family dwellings built or maintained on legal building lots.

E.

This chapter shall not apply to projects or development addressed by an intergovernmental agreement to which the city is a party and which meet the requirements of section 17.32.155. Such projects and developments will be reviewed under the terms of the intergovernmental agreement.

(Code 1962, § 25-13-102(E); Ord. No. 485-1976, § 41; Code 1977, § 17.32.060; Ord. No. 1289-1998, § 8, 11-17-1998)

A.

Whenever a permit is required pursuant to the provisions of this chapter, the application for such permit may be processed concurrently with any application for city subdivision, zoning, planned unit development or special review use approval. Where the provisions of this chapter overlap with other applicable city requirements, including but not necessarily limited to city grading and floodplain regulations, all applicable regulations shall be followed and all required city permits or approvals shall be obtained.

B.

These regulations are not intended to duplicate federal or state agency review of any matters of state interest designated in this chapter. However, where in the opinion of the city council federal or state review processes do not adequately cover the impacts which these regulations authorize the city to address, the city reserves the authority to address those impacts as provided in this chapter.

C.

It is the intent of this chapter that subdivision review under title 16 and planned unit development review under chapter 17.28 may be carried out simultaneously with the review and permit procedures of this chapter, but that any subdivision or planned unit development process involving identified areas or activities of state interest be subject to the same requirements that would otherwise apply to any other subdivision or planned unit development proposal. If a proposed development is not subject to either the planned unit development provisions of chapter 17.28 or the subdivision provisions of title 16, the provisions of this chapter shall apply to any building, grading, floodplain, street cut or other permit application involving an identified area or activity of state interest. Nothing in this chapter shall limit any authority of the city to require a permit or the obligation of any person to obtain a permit, as stated in House Bill 1041.

(Ord. No. 1289-1998, § 9, 11-17-1998)

The procedure for designation of areas and activities of state interest shall be as set forth in this section and C.R.S. § 24-65.1-101 et seq., and in the event of conflict the latter shall control.

A.

Designations may be initiated in the following ways:

1.

The city council may in its discretion designate and adopt regulations for the administration of any matter of state interest.

2.

The planning commission may, on its own motion or upon request by the city council, recommend the designation of matters of state interest following public hearing before the planning commission. The city council shall decide, in its sole discretion, and pursuant to the requirements of C.R.S. § 24-65.1-101 et seq., whether or not to designate any or all of the requested matters of state interest.

3.

If the state land use commission submits a formal request to the city council with regard to a specific matter which the state land use commission considers to be of state interest within the city, the city council shall publish notice and conduct a hearing pursuant to this chapter and C.R.S. § 24-65.1-101 et seq.

B.

After the city council has received a formal request from the state land use commission to take action with regard to a specific matter which the state land use commission considers to be of state interest within the city's jurisdiction, no person shall engage in development in the area or conduct the activity specifically described in the request until the city council has held its hearing and issued its order relating thereto.

C.

At any hearing to designate a matter of state interest, the city council shall consider such evidence as it deems appropriate, including but not limited to testimony and documents addressing the following considerations:

1.

The intensity of current and foreseeable development pressures;

2.

The matters and considerations set forth in any applicable guidelines for identification and designation issued by the state land use commission;

3.

The boundaries of any area proposed for designation;

4.

Reasons why the particular area or activity is of state interest, the adverse impacts that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantage of development of such area or conduct of such activity in a coordinated manner;

5.

The extent to which other governmental entities regulate the area or activity proposed to be designated;

6.

The applicable criteria for administration of the proposed area or activity as set forth in this chapter and C.R.S. § 24-65.1-201 et seq.;

7.

The legislative declarations stated in C.R.S. §§ 24-65-102, 24-65.1-101 and 29-20-102; and

8.

Consistency with the city comprehensive plan or any municipal master or comprehensive plan adopted as part of, pertaining to, or affected by the area or activity under consideration.

D.

The city council may continue its hearing for a period not to exceed 90 days after the first date on which the public hearing is held.

E.

The city council will collect and preserve the following records of the designation process, at minimum:

1.

Notice of the hearing;

2.

Certificate of publication of the notice;

3.

Written testimony presented by any persons at the public hearing;

4.

An audio recording of the hearing; and

5.

The ordinance making appropriate findings supporting any designation and adopting the accompanying guidelines or regulations.

F.

At the conclusion of the hearing, or within 30 days thereafter, the city council may by ordinance adopt, adopt with modification, or reject the proposed designation and accompanying guidelines or regulations.

G.

Each designation ordinance adopted by the city council shall, at a minimum:

1.

Specify the boundaries of the designated area of state interest;

2.

State reasons why the designation is appropriate in light of the factors considered at the public hearings pursuant to this section; and

3.

Specify the regulations applicable to the designated matter of state interest.

H.

Upon adoption of a designation ordinance, all relevant materials including the record of any public hearing as described in this section shall be forwarded to the state land use commission for review. If within 30 days after receipt of a designation ordinance and accompanying regulations the state land use commission notifies the city council that modification of the designation or regulations is recommended and specifies the requested modifications in writing, the city council shall, within 30 days after receipt of the recommended modifications:

1.

Modify the original order in a manner consistent with the recommendations of the state land use commission and resubmit the order to the state land use commission; or

2.

Notify the state land use commission that the state land use commission's recommendations are rejected and the reasons therefor.

(Code 1962, § 25-13-102(F); Ord. No. 485-1976, § 41; Code 1977, § 17.32.070; Ord. No. 1289-1998, § 10, 11-17-1998)

The zoning administrator shall administer the provisions of this chapter. When necessary, the zoning administrator may call upon the appropriate state agency to provide technical and scientific assistance in administering the provisions of this chapter.

(Code 1962, § 25-13-103(A); Ord. No. 485-1976, § 41; Code 1977, § 17.32.080)

A.

Any person desiring to undertake development or to make land use changes in a designated area of state interest, or proposing to conduct a designated activity of state interest, in whole or in part within the city must first obtain a permit pursuant to this title. Such person shall file an application for a permit with the zoning administrator. The application shall be on a form prescribed by the state land use commission, and shall be accompanied by such additional information as is required by this chapter. A reasonable fee for this permit shall be established annually by the city manager and shall be set sufficient to cover the costs of processing the application, including the cost of holding the necessary hearings. The fee shall be paid at the time of filing the application.

B.

An application shall not be accepted unless it is complete. If the application is considered incomplete by the zoning administrator, the zoning administrator shall specify what additional information is required. When a submitted application is considered to be complete by the zoning administrator and the applicant, the zoning administrator shall note upon the application the date and hour of its receipt.

C.

When an applicant seeks a permit to engage in development in more than one area of state interest and/or to engage in development in one area of state interest and to conduct one activity of state interest, the application may be completed for all such activities or developments and may be reviewed in a consolidated hearing.

D.

The zoning administrator may waive any part of the submission requirements which are not relevant to a decision on the application or which the applicant convinces the zoning administrator are unreasonably burdensome for the applicant.

(Code 1962, § 25-13-103(B); Ord. No. 485-1976, § 41; Code 1977, § 17.32.090; Ord. No. 1289-1998, § 11, 11-17-1998)

As detailed in this section, the steps required for any permit approval under this chapter consist of a preapplication conference; an application; referral to affected agencies and others; staff review; public review before the planning commission; public review before the city council; and postapproval requirements.

A.

Preapplication conference. A preapplication conference is required of all applicants and shall be between the applicant, the zoning administrator and other appropriate city staff.

1.

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

2.

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

3.

The applicant shall bring a conceptual site plan to the conference.

4.

Any comments or commitments made by any member of the city staff during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the complete application is filed.

B.

Application. Before any request for city approval under this chapter may be processed, a complete application, meeting the requirements of this section, must be filed with the zoning administrator.

1.

The application must include an application form designating all agents for the applicant and exhibiting the applicant's or agent's signature, and have all necessary information completed. The form shall be accompanied by all fees, maps, plans and reports required by these regulations.

2.

The signature on an application form will be assumed to indicate the applicant's concurrence with all submissions and commitments made by applicant's designated agent.

3.

The application must contain a written description of the proposal.

4.

All data and plans submitted for review must show the qualifications of the individual in charge of the work. With respect to all application materials, the following professional certification requirements shall apply:

a.

Improvement plans and reports for drainage, utilities, soils, grading, roads, structures, transportation modeling, transportation planning, transit planning, air quality planning or modeling, and other civil engineering work must be certified by a registered Colorado Professional Engineer, or other qualified professional engineer exempted from licensing requirements by state statute.

b.

All documents containing land survey descriptions must be certified by a registered Colorado Professional Land Surveyor, or other qualified professional surveyor exempted from licensing requirements by state statute.

c.

Geology reports shall be prepared by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists, an individual registered as a geologist by a state, or other qualified professional geologist exempted from licensing requirements by state statute.

5.

If the city does not have qualified staff to review certain elements of an application or referral agencies are not able to adequately advise the city regarding certain elements of an application, the planning commission may authorize that the review be performed by a consultant engaged or approved by the zoning administrator. The city council shall have the discretion to decide whether the applicant shall pay all, part of, or none of the consultants' fees, based upon the nature and extent of consulting expertise required. A referral agency may impose a fee for the review of the application. No hearings will be held if any such referral agency's fee has not been paid.

6.

The following are general requirements for any map or plan required as part of the application for a city approval. Minimum requirements include:

a.

The name of the proposed development or use and total number of acres under consideration.

b.

The map scale and size should be large enough for effective presentation and should accurately illustrate the application.

c.

Name, address and telephone number of the applicant, designer, engineer, surveyor and any other consultants of the applicant.

d.

Date of preparation, revision box, written scale, graphic scale and north arrow for each map.

7.

The following requirements shall apply to all applications.

a.

Detailed description of the need for the proposed development or activity, including but not limited to:

i.

The present population of the area to be served and the total population to be served by the development or activity for which the permit is sought.

ii.

The predominant types of users or communities to be served by the proposal.

iii.

The percentage of the design capacity at which the current system is now operating.

iv.

The relationship of the proposal to the applicant's long-range planning and capital improvements programs.

b.

Environmental impact analysis.

i.

Land use:

(a)

Specify whether the proposal conforms to planning policies of the city and adjacent jurisdictions.

(b)

Detail the agricultural productivity capability of the land affected by the proposal (SCS classification).

(c)

Specify how the proposed development will utilize existing easements or rights-of-way for any associated transmission, distribution or collector networks.

(d)

Specify any additional right-of-way or easements for new or expanded transportation facilities.

ii.

Water resources:

(a)

On the same or another appropriate map, indicate any floodplain associated with the proposal. Documentation of historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain.

(b)

Describe the potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question.

iii.

Air quality:

(a)

Detail how many average daily vehicle trips will be generated by the proposal or will be made on the proposed transportation facilities.

(b)

Explain any other adverse impacts on air quality anticipated from the proposal.

(c)

Describe how any state or federal air quality standards will be impacted and if the proposed transportation facility has been included in the region's air quality models to verify conformity with the air quality plan.

iv.

Significant environmentally sensitive factors:

(a)

Identify and locate on a map of appropriate scale any of the following features present in the proposed development or activity and its environs, and detail the potential impact of the proposal upon each feature:

(1) Marshlands and wetlands;

(2) Groundwater recharge areas;

(3) Potential natural hazards;

(4) Forest and woodlands;

(5) Critical wildlife habitat;

(6) Public outdoor recreation areas; and

(7) Unique areas of geologic, historic and archaeologic importance.

v.

Visual aesthetics and nuisance factors:

(a)

Identify and describe any significant deterioration of existing natural aesthetics, creation of visual blight, noise pollution or obnoxious odors which may stem from the proposal.

(b)

Identify and describe any structures, excavations and embankments that will be visible as a result of this project.

vi.

Transportation impacts:

(a)

Describe what impacts the proposal will have upon transportation patterns in the area intended to be served or affected by the proposal through the submittal of a traffic impact analysis of the proposed transportation facilities. The traffic impact analysis should include but not be limited to the following:

(1) Identification of the facilities required to support the existing and future land uses being served by the proposed transportation facility.

(2) Traffic model data verifying consistency with the DRCOG regional plan, the state department of transportation (CDOT) statewide transportation improvement program (STIP) and the DRCOG transportation improvement program (TIP).

(3) The existing and proposed traffic volume impacts to the adjacent road system, including county roads and local roads under the jurisdiction of the city or jurisdictions immediately adjacent to the city.

(4) The existing and future level of service (LOS) and capacity of the transportation facilities before and after the proposed transportation project is completed.

(5) All transportation access information as required by the CDOT State Highway Access Code, 1998 revisions or the most current edition thereof.

(6) A benefit/cost analysis of the proposed transportation improvements and identification of the distribution of the burden of the cost for the proposed improvements to the project as well as the adjacent state, county or local road system.

vii.

Less damaging alternatives:

(a)

If the zoning administrator, or the planning commission or city council at its respective public hearing, determines that the nature or extent of the proposal involves the potential for significant environmental damage and warrants examination of specific, less environmentally damaging alternatives, the zoning administrator, planning commission or city council may require that the applicant evaluate and present information on such alternatives as part of the application or additional evidence to be considered at the public hearing.

(b)

Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented.

(Ord. No. 1289-1998, § 12, 11-17-1998)

A.

Upon receipt of a complete application for development under this chapter, the zoning administrator shall forward a complete copy of such application together with maps and plans to the appropriate state agency for review and recommendations, and to other referral entities determined appropriate by the zoning administrator (the "referral entities"). The referral shall notify the referral entities of the date and proposed hearings on the application, and shall request the entity to make its reviews and recommendations on the application to the zoning administrator within 14 days from the date the city forwards the application.

B.

The applicant is responsible for preparing the referral packets in the manner prescribed by the zoning administrator. An error made by the applicant in the preparation of referral packets may result in a delay in processing of the application so that the proper referrals can be accomplished.

C.

Referral responses must be received by the zoning administrator within 14 days of the date the application is referred by the planning commission in order to ensure that recommendations are considered and included in the materials forwarded to the planning commission and city council.

D.

The zoning administrator shall refer the application to those referral entities which the administrator determines are appropriate entities to review and comment on the application, which entities may include, but are not limited to, the following:

1.

The state and county health departments shall review the application for conformity with all applicable state and county health related regulations.

2.

The state geological survey may evaluate those geologic factors which would have a significant impact on the proposed use of the land.

3.

CDOT shall review the application for conformity to the State Highway Access Code, STIP and the regulations relative to the administration of state and federal transportation systems.

4.

The Regional Transportation District (RTD) shall review the proposed transportation facility and provide information relative to the impacts to the district's transit facilities.

5.

The Denver Regional Council of Governments (DRCOG) will review the proposed transportation facility and provide information relative to the impacts to the region's Five Year and the 2020 Transportation Improvement Program (TIP), and relative to compliance with air and water quality regulations and plans.

6.

The state land use commission.

7.

Interested or affected city departments, school districts, fire departments, utility providers, and landowners.

E.

If there are referral comments received by the zoning administrator that require a response from the applicant, the following actions shall occur:

1.

City staff will transmit by first class mail, fax or hand delivery, the comments from referral entities as soon as possible following the required referral response period.

2.

The applicant shall respond in writing to all issues raised during the referral process.

a.

Such responses shall be considered an amendment to the application, and shall be made part of the application to be used as a basis for a final staff recommendation.

b.

If the zoning administrator finds that new information obtained in the referral process results in a substantial change in the proposal, the administrator may consider the application a new application, determine whether it is complete, re-refer the amended application and supporting materials to the referral entities, and amend the processing schedule accordingly.

c.

If the applicant is unable to supply sufficient responses, then the applicant may request, in writing, a delay in processing the application for up to 90 days.

d.

If the applicant fails to supply satisfactory responses, the zoning administrator may either base the staff recommendation on review of the file as it exists, or reject the application as a result of the failure to provide information necessary to its proper review. In the case of the latter, the zoning administrator shall inform the applicant in writing.

F.

City staff shall make a recommendation based on its analysis of the record on the application, the referral comments and the applicant's responses to the referral comments.

(Code 1962, § 25-13-103(D); Ord. No. 485-1976, § 41; Code 1977, § 17.32.110; Ord. No. 1289-1998, § 15, 11-17-1998)

A.

Upon receiving a completed application for a permit under this chapter, the zoning administrator shall schedule the application for a hearing before the city council. Such hearing shall be scheduled within 90 days of receipt of a completed application. Not later than 30 days after receipt of a completed application for a permit, notice of a public hearing before the city council on the application shall be published. Such publication shall be at least once in a newspaper of general circulation in the city, not less than 30 or more than 60 days before the date set for the hearing. Such notice shall also be given to the state land use commission and to any other persons or agencies requesting notice of the hearing, at the same time the notice is published.

B.

The zoning administrator shall also schedule the application for a hearing before the planning commission. Such hearing shall be held before the date of the city council hearing on the application. Notice of the planning commission hearing shall be published in a newspaper of general circulation in the city not less than 15 days before the hearing date, and shall be mailed to the applicant and to any other persons or agencies requesting notice of the hearing, at the same time the notice is published.

(Code 1962, § 25-13-103(C); Ord. No. 485-1976, § 41; Code 1977, § 17.32.100; Ord. No. 1289-1998, § 12, 11-17-1998)

A.

The planning commission shall conduct its public hearing regarding a permit under this chapter in such a manner so as to solicit all relevant testimony from the applicant and members of the public.

1.

The planning commission shall hear testimony and receive evidence, including, but not limited to:

a.

The recommendations of the zoning administrator; and

b.

Relevant testimony and documents presented at the public hearing.

2.

The zoning administrator shall preserve the following record of the public hearing before the planning commission:

a.

The permit application.

b.

The recommendations of city staff and any written statements or documents presented in support of or in opposition to the permit application.

c.

The names and addresses, if available, of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence.

d.

Any tape recording of the hearing.

3.

The planning commission, upon completion of its public hearing, shall forward to the city council its recommendation on the permit application.

B.

The city council shall conduct its public hearing in such a manner so as to solicit all relevant testimony from the applicant and members of the public.

1.

The city council shall hear testimony and receive evidence, including, but not limited to:

a.

The recommendations of the city staff and planning commission; and

b.

Relevant testimony and documents presented at the public hearing.

2.

There shall be preserved the following record of the public hearing before the city council:

a.

The permit application.

b.

Any written statements or documents presented in support of or in opposition to the permit application.

c.

The names and addresses, if available, of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence.

d.

Any tape recording of the hearing.

e.

The resolution of the city council granting or denying the permit application.

f.

A copy of the permit, if issued.

(Ord. No. 1289-1998, § 14, 11-17-1998)

If a person proposes to undertake any development in a known area of state interest, or to conduct an activity of state interest, which has not been previously designated, and for which guidelines or regulations have not been adopted, the city may hold a hearing for the determination of designation and guidelines and granting or denying of the permit. Whenever the city council designates a matter of state interest, no person shall engage in any development in such area, and no such activity shall be conducted, until the designation and guidelines or regulations for such an area or activity are finally determined.

(Code 1962, § 25-13-103(E); Ord. No. 485-1976, § 41; Code 1977, § 17.32.120; Ord. No. 1289-1998, § 16, 11-17-1998)

A.

Deliberations on the application by the planning commission and the city council shall include but not be limited to:

1.

Objectives and definitions of 1974 Colorado Session Laws 336;

2.

Guidelines and criteria promulgated and distributed by the land use commission and other applicable state agencies;

3.

The technical information presented by the applicant;

4.

Recommendations of the planning commission;

5.

Recommendations of the city staff;

6.

The recommendations of state agencies;

7.

Relevant testimony and documents presented at the public hearing and any other pertinent technical information;

8.

The severity of hazardous conditions and the future effect of those conditions on the proposed development;

9.

The intensity and character of the proposed development and its future effect on those hazardous conditions;

10.

The relationship between subsections A.8 and A.9 of this section and the related potential impact upon future users of the subject and adjacent or affected lands.

B.

The city council may deliberate on an application on the date of the public hearing, or may continue the application to a later date, and may direct staff to prepare draft findings, conclusions, and orders on an application for city council consideration.

(Code 1962, § 25-13-103(F); Ord. No. 485-1976, § 41; Code 1977, § 17.32.130; Ord. No. 1289-1998, §§ 17, 18, 11-17-1998)

A.

The city council may approve a permit to allow a development in a designated area of state interest or to allow a person to conduct a designated activity of state interest if the proposal, including all mitigation measures proposed by the applicant, complies with the requirements and criteria of C.R.S. § 24-65.1-101 et seq. and this chapter.

B.

If the proposal does not comply with all of the applicable requirements and criteria, the permit shall be denied, unless the city council determines that reasonable conditions can be imposed on the permit which will enable the permittee to comply with the requirements and criteria.

C.

If the city council determines at the public hearing that sufficient information has not been provided to it to allow it to determine if the applicable criteria have been met, the city council may continue the hearing until the specified additional information has been received.

D.

The permit shall be issued on a form prescribed by the city, which may be the city council's written resolution of decision on the application. The permit may be issued for an indefinite term or a specified number of years.

E.

Before any permit is issued, the city council may, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by and made payable to the city, and the purpose of which shall be to ensure that the applicant or permittee shall faithfully perform all requirements of the permit. Any requirement for a financial guarantee shall be specified in the written decision of the city council on the permit application.

(Code 1962, § 25-13-103(G); Ord. No. 485-1976, § 41; Ord. No. 502-1976, § 8; Ord. No. 507-1976, § 3; Code 1977, § 17.32.140; Ord. No. 1289-1998, § 19, 11-17-1998)

Within 45 days after conclusion of hearings on the development application permit, the city council shall render a decision as to approval or denial. The city council shall state in writing the reasons for its decision and its findings and conclusions, and shall provide timely transmittal of its findings to the applicant, the appropriate state agency, and the state land use commission.

(Code 1962, § 25-13-103(H); Ord. No. 485-1976, § 41; Code 1977, § 17.32.150)

A.

Upon request of the state or a political subdivision of the state as defined by C.R.S. § 29-1-202(1), proposing to develop in an area of state interest or to engage in an activity of state interest, the requirements of this chapter may be met by the approval of an intergovernmental agreement in lieu of a permit application and review as provided by this chapter. If such an agreement is approved by the city council, no permit application to develop in the area or to conduct the activity of state interest shall be required, provided that all of the following conditions are met:

1.

The state or political subdivision/developer and the city must both be authorized to enter into this agreement.

2.

The purpose and intent of this chapter and C.R.S. § 24-65.1-101 et seq. must be satisfied by the terms of the agreement.

3.

A public hearing must be conducted by the city council to publicly review and approve of the proposed agreement. Notice of the public hearing shall be published once at least 30 and not more than 60 days prior to the hearing in a newspaper of general circulation in the city and county.

4.

Both the city council and the governing body of the state or political subdivision/developer must approve the agreement in the manner required of each of them by the state constitution, state statutes and any applicable charter, ordinance or resolution.

B.

Exercise of the provisions of this section by the state or political subdivision/developer will not prevent that entity from electing at any time to proceed under the permit provisions of these regulations. Additionally, any entity which has previously proceeded under the permit provisions of these regulations may at any time elect to proceed instead under this section.

(Ord. No. 1289-1998, § 20, 11-17-1998)

After the effective date of this chapter, any person desiring to engage in a development in a designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this chapter may be enjoined by the state land use commission or the city from engaging in such development; and such developer shall be liable for all costs involved in any court action to enjoin such development, including reasonable attorney's fees.

(Code 1962, § 25-13-103(I); Ord. No. 485-1976, § 41; Code 1977, § 17.32.160)

A.

When it comes to the attention of the city council that the provisions of any permit under this chapter have been violated by the permittee, the city council, if it determines that enforcement action is appropriate, shall give the permittee written notice of the specific violation and of a hearing on the proposed violation which the city council shall schedule no sooner than 30 days after the date of the written notice. If the city council determines that an emergency situation exists the city council may schedule the hearing sooner than 30 days, provided that the permittee receives at least five working days' prior notice of the hearing.

B.

If the permittee fails to correct the violation by the public hearing date, and the city council determines at the public hearing that the violation exists, the city council, in its discretion, may impose an appropriate sanction, including but not necessarily limited to temporary suspension of the permit for a reasonable time certain, an order to correct the violation within a reasonable time certain, the requirement for additional financial guarantees, or revocation of the permit.

C.

The city shall have the authority to seek an injunction or other appropriate relief in the appropriate state or federal district court if the permittee fails to correct the violation or to comply with any sanction imposed at the public hearing.

D.

Any permit issued under this chapter shall be deemed to include the granting of the permittee's consent to entry and inspections by the city council and its authorized representatives as may be necessary at any time during regular business hours, without prior notice to the permittee, to determine compliance with the terms of the permit.

(Ord. No. 1289-1998, § 21, 11-17-1998)

The denial of a permit shall be subject to judicial review in the district court for the judicial district in which the proposed development was to occur.

(Code 1962, § 25-13-103(J); Ord. No. 485-1976, § 41; Code 1977, § 17.32.170)

Amendment of designated area boundaries shall be in accordance with the procedures provided for amendment of the text of this title in chapter 17.44.

(Code 1962, § 25-13-104(A); Ord. No. 485-1976, § 41; Code 1977, § 17.32.180)

A.

In addition to the amendment procedure provided in section 17.32.180, special procedure set out in subsection B of this section shall be used by the city council in deciding contested cases in which the boundary of a designated area of state interest is disputed, or in cases where because of local, detailed circumstances the designated condition does not present a significant hazard to public health or safety or to property at the specific location for the particular proposed land use.

B.

In all cases, a person contesting the location of the designated area boundary or the severity of conditions at a specific location within the designated area shall be given a reasonable opportunity to present his case to the city council and shall submit technical and geologic evidence to support such contest. The city council shall not amend the boundary line as mapped or nonpermitted land uses within the boundary areas unless technical and geological evidence clearly establishes, in the opinion of the city council, that the conditions do not present a significant hazard to public health or safety, or to property at the specific location within the hazard area boundary for the particular proposed land use, or that the proposed use will not violate the criteria for administration of areas or activities of state interest set forth in C.R.S. §§ 24-65.1-201—24-65.1-204.

(Code 1962, § 25-13-104(B); Ord. No. 485-1976, § 41; Code 1977, § 17.32.190)

A.

The city council, having considered the intensity of current and foreseeable development pressures and applicable guidelines for identification and designation adopted and issued by the state land use commission, as well as the other relevant factors set forth in this chapter, at a duly noticed public hearing held in accordance with C.R.S. § 24-65.1-401 et seq., finds and declares the following areas and activities to be matters of state interest:

1.

Areas around key facilities (arterial highway interchanges);

2.

Geologic hazard areas;

3.

Site selection of arterial highways and interchanges; and

4.

Site selection of collector highways.

B.

Any development within any of such designated areas, and the conduct of any of such designated activities, within the boundaries of the city shall be subject to these designations, shall require a permit, and shall be subject to the accompanying regulations as set forth in this chapter.

C.

The reasons for such designations are as stated in Ordinance No. 501-1976, this chapter and section 17.32.010.

D.

Areas around arterial highway interchanges, as designated under this section, shall be considered to be those areas which are immediately and directly affected by the arterial highway interchange, whether existing or proposed. The boundaries for these areas shall be an area within a radius of one mile from the center of the interchange.

E.

A permit to engage in site selection of an arterial highway and interchange and collector highway shall be required at the time of site selection as defined in this chapter. The term "site selection" shall in all contexts be construed to require a permit before any grading, earth moving, or other work is done which shall physically affect the site or corridor selected. Any permit granted for site selection activity shall state that the particular activity for the particular site or corridor therein described shall be allowed. A new permit shall be required for any other site selection activity, site, or corridor not specifically covered by a permit.

(Ord. No. 1289-1998, § 22, 11-17-1998)

Due to the potential impact of past mining in the city planning area on future development, all land within this jurisdiction which has been undermined shall be identified as a geologic hazard area by the planning commission; and such area shall be subject to the special provisions specified in sections 17.32.200 through 17.32.330, as well as to the general requirements specified in sections 17.32.010 through 17.32.190.

(Code 1962, § 25-13-105(A); Ord. No. 507-1976, § 5; Code 1977, § 17.32.200)

The location and boundaries of identified geologic hazard areas shall be shown in the city's comprehensive development plan, as amended.

(Code 1962, § 25-13-105(B); Ord. No. 507-1976, § 5; Code 1977, § 17.32.210)

The following open uses shall be permitted outright with identified and designated geologic hazard areas to the extent that they are not prohibited in a particular area by this title or by other city ordinances and regulations:

A.

Agricultural uses such as general farming, grazing, truck farming, forestry, sod farming and wild crop harvesting;

B.

Industrial-commercial uses such as loading areas, parking areas not requiring extensive grading or impervious paving, and storage yards for equipment or machinery easily moved or not subject to geologic hazard damage;

C.

Public and private recreational uses not requiring permanent structures designed for human habitation such as parks, natural swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, skeet ranges, and hunting, fishing, skiing and hiking areas if such uses do not cause concentrations of people in the areas during periods of high hazard probability.

(Code 1962, § 25-13-105(C); Ord. No. 507-1976, § 5; Code 1977, § 17.32.220)

Under certain conditions, corrective engineering and engineered construction may allow certain types of development to occur in identified or designated geologic hazard areas. Such development shall require site-specific geologic investigation and certification as specified in section 17.32.300.

(Code 1962, § 25-13-105(D); Ord. No. 507-1976, § 5; Code 1977, § 17.32.230)

It is the intent of this chapter that subdivision review under title 16 be carried out simultaneously with the review of a planned unit development, and that the subdivision process involving identified geologic hazard areas be subject to the same requirements as specified for a planned unit development involving an identified geologic hazard area. In the event a proposed development is not subject to either the planned unit development provisions of chapter 17.28 or the subdivision provisions of title 16, the provisions of this chapter shall apply to a building permit application involving an identified geologic hazard area.

(Code 1962, § 25-13-105(E); Ord. No. 507-1976, § 5; Code 1977, § 17.32.240)

In order to initiate consideration of a preliminary development plan or a building permit involving an identified geologic hazard area, an application for designation review shall be submitted to the planning commission along with the preliminary development plan or building permit application. The application for designation review shall be processed and a fee shall be charged as for an amendment to the text of this title as specified in chapter 17.44.

(Code 1962, § 25-13-106(A); Ord. No. 507-1976, § 1; Code 1977, § 17.32.250)

Accompanying the application shall be a report presenting the following geologic information as determined by a general geologic investigation:

A.

Pertinent historic, geologic and hydrologic factors of the area;

B.

Past occurrences of known ground subsidence;

C.

Available data regarding air shafts, haulage ways, adits, faults, rooms and pillars, and final mine maps adjusted to modern surveys;

D.

The interval between the ground surface and the location of void space or materials subject to volume decrease;

E.

The amount of material removed or materials subject to volume decrease;

F.

Logs of wells which were spaced according to the geologic conditions of the site and character of the surface land use;

G.

In wind-deposited silt (loess) areas and areas of predominantly fine-grained soils, the degree of wetting the area is subjected to and its effect;

H.

The results of any drilling performed, and interpretation and conclusions based on such drilling; and

I.

Whatever additional information is deemed necessary by the professional geologist or professional engineer to allow him to certify the adequacy of the general investigation and the conclusions reached.

(Code 1962, § 25-13-106(B); Ord. No. 507-1976, § 1; Code 1977, § 17.32.260)

Based on the geologic investigation and resulting conclusions, a map, scale of one inch equals 200 feet, shall be prepared and submitted delineating the following:

A.

Those specific areas, if any, which have been undermined or are adjacent to undermined areas but have been determined to be safe from significant geologic hazard. In order to be so classified, such areas must be determined to be safe for the general type of land use proposed without necessitating any corrective engineering and engineered construction related to geologic hazard.

B.

Those specific areas, if any, which have been undermined or are adjacent to undermined areas and have been determined to be subject to geologic hazard to the extent that corrective engineering and engineered construction may be required to safely develop the area for the general type of land use proposed.

C.

Those specific areas, if any, which have been undermined or are adjacent to undermined areas and have been determined to be subject to geologic hazard to the extent that the area is unfit for the general type of land use proposed.

D.

Any additional information relevant to designation which is appropriate.

(Code 1962, § 25-13-106(C); Ord. No. 507-1976, § 1; Code 1977, § 17.32.270)

A.

Upon receipt of an application for designation review, the planning commission shall hold a public hearing to consider the application and shall make recommendation to the city council as required for amendment of the text of this title in chapter 17.44.

B.

The city council shall proceed with designation as specified in C.R.S. § 24-65.1-101 et seq. and shall designate those areas identified in subsections 17.32.270.B and C as geologic hazard areas.

(Code 1962, § 25-13-107; Ord. No. 507-1976, § 1; Code 1977, § 17.32.280)

Following designation action by the city council, a preliminary development plan may be approved as follows:

A.

If the preliminary development plan proposed permitted uses specified in section 17.32.220 for any identified or designated geologic hazard area (any undermined area), the plan may be approved without conditions or contingencies.

B.

If the preliminary development plan proposes uses other than those permitted by section 17.32.220 for any identified or designated geologic hazard area (any undermined area), approval of the plan shall be conditional and shall be contingent on-site-specific investigation.

C.

If the building permit proposes structures other than those associated with those uses permitted by section 17.32.220 for any identified or designated geologic hazard area (any undermined area), the permit shall not be issued until site-specific investigation is complete.

(Code 1962, § 25-13-108; Ord. No. 507-1976, § 5; Code 1977, § 17.32.290)

A.

A site-specific geologic investigation (a detailed geologic investigation which is applicable to each site) shall be required for each site located in an identified or designated geologic hazard area for which a use other than those permitted by section 17.32.220 is proposed.

B.

The extent of the site-specific geologic investigation required shall be determined by the professional responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow the professional to certify whether the geologic conditions are such that site can or cannot be developed for the specific structure or activity proposed without corrective engineering and engineered construction, or whether corrective engineering and engineered construction can or cannot be accomplished to minimize significant hazard to public health and safety or to property due to geologic hazard.

(Code 1962, § 25-13-109; Ord. No. 507-1976, § 5; Code 1977, § 17.32.300)

Following completion of the site-specific geologic investigation, a final development plan may be approved or a building permit issued as follows:

A.

If the finding of the such investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering and engineered construction, the final plan may be approved without conditions or the building permit may be issued.

B.

If the finding of such investigation is that the site is subject to geologic hazard, but that corrective engineering and engineered construction can be accomplished to minimize significant hazard to public health and safety or to property due to such geologic hazard, approval of the final development plan shall be conditional and shall be contingent on the issuance of a building permit as specified in section 17.32.320 for corrective engineering and engineered construction.

C.

If the finding of such investigation is that the site cannot be developed for the structure or activity proposed due to geologic hazard, the final development plan or building permit shall be denied.

(Code 1962, § 25-13-110; Ord. No. 507-1976, § 5; Code 1977, § 17.32.310)

The following shall pertain to any construction project proposed in an identified or designated geologic hazard area (any undermined area) which requires corrective engineering and engineered construction to minimize significant hazard to public health and safety or to property due to geologic hazard. The certified site-specific reports and plans required by this section shall be prepared by each engineer and geologist as applicable to their area of specialty.

A.

Certification and city approval, or reports, designs and actual (as built) construction shall be required to ensure that:

1.

Adequate base data, including engineering geology, hydrology and soils engineering, have been provided;

2.

Such base data is utilized in the design and planning of the proposed project;

3.

Designs and construction procedures derived from such base data are executed; and

4.

Designs and construction will minimize significant hazard to public health and safety or to property due to geologic hazard.

B.

The following certified site-specific reports and plans shall be submitted to and approved by the director of public works or his authorized representative prior to the issuance of a building permit:

1.

An engineering geology report, including an adequate description of the site, conclusions regarding the effect of geologic conditions on the proposed project, and recommendations as to the design criteria for corrective measures when necessary;

2.

A soils engineering report including an adequate description of the nature, distribution and strength of existing soils of the site, conclusions regarding the effect of soil conditions on the proposed project, and recommendations as to design criteria for corrective measures when necessary;

3.

Other reports and recommendations as necessary pertaining to hydrology, slope or other relevant factors to be filed as separate reports or included in the reports required in subsection B.1 and B.2 of this section; and

4.

Plans and specifications for the proposed project and a report describing how the recommendations presented in the above-noted reports have been incorporated into such plans and specifications.

C.

The following shall be approved by the director of public works or his authorized representative prior to the issuance of an occupancy permit:

1.

Professional inspection and certification that the work was done in accordance with the plans and specifications;

2.

Preparation or review, and certification of revised recommendations and/or plans and/or specifications as required for original reports, plans and specifications in subsections A and B of this section;

3.

Preparation and submission of final reports and/or as-built plans to include a summary of the tests conducted during construction, and certification as to the adequacy of the site for the intended use and that the work was done in accordance with the final approved plans and specifications.

D.

If in the course of fulfilling their responsibility under this chapter the engineers or geologists find that the work is not being done in accordance with the approved plans and specifications, the discrepancies shall be reported immediately, in writing, to the contractor and to the building inspector. Recommendations for corrective measures, if necessary, shall also be submitted.

E.

If the engineers of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification of work completed under their inspection and supervision.

(Code 1962, § 25-13-111; Ord. No. 507-1976, § 5; Code 1977, § 17.32.320)

A.

All geologic maps and reports prepared under this chapter shall be signed by and prepared by or under the responsible direction of a professional geologist, as defined by C.R.S. § 34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him or under his responsible direction as specified in section 17.32.320.

B.

All engineering work prepared under requirements of this chapter shall be prepared by or under the responsible charge of a registered professional engineer as defined by C.R.S. § 12-25-102, as amended. Such engineer shall be experienced and competent in the engineering specialty required to meet the objectives of this chapter. Such engineer shall be responsible for certification of all engineering work prepared by him or under his responsible charge, as specified in section 17.32.320.

(Code 1962, § 25-13-112; Ord. No. 507-1976, § 5; Code 1977, § 17.32.330)

A.

In addition the general requirements and criteria of sections 17.32.005 through 17.32.195, any permit application under this chapter for the site selection of an arterial highway interchange or collector highway shall be subject to the following additional criteria:

1.

The arterial highway interchange or collector highway shall be located so that:

a.

Community traffic needs are met. By way of example and not limitation, the arterial highway, interchange or collector highway shall not be located so as to:

i.

Cause or significantly contribute to congestion on or overuse of community roads and streets;

ii.

Cause or contribute to any unacceptable traffic safety condition; or

iii.

Significantly interfere with pedestrian or bike paths or trails, or with provision of other alternative modes of transportation.

b.

Desirable community patterns are not to be disrupted. By way of example and not limitation, the arterial highway, interchange or collector highway shall not be located so as to:

i.

Significantly degrade the natural characteristics of existing open space;

ii.

Significantly degrade view corridors or active or passive recreation opportunities associated with existing open space;

iii.

Create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space;

iv.

Significantly disrupt existing residential and rural areas; or

v.

Isolate city lands, residences or residential areas from public facilities, including but not limited to schools, hospitals, bus facilities, recreation areas, open spaces, or pedestrian or bike paths or trails.

c.

Direct conflicts with adopted local, regional and state master plans are avoided. By way of example and not limitation, the arterial highway, interchange or collector highway shall not be located so as to:

i.

Directly conflict with any alignment or location set forth in an adopted local, regional or state master plan, or in any other applicable planning document; or

ii.

Directly conflict with land uses anticipated within an adopted local, regional or state master plan, or with other applicable land use plans.

2.

All provisions of the permit application procedure have been complied with.

3.

Arterial highways and interchanges and collector highways shall be located only in those community areas for which a clear and reasonable need for such highway facility has been demonstrated.

4.

Other reasonable modes or transportation shall be incorporated into the proposal for the arterial highway, interchange or collector highway.

5.

The proposal shall be consistent with alternatives which may be utilized by the city in planning for and controlling adjacent land use.

6.

Arterial highways and interchanges and collector highways shall be located in a manner that does not significantly impede the delivery of essential community goods and services, including without limitation police, fire and other emergency services.

7.

Arterial highways and interchanges and collector highways shall be located in a manner that does not significantly restrict access via other roadways, mass transit facilities, or pedestrian or bike paths or trails to local commercial services, businesses and employment centers.

8.

The location of arterial highways and interchanges and collector highways shall not contribute to the expansion of demand for public services or utilities beyond the reasonable capacity of the serving authorities or utilities to provide such services.

9.

Arterial highways and interchanges and collector highways shall be located so as to complement the compact and efficient extension of urban services, utilities and development, if planned for the community.

10.

The benefits of the arterial highway or interchange or collector highway location shall outweigh the loss of any natural resources or agricultural lands rendered unavailable by the proposal.

B.

The permit shall be denied if it does not satisfy all applicable requirements and criteria.

(Ord. No. 1289-1998, § 23, 11-17-1998)

A.

In addition to the general requirements and criteria of sections 17.32.005 through 17.32.195, any permit application under this chapter for development in areas around interchanges involving arterial highways shall be subject to the following additional criteria:

1.

The proposed development shall be administered to minimize danger to public health and safety and to property.

2.

The proposed development shall discourage traffic congestion, incompatible uses, and the expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services.

3.

The proposed development shall encourage the smooth flow of traffic and compatibility of motorized and nonmotorized traffic.

4.

The proposed development shall preserve desirable existing community patterns. By way of example and not limitation, the proposed development shall not:

a.

Significantly degrade the natural characteristics of existing open space;

b.

Significantly degrade view corridors or active or passive recreation opportunities associated with existing open space;

c.

Create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space;

d.

Significantly disrupt existing residential and rural areas; or

e.

Significantly impact or degrade existing land forms, landscaping, or buffer or transition areas between land uses.

5.

A development that proposes burdens or deprivations on the communities of a region shall not be justified on the basis of local benefit alone.

6.

All provisions of the permit application procedure have been complied with.

7.

The proposed development must comply with existing zoning regulations in the area, with all applicable master plans, and with all other applicable local, state and federal law.

B.

The permit shall be denied if it does not satisfy all applicable requirements and criteria.

(Ord. No. 1289-1998, § 24, 11-17-1998)