Mancos City Zoning Code

ARTICLE 19

Zoning and Subdivision Procedures

Sec. 16-19-1.- Zoning development permit.

(a)

Applicability. A zoning development permit is required prior to any and every development (including grading) within the incorporated area of the Town.

(b)

Payment of impact fees and dedications required.

(1)

The issuance of a zoning development permit and agreement to pay street impact fees, where applicable, is required prior to development and the issuance of any further construction or occupancy permits.

(2)

No zoning development permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which all dedication has not been made according to the street plans and standards, as adopted and amended from time to time by the Town.

(3)

Prior to issuance of the zoning development permit, the applicant shall receive approval from the fee administrator for the streets impact fee price for the proposed development and shall sign an agreement on the zoning development permit to pay the approved fee price due prior to the issuance of a building permit.

(c)

Procedures. Procedures for review and decision of a zoning development permit are established in Section 16-18-2, General Procedures.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-2. - Sign permit.

Procedures for review and decision of a sign permit application are established in Section 16-18-2, General Procedures.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-3. - Interpretation.

(a)

Applicability. An interpretation may be requested by any affected person, any resident or real property owner in the Town, or any person with a contractual interest in real property in the Town.

(b)

Procedures. Procedures for an interpretation are established in Section 16-18-2, General Procedures.

(1)

Rendering of interpretation. After the request for interpretation has been determined complete, the Zoning Administrator shall render an interpretation within a reasonable amount of time. The Zoning Administrator may consult with the mayor and the Town Attorney and review this LUC and the official zoning map, if applicable, before rendering an interpretation.

(2)

Form. The interpretation shall be made in writing and shall be sent to the applicant by certified mail.

(3)

Official record. The Zoning Administrator shall maintain an official record of all interpretations in the town hall, which shall be available for public inspection during normal business hours.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-4. - Temporary use permit.

(a)

Applicability. A temporary use permit may be approved only where the use is allowed as a permanent or temporary use in the zone district where the use is located.

(b)

Procedures. Procedures for review and decision of a temporary use permit are established in Section 16-18-2, General Procedures, and this Section.

(c)

Review criteria. Temporary use permit applications shall be processed through the site plan review process. In addition to the site plan review criteria, the Zoning Administrator shall also review temporary use applications for the following:

(1)

Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation;

(2)

Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat); and

(3)

Regulation of maintenance and site restoration during, and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the planning and development director may be required prior to the initiation of the use to ensure cleanup after the use is finished.

(d)

Time limit. A time limit for the duration of a temporary use shall be specified on the permit. If no time limit is specified, then the time limit shall be thirty (30) days from the day on which the temporary use is commenced.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-5. - Special use permit.

(a)

Applicability. A special use permit is required and may be approved where the use is allowed as a special use in the zone district where the use is located. Any change or expansion of a special use shall require a new special use permit.

(b)

Procedures. Procedures for review and decision of a special use permit are established in Section 16-18-2, General Procedures.

(c)

Maximum density. The maximum density allowed by a special use permit shall be no greater than that permitted in the underlying zone district.

(d)

Review criteria. The special use permit application shall comply with following specific criteria:

(1)

The proposed use is consistent with the Mancos Comprehensive Plan;

(2)

The proposed use complies with all applicable provisions of the UDC;

(3)

The proposed use will not have a negative impact on the value of surrounding property or the general neighborhood;

(4)

The location and size of the use, the nature and intensity of the operation involved or conducted in connection with is, and the location of the site with respect to streets giving access to it are such that the condition use will not dominate the immediate neighborhood so as to prevent the development and use of neighborhood property in accordance with the applicable zoning district regulations. In determining whether the use will dominate the immediate neighborhood, consideration shall be given to:

The location, nature, and height of buildings, structures, walls, and fences on the site;

The nature and extend of the proposed landscaping and buffering on the site;

Whether adequate utility, drainage, and other necessary facilities have or will be provided; and

Whether adequate access roads or entrance and exit drives will be provided and shall be designed to prevent traffic hazards and minimize traffic congestion.

(e)

Special use permit recorded.

(1)

The Town Clerk shall record every special use permit decision made under this LUC and maintain a file containing all documents relevant to each application and its disposition.

(2)

Special use approvals for permanent structures run with the land and approvals for uses and mobile structures run with the property owner; to continue an existing approved special use for a use or mobile structure, a subsequent property owner must apply for a new special use permit.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-6. - Administrative adjustment.

(a)

Applicability.

(1)

An administrative adjustment is a modification of an existing numeric dimensional standard of the LUC, such as lot width, depth, coverage, or area; setbacks; and building height or massing; by up to ten percent (10%); in keeping with the public interest; and

(2)

Any application for greater modification of any other standard, or dimensional standard shall be processed under Section 16-19-6.5, Special Exception or Section 16-19-8, Variance.

(b)

Procedures. Procedures for review and decision of an administrative adjustment application are established in Section 16-18-2, General Procedures.

(c)

Decision criteria. To approve an administrative adjustment, the Zoning Administrator shall make and record findings that all of the following provisions are met:

(1)

The proposed use is a permitted use in the underlying zone district;

(2)

There are special circumstances existing on the property for which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and zone district;

(3)

Such unnecessary hardship has not been created by the applicant;

(4)

The administrative adjustment is necessary to permit the applicant the same rights in the use of the property that are enjoyed under this LUC by other properties in the vicinity and zone, but which are denied to the subject property;

(5)

The administrative adjustment will not adversely affect the land use pattern as outlined by the Future Development Plan and will not adversely affect any other feature of the Comprehensive Plan of the Town;

(6)

The administrative adjustment will have no significant adverse impact on the health, safety or general welfare of the surrounding property owners or the general public; and

(7)

The administrative adjustment will not cause injury to the use, enjoyment, or value of property in the vicinity.

(d)

Permitted types of administrative adjustments. The Zoning Administrator may grant up to a ten percent (10%) administrative adjustment to the following dimensional standards that meet the design criteria:

(1)

Minimum lot width,

(2)

Minimum lot area,

(3)

Minimum setbacks,

(4)

Maximum height,

(5)

Maximum lot coverage, and

(6)

Minimum number of parking spaces.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020; Ord. No. 777, § 6, 12-20-2023)

Sec. 16-19-6.5. - Special exceptions.

(a)

Applicability. A special exception is a deviation or modification of the standards of this land use code that exceed what may be allowed as an administrative adjustment. Special exceptions are deviations from otherwise applicable standards where proposed development is:

(1)

Compatible with the surrounding land uses;

(2)

In keeping with the public interest; and

(3)

Consistent with the purposes of this land use code (prior LUC 6.16).

(b)

Procedures. Procedures for review and decision of a special exception are established in Section 16-18-2, general procedures.

(c)

Decision criteria. In exercising its power to grant a special exception in accordance with this land use code, the Planning Commission or the Board of Trustees shall make a finding and show in its minutes that all of the following conditions are met:

(1)

Granting the special exception will ensure the same general level of land use compatibility as the otherwise applicable standards.

(2)

Granting the special exception for a specific property will not adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations.

(3)

A firewall shall be installed on all structures constructed within five (5) feet of a property line, where special exceptions are sought for setbacks.

(4)

Where special exceptions for setbacks are sought in the case of a nonconforming structure, the setback exception must be necessary to permit the logical extension of such nonconforming structure and shall not increase the level of nonconformance.

(5)

There are unusual physical circumstances or conditions, such as exceptional topographical or other conditions peculiar to the affected property, not caused by the applicant or any prior owner.

(6)

The unusual physical circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.

(7)

Because of such unusual physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this land use code.

(8)

Such unnecessary hardship, unusual physical circumstances or conditions have not been created by the applicant or any prior owner.

(9)

The special exception is the minimum special exception that will afford relief and is the least modification possible of the provisions of this land use code which are in question.

(10)

The exception, if granted, will not alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the use or development of adjacent property.

(11)

Granting the special exception will be generally consistent with the purposes of this land use code that are listed in Section 16-1-4.

(12)

The proposed use is a permitted use in the underlying zone district.

(d)

Permitted special exceptions. Issuance of a special exception permit shall authorize only the particular variation which is approved in the special exception permit. A special exception permit shall run with the land and only applies to the following:

(1)

Setback standards.

(2)

Minimum lot area standards (for preexisting lots of record that do not meet current standards).

(3)

Minimum lot width standards (for preexisting lots that do not meet current standards).

(4)

Compatibility standards (Section 16-10-2(c)).

(Ord. No. 777, § 7, 12-20-2023)

Sec. 16-19-7. - Site plan review.

(a)

Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of the LUC. It is designed to encourage quality development reflective of the goals, strategies, and actions of the Mancos comprehensive plan.

(b)

Applicability.

(1)

When site plan review is required, as identified below, structures and uses may be established, and building permits may be issued only after a site plan showing the proposed development has been approved in accordance with the procedures and requirements of this Section.

(2)

Preliminary Planned Development ("PD") review and approval serves as site plan review for the purposes of this Section.

(c)

Site plan review required. The following applications and projects are subject to site plan approval:

(1)

All new uses and structures that are not part of a preliminary PUD application or preliminary subdivision plat;

(2)

All requests for temporary uses and structures;

(3)

Any proposed redevelopment that meets or exceeds ten percent (10%) increase in gross square footage, or fifty percent (50%) increase in assessed valuation, with either measurement calculated over a five-year period.

(4)

Relocation of development pads, buildings, or dwelling units for some practical reasons such as topography, road alignment or easements provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design, and other similar components of the development plans;

(5)

An increase or decrease in a proposed setback, provided LUC requirements are still met;

(6)

A modification to a recreation area or open space design, but not elimination or more than a ten percent (10%) reduction;

(7)

A change in the parking lot layout or vehicular circulation;

(8)

A change in the landscape design or a change of more than twenty percent (20%) of plant types;

(9)

Any change that may affect an adjoining residential neighborhood;

(10)

Any request that would significantly alter the design of the site or building(s); or

(11)

A request to change or delete a condition of approval established by the PC or the Board.

(d)

Procedure for site plan review.

(1)

Action by the Zoning Administrator. The Zoning Administrator shall review each site plan application and, as necessary, distribute the application to other departments. Taking into account the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, deny, or defer decision on the application based on the applicable approval criteria below.

(2)

Approval criteria. The Zoning Administrator may approve a site plan upon a finding that the application meets all of the following criteria, as applicable:

The site plan is consistent with the Mancos comprehensive plan;

The site plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

The site plan complies with all applicable development and design standards set forth in this LUC;

Any significant adverse impacts reasonably anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

The development proposed in the plan and its general location is, or will be, compatible with the character of surrounding land uses and structures; and

The development can be adequately served by Town services including, but not limited to, roads, water, and wastewater.

(3)

Referral to Planning Commission. The Zoning Administrator may refer any application to the PC that, in the Zoning Administrator's opinion, presents issues that require PC attention.

(e)

Expedited review of affordable housing applications. Projects in which at least twenty percent (20%) of proposed residential units will be provided as deed restricted affordable housing at eighty percent (80%) of the AMI shall be processed immediately upon a determination of completeness. This may include, at the Zoning Administrator's discretion and based on the number of applications in process, Town review and determination prior to applications that were submitted prior to an application including affordable housing.

(f)

Post-approval.

(1)

Site-specific and binding. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building, structure, or use that is not in accord with the approved documents, or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use, or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved.

(2)

Expiration. Approved site plan documents shall expire one (1) year after approval if a building permit has not been issued, or the approved use established. In the event that the documents expire due to the passage of this time period, new site plan review documents must be submitted for approval in the same manner as an original application for development review. An extension not to exceed one (1) year may be granted by the Zoning Administrator.

(3)

Modifications to site plans. The holder of an approved site plan may request a modification to the document, or the conditions of approval, by submitting amended documents to the Zoning Administrator. The amended documents shall be filed and processed in accordance with the procedures for an initial site plan submittal.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 779, § 6, 5-22-2024)

Sec. 16-19-8. - Variance.

(a)

Applicability. A variance is a deviation or modification of the standards of this LUC that exceeds what may be allowed as an administrative adjustment or special exception. A variation may be approved only where, due to special physical site conditions, a literal enforcement of the provisions of this LUC would result in unnecessary hardship such that the parcel cannot be appropriately developed.

(b)

Procedure. Procedures for review and decision of a variance are established in Section 16-18-2, General Procedures, and this Section.

(c)

Decision criteria. To approve a variance, the board of adjustment shall make and record findings that all of the following provisions are met:

(1)

The proposed use is a permitted use in the underlying zone district.

(2)

(3)

Such unnecessary hardship has not been created by the applicant;

(4)

The variance is necessary to permit the applicant the same rights in the use of the property that are enjoyed under this LUC by other properties in the vicinity and zone, but which are denied to the subject property;

(5)

The variance will not adversely affect the land use pattern as outlined by the Future Development Plan and will not adversely affect any other feature of the Comprehensive Plan of the Town;

(6)

The variance will have no significant adverse impact on the health, safety or general welfare of the surrounding property owners or the general public; and

(7)

The variance will not cause injury to the use, enjoyment, or value of property in the vicinity.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-9. - Minor subdivision plat.

(a)

Applicability. Minor subdivision plats, condominium conversions, and amendments to previously approved final plats shall be decided under this minor subdivision plat procedure.

(1)

Minor plats. A minor subdivision plat conforms to all the following:

No streets, roads, extensions or access easements need to be widened, dedicated or developed per Article 14, Subdivision Standards.

All utilities other than individual service lines that are needed to serve the resulting lots are in place immediately adjacent to each lot.

The resulting lots shall comply with all applicable requirements of this LUC.

There are no other problems of public concern.

(2)

Plat amendments. An amendment of a previously approved final plat, or "replat," is reviewed and decided as a minor subdivision when it conforms to the following criteria:

The replat does not remove any covenants or restrictions or increase the number of lots.

The purpose of the amendment is to correct an error in any course or distance shown on the prior plat.

The purpose of the amendment is to add any course or distance that was omitted on the prior plat.

The purpose of the amendment is to correct an error in the description of the real property shown on the prior plat.

The purpose of the amendment is to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor responsible for setting the monuments.

The purpose of the amendment is to show the proper location or character of any monument that has been changed in location or character or that originally was shown at the wrong location or incorrectly as to its character on the prior plat.

The purpose of the amendment is to correct any other type of clerical error or omission in the previously approved plat.

The purpose of the amendment is to correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not have a material adverse effect on the property rights of the owners in the plat.

The purpose of the amendment is to relocate a lot line to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement.

The purpose of the amendment is to relocate or vacate one (1) or more lot lines between one (1) or more adjacent lots where the owners of all such lots join in the application for the plat amendment.

(3)

Condominium conversions. Condominium conversion is reviewed and decided as a minor subdivision, regardless of the number of units proposed for conversion, provided that it conforms to the off-street parking requirements for the underlying zone district in Section 16-8, Parking, Loading, and Access Drives. Each residential condominium unit shall be considered a separate dwelling unit for purposes of determining parking compliance.

(4)

Along with copies of the plat, the applicant shall also include one (1) copy of a current title certificate from a licensed title company or attorney listing the names of the property owners and all liens, easements and judgments of record affecting the subject property, and of the preliminary plat. Such plat shall be accompanied by or show the following information:

Boundary lines and bearings. Boundary lines, bearings and distances sufficient to locate the exact area proposed for subdivision. At least one (1) subdivision comer shall be referenced to a survey (abstract) comer. The area, in acres, of the subdivision shall also be shown.

Adjacent subdivisions. The name and location of a portion of adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivisions in sufficient detail to show the existing streets and alleys and other features that may influence the layout and development of the proposed subdivisions. Where adjacent land is not subdivided, the name of the owner of the adjacent tract shall be shown.

Intersecting streets. The angle of intersection of the centerline of all intersecting streets.

Proposed streets, alleys and easements. The names, locations and widths of all streets, alleys and easements proposed for the subdivision and all known rights-of-way and/or easements within or affecting the area to be subdivided.

Proposed blocks, lots and parks. The subdivision shall show all proposed streets, alleys, easements, blocks, lots, parks, etc., with their respective principal dimensions.

Contours. Topographic contours at five-foot intervals and all easements or rights-of-way necessary for drainage within or outside the boundaries of the addition.

Subdivision title and engineer. The title under which the proposed subdivision is to be recorded, the name of the owner and the name of the engineer or land planner who prepared the plat.

Dedicated parks, playgrounds and other public uses. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.

Scale, north point, date and other pertinent data. The scale of the preliminary plat may be at one (1) inch equals twenty (20) feet.

Name, address and telephone number. The property owner's name, address and telephone number, along with any lienholder information.

Proposed layout of utilities. A proposed preliminary layout of sanitary sewer and water lines to serve the subdivision.

Drainage report. A general drainage report or drainage statement shall accompany the preliminary plat. This study or report shall show the acreage draining into the subdivision and points of runoff through and away from the subdivision.

Protective covenants. A reception number or draft of any protective covenants where the subdivider proposes to regulate land use or development standards in the subdivision.

Proposed land uses. A designation of the proposed uses of land within the subdivision and any zoning amendments requested.

Vicinity map. A vicinity map on a smaller scale showing the proposed subdivision and its relationship to the surrounding area and Town limits.

(b)

Procedures. Procedures for review and decision of minor subdivision plats are established in Section 16-18-2, General Procedures, and this Section.

(1)

Pre-application meeting. A pre-application meeting is required.

(2)

Referral agencies and departments. Required referral agencies and departments for a minor subdivision are as follows:

Public works director,

Electric power association,

School district, and

Fire protection district.

(3)

Notification. Notification is not required for meetings or hearings for a minor subdivision plat procedure, except that owners of properties proposed for condominium conversion shall notify all residential tenants in writing of the conversion at least ninety (90) days prior to termination of any residential tenancy in accordance with Section 38-33-112, C.R.S. Copies of such notification shall be filed with the Town Clerk as proof of notification.

(4)

Expedited Review of Affordable Housing Applications. Projects in which at least twenty (20) percent of proposed residential units will be provided as deed restricted affordable housing at eighty (80 percent of the AMI be processed immediately upon a determination of completeness. This may include, at the Zoning Administrator's discretion and based on the number of application in process, Town review and determination prior to applications that were submitted prior to an application including affordable housing.

(5)

Approval condition for condominium conversion. A minimum one-hour firewall may be required between units as a condition of Town approval of any condominium plat involving a condominium conversion.

(6)

Recording and filing.

The Board's approval of the minor subdivision plat shall be evidenced by the execution of the Board's certificate of approval on the plat. No additions, corrections or modifications of any kind shall be made to the minor subdivision plat, other than to meet conditions of approval and affixing required signatures.

The developer shall pay all fees to the Town including recording, review fees, and cash in lieu of public land dedication.

The developer shall file the minor subdivision plat in the plat records of the county.

(7)

Expiration on failure to record. If the minor subdivision plat is not recorded within ninety (90) days of the Board executed approval, the approval shall be void.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 779, §§ 7, 8, 5-22-2024)

Sec. 16-19-10. - Major subdivision plat.

(a)

Applicability. A subdivision plat establishes parcels, lot lines, rights-of-way, utilities, and dedications of land. Every subdivision, including a condominium subdivision, shall be considered and decided under the procedures of this Section, unless it conforms to the applicability provisions for a minor plat procedure of Section 16-19-9, Minor Subdivision Plat.

(a.1)

All preliminary and final plat submittals require the following:

Along with copies of the preliminary plat, the applicant shall also include one (1) copy of a current title certificate from a licensed title company or attorney listing the names of the property owners and all liens, easements and judgments of record affecting the subject property, and of the preliminary plat. Such plat shall be accompanied by or show the following information:

(1)

(2)

(3)

Intersecting streets. The angle of intersection of the centerline of all intersecting streets.

(4)

(5)

Proposed blocks, lots and parks. The subdivision shall show all proposed streets, alleys, easements, blocks, lots, parks, etc., with their respective principal dimensions.

(6)

Contours. Topographic contours at five-foot intervals and all easements or rights-of-way necessary for drainage within or outside the boundaries of the addition.

(7)

Subdivision title and engineer. The title under which the proposed subdivision is to be recorded, the name of the owner and the name of the engineer or land planner who prepared the plat.

(8)

Dedicated parks, playgrounds and other public uses. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.

(9)

Scale, north point, date and other pertinent data. The scale of the preliminary plat may be at one (1) inch equals twenty (20) feet.

(10)

Name, address and telephone number. The property owner's name, address and telephone number, along with any lienholder information.

(11)

Proposed layout of utilities. A proposed preliminary layout of sanitary sewer and water lines to serve the subdivision.

(12)

(13)

Protective covenants. A draft of any protective covenants where the subdivider proposes to regulate land use or development standards in the subdivision.

(14)

Proposed land uses. A designation of the proposed uses of land within the subdivision and any zoning amendments requested.

(15)

Vicinity map. A vicinity map on a smaller scale showing the proposed subdivision and its relationship to the surrounding area and Town limits.

(b)

Preliminary plat procedures. Procedures for review and decision of a preliminary plat are established in Section 16-18-2, General Procedures, and this Section.

(1)

Pre-application meeting. A pre-application meeting is required for a preliminary plat.

(2)

Referral agencies and departments. Required referral agencies and departments for a preliminary subdivision plat are as follows:

Public works director,

Town engineer,

Town attorney,

Parks and recreation director,

Town marshal,

Natural gas provider,

Telephone provider,

Fire protection district,

Water conservancy district,

Division of water resources,

Electric power association, and

School district.

(c)

Expedited review of affordable housing applications. Projects in which at least twenty (20) percent of proposed residential units will be provided as deed restricted affordable housing at eighty 80 percent of the AMI shall be processed immediately upon a determination of completeness. This may include, at the Zoning Administrator's discretion and based on the number of application in process, Town review and determination prior to applications that were submitted prior to an application including affordable housing.

(d)

Decision criteria for condominium subdivisions.

(1)

Condominium subdivisions shall comply with the subdivision standards of Article 14, Subdivision Standards, and the following supplemental criteria:

The density of the development shall not be greater than the maximum density allowed by the underlying zone district.

If the condominium subdivision will increase the total number of dwelling units on the parcel or lot, the traffic impacts of the proposed condominium subdivision shall be evaluated and any impacts to the neighborhood must be mitigated.

Each individual condominium unit shall have separate utility service, including individual meters and shut-off valves.

(2)

Any subsequent change in the approved uses for a condominium subdivision shall be subject to the same review procedures as would be applied to a new condominium subdivision.

(3)

Notwithstanding anything in this LUC to the contrary, no requirement for public improvements, dedication of land to public use or cash-in-lieu or other subdivision requirement shall be imposed as a condition of approval for a condominium subdivision or common-interest community, which would not be imposed upon a physically identical development under a different form of ownership.

(e)

Final plat procedures. Procedures for review and decision of a final plat are established in Section 16-18-2, General Procedures, and this Section.

(1)

Filing date.

The applicant shall submit for approval the final plat within twelve (12) months of the approval of the preliminary plat.

The planning commission may grant an extension of up to one (1) additional year.

(2)

Conformance with preliminary plat. The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the applicant, it may constitute only that portion of the approved preliminary plat that he proposes to record and develop at the time; provided however, that such portion conforms to all requirements of these regulations.

(3)

Construction plans. The applicant shall submit construction plans to the Zoning Administrator and Public Works Director. The Public Works Director shall review the plans and submit to the planning commission a staff report for the final plat public hearing. The developer shall pay the construction plans review fee prior to final plat approval.

(4)

Review in stages. An applicant may obtain final plat approval of a portion or a section of previously approved preliminary plat in the same manner as is required for a complete final plat. Each final plat section is to carry the name of the entire subdivision, but is to bear a distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even where final plat approval occurs in phases.

(5)

Recording and filing.

The Board's approval of the subdivision plat shall be evidenced by the execution of the Board's certificate of approval on the plat. No additions, corrections or modifications of any kind shall be made to the minor subdivision plat, other than to meet conditions of approval and affixing required signatures.

The developer shall pay all fees to the Town, including recording, review fees, and cash in lieu of public land dedication.

The developer shall record the final plat in the Montezuma County Clerk and Recorder's Office.

(6)

Improvements agreement. Prior to the issuance of a building permit and the recording of a final plat, an applicant shall submit for approval to the Board an improvements agreement for construction of any required public improvements designated on the final plat.

(7)

Performance guarantee.

Prior to the issuance of any building permit, the Board shall require an applicant to file a financial guarantee in order to ensure compliance with any or all requirements of the Board stipulated in the improvements agreement and the final plat.

The financial guarantee, in the judgment of the Board, shall be sufficient to make reasonable provision for completion of the improvements in accordance with design and time specifications.

Ordinarily, an irrevocable letter of credit to the Board from a commercial bank, savings and loan institution, insurance company or other qualified lending institution licensed or authorized to do business in the state in a form satisfactory to the mayor shall be required.

Nothing in this Section shall preclude the Board from approving other forms of financial security.

(8)

Release of collateral.

As public improvements are made, an applicant may apply to the Board for release of part or all of the collateral deposited with the Board.

Upon inspection and approval, the Board shall release collateral, provided that, in the event a combination of forms of collateral has been accepted, the Board shall release collateral on a priority basis it deems appropriate.

If the Board determines that any of the required improvements are not constructed in substantial compliance with specifications, it shall furnish to the applicant a list of specifications and shall be entitled to withhold collateral sufficient to ensure substantial compliance.

If the Board determines that the applicant will not construct any or all of the improvements in accordance with all of the specifications, the Board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications.

(9)

Form of agreement. All improvement agreements shall utilize the standard town template for the format and content of such agreements. The template may be obtained from the Town Clerk.

(10)

Plan resubmittal. If construction has not commenced within one (1) year after approval of the plans, resubmittal of plans may be required by the Public Works Director for meeting current standards and engineering requirements. These plans will be reviewed, and comments noted within fifteen (15) working days after submittal. A fee, as provided for in the fee schedule adopted by resolution of the Board, is required upon the resubmittal of plans for review. Construction shall mean the start or commencement of construction of Town-maintained facilities.

(11)

Expiration and extension of approval. If the public improvements for a subdivision have not been constructed and accepted by the Town, and the corresponding final plat for the subdivision not recorded within thirty-six (36) months from the date of final plat approval by the Town, the final plat shall be null and void and shall conclusively be deemed to be withdrawn, without further action by the Town; provided however, that this provision shall not apply to final plats approved by the Town prior to the adoption of this LUC. If the public improvements for a subdivision that was approved prior to the adoption have not been constructed and accepted by the Town, and the corresponding final plat for the subdivision filed in the map and plat records of the County within thirty-six (36) months of the original adoption of the LUC, the final plat shall be null and void and shall conclusively be deemed to be withdrawn without further action by the Town. An approved, unexpired final subdivision plat may be extended once for a period not to exceed thirty-six (36) months, pursuant to the following provisions:

The Board may extend the approval of the final plat, for good cause shown by the applicant, if there has been no significant change in development conditions affecting the subdivision plan and the plat continues to comply with all applicable standards and ordinances.

A request for an extension of time to complete final public improvements for a subdivision pursuant to these provisions shall be submitted to the Zoning Administrator no later than the date the final subdivision plat expires. The request shall be inwriting, and the application shall state the reason and justification for the requested extension.

(12)

Inspection.

The Public Works Director shall be notified three (3) days before any construction is begun on such public improvements in order that proper supervision and inspection may be provided. All construction work, such as street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the owner, developer or contractor, shall be subject to inspection during construction by the proper authorities of the Town and shall be constructed in accordance with the standard specifications approved by the Board and in accordance with any other provisions of this Code applicable thereto.

Prior to the acceptance of a subdivision by the Town, the subdivider shall reimburse the Town for all design review and inspection costs incurred by the Town for design review and inspection of the water and sewer utilities, drainage facilities, streets, and other public improvements in each subdivision.

(13)

Review procedures for as-built plats.

The Zoning Administrator shall review as-built plats within fifteen (15) days of the submittal of the plat. If the Zoning Administrator is satisfied that the proper dedications have been made and that the plat accurately depicts the completion of the improvements in a manner that is substantially consistent with the approved final plat, the Zoning Administrator shall present the as-built plat to the mayor for signature and shall cause the as-built plat and other appropriate documents to be filed of record by the developer in the plat records of the County.

As-built plats for condominium subdivisions shall accurately depict the location of all completed improvements, and such improvements shall be substantially consistent with the improvements shown on the approved final plat.

(f)

Final plat decision criteria. When deciding a final plat, the Board shall consider the:

(1)

Dedication of rights-of-way for public use;

(2)

Construction of utilities, streets, drainage and other improvements;

(3)

Status of conditions established by the preliminary plat approval;

(4)

Status of all fees paid to the Town; and

(5)

Proof of school land dedication or a payment of a cash-in-lieu fee to the Mancos School District as determined by the Mancos School District, and, when satisfied with the proposals, shall authorize the establishment of agreements for such proposals.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020; Ord. No. 779, §§ 9, 10, 5-22-2024)

Sec. 16-19-11. - Cluster development subdivision.

(a)

Pre-application meeting. Prior to submittal of a cluster development subdivision application, the applicant shall meet with the Zoning Administrator for a pre-application meeting to discuss the preparation of a site analysis map and to schedule a site visit, as described herein.

(b)

Preliminary site analysis map. After the pre-application meeting, but prior to submittal of the cluster development subdivision application, the applicant shall prepare and submit a preliminary site analysis map that provides information about existing site conditions and context, and that comprehensively analyzes existing conditions both on the proposed subdivision property and on all lands within one thousand five hundred (1,500) feet of the subject property's boundaries. The site analysis map scale shall be in accordance with standards for a preliminary plat and the map shall contain the information listed in the subsections below.

(1)

Natural and constructed features. The site analysis map shall show the relationship of the property to natural and constructed features located on the property and within one thousand five hundred (1,500) feet of its boundaries. The features to be shown include:

Public roads and trails;

Utility easements and rights-of-way, as filed with the county;

Constructed features, including but not limited to driveways, farm roads, buildings, foundations, walls and fences, wells, drainage fields, ditches, dumps, and utilities;

Topography (from United States Geological Survey (USGS) maps) as required for preliminary plats, including steep slopes (thirty percent (30%) or greater);

Streams, rivers, waterbodies, and wetlands, and required setbacks as defined in this Chapter;

Base flood areas;

Wildlife habitat protection areas identified by Colorado Parks and Wildlife (CPW);

Soils as mapped by the United States Department of Agriculture (USDA) Natural Resources Conservation Service;

Public lands, both state and federal;

Lands protected under conservation easements; and

Historically and culturally significant sites or structures.

(2)

Proposed conservation area. The site analysis map shall depict the proposed or potential conservation area(s) (including total calculated conservation area and its percentage of the total subdivision) based on the natural features to be protected and to achieve the minimum amount of land to be conserved as identified in this Section. The preliminary site analysis shall also identify the applicant's approach to conservation area(s) long-term maintenance.

(3)

Potential buildable areas. The site analysis map shall delineate the potential buildable areas (including total calculated conservation area and its percentage of the total subdivision) as a last step, following delineation of the natural and constructed features and potential conservation area(s).

(c)

Site visit. After the applicant creates a preliminary site analysis map, and prior to submission of the concept plan and complete application, the applicant shall schedule a site visit to the property with the Zoning Administrator. The Zoning Administrator may invite other relevant local, state, or federal agencies (e.g., town engineer, Montezuma Land Conservancy, CPW) to attend the site visit. The purpose of the site visit is to:

(1)

Familiarize staff with the property's existing conditions and special features,

(2)

Identify potential site development issues,

(3)

Provide an opportunity to discuss design concepts, including the general location and layout of the conservation area(s), the potential locations for proposed buildable areas, parcels, and building envelopes within parcels (as applicable), and the potential locations for utilities, roads, and other development features, and

(4)

Comments made by staff during the site visit are not binding in any way and shall be interpreted as suggestions only. No official decisions shall be made during the site visit.

(d)

Concept plan. After the pre-application meeting and site visit, the applicant shall submit the site analysis map, and a concept plan, and proposed conservation area(s) maintenance plan to the Zoning Administrator for review and comment.

(e)

Complete application. Following receipt of the written comments on the concept plan from the Zoning Administrator, the applicant shall submit a complete subdivision application for a cluster development subdivision. The subdivision review and approval process shall follow the requirements of Section 16-19-10, Major Subdivision approval.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-12. - Rezoning (zoning map amendment).

(a)

Applicability.

(1)

A zoning map amendment is required for a change in the boundary of a zoning district, or the assignment of a parcel to different zoning district.

(2)

Corrections of drafting and clerical errors or omissions are not map amendments and may be made by the Town Clerk without a map amendment procedure.

(b)

Procedures. Procedures for review and decision of a zoning map amendment are as established in Section 16-18-2, General Procedures, and this Section.

(1)

Notice. Published, posted, and mailed notice are required as established in Section 16-18-9, Public Notice Requirements; except that the mailed and posted notice requirements shall be waived when the zoning map amendment is incidental to or part of a general revision of this LUC.

(2)

Protest. As set forth in Section 31-23-305, C.R.S., a two-thirds vote of all members of the Board shall be required in favor of a zoning map amendment where there has been filed a protest with the Town Clerk at least twenty-four (24) hours prior to the governing body's vote on the amendment where such protest is signed by owners of twenty percent (20%) or more of the area of land which is subject to the proposed change or twenty percent (20%) or more of the area of land extending a radius of one hundred (100) feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys.

(c)

Decision criteria. When recommending and deciding a zoning map amendment, the planning commission and Board shall determine the following:

(1)

Was the existing zone for the property adopted in error?

(2)

Has there been a change of character in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.)?

(3)

Is there a need for the proposed use within the area or community?

(4)

Are the proposed uses compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be adequately mitigated?

(5)

Will there be benefits derived by the community or area by granting the proposed rezoning?

(6)

Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone. If utilities are not available, could they be reasonably extended. Is the applicant willing to pay for the extension of public facilities and services necessary to serve the proposed development?

(7)

Is the proposal in conformance with the policies, intents and requirements of the Comprehensive Plan and the Future Development Plan?

(8)

Does the proposed change constitute spot zoning, defined as: The process of: (a) singling out a small parcel of land for a use classification totally different from that of the surrounding area, that is (b) inconsistent with the comprehensive plan, and (c) is done for the benefit of the owner of such property and to the detriment of other owners.

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

Sec. 16-19-13. - Planned unit development.

(a)

Procedures for approval.

(1)

Every PUD district approved under the provisions of this Land Use Code shall follow the rezoning procedure of Section 16-19-12 and be considered an amendment to the zoning map.

(2)

In approving the PUD district, the Board of Trustees may impose conditions relative to the standard of development, and such conditions shall be complied with before a zoning development permit is issued for the use of the land or any structure that is part of the PUD district.

(3)

All PUD districts approved in accordance with the provisions of this Land Use Code shall be referenced on the official zoning map.

(b)

Site plan requirement. The establishment of a PUD district shall require a comprehensive site plan of the development. The site plan shall be approved as part of the ordinance approving a PUD prior to the issuance of any zoning development permit in the PUD. The site plan shall set forth the requirements for ingress and egress to the property with adequate rights-of-way, special setbacks, sidewalks, trails, utilities, drainage, parking spaces, building height, maximum lot coverage, common open space, screening or fencing, landscaping and other development and protective requirements, including a plan for the maintenance of common open space.

(c)

Permitted variations from the underlying zone district.

(1)

In order to achieve the purpose and intent of the PUD, variation may be permitted with respect to the minimum lot area, setbacks, lot width, lot coverage and height, provided that the overall project shall not exceed the allowable gross density in the zone district in which the PUD (excluding public and private rights-of-way) is permitted. Density may be further reduced by the provisions of this Section, as appropriate.

(2)

The special use, permitted, accessory, and temporary uses allowed shall be those of the underlying zone district.

(3)

The maximum density shall be no greater than that permitted in the underlying zone district prior to PUD approval.

(d)

Common open space. The minimum common open space shall be thirty percent (30%) of the land area in the PUD; provided, however, that at least one-half (½) of the required common open space shall be usable for recreational purposes, trails and all areas in a PUD that are impacted by geologic hazards, flood hazards or the presence of historic or prehistoric sites shall be set aside as common open space for the benefit of the residents and occupants of the PUD.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-14. - Land Use Code text amendments.

(a)

Applicability. Any person having a proprietary interest in any property may submit an application to the Board for a change or amendment to the provisions of this LUC, or the planning commission may, on its own motion or on request from the Board, institute a study and proposal for changes and amendments in the public interest.

(b)

Procedures. Procedures for review and decision of land use code text amendments are as established in Section 16-18-2, General Procedures, and this Section.

(1)

Notice. Published, posted, and mailed notice are required as established in Section 16-18-9, Public Notice Requirements; except that the mailed and posted notice requirements shall be waived when the code text amendment relates to a change of a regulation or to the text of this LUC that does not affect specific property.

(c)

Decision criteria. When recommending and deciding a code text amendment, the planning commission and Board shall consider the following criteria:

(1)

Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text designations were established;

(2)

Whether the proposed amendment is consistent with the Mancos comprehensive plan or other applicable Town plans and policy guides;

(3)

Whether the proposed amendment is consistent with the purpose and intent of this LUC;

(4)

Whether the proposed amendment will result in a logical and orderly development pattern; and

(5)

Whether the proposed amendment is in the best interests of the Town as a whole.

(Ord. No. 751, § 1, 11-13-2019)

Sec. 16-19-15. - Comprehensive plan update.

(a)

Applicability. The planning commission may, on its own motion or on request from the Board, institute a study and proposal for changes, amendments, or updates to the comprehensive plan that are in the public interest.

(b)

Procedures. Procedures for review and decision of a comprehensive plan update are established in Section 16-18-2, General Procedures.

(c)

Decision criteria. The application for plan amendment shall be considered against the following criteria:

(1)

The existing plan and/or any related element of the plan is in need of the proposed amendment;

(2)

The proposed amendment is compatible with the surrounding area and the goals and policies of the plan;

(3)

The proposed amendment will have no major impact of transportation services and facilities;

(4)

The proposed amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision;

(5)

The proposed amendment is consistent with the Town's ability to annex the property (if applicable);

(6)

The proposed amendment is consistent with the logical expansion of services (if applicable);

(7)

Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; and

(8)

The proposed plan amendment will promote the public welfare.

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

Sec. 16-19-16. - Vested property rights.

(a)

Generally.

(1)

Following the provisions of Title 24, Article 68, C.R.S., a property right shall be deemed vested with respect to any property, following notice and public hearing, when required, upon the approval or conditional approval of a final plat by the Board.

(2)

A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the approval.

(3)

The Board may approve a subdivision plat or grant other final approval upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.

(b)

Term.

(1)

A property right that has been vested as provided in Section 16-19-16(a)(1), above, shall remain vested for a period of three (3) years. However, the Board may enter into development agreements with land owners specifying that property rights shall be vested for a period exceeding three (3) years when warranted considering all relevant circumstances, including but not limited to the size and phasing of development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(2)

Issuance of a building permit or a development permit shall guarantee vested rights to use the property in compliance with the terms and conditions of the final plat, although failure to comply with such terms and conditions shall result in forfeiture of vested property rights.

(3)

Should no building permit or development permit be issued within said three (3) years, the plan shall be terminated and the vested property right shall automatically expire.

(c)

Extension.

(1)

The affected landowner may request that the Board grant an extension of the final plat for up to three (3) years, provided that:

A written request for an extension is submitted by the affected landowner no less than sixty (60) days prior to the date of termination of the vested property right;

There is no conflict with this LUC, or any conflict may be corrected by an amendment to the final plat, which shall be presented with the request for extension;

The applicant has demonstrated that the final plat continues to be compatible with adjacent properties and the surrounding area or that compatibility may be established by an amendment to the final plat, which shall be presented with the request for extension; and

The applicant has demonstrated that the final plat is consistent with the Comprehensive Plan.

(2)

Such extension request shall be considered by the Board in a public hearing, notice of which shall be published not less than thirty (30) days prior to such hearing in a newspaper of general circulation within the county.

(3)

Such extension, if granted, shall be valid only for the period approved by the Board.

(d)

Further review. Following approval or conditional approval of a subdivision plat or other final approval, nothing in this Section shall exempt such a plan or plat from subsequent reviews and approvals, including but not limited to construction drawings, drainage plans, building permits, and certificates of occupancy to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with said original approval.

(e)

New regulations. The establishment of a vested property right shall not preclude the application of land use regulations which are general in nature and are applicable to all property subject to land use regulation by the Town, including but not limited to building, fire, plumbing, electrical, mechanical codes, and other public health, safety, and welfare codes.

(f)

Natural or man-made hazards. A vested property right shall automatically terminate upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property which could not reasonably have been discovered at the time of site-specific development plan approval, and which, if uncorrected, would pose a serious threat to the public health, safety, and welfare.

(g)

Public improvements. The vested property rights provided herein shall in no way diminish or alter the requirement for public improvements, or other requirements, as provided in Town regulations.

(h)

Effective date of final plat approval. The effective date of the approval of a final plat shall be the date of approval or grant by the Board. In the event amendments to a final plat are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of approval or granting of the original final plat, unless the Board finds to the contrary and incorporates such finding in its approval of the amendment.

(i)

Vested rights language. Each final plat shall contain the following language: "Approval of this plan may create a vested property right pursuant to Title 24, Chapter 68, C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved and the specific parcel of property affected and stating that a vested property right has been created shall be published once, not more than 14 days after approval of the final plat, in a newspaper of general circulation within the county.

(j)

Other town regulations. Approval of a final plat shall not constitute an exemption from or waiver of any other provisions of the Town's regulations pertaining to the development and use of property.