This Chapter of the Town of Mancos Municipal Code shall be known and may be referred to as the Town of Mancos Land Use Code. It is referred to throughout this Chapter as this Land Use Code (LUC) or this Code.

(Ord. No. 751, § 1, 11-13-2019)

This LUC is adopted pursuant to the powers granted and limitations imposed by Title 31, Article 23, C.R.S.

(Ord. No. 751, § 1, 11-13-2019)

The provisions of this LUC shall apply to the development of all land within the Town, unless specifically provided otherwise in the Town of Mancos Municipal Code.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Generally. This LUC is adopted to promote the health, safety, and general welfare of the citizens of the Town. It is adopted in accordance with the Town's comprehensive plan, as adopted, and is intended to accomplish the following:

(1)

Encourage implementation of the comprehensive plan, including specifically the goals, objectives, and policies of the plan, and the future development plan.

(2)

Preserve the western, small-town character of the Town.

(3)

Manage growth in a way that improves the residents' quality of life.

(4)

Promote compatible land use relationships.

(5)

Facilitate the provision of adequate transportation, water, sewerage, schools, parks, and other public facilities and services.

(6)

Promote predictability, consistency, and efficiency in the land development process for residents, neighborhoods, businesses, agriculture, and development interests.

(7)

Ensure appropriate opportunities for participation and involvement in the development process by all affected parties.

(b)

Additional purposes. Additional purposes are included in the specific sections of the LUC as relevant to the standards in those sections.

(Ord. No. 751, § 1, 11-13-2019)

The provisions of this LUC are the minimum standards necessary to accomplish its stated purposes. It is not the intent of this LUC to interfere with, abrogate, or annul any private easement, covenant, deed restriction, or other agreement between private parties. When the provisions of this LUC conflict with private agreements, the stricter provisions shall control. It is not the responsibility of the Town to enforce private agreements or restrictions.

(Ord. No. 751, § 1, 11-13-2019)

Extension of municipal services to development outside Town boundaries shall be subject to applicable rules and regulations of the Town. No services for water or sewer shall be provided outside the Town limits unless a pre-annexation agreement is entered into between the party seeking the service and the Town.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Board of Trustees. Fees for the processing of land use applications for proposed developments shall be set by resolution of the Board of Trustees proportionate with the level of service. Such fees may include all costs to the Town, including publication of notices, public hearing and review costs, planning, engineering, legal, and other professional review costs.

(b)

Limitations. No person or entity owing money to the Town, in any amount or for any purpose, including delinquent taxes certified by the County Treasurer or any land use application fees, may be granted any development permit or any other development approval, and the Town and any of its boards, commissions, departments, officers, or agents will take no action on a zoning development permit or other land use application, until all moneys owed the Town by an applicant are paid. This provision shall not prohibit the Town or any of its designees from conducting a preapplication conference or determining application completeness.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Existing development. No provision of this Code shall require any change in the continued use of any structure for which a certificate of occupancy was issued pursuant to the previous code. Requests for changes to the structure, site, or use may require compliance with this Code.

(b)

Violations continue. Any violation occurring under the previous code will continue to be a violation under this Code and be subject to penalties and enforcement pursuant to Article 20, Violations and Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Code.

(c)

Nonconformities continue. Any nonconformity under the previous LUC remains a nonconformity unless and until it conforms to the provisions of the current LUC.

(d)

Previous approvals.

(1)

Validity. Except for planned unit developments, permits and approvals issued prior to the effective date of this Code remain valid for a period of six months following adoption. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid.

(2)

Extension. The decision-making body that granted the original approval may renew or extend the time of a previous approval if the required standards or criteria for approval remain valid and the proposed extension complies with Section 16-18-8.

(3)

Reapplication. For any expired approval or permit, reapplication is required. The new application will be considered under the provisions of the LUC in effect at the time of reapplication.

(e)

Previously approved planned unit developments.

(1)

PUD Final Development Plan. Any planned unit development approved prior to the effective date shall remain valid if it has received PUD final development plan approval for at least one phase of the PUD prior to the effective date of this Code. PUDs that receive PUD final development plan approval for at least one phase of the PUD may be carried out in accordance with the development standards in effect on the date of approval.

(2)

Preliminary PUD Plan. Preliminary PUDs that fail to receive final development plan approval for at least one phase of the PUD prior to the effective date of this Code shall be required to re-apply.

(f)

Applications in progress.

(1)

Completed applications. Complete applications submitted before the effective date and pending approval at the time of adoption may, at the applicant's option, be reviewed wholly under the terms of the previous code. If approved, these projects may be carried out in accordance with the development standards in effect at the time of application.

(2)

Resubmission of incomplete applications. Any application submitted before the effective date but found by the Zoning Administrator to be incomplete shall be required to re-apply.

(3)

Reapplication. If an applicant chooses to amend, withdraw, or resubmit (collectively, "reapplication") an application that was completed prior to the effective date of this Code, the reapplication shall be processed under the provisions of the LUC in effect at the time of reapplication.

(4)

Fees. Payment of fees for a reapplication or resubmission shall be governed by Section 16-18-4.5 and applicable Town policy.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Definitions.

Building means a building is a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.

District means a district is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

Historic or historical means having importance in the history, architecture, archaeology or culture of Colorado, the Town of Mancos, or the United States, as determined by the Historic Preservation Board.

Properties means the resources, including buildings, structures, objects, sites, districts or areas that are of historical significance.

Preservation means the protection, enhancement and maintenance of historic properties.

Town register means the Town Register of Historic Properties.

(b)

Purpose. The purpose of this Section is to enhance the community's local resources and to promote the public interest in historic preservation through:

(1)

The protection and preservation of the Town's architectural, historic and cultural heritage, as embodied in designated historic structures, sites and districts, by appropriate regulations and incentives.

(2)

The establishment of a Town Register listing designated historical structures, sites and districts.

(3)

The provision of educational opportunities to increase public appreciation of the Town's unique heritage.

(4)

The promotion of property values and enhancement of community and economic development in neighborhoods. The Town recognizes that historic preservation has a positive impact on the sustainability of a community.

(5)

The implementation of the recommendations contained within the Town's Comprehensive Plan as it pertains to community and economic development, housing, community character and design.

(c)

Town registry established. The Board of Trustees hereby establishes the Town Register of historic sites, structures or districts. A site, structure or district may be listed on said Register only if said site, structure or district has been designated by the Board of Trustees, following recommendation by the Historic Preservation Board. All properties listed on the National Register of Historic Places or the State Register of Historic Properties are eligible for the Town Register but are not designated until approval, pursuant to this Section, is obtained.

(d)

Designation of historic structures, sites and districts.

(1)

Pursuant to the procedures set forth in this Section, the Board of Trustees may, by resolution:

a.

Designate as historic an individual structure, site or other feature or an integrated group of structures and features on a single lot or site having a special historical or architectural value; or

b.

Designate as a historic district an area containing a number of structures or sites having a special historical or architectural value.

(2)

Each such designation shall include a description of the characteristics of the structure, site or historic district which justify its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the historic structure, site or district.

(3)

No individual structure or site will be designated without the consent of all owners of record and the provisions of this Section.

(4)

The purpose and effect of designation is to:

a.

Assist local groups interested in preservation of physical structures, sites or districts and to recognize locally significant structures, sites or districts.

b.

Provide a mechanism to educate the public on local history, development of the community, architectural styles and housing and business development.

c.

Enable the owners of the property in the Town to take advantage of historic preservation programs and opportunities.

d.

Make all properties listed on the Town Registry eligible for such incentive programs as may be developed.

(5)

The Town Register shall recognize any historic site, structure or district that has been designated as such by either the State of Colorado or the National Register of Historic Places, upon approval pursuant to this Article. With the consent of the property owner through a written letter, the Town Register may include a historic structure or site with the aforementioned designations without requiring the property owners of record to submit a new application to the town. The letter from the property owner shall be accompanied by a copy of the approved application for state or national recognition.

(e)

Application; fees. A nomination for designation listing in the Town Register may be made by the Board of Trustees or by any citizen by filing an application with the Zoning Administrator. The applicant shall pay all public notice expenses, recording fees and any other fees established by resolution of the Board of Trustees. The initial application fee is hereby established at seventy-five dollars ($75.00).

(f)

Historic Preservation Board review.

(1)

The Historic Preservation Board shall review the designation application in a public meeting no more than thirty (30) days after the filing of the application, or as soon thereafter as practicable.

(2)

The Historic Preservation Board shall review the application for conformance with the established criteria for designation and with the purposes of this Section.

(3)

Within ten (10) days after the conclusion of the public meeting, but in no event more than thirty (30) days after the meeting, unless mutually agreed upon by the Historic Preservation Board, the applicant and the owners other than the applicant, the Historic Preservation Board shall recommend either approval, modification and approval or disapproval of the application. The Historic Preservation Board may recommend approval conditional upon the execution of certain easements, covenants or licenses.

(4)

The Historic Preservation Board shall forward to the Board of Trustees, in writing, any recommendations as to easements, covenants or licenses that must be met by the property owner to receive and/or maintain the designation.

(5)

A public hearing shall be held by the Historic Preservation Board prior to the designation of a single historic property or a historic district.

(g)

Board of Trustees Review for Historic Districts and Historic Properties. The Board of Trustees shall hold a public hearing on the designation application for a historic district and shall review the application for conformance with the established criteria for designation of a district and with the purpose of this Section. Designation for a single historic property shall be reviewed by the Board of Trustees in a public meeting without the requirement of a public hearing.

(h)

Notification requirements.

(1)

The Town shall publish notice of the public hearing, to be given by one (1) publication in a newspaper of general circulation in the Town without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than fifteen (15) days from the date of publication.

(2)

The applicant shall post a sign provided by the Town Clerk in a prominent location on the subject property providing notice of the public hearing at least fifteen (15) days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date and place of the public hearing; the name, address and phone number of the applicant; and a map showing the land area affected.

(3)

Owner notification. When a structure, site or historic district has been designated as provided herein, the Zoning Administrator shall promptly notify the record owners of the property, according to the County Assessor's records or other available information, and record the designation with the County Clerk and Recorder.

(i)

Limitation on resubmission and reconsideration of proposed designation. Whenever the Board of Trustees disapproves a proposed designation, no person shall submit an application that is the same, or substantially the same, for at least one (1) year from the effective date of the final action on the denied application.

(j)

Criteria for designation.

(1)

The Historic Preservation Board and the Board of Trustees will consider the following criteria in reviewing nominations of properties and districts for designation:

a.

Structures. Structures must be at least fifty (50) years old and meet at least one (1) of the following criteria for architectural, cultural or geographic/environmental significance. A structure can be exempted from the age standard if the Board of Trustees finds it to be exceptionally significant in other criteria.

b.

Architectural, cultural or geographic/environmental criteria. Historic structures or sites shall meet at least one (1) of the following of the criteria listed under Subparagraphs 1., 2. and 3. below in order to be considered for designation:

1.

Architectural.

i.

Exemplifies specific elements of one (1) or more architectural styles or periods.

ii.

Is an example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally or locally.

iii.

Demonstrates superior craftsmanship or high artistic value.

iv.

Represents an innovation in construction, materials or design.

v.

Represents a built environment of a group of people in an era of history.

vi.

Exhibits a pattern or grouping of elements representing at least one (1) of the above criteria.

2.

Cultural.

i.

Is a site of a historic event that had an effect upon society or history.

ii.

Exemplifies cultural, political, economic or ethnic heritage of the Town.

iii.

Is associated with a notable person or the work of a notable person or of a person significant in history.

3.

Geographic/environmental.

a.

Enhances the sense of identity of the Town.

b.

Is an established and familiar natural setting or visual feature of the Town.

c.

Prehistoric and historic archaeological structures or sites. Prehistoric and historic archaeological structures or sites shall meet one (1) or more of the following:

1.

Exhibits distinctive characteristics of a type, period or manner of construction.

2.

Is a significant example of structure.

3.

Has the potential to make a significant contribution to the knowledge of the area's history or prehistory.

4.

Is associated with a significant event in the area's development.

5.

Is associated with a notable person or the work of a notable person.

6.

Is a significant example or is associated with a particular ethnic or other community group.

7.

Is a significant example of an event in local history.

8.

Is geographically or regionally significant.

d.

Archaeology/subsurface.

1.

Has the potential to make a significant contribution to the area's history or prehistory.

2.

Is associated with a significant event in the area's development.

3.

Is associated with a notable person or the work of a notable person.

4.

Has distinctive characteristics of a type, period or manner of construction.

5.

Is of geographical significance.

(2)

General criteria. Each property will also be evaluated based on physical integrity using the following criteria (a property need not meet all the following criteria):

a.

Shows character, interest or value as part of the development, heritage or cultural characteristics of the community, region, State or Nation.

b.

Retains original design features, materials and/or character.

c.

Is in the original location, or same historic context if it has been moved.

d.

Has been accurately restored.

(k)

Historic districts.

(1)

Significance is determined by applying criteria to the patterns and unifying elements.

(2)

Nominations will not be approved unless the application contains written approval from owners of record of at least seventy percent (70%) of the properties within the district boundaries.

(3)

Properties that do not contribute to the significance of the historic district may be included within the boundaries as long as the noncontributing elements do not noticeably detract from the district's sense of time, place and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location and/or information potential.

(4)

District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development or evidence of changes in site type or site density as established through testing or survey.

(5)

When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation.

(6)

In addition to meeting at least one (1) of the criteria identified in Section 16-14-90, the designated contributing sites and structures within the district must be at least fifty (50) years old. The district could be exempt from the age standard if the resources are found to be exceptionally important in other significant criteria.

(l)

Review of alterations. The owner of the historic designated property is required to consult with the Historic Preservation Board before making any alteration. The Historic Preservation Board shall determine if the alteration is compatible with the designation, and make non-binding recommendations to the owner. In order to compile a historic record of the property, the Historic Preservation Board may order that the historic property, structure, or site be properly recorded before it is altered in any way. For the purposes of this Section, the term alteration shall mean any proposed modification to a designated historic site, structure or district that could have an effect on the character of the historic resources relative to the criteria by which it was designated. Examples of alterations for structures may include additions and any exterior modifications, including signage to be affixed to the façade and any interior modifications that may affect the characteristics for which the structure was designated. The Historic Preservation Board shall make its review in a timely manner.

(m)

Criteria to review alterations.

(1)

In reviewing a proposed alteration, the Historic Preservation Board shall consider the project in terms of design, finish, material, scale, mass and height. When the subject site is in a historic district, the Historic Preservation Board must also find that the proposed development is visually compatible with the development on adjacent properties, as well as any guidelines adopted as part of the given Historic District designation. For the purposes of this Section, the term compatible means consistent with, harmonious with or enhancing the mixture of complementary architectural styles, either of the architecture of an individual structure or the character of the surrounding structures.

(2)

The Historic Preservation Board will use the following criteria to determine compatibility of a proposed alteration:

a.

The effect upon the general historical and architectural character of the structure and property.

b.

The architectural style, arrangement, texture and material used on the existing and proposed structures and their relation and compatibility with other structures.

c.

The size of the structure, its setbacks, its site location and the appropriateness thereof, when compared to the existing structure and the site.

d.

The compatibility of accessory structures and fences with the main structure on the site and with other structures.

e.

The effects of the proposed work in creating, changing, destroying or otherwise impacting the exterior architectural features of the structure upon which such work is done.

f.

The condition of existing improvements and whether they are a hazard to public health and safety.

g.

The effects of the proposed work upon the protection, enhancement, perpetuation and use of the property.

(n)

Revocation of designation. If a building or special feature on a designated site has been altered in such a way so as to negate the features necessary to retain designation, the owner may apply to the Historic Preservation Board for a revocation of the designation, or the Historic Preservation Board shall recommend revocation of the designation to the Board of Trustees in the absence of the owner's application to do so.

(Ord. No. 761, § 1, 10-28-2020)

Editor's note— Ord. No. 761, § 1, adopted October 28, 2020, set out provisions intended for use as § 16-2-7. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16-1-9.