The Town of Mancos has established review and decision-making bodies to administer and enforce this Land Use Code (LUC or this Code).

(a)

Zoning Administrator.

(1)

The Zoning Administrator is an official of the Town designated by the Board and entrusted with the jurisdiction, authority, and duty to administer, enforce, and interpret the LUC and to issue permits when approved as provided for in this Code.

(2)

The Town Administrator serves as the Zoning Administrator unless the Board decides otherwise, in which case the Zoning Administrator reports to the Town Administrator.

(b)

Building Inspector. The building inspector is an official of the Town who serves at the pleasure of and reports to the Town Administrator. The building inspector has authority to enforce the Town's adopted building code, enforce the LUC, issue building permits, and to administer Article 17, Floodplain Regulations.

(c)

Delegation of authority. The Town Administrator, Zoning Administrator, and building inspector may delegate associated responsibilities, duties, and tasks to other Town staff in accordance with Town policies. When this Code specifies that the Town Administrator, Zoning Administrator, or building official shall perform an act, it may be delegated by any of those officials without further instruction from this Code.

(d)

Review and decision-making bodies. The following boards and commissions have review and decision-making authority for specific applications, permits, and requests in this LUC:

(1)

Town of Mancos Board of Trustees (Board),

(2)

Town of Mancos Planning and Zoning Commission (PC), and

(3)

Town of Mancos Board of Adjustment (BOA).

(e)

Summary table of review authority. The responsibilities of officials and bodies for each LUC procedure are summarized in Table 16-18.1.

Notes:

[1] Zoning Administrator, except where the building inspector is indicated in Article 17, Floodplain Management.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020; Ord. No. 777, § 3, 12-20-2023)

(a)

Described.

(1)

The generally applicable procedures for review and decision-making for land use and development applications are established in this Article. These are standard procedures that are applicable to all or most types of specific applications based on the following review steps:

a.

Pre-application meeting.

b.

Application submission and completeness review.

c.

Staff review.

d.

Public notice.

e.

Action by review and decision-making bodies.

f.

Appeal.

(2)

Article 19 establishes additional provisions for specific procedure types. Where the generally applicable procedures conflict with specific procedure provisions, the specific procedures provisions shall prevail.

(b)

Applicable common steps by specific procedure. Table 16-18.2 summarizes the procedural steps that are applicable for each specific application or action, and in the case of recommendations and decision hearings, which body has authority.

(c)

Administrative manual for additional materials. The Zoning Administrator may compile the requirements for application contents, forms, fees, submission materials, and review schedule in an administrative manual or user's guide, which may be divided into sections or topics and which shall be made available to the public in print or electronic format. The Zoning Administrator may amend and update the administrative manual from time-to-time.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020; Ord. No. 777, § 4, 12-20-2023)

(a)

Purpose. The purpose of the pre-application meeting is to provide an opportunity for the applicant and the Town to discuss the development concept prior to the application submission for a project in order to:

(1)

Determine the required application(s) and, if necessary, the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially);

(2)

Provide the applicant with application materials and inform the applicant of submittal requirements;

(3)

Provide the applicant with an estimated time frame for the review process;

(4)

Discuss generally compliance with the Code's zoning, use, density, development, and design standards, and attempt to identify potentially significant issues regarding compliance;

(5)

Discuss the need for any neighborhood meetings and public notice requirements; and

(6)

Refer the applicant to other departments or agencies to discuss potential significant issues prior to application submittal.

(b)

Applicability. This step is mandatory for special use permits, most subdivision application, rezoning requests, and other applications as identified in Table 16-18.2. A pre-application meeting is optional for the remaining procedures and may be scheduled by the Zoning Administrator at the request of an applicant.

(c)

Evaluation not binding.

(1)

The informal evaluation conducted by the Zoning Administrator and provided at the pre-application conference are not binding upon the applicant or the Town. The Town is not responsible for making or keeping a summary of the topics discussed at the pre-application meeting.

(2)

A pre-application conference precedes the actual application, so some key issues relating to a specific proposal may not be apparent at the pre-application conference and may require additional review, submissions, or studies later in the application process.

(d)

Applicant representative. An attorney, land planner, engineer, or surveyor may represent or assist the applicant in the pre-application meeting. The applicant shall be present at a mandatory pre-application meeting.

(Ord. No. 751, § 1, 11-13-2019)

The applicant is required to submit a formal application for all procedures and permit requests.

(a)

Application requirements.

(1)

Form of application.

a.

The Zoning Administrator is authorized to establish submittal requirements for all land use development and permit applications required by this Section and to update and amend such requirements as necessary to ensure effective and efficient Town review.

b.

Applicants shall refer to the individual application forms for submittal requirements for each type of land use development application.

c.

The applicant shall provide any additional information, documents, or other material relevant to the application that the Zoning Administrator reasonably believes is necessary in order for the Town to evaluate, analyze, and understand the subject matter of the application.

d.

Application submittal requirements, contents, and fees shall be established on the individual application forms provided by the Town. Application forms may be revised and updated from time-to-time as determined necessary by the Zoning Administrator.

(2)

Applicant responsibility.

a.

The applicant shall prepare and submit an application that meets all requirements, including forms and fees. It is the applicant's responsibility to ensure that the application is complete and accurate.

b.

All applications required by this Section shall be submitted to the Town offices unless otherwise specified.

(3)

Waiver of application submission requirements. The Zoning Administrator may waive or alter specific application submission requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. The Zoning Administrator may not provide a general waiver of submission requirements.

a.

Applicants shall request the waiver of a submission requirement in writing as part of a pre-application meeting. Requests for waiver may not be submitted without a pre-application meeting.

b.

The Zoning Administrator shall review the application for waiver as part of the completeness review and make a determination regarding whether to waive or require the information. The Zoning Administrator may refer the application to the PC for consideration.

c.

A waiver request shall be considered based on the following criteria:

1.

The applicant shows good cause for the requested waiver;

2.

The project size, complexity, anticipated impacts, or other factors support a waiver;

3.

The waiver does not compromise a proper and complete review; and

4.

The information is not material to describing the proposal or demonstrating compliance with approval criteria.

d.

The Zoning Administrator shall notify the applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report within five (5) business days of the pre-application meeting or five (5) business days of the PC meeting at which the request was reviewed. The waiver decision may be subject to call up by the Board.

e.

A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests.

f.

Once an application has been submitted it is too late to request a pre-application meeting or submission waiver; any late submission waiver requests shall not be considered.

(4)

Reports and studies.

a.

Reports or studies may be necessary to adequately evaluate the consequences of a proposed development and may be required as part of a specific application. These may include, but are not limited to, studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts, and environmental impacts.

b.

The applicant shall furnish the reports or studies needed at the applicant's cost. The applicant shall hire qualified professionals who have prepared similar studies in the region or State of Colorado. If the Board determines that information submitted by an applicant is insufficient or incomplete it may instruct the Town Administrator to hire a qualified professional and charge the applicant for the cost of preparation of a new or additional study.

(5)

Fees.

a.

Fees for the review of an application shall be established from time-to-time by the Board.

1.

Applications that include affordable housing as defined in this LUC shall be eligible for an administrative fee reduction or waiver as follows:

2.

Impact fees may not be reduced or waived. Tap fees may not be reduced or waived but the Board of Trustees may elect to self-pay tap fees for projects with affordable housing if funds are available.

b.

The Town may also assess and collect such additional fees as it may deem appropriate to adequately review an application. The Town shall base such additional fees upon the actual cost, whether by Town employees or independent third parties, of performing related plan and document preparation and review, inspection of construction of public and related improvements, and all related services, including attorney and engineering fees. Such additional fees may be charged on a per-unit basis, such as foot or mile, and the Town may also include in such additional fees a factor for overhead or other indirect expenses.

c.

When changes are made to a complete application for which fees have been paid, the Town shall take the following actions:

1.

Withdrawn application: All fees are forfeited; the fee shall be paid again in full if the application is resubmitted.

2.

Continuance of application: Payment of additional fees may be required to cover the cost of additional notice.

3.

Reapplication, resubmission: Payment of fees shall be required for a reapplication or resubmission where a previous application has been denied. The Zoning Administrator may waive the application submission fee but is required to charge the applicant for actual costs associated with the resubmission.

4.

Modification or revision of approved preliminary plan: Payment of the application fee shall be required to cover costs of re-review, less the cost of notice.

(b)

Official submission. An application shall be officially submitted when it is presented in full to the Zoning Administrator, either through: 1) hand submitted copy of the application, or 2) electronically submitted copy of the application filed pursuant to instructions for electronic filing identified on the Town of Mancos webpage or portal (at such time as the Town makes this technology available), filed on a business day during normal office hours.

(c)

Determination of completeness.

(1)

The Zoning Administrator shall determine whether the application is complete within ten (10) working days of submittal. A complete application is deemed sufficient in form and content such that recommendations, as required, and a decision may be made on the application by the Town officer or body authorized to review the application. The Zoning Administrator shall determine application sufficiency.

(2)

If the application is incomplete, the Zoning Administrator shall inform the applicant in writing of the determination of incompleteness and specify, generally, which materials are missing or insufficient.

a.

If the applicant fails to correct the deficiencies within sixty (60) days, the application shall be considered withdrawn and returned to the applicant. Incomplete applications shall not be processed by the Town. The Town may retain the application fee paid. Once an application has been withdrawn, the application shall be resubmitted in full, including payment of all required fees.

b.

An e-mail to the applicant or comment in the Town's permit online tracking system, if one is established, shall be considered a determination in writing.

(3)

If the application is complete, the Zoning Administrator shall establish the filing date, inform the applicant of a determination of completeness and the filing date, and continue to Step 3: Staff Review and Report.

(d)

Filing date and scheduling. The filing date is established when the Zoning Administrator verifies that the application is complete. Complete applications shall be scheduled for public hearing on the next available agenda date of the appropriate review body following any required public notice. Applications for review that do not require a public hearing shall be reviewed within thirty (30) days of a determination of completeness.

(e)

Concurrent application. The applicant is encouraged, and may be required by the Town, to submit all applications necessary for a development on the same filing date. The concurrent applications shall be processed under the procedures for the primary application. Unless the Town determines otherwise, the primary application is the procedure type that is decided by the highest decision body. Concurrent applications shall be reviewed and recommended by every recommendation body for every application type being concurrently processed.

(f)

Withdrawal. At any time at least one (1) business day prior to a decision hearing, the applicant may choose to withdraw the application for any reason by providing verbal or written notice to the Zoning Administrator. Notification of withdrawal of the application stops all further processing of the application.

(g)

Limitation on resubmission. Whenever the board of appeals or board of trustees decides an application or an appeal of an application, no person shall submit an application that is the same, or substantially the same, for at least one (1) year from the date of the final action on the application.

(h)

Inactive applications.

(1)

Criteria. The Zoning Administrator may notify the applicant in writing that an application will be considered inactive unless corrective action is taken within forty-five (45) days, if at any point in a development review process the following have occurred:

a.

The applicant fails to attend any scheduled mandatory meeting, meeting with the Zoning Administrator, meeting or hearing before the PC, BOA, or Board;

b.

The applicant has not responded to a staff report, has not agreed to a date for a meeting or hearing, or has not taken some other affirmative step within a reasonable time frame that is within the applicant's control and is necessary to advance the application for a final determination. A "reasonable time frame" shall be determined by the Zoning Administrator taking into account average response times from similar applicants on similar applications; or

c.

The applicant fails to submit an application for the next required permit for the approved application within two (2) years.

(2)

Application terminated. No further processing of any inactive application shall occur until the deficiencies are corrected. If the applicant does not correct the deficiencies within the forty-five-day correction period, the application shall be considered automatically withdrawn and terminated. Any re-submittal of the application thereafter by the applicant will be treated as a new application for purposes of review, scheduling, and payment of application fees.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 779, § 5, 5-22-2024)

Staff reviews the complete application, makes a determination for applications that are administratively approved, and prepares a report of findings for applications that are submitted to the PC, BOA, or Board for review determination.

(1)

Administrative decisions. For procedures where the Zoning Administrator serves as the decision-making authority, the Zoning Administrator shall make a decision according to the following steps:

a.

Review.

1.

The Zoning Administrator shall review the application for conformance with all applicable provisions of the LUC.

2.

Within fifteen (15) days of the filing date, the Zoning Administrator decides to approve or deny the application and provides written notification of the decision to the applicant. If an application is denied the written notification shall include the reasons for denial.

b.

Review criteria. When the Zoning Administrator has the authority to decide an application, except in the case of an interpretation, the application shall be reviewed against the applicable provisions of this LUC. To be approved, an application shall be fully consistent with the standards of this LUC unless an administrative adjustment is concurrently approved to allow any deviation. An administrative approval shall not be conditioned.

c.

Call up of Zoning Administrator decisions. The Board may exercise review over an application decided by the Zoning Administrator by calling-up the application for addition to the Board's agenda.

1.

The Board may call-up decisions made by the Zoning Administrator within ten (10) days of the date of written notice of the decision by the Zoning Administrator.

2.

A determination of call up shall be made by a majority vote of the Board.

3.

Called-up applications shall be reviewed at the next regularly scheduled Board meeting.

4.

The purpose of the call-up process is to allow the Board to exercise oversight of administrative approvals as it deems necessary, not to provide an applicant with an unofficial appeal of an administrative determination. When the Board calls-up an application for review, it shall review the application information as it was submitted to the Town. An applicant who wishes to submit additional information regarding an application shall first submit the additional information through reapplying for the approval through the Zoning Administrator.

(2)

Staff report to decision-making bodies. For applications decided by the Board, board of adjustment, or planning commission, the Zoning Administrator shall prepare a report with a recommendation to the reviewing and decision-making body(ies).

a.

Referral to agencies and departments.

1.

When indicated as required for a specific procedure, the Zoning Administrator shall forward one (1) copy of the application to:

i.

Each of the referral agencies and departments named in the specific procedure section; and

ii.

Any additional county or state agency concerned with urban development or other subject matter relevant to the application, per the request of the agency, applicant, decision-making body, or Zoning Administrator.

2.

The Zoning Administrator shall inform each referral agency of the date in which comments shall be received to be included in the staff report. Each referral agency shall submit any comments or recommendations related to the application in writing to the Zoning Administrator at least ten (10) days prior to the first public meeting or public hearing for the application.

3.

The failure of any agency to respond shall be considered "no comment" on the application by that agency. As applicable, referring agencies will provide the review and decision-making bodies with a summary of any capacity evaluation study that assesses the availability of Town-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.

4.

Where a referral agency has authority to grant an approval that is necessary to the Town's final approval and has not done so prior to the Town reviewing the application, approval of the application may be conditioned upon the referral agency's granting any additional approval that is necessary.

b.

Review and staff report.

1.

Based on staff's review the application against all applicable standards and criteria of the LUC, adopted policies of the Town, and written comments of all referral agencies and departments, staff shall prepare a written recommendation whether to approve, approve with conditions, or deny the application. If decision criteria are specified for the procedure, the recommendation shall include a draft of specific findings that support the recommendation for the decision-maker's review. If the recommendation is to approve with conditions, draft language of the specific conditions shall be stated in the report.

2.

At least five (5) days prior to the meeting or hearing, the Zoning Administrator shall distribute the staff report to the applicant, referral agencies, and to the recommendation or decision-making body.

(Ord. No. 751, § 1, 11-13-2019)

The planning commission reviews the application and makes a recommendation to the decision-making body whether to approve, approve with conditions, or deny the application.

(1)

Public notice of meeting. Notice shall be provided in published, posted, or mailed forms as indicated in Table 16-18-9.1, Section 16-18-9, Public Notice Requirements, and specific procedures in Article 19, Zoning and Subdivision Procedures. Where the provisions of this Section conflict with the provisions for specific procedures, the specific procedures provisions prevail.

(2)

Public meeting or hearing.

a.

The planning commission shall review the application and staff report and issue a recommendation. As required by a specific application, this may be done in a public hearing.

b.

Where applicable, the public hearing shall be completed within thirty (30) days of the filing date.

(3)

Generally applicable review criteria. Unless otherwise specified in this Section or the specific procedure, Town review and decision-making bodies shall review all development applications submitted pursuant to this Section for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application. In case of conflict between the general review criteria set forth in this Section and the specific review criteria, the specific review criteria shall apply.

a.

Consistent with prior approvals. Where a preliminary plan or plat was submitted and approved, a subsequent application for the same development shall be consistent with the terms and conditions of such prior preliminary plan or plat approval for the project including, without limitation, an approved phasing plan for development and installation of public improvements and amenities.

b.

Consistent with comprehensive plan. The proposal is consistent with the Mancos comprehensive plan and any applicable sub-area, neighborhood, sector, or district plan. The decision-making authority shall weigh competing plan goals, policies, and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies, or strategies in the comprehensive plan or other applicable plans.

c.

Compliance with use and development standards. The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards, and all other applicable substantive standards stated in this LUC or other applicable Town code. Such compliance shall be applied at the level of detail required for the subject submittal, and those standards which are not otherwise modified, varied, or waived as allowed by this LUC.

d.

Compliance with other applicable regulations. As applicable, prior to final approval of the proposed development pursuant to this LUC, the proposed development complies with all other Town regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control, and wastewater regulations.

e.

Minimizes adverse environmental impacts. The proposed development meets or exceeds all environmental protection standards in this LUC, is designed to minimize negative impacts, and does not cause significant adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, scenic resources, wildlife habitat, soils, native vegetation, and the natural functioning of the environment.

f.

Minimizes adverse impacts on surrounding property. The proposed development meets or exceeds all neighborhood protection standards in this LUC and all other site development standards intended at least in part to protect the existing character of neighboring properties and uses, and does not cause significant adverse impacts on surrounding properties.

g.

Minimizes adverse fiscal or economic impacts. The proposed use will not result in significant adverse fiscal or economic impacts on community or the Town.

h.

Compliance with utility, service, and improvement standards. As applicable, the proposed development complies with federal, state, county, and/or service or special district standards and design/construction specifications for roads, access, drainage, water, sewer, schools, and emergency/fire protection.

i.

Provides adequate public services and facilities. There will be capacity to provide adequate public services and facilities to accommodate uses permitted under the proposed development at the time such needs or demands arise, while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, libraries, and vehicle/pedestrian connections and access within the site and to adjacent properties.

j.

Rational phasing plan. As applicable, the proposed phasing plan for development of the project is rational in terms of available infrastructure capacity. In addition, each phase of the development shall contain all of the required streets, utilities, landscaping, open space, and other improvements that are necessary and desirable for the residents and users of that phase and shall not be dependent upon subsequent phases for those improvements.

(d)

Written recommendation. The planning commission shall consider all applicable standards and criteria of the LUC when making a recommendation.

(1)

Within ten (10) working days of the public meeting, the planning commission shall submit a written recommendation to the Zoning Administrator. The Zoning Administrator shall provide a copy of the recommendation to the applicant.

(2)

If decision criteria are specified for the procedure in Article 19, Zoning and Subdivision Procedures, then the recommendation shall state specific findings that support the recommendation and identify any recommended conditions.

(3)

If a decision-making body has authority to make the decision, the Zoning Administrator may amend the staff report to reflect the written recommendation and any new information discovered in the recommendation meeting. The amended staff report shall be submitted to the decision-making body for consideration.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

A decision-making body holds one (1) or more hearings at which it reviews and decides whether to approve, approve with conditions, or deny the application.

(1)

Public notice of hearing. Notice shall be provided in published, posted, or mailed forms as indicated in Section 16-18-9, Public Notice Requirements. Where the provisions of Section 16-18-9 conflict with the provisions for specific procedures, the specific procedures provisions prevail.

(2)

Public hearing.

a.

The decision-making body reviews the application, the staff report and recommendations from the PC and referral agencies in a public hearing.

b.

The public hearing shall be held within thirty (30) days of the date in which the Zoning Administrator files the staff report or the PC files its written recommendation, whichever is later.

(3)

Decision. At the public hearing, the decision-making body decides whether the application is approved, approved with conditions, or denied.

a.

Decision criteria. The decision-making body shall consider the generally applicable review criteria in Section 16-18-6(3) along with the decision criteria established for the specific application identified in Article 19, Zoning and Subdivision Procedures.

b.

Conditions.

1.

The decision-making body may impose conditions on an approval to safeguard the welfare and protection of the Town and adjacent property.

2.

Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development on the site and surrounding properties and shall be based upon the review criteria specified in each procedure's adopted standards.

3.

The decision-making authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified in the approval or in the specific provisions of this Code then a one (1) year time limit shall apply.

4.

The decision-making authority may require financial guarantees from the applicant where it finds such guarantees are necessary to ensure compliance with conditions of approval and protect the public health, safety, or welfare. The Town shall release such guarantees when the Zoning Administrator has determined that all conditions attached to the approval have been or will be satisfied.

5.

Conditions of approval shall be met or financial guarantees provided prior to the issuance of a certificate of occupancy or the appropriate final permit required by the Town.

c.

Written decision.

1.

Within ten (10) working days of a public hearing, the decision-making body shall submit a written record of the decision to the Zoning Administrator. The written record shall state the specific findings made to support the decision. If the decision is to approve with conditions, the written decision record shall state the specific conditions of the approval.

2.

As soon as practicable, and within five (5) days of receiving the written decision record, the Zoning Administrator shall send a notice of decision to the applicant.

3.

For decisions by the planning commission, the Zoning Administrator shall forward a copy of the notice of decision to the Board.

(4)

Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting.

a.

The applicant shall submit in writing the withdrawal request to the Zoning Administrator, and after such withdrawal, the Town will not take further action on the application.

b.

The application shall be considered terminated and no rights shall vest based on the application.

c.

To re-initiate review, the applicant may resubmit the application; in all respects it shall be treated as a new application for purposes of review, scheduling, and payment of application fees.

d.

Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.

(5)

Call up of PC decisions. The Board may exercise review over an application decided by the Planning Commission by calling-up the application for addition to the Board's agenda.

a.

Within twenty (20) calendar days following a planning commission decision, the applicant, a citizen owning property within five hundred (500) feet of the subject property, or the Town may submit a written request to the Zoning Administrator for a call up hearing.

b.

If called up, the planning commission decision is reviewed de novo at a Board meeting. This means that the Board reviews the application without deference to the planning commission's determination. New information may not be submitted to the Board at a call-up review. An applicant who wishes to submit additional information regarding an application shall first submit the additional information through reapplying for the approval through the Zoning Administrator.

c.

Public notice for the Board's call-up decision meeting shall be the same as is required for the planning commission decision hearing.

d.

The Board decides the called-up application according to the procedures and decision criteria for the application type and submits a written decision to the Zoning Administrator.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Termination of approval. Approvals granted under this LUC may terminate if unused by the applicant after a reasonable period of time.

(1)

Lapse. Except as otherwise specified in the specific procedures sections of this LUC, an approval granted under these regulations shall lapse and shall become void one (1) year following the date of final approval unless, prior to the expiration date, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion.

(2)

Extension.

a.

An approval may be extended by up to one (1) year by the body that issued the original approval. Requests for extensions of more than one (1) year must show good cause for the need for extension.

b.

All requests for extensions shall be submitted to the Zoning Administrator in writing at least thirty (30) days prior to the expiration of approval. An extension request shall include payment of required fees and written description of the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes to the comprehensive plan or this Code that have occurred since approval of the permit/plan as these changes affect the permit/plan, and the anticipated time schedule for completing the review project and/or the specific project. Additional review of the permit/plan may result in additional conditions.

c.

If the extension is denied, the applicant may re-submit a new application, subject to the fees and regulations in effect at the time of re-submittal, for the same project.

(b)

Limitations on successive applications.

(1)

Limitations on resubmittals. No application on the same request shall be permitted within one (1) year of an application denial unless the decision-making body determines that extenuating circumstances exist. A notation of "denied without prejudice" on the minutes of the prior action on an application shall be evidence of the existence of extenuating circumstances and resubmission shall be permitted.

(2)

Amendments.

a.

All substantial changes, modifications, removal, or release of the provisions of an approved plan or plat that do not qualify for administrative adjustment per Section 16-19-6 shall be considered amendments. Amendments shall include, but are not be limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Zoning Administrator.

b.

For purposes of review and scheduling, proposed amendments are treated as new applications subject to the applicable procedures and review criteria set forth in this Chapter unless otherwise noted in the specific review procedures.

c.

All approved amendments to a recorded plan or plat shall be recorded within ninety (90) days of the amendment's approval.

(3)

Modification of special use permits. A request to modify, expand, or otherwise change an approved special use permit that is not in substantial conformance with the approved permit shall be processed according to the provisions of this Section as a new application.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Forms of required notice. Table 16-18-9.1, Forms of Required Notice, indicates the forms of required public notice for meetings and hearings for each procedure. Not all application types require public notice.

(b)

Published notice. The Town Clerk shall publish one (1) notice of the public meeting or hearing in a newspaper of general circulation that shall state the time and place of such hearing and the nature of the subject to be considered.

(c)

Posted notice.

(1)

The applicant shall post a notice sign provided by the Town Clerk in a prominent location on the subject property.

(2)

The Town Clerk shall post a notice sign in a publicly visible location within the Town offices and on the Town website.

(3)

The notice sign shall state the time and place of the hearing and the nature of the subject to be considered; state the name, address, and phone number of the applicant; and include a map showing the land area affected.

(d)

Mailed notice.

(1)

The Town Clerk, at the expense of the applicant, shall send notice by first class mail to property owners within five hundred (500) feet of the subject property.

(2)

The mailed notice shall state the time and place of the hearing and the nature of the subject to be considered; state the name, address, and phone number of the applicant and; include a map showing the land area affected.

(e)

Voluntary notice.

(1)

At the direction of the Board, the Town Clerk may establish a Voluntary Notice Address List. Residents of Mancos and Montezuma County may ask the Town Clerk to be added to the voluntary notice list and they will be provided summary information via email or appropriate delivery format about notices that the Town has posted.

(2)

Voluntary notice is a courtesy provided for informational purposes only.

a.

Failure of the Town to provide voluntary notice shall have no procedural implications for any application.

b.

Provision of voluntary notice shall not establish any rights, obligations, or standing on the part of the recipients or Town.

(f)

Timing of published, posted, or mailed notice. Unless otherwise identified in a specific procedure, the timing for published, posted, or mailed notice shall be a minimum of fifteen (15) days prior to the public meeting or public hearing being noticed.

(g)

Notice for development of mineral estate.

(1)

In accordance with Colorado Revised Statutes Section 10-11-123 and Sections 24-65.5-101 through 24-65.5-106, the applicant shall provide mailed notice to any mineral estate owner that has a severed mineral interest within the proposed development.

(2)

Such notice shall contain the name and address of the mineral estate owner. To identify the mineral estate owner, the applicant shall examine the records in the office of the County Clerk and recorder in which the real property is located. Notice shall be sent if the records establish any of the following:

a.

The identity of the owner of the mineral estate.

b.

That an applicable request for notification is on record.

c.

That the mineral estate owner has recorded an instrument satisfying any applicable dormant mineral interest act.

(3)

If the records do not identify any mineral estate owner, the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations or held responsible for errors or omissions in such records.

(4)

The notice shall contain the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing, and the name of the applicant.

(5)

The notice shall be sent by first-class mail a minimum of thirty (30) days prior to the decision hearing.

(6)

Certification of notification of mineral estate owners is required. Provisions for the certification of notification of development of mineral estate owners are established in Chapter 2 of this Code.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 777, § 5, 12-20-2023)

(a)

Applicability.

(1)

Any person aggrieved by a decision made under this LUC by Town staff may file an appeal to the board of adjustment as provided for in this Section, except that interpretations made by the Zoning Administrator may be appealed to the Board.

(2)

In lieu of appeal, decisions of the planning commission can be "called up" to the Board as provided for in Subsection 16-18-7.

(3)

A protest provision for a decision of the Board on a rezoning application (zoning map amendment) is established in Section 16-19-12.

(b)

Appeals to court. A decision of the board of adjustment or Board may be appealed by any aggrieved person or by an officer, department, board or bureau of the Town as provided by Rule 106(a)(4), Colorado Rules of Civil Procedure. A written notice of appeal stating specific reasons for the appeal shall also be filed with the Town Administrator within thirty (30) days of the final written decision being appealed.

(c)

Administrative determination appeal procedure. An administrative appeal may be made by any person aggrieved by a final administrative determination of the Zoning Administrator regarding or enforcing the provisions of this Code.

(1)

Filing. The appeal must be filed within thirty (30) days after the decision date by filing a notice specifying the grounds for the appeal with the Zoning Administrator. The Zoning Administrator shall transmit to the board of adjustment the full record of the appealed action.

(2)

Stay of proceedings. An appeal stays all proceedings of the appealed decision, unless the Zoning Administrator certifies with findings of fact that a stay would cause imminent peril to life or property. If so certified, then the proceedings are not stayed unless the board of adjustment or a court of record grants a restraining order on due cause and provides notice to the Zoning Administrator.

(3)

Hearing and notice. The board of adjustment shall fix a time for a hearing of an appeal, give due notice to the parties, and decide the appeal within thirty (30) days. Published and posted notice shall be provided per Section 16-18-9, Public Notice Requirements, not less than fifteen (15) days prior to the hearing.

(4)

Determination. The board of adjustment may amend; reverse or affirm, wholly or partly; or modify an appealed decision with all the powers of the officer whose decision is appealed.

(5)

Written Record. The board of adjustment shall submit a written record of the appeal determination to the Town Clerk within ten (10) working days of the appeal hearing.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)