18.06.1.1

Purpose.

A.

This Chapter describes the review procedures for land use applications and development activity in Manitou Springs (The City). This chapter ensures consistency and efficiency of the administration of the City's land use regulations.

18.06.1.2

Organization.

A.

This chapter is organized into the following sections:

18.06.1 - Purpose and Organization

18.06.2 - Procedure Table

18.06.3 - General Application Procedures

18.06.4 - Specific Application Procedures

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

The following table summarizes the major review procedures for land use applications in the Manitou Springs. Not all procedures addressed in this chapter are summarized in this table (see subsequent sections of this chapter for additional details on each procedure).

^[1] If a subdivision waiver is requested for an administrative review plat, then the review authority shall be referred to the City Planning Commission.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

The general application procedures in this Section provide a foundation for the specific review and approval procedures in Section 18.06.4. See Section 18.06.4 to determine which of these general application procedures apply to an individual application for development review.

18.06.3.1

Planning Permission.

A.

Planning permission. Planning Permission shall be obtained from the City of Manitou Springs prior to beginning any developmentactivities. The specific type of planning permission and procedures for such permissions shall be pursuant to the specific applications in subsequent chapters of this LUDC and in Chapter 5, Subdivision Regulations.

18.06.3.2

Pre-application meetings.

A.

Purpose. The purpose of a pre-application meeting is to provide an opportunity for informal evaluation of the applicant's proposal and to familiarize the applicant and City staff with the applicable provisions of this LUDC, the Comprehensive Plan, infrastructure requirements, and any other issues that may affect the applicant's proposal.

B.

Applicability. A pre-application meeting is required for all application types per Table 18.06.2-1 unless waived by the Planning Director. These types of applications shall not be accepted until after the pre-application conference is completed. The meeting should take place prior to any substantial investment, such as land acquisition for a proposed development, site and engineering design, or the preparation of other data.

C.

Optional for all other applications. A pre-application meeting is optional, upon the request of either the applicant or the Planning Director, prior to submission of any other application under this LUDC not listed within the Procedures Table 18.06.2-1.

18.06.3.3

Neighborhood Meeting.

A.

Purpose. The purpose of a neighborhood meeting is to provide the applicant with an informal opportunity to discuss the application with residents and landowners of the surrounding neighborhood(s) where the applicant can provide details of the proposed development, how they intend to meet the standards of this LUDC, and to encourage dialogue at an early stage in the review process. No decision regarding the application will be made at the neighborhood meeting.

B.

Applicability. Neighborhood meetings may be required with any application type, and whether a neighborhood meeting is required before an application's submittal shall be determined in the pre-application meeting. A neighborhood meeting may be deemed necessary and held at any point in the development review process.

C.

Notice of neighborhood meeting. An applicant holding a neighborhood meeting is required to provide mailed and posted notice of the meeting in the same manner that would be required for an application's submittal and/or public hearings as indicated in Section 18.6.3.7 (Public Notice).

D.

Attendance at neighborhood meeting. The applicant is responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. Meetings shall be in-person with the option for an optional additional online format.

E.

Time and Location. Neighborhood meetings shall be held during the regular business week and no earlier than 5:30 p.m. An alternative may be approved by the Planning Director for good cause. The neighborhood meeting shall take place at a location that that is accessible to persons with disabilities within the City of Manitou Springs.

F.

Summary of neighborhood meeting. If a neighborhood meeting is held, the applicant shall designate a moderator to provide a written summary of the meeting for the associated application. The written summary shall be included in the complete application submittal.

18.06.3.4

Application Submittal Requirements.

A.

Purpose. Describe general requirements for a submittal. Specific requirements may vary by the specific application type pursuant to Section 18.06.4 of this LUDC.

B.

Applicability. These requirements shall be applicable to all planning submittals unless otherwise noted within this LUDC.

C.

Procedure.

1.

Electronic submission of the completed application form and accompanying information are required unless otherwise waived by the Planning Director.

2.

Submittal deadlines are per the schedule published by the Planning Department.

D.

Submittal Materials.

1.

Application. An application for planning permission shall be made on forms provided by the Planning Department.

2.

Fees. Each application shall be accompanied by the corresponding fee as established in the City Fee Schedule as adopted by resolution of the City Council.

3.

Checklist. A submittal checklist as provided for each application type shall accompany each submission unless otherwise noted. The checklist includes the various relevant documents that are to be included with the submittal and indicates the minimum requirements for each document.

4.

Letter of Intent. A letter of intent meeting the specifications of the checklist for the corresponding application type is required.

E.

Application Fees. Purpose. In order to help the City recover the cost of processing and reviewing submittals the City Council has adopted a Fee Schedule for various submission types.

F.

Applicability. All applications require an associated fee at the time of application unless otherwise specified herein. Any property owner submitting a land development application shall be responsible for paying all costs and fees incurred by the City in reviewing and processing such application, including, but not limited to: attorney fees; engineering fees; surveying fees; consulting fees; recording fees; and legal publications and notice expenses.

G.

Refunds. All fees assessed pursuant to Title 18 of the Manitou Springs Municipal Code shall be non-refundable.

H.

Contingency. Final approval of any application submitted pursuant to Title 18 shall be contingent upon payment of all fees and expenses to the City. The City is not obligated to record documents, allow for the issuance of building permits, or process any applicant submittals until all outstanding costs and fees have been paid.

I.

Delinquency. In the event the City must pursue collection of an applicant's outstanding fees or costs, an applicant shall be responsible for the payment of all attorney fees and costs incurred in such collection efforts. The City reserves the right to suspend an application, withhold approval or postpone public hearings if an applicant fails to pay any fee due under this Title 18. In addition to any other remedy available, any delinquent charges due under this Title 18 may be certified to El Paso County and collected in the same manner as municipal taxes.

18.06.3.5

Application Completeness Review.

A.

Purpose. To ensure reviews are done with all applicable information, an application completeness review will be conducted for each submittal to determine that all required submittal materials are included in the submission.

B.

Applicability. All applications are subject to a completeness review prior to initiation of the review of the application. The Planning Director shall only initiate the review and processing of complete applications.

C.

Procedure.

1.

The Planning Director shall make a determination of application completeness within five (5) business days of application filing.

2.

If the application is determined to be complete, the Planning Director shall communicate with the applicant, in writing, the timeframe for application review, the application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this LUDC.

3.

If an application is determined to be incomplete, the Planning Director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur and the application shall be considered inactive until such time deficient submittals are provided.

D.

Completeness Criteria. An application will only be considered complete if it includes all required forms, all mandatory information, all supporting materials specified in the associated application checklist, and is accompanied by the applicable fee.

E.

Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first hearing to be held on the application. The City may postpone and reschedule a hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a hearing.

18.06.3.6

Application Review.

A.

The Planning Director shall review the application and determine if it meets the standards and requirements within this LUDC. If adjustments are needed to meet approval, these will be communicated to the applicant in writing. The applicant will have the opportunity to amend the application and resubmit for subsequent review.

B.

As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director.

C.

Upon an application's resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions. Once the application has been amended to meet the approval of the Planning Director, the initial hearing shall be scheduled, if required, and a staff report prepared. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, upon determination by the Planning Director, the development application complies with all applicable standards of this LUDC. If the approval authority lies with Staff, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this LUDC.

D.

No application shall be scheduled for a public hearing without a full review for compliance with the LUDC and applicable regulations.

18.06.3.7

Public Notice.

A.

Applications which require public notice upon the application's submittal are outlined in Table 18.06.2-1. Upon submittal, posted notice shall be required on the subject property meeting the sign requirements of subsection D below that provide information about the application and how to contact the Planning Department.

B.

Applications that require a neighborhood meeting or public hearing before the Planning Commission, or City Council shall be subject to the requirements contained in this Chapter to provide for adequate notification ensuring the opportunity for public participation in land use applications within the City.

C.

Written Notice. Written notice shall be sent out twice, first following completeness review of the application to alert the property owners to the application and second, at least eleven (11) calendar days prior to a public hearing. Written notice shall be sent by mail to all property owners within three hundred (300) feet of the external boundaries of the subject site. The Planning Director may require additional mailed notification to property owners beyond the three hundred (300) foot area based upon the scope of the potential external impacts of the proposed project. A list of property owners notified and a map illustrating the location of those properties within the required notice area shall be prepared prior to the hearing date.

D.

Posted Notice on Subject Property. At least eleven (11) calendar days prior to a public hearing, a notice shall be posted on the property for which the land use application is made with verification of posting by affidavit with time-stamped image for public record. The notice shall consist of at least one (1) sign facing an adjacent public right-of-way in a manner which provides the most visibility to the public of the sign. The notice shall be in the form of a sign measuring not less than one and one-half feet by two feet (18-inches by 24-inches); with lettering a minimum of one-half inch (0.5-inch) high. All lettering shall be clearly legible from the right-of-way the sign faces. The posted notice shall contain the information required in Subsection H.

E.

Posting of Agenda. Meeting notice, or posting of agendas, for all Planning Commission public meetings, work sessions and special meetings shall be a minimum of twenty-four (24) hours prior to the meeting, in accordance with C.R.S. § 24-6-401, et seq., the Colorado Open Meetings Law, as it may be amended. Meeting notice shall be posted at City Hall in a location visible to the public at all days and hours prior to the meeting and on the City's website.

F.

Publication in General Circulation Newspaper. At least eleven (11) calendar days prior to a public hearing, a notice shall be published by the Planning Department at least one time in the legal notice section of a general circulation newspaper within the City. A publisher's affidavit shall be submitted to the Planning Department prior to the hearing date to verify the publication of the required notice.

G.

In calculating the time period for public notice, the first day of publication, posting or mailing shall not be counted toward the total number of days required, but the day of the hearing shall be counted.

H.

Required Information. All notices shall contain, at a minimum, the following information:

1.

The name of the owner and the applicant;

2.

The property's street address and legal description;

3.

A vicinity map showing the subject property;

4.

The type of development and application approval(s) sought and a brief description of the development proposal;

5.

The date, time and location of the hearing and name of the decision-making body conducting the hearing;

6.

The telephone number and an email contact for the Planning Department; and

7.

Indication that more complete information about the application is available at the Planning Department.

18.06.3.8

Public Hearings.

A.

No public hearing shall commence, nor testimony taken, until all notice procedures as set forth in Section 18.06.3.7 (Public Notice) are met.

B.

At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance.

C.

All hearings before the Planning Commission shall be open to the public.

D.

The applicant or their designated agent whose application is before the Planning Commission or City Council shall be present at the meeting.

E.

The applicant shall offer competent evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.

F.

During the hearing process on all preliminary and final reviews of applications, the reviewing body may allow for up to three continuances, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence in support of the application. The Planning Director may provide an exemption to the limitation on continuances when a compelling reason exists as determined by the Planning Director.

G.

Postponement to a Date Certain. Hearings may be continued to a date certain and kept open to take additional information until a final decision is made. The property shall be re-posted for a continued hearing; no further publication or mailed notice for a continued hearing is required.

H.

Postponement with No Date Certain. If an application is not continued to a date certain, the application requires public notice as specified in Section 18.6.3.7 (Public Notice) with payment of a notice fee per the adopted City fee schedule.

18.06.3.9

Appeals.

A.

Purpose. This Section sets forth the process for appealing final decisions made under this LUDC.

B.

Appeals. Appeals of land use decisions are available at each level of decision-making bodies. Administrative decisions may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council, as further set forth in this Section.

C.

Standard of Review. All appeals shall be reviewed de novo based upon the criteria applicable to the subject application, which means that a new public hearing shall be held without regard to the previous hearing and decision. The applicant shall present its application and any testimony and evidence in support thereof and members of the public may present any testimony and evidence in support of their position. Planning staff may present any information they deem relevant to the application. The reviewing body shall render its decision based on the information presented during the appellate public hearing without consideration of the prior decision by the lower decision-making body.

D.

Appeals of Administrative Decisions. The Planning Commission shall hear and decide appeals of administrative decisions.

1.

Notice of Decision. Notice of final administrative decisions shall be published on the City's official website.

2.

Notice of Appeal. Any person may appeal to the Planning Commission any final administrative decision made under this Chapter by filing a written notice of appeal with the Planning Department.

3.

Submittal Requirements and Review of an Appeal of an Administrative Decision. Appeals made to the Planning Commission must be made in writing and filed with the Planning Department no later than ten (10) calendar days following publication of notice the final administrative decision. The appellant must provide the required fee and a completed application form. Publication and posting shall be pursuant to Section 18.6.3.7 (Public Notice).

4.

Stay of Decision. A perfected appeal shall operate as a stay of the administrative decision unless determined otherwise by the Planning Commission.

5.

Failure to Pay Filing Fee or Meet Submittal Requirements. Any person pursuing an appeal shall be responsible for meeting the submittal requirements and deadline set forth in Subsection 2, above. Failure to pay any required fee or properly complete and provide any required form or complete information by the appeal deadline shall be deemed a waiver of the right to appeal and a failure to exhaust administrative remedies.

6.

Final Decision. Decisions of the Planning Commission shall be appealable to the City Council pursuant to the provisions in Subsection E, below.

E.

Appeals of Planning Commission Decisions.

1.

Notice of Decision. Notice of final Planning Commission decisions shall be deemed given when the Planning Commission decision is rendered during a public hearing.

2.

Notice of Appeal. Any person may appeal to the City Council any decision of the Planning Commission made under this Chapter by filing a written notice of appeal with the City Clerk.

3.

Submittal Requirements and Review of an Appeal of a Planning Commission Decision. Appeals made to the City Council must be made in writing and filed with the City Clerk no later than ten (10) calendar days following notice of the final Planning Commission decision. The appellant must provide the required fee and a completed application form. Publication and posting shall be pursuant to Section 18.6.3.7 (Public Notice).

4.

Stay of Decision. A perfected appeal shall operate as a stay of the Planning Commission decision unless determined otherwise by the City Council.

5.

Failure to Pay Filing Fee or Meet Submittal Requirements. Any person pursuing an appeal shall be responsible for meeting the submittal requirements and deadline as stated in Subsection 2 above. Failure to pay any required fee or to properly complete and provide any required form or complete information by the appeal deadline shall be deemed a waiver of the right to appeal and a failure to exhaust administrative remedies.

6.

Final Decision. Decisions of the City Council shall be final and shall be subject to judicial review as provided by law.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

Purpose. The text of this LUDC may be amended pursuant this Section to respond to change in conditions or public policy, or to advance the general health, safety, and welfare of the City.

B.

Applicability. City staff, Planning Commission or City Council may initiate an amendment to the text of this LUDC. Any person may suggest to the Planning Commission that an amendment be given consideration.

C.

Procedure. Amendments to the LUDC shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter. The Planning Commission shall review the proposed change, and shall be required to make a recommendation to the City Council. The City Council may approve, deny, or modify the proposed amendment, or the City Council may remand the matter back to the Planning Commission.

D.

Approval Criteria. Recommendations and approval decisions on applications shall adhere to the following approval criteria:

7.

The amendment is not likely to result in significant adverse impacts upon the natural environment (including air, water, noise, stormwater management, wildlife, and vegetation) or such impacts will be substantially mitigated;

8.

The amendment is necessary for, or supportive of, the protection of health, safety, and welfare of the community;

9.

The amendment is consistent with the Comprehensive Plan and the intent stated in this LUDC;

10.

The amendment is consistent with any prior approvals, official plans or policies that apply; and

11.

The amendment will not significantly increase nonconformities.

A.

Purpose. The Planning Commission has the authority to vary or modify the application of the requirements of the LUDC, not related to use, so that the spirit of the LUDC is observed when the strict application of this LUDC will deprive a property of the privileges enjoyed by other properties of the same zoning classification State and federal laws or requirements may not be varied by the City. State and federal laws or requirements may not be varied by the City.

B.

Applicability. A variance may be initiated only by the property owner or the designated representative. The application must state the relief sought and must specify the facts or circumstances that are alleged to meet the review criteria within this Section.

C.

Submittal Requirements. No application shall be set for a hearing concerning a variance before the Planning Commission until the applicant has completed the submittal requirements as found in the general development review procedures as described in Section 18.06.3. of this chapter.

D.

Procedure. Applications for a Variance follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter.

E.

Approval Criteria. No variance shall be authorized unless the Planning Commission finds that all of the following criteria have been met. The endorsement of the variance by adjacent landowners does not relieve the applicant of the burden of meeting the requirements set forth in this section:

1.

Not result in development of areas at risk of natural hazards, unless adequate mitigation is provided to the satisfaction of the Planning Director pursuant to the standards in Chapter 18.03; and

2.

No adverse impact will result on adjacent properties;

F.

Additionally, variance requests must meet a minimum of four (4) of the following criteria:

1.

The applicant would suffer unnecessary hardship as a result of the application the LUDC, which hardship is not generally applicable to other lands or structures in the same zone district because of the unusual configuration of the applicant's property boundaries, unique circumstances related to the location of existing structures thereon, or the existence of exceptional topographic conditions thereon;

2.

There are no design alternatives or alternative locations for structures that would eliminate the need for the requested variance or would reduce the amount of the variance required. The variance is the minimum variance that will make possible the reasonable use of the land or structure;

3.

The enforcement of the provisions of the LUDC deprives the applicant of rights enjoyed by a majority of the other properties in the same zone district;

4.

The need for the variance is not the result of from actions of previous property owners or is a an otherwise self-imposed hardship;

5.

There is a disability affecting the owners or tenants of the property or any member of the family of an owner or tenant who resides on the property, which impairs the ability of the disabled person to utilize or access the property;

6.

The variance request is required in order to preserve a contributing structure in a historic sub district.

G.

The power to grant variances. The Planning Commission may authorize variances from the requirements of this chapter, not related to use. Variances are not available to allow a use that is not permitted in a particular zone district. A variance shall be considered an extraordinary remedy.

H.

Public Hearing and Action on the Variance Request.

1.

The applicant has the burden of proof to establish the application meets the criteria set forth in this chapter.

2.

The Planning Commission may impose any conditions related to the impacts created by the variance on the issuance of a variance and may amend the variance from that requested. Such conditions may be imposed upon any variance approval in order to alleviate or mitigate potential adverse impacts. Conditions must relate to the property with the use of the property as contemplated by the requested variance.

3.

No single decision of the Planning Commission sets a precedent. The decision of the Planning Commission shall be made on the particular facts of each case.

4.

At the public hearing, the applicant and members of the public may appear and present such evidence and testimony as they may desire. The Planning Commission may take notice of, and may consider, any relevant facts within the personal knowledge of any member of the Planning Commission which are stated on the record. For requests for variances, the Planning Commission shall make specific findings on the factors set forth in this Section of LUDC.

I.

Issuance of Permit. Where a variance is required, a building permit may not be issued by PPRBD until the variance is approved by the Planning Commission and shall be issued subject to the conditions imposed by the Planning Commission on the variance. For requests for variances, the Planning Commission shall make specific findings on the factors set forth in this Section of LUDC.

J.

Violation and Enforcement. Violation of an approved variance and its conditions shall be deemed a violation of this Chapter and shall be punishable as provided in Section 18.06.4.27 of the LUDC.

K.

Expiration. Failure to obtain a Building Permit for the construction of a structure for which the variance was granted prior to one (1) year from the date of approval of the variance will cause the variance to expire. Requests for an extension of said period shall be presented to the Planning Director in writing at least thirty (30) days prior to the scheduled expiration date. The Planning Director may authorize up to one (1) additional year if cause exists for the extension and there would be no harm to the adjacent property owners or the community. Once a structure is completed, the variance may no longer expire and shall be transferable with the land.

A.

Purpose. The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this Section in order to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the City.

B.

Applicability. A proposed change of zone district boundaries or regulations may be initiated by the City Council, Planning Commission, or by the owner of a property subject to the requested zone district boundary to be changed.

C.

Requirements for Change. Whenever the public necessity, safety, general welfare, or good zoning practice justifies such action and after consideration and recommendation by the Planning Commission as provided herein, the City Council may change zone district boundaries after public hearing for which public notice is given.

D.

Zoning Adjacency. Changes in the Zoning Map involving any zone district, except for Open Space, Parks and Public Facilities zones, requires that the area requested for rezoning abuts an existing zone district of the same zone district as that being requested on part of at least one side. The Open Space Advisory Committee shall review all applications requesting rezone to Open Space and the Parks and Recreation Advisory Board shall review all applications requesting rezone to Park.

E.

Approval Criteria. The Planning Commission and City Council shall consider the following criteria in the review of all rezoning applications:

1.

General conformance with the goals and policies of the Comprehensive Plan and other plans and policies adopted by the City Council;

2.

Compliance with applicable statutory provisions;

3.

Whether the rezoning will adversely impact or overburden public facilities and services;

4.

Whether the rezoning will result in a higher risk to natural hazards and geologic hazards; and

5.

Whether the proposed rezoning is compatible with the surrounding land uses.

6.

Procedure. Applications for a Rezoning shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter except as follows:

a.

Planning Commission Recommendation. Upon receipt of a complete application, the Planning Department shall set the application for a public hearing at the next regular meeting of the Planning Commission. At the public hearing, the Planning Commission shall consider the approval criteria in this section and shall recommend to the City Council to approve, deny, postpone, or conditionally approve the application.

b.

City Council Decision. The City Clerk, upon receiving the recommendation of the Planning Commission shall set the matter on the agenda of the City Council. At such meeting the Council shall approve, approve with conditions, or disapprove the application for rezoning based on the criteria in this Section. If approved or approved with conditions, the City Council will adopt an ordinance embodying such changes, after the public hearing.

F.

Reconsideration. If a request to rezone is denied, the Planning Commission or City Council shall not reconsider the request for rezoning of the subject property until one of the following:

1.

A minimum of one (1) calendar year has elapsed after the last City Council vote on the matter; or

2.

A substantial change in the nature of the application or circumstances has occurred.

G.

Upon approval of any request for rezoning, the Planning Department shall document the amendment on the official Zoning Map of the City of Manitou Springs and notify the El Paso County Clerk and Recorder of the amendment to the official Zoning Map.

H.

Appeal. In the event that the application is denied by the City Council, or conditionally approved, and the applicant wishes to appeal the decision, the applicant may seek relief pursuant to the requirements outlined in Section 18.06.3.9.

I.

Protest Against Rezoning. When a formal protest of a rezone application is received by the City, the application shall require a supermajority favorable vote of the City Council in order to be approved. A protest may be considered valid if it is supported by property owners of twenty percent (20%) or more of the area extending a radius of three hundred feet (300-feet) from the land which is subject to the proposed change. The protest must be filed with the City Clerk at least twenty-four hours prior to the City Council's vote on the change and contain the following items:

1.

A written protest may be submitted by property owners of lots or land either covered by the proposed change or located within one hundred (100) feet of the area covered by the proposed change.

2.

A written protest shall be submitted on a form provided by the City and shall contain the following information:

a.

A description of the zoning case at issue;

b.

Email and phone number of the protest petitioner(s)

c.

The names and original signatures of all persons protesting the proposed zoning action; and

d.

A description or address of the area of lots or land owned by the protesting parties.

3.

The written protest form must be signed by the owner of the property, or by their authorized representative. The signature of any one owner of a property with multiple owners shall bind the entire property to the protest.

4.

In the case of property owned by a corporation, a general partnership, or a limited partnership, the protest must be signed by the individual duly authorized by the Secretary of the State of Colorado.

5.

For condominium lots or land to be included in a valid protest, the written protest form must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to the owner's respective undivided interest in the common elements of the condominium.

6.

All signatures on a written protest form shall be notarized or witnessed. The notary requirement is fulfilled if the person who obtains the signatures signs a certification stating that:

a.

They witnessed those signatures; and

b.

The signatory represented their authority to sign the petition.

7.

In all cases where a written protest form has been properly signed pursuant to this subsection, the City shall presume that the signatures are authentic and that the persons or officers whose signatures appear on the protest form are either owners of the property or authorized to sign on behalf of one or more owners as represented. The City Attorney may advise the City Council that this presumption of validity should not be followed in a specific case based on evidence presented.

8.

Withdrawal of Protest Signature(s) or Protest Form(s).

a.

A protest, once filed, remains in effect unless withdrawn in accordance with this subsection, irrespective of any amendments made to the zoning proposal. Requests to withdraw a protest form or individual protest signature(s) that have been filed must be in writing and filed with the City Clerk before the filing deadline.

b.

The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.

9.

Conflicting Submissions. If multiple protests and withdrawals are filed on behalf of the same owner, the submission with the most recent date and time of execution controls.

A.

Purpose. The conditional use requirement is intended for certain land uses with unique operating and/or physical characteristics requiring careful consideration of their impact upon the surrounding area and public facilities. The additional consideration allows for recommendations to be imposed by the City Council and Planning Commission. Applicability. Conditional use approval shall be required for those uses not specifically permitted in the particular zone district.

B.

Submittal Requirements. No application shall be set for a hearing concerning a Conditional Use Permit until the applicant has completed the submittal requirements as found in the Conditional Use Checklist.

C.

Approval Criteria. The Planning Commission and City Council shall consider the following criteria in the review of all Conditional Use Permit applications:

1.

That the value and qualities of the neighborhood surrounding the conditional use are not substantially injured, and the request is compatible in function and design with surrounding land uses;

2.

Would not create a nuisance or overburden public facilities such as roadways and utility systems, or be a threat to the public health, safety, or welfare of the community;

3.

Is not a violation of a any provision of the design guidelines, City, Manitou Springs Municipal Code, State of Colorado law, or other rule or regulation;

4.

Conditional uses shall not be allowed on properties subject to natural hazards unless adequate mitigation is provided pursuant to Chapter 18.03.10: Natural Hazard Risk Reduction and Mitigation;

5.

Is consistent with the intent and purpose of this LUDC and does not injure public health, safety and general welfare; and

6.

Is consistent with the goals and policies of the adopted comprehensive plan.

D.

Procedure. Applications for a Conditional Use shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter, except as follows:

1.

Submitted materials are reviewed by the Planning Department for completeness and, if complete and found to be compliant with all applicable codes and regulations, placed on the Planning Commission agenda for public hearing. After consideration of staff, professional/technical agency and public comment, the Planning Commission shall make a recommendation to the City Council of either approval, approval with conditions, or denial of an application based upon the criteria in Subsection 18.06.4.5.C.

2.

After the Planning Commission has made its recommendation, the application shall be forwarded to the City Council for consideration. The City Council shall approve, approve with conditions, or deny an application based upon the criteria in Subsection 18.06.4.5.C and the Planning Commission's recommendation.

3.

Except as otherwise decided by the City Council for conditional use permits, the development of a conditional use shall conform to the applicable regulations of the district in which it is to be located.

E.

Revocation. Upon a determination by the Planning Department that there is a failure to comply with a condition of a conditional use permit, the Planning Department shall forward that determination to the Planning Commission for review at a public hearing. The Planning Commission shall consider staff's recommendation and make a recommendation to the City Council regarding whether a failure to comply with a condition of the conditional use permit exists. At a public hearing, the City Council shall determine that either there is no failure to comply with a condition or it shall revoke the conditional use permit if it determines that a violation of a condition has occurred.

F.

Expiration and Discontinuance.

1.

Expiration. A conditional use granted pursuant to this part shall expire within twelve months from the date of final approval if action is not taken within that time. An extension may be granted by the Planning Director of one, six-month period for good cause. For purposes of this subsection, "action" means obtaining a building permit, pursuant to the granting of the conditional use, or if a building permit is not required, obtaining a business license associated with the conditional use request, or the right which is granted pursuant to the conditional use is put to use pursuant to the conditional use approval.

2.

Discontinuance and Termination of Right. If a legally established conditional use is abandoned or discontinued for a period of twelve continuous months, the Conditional Use Permit shall be considered expired. Prior to expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six-month extension of the Conditional Use Permit if no major changes to the site design are required. Upon an expiration, the property affected shall be subject to all provisions and regulations of this LUDC applicable to the zone district which such property is classified.

G.

Transferability. Conditional Use Permits shall run with the land.

A.

Purpose. The regulations herein establish governing procedures for Short-Term Rental Permits. Use standards related to short term rentals are outlined in Section 18.04.5.4.

B.

Applicability. To operate as a short-term rental, the owner of the property must obtain a Short-Term Rental Permit from the Planning Department pursuant to the criteria in this chapter. The owner must also obtain a business license from the City prior to listing the property as a short-term rental.

C.

Procedure. Applications for a Short-Term Rental Permit Short-Term Rental Permit follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter.

D.

Submittal Requirements. Applications for Short-Term Rental Permits. Short-Term Rental Permits shall meet the submittal requirements as found in the Short-Term Rental Permit Checklist.

E.

Criteria for approval:

1.

Short-term rental does not adversely impact the surrounding uses; and

2.

Short-term rental does not encroach upon traditional neighborhood characteristics.

F.

Listing Requirements. At the time of listing the short-term rental with any lodging or booking agency or website designed to find customers, a copy of the listing ad must be provided to the City for each booking agency or website where the owner is advertising for renters. Each listing must contain the Short-Term Rental Permit number in the advertisement and a statement that unit is in compliance with all Manitou Springs Municipal Code requirements. The sole act of advertising a property as a short-term rental requires approvals as outlined in this LUDC, failure to comply with this requirement, and to include this information in all advertised listings is a violation of this chapter.

G.

Transferability. The short-term rental unit permit does not run with the property, but is issued to the specific owner of the property. The permit shall expire upon sale or transfer of the property, including change between private ownership and a corporation or other legal entity. The permit shall not be transferred or assigned to another individual, person, entity, or address but may be managed by a third party on behalf of the owner.

H.

Annual Renewal Required. The short-term rental unit permit is valid for one year from the date of issuance. The permit is required to be renewed for additional one-year periods in order to be in compliance with this LUDC. Short-term rentals which fail to renew the Short-Term Rental Permit terminate their right to operate and forfeit their 500-foot radius from other Short-Term Rental Permit applications.

I.

Existing Permitted Short-Term Rentals. Permitted short-term rentals in existence as of June 7, 2016 may continue to operate subject to their previously issued conditional use permits until the use is terminated or revoked. A short-term rental in existence prior to June 7, 2016, seeking to amend their existing permit shall apply for a new Short-Term Rental Permit per the standards in this Section.

J.

Abandonment and Revocation of Existing Permitted Short-Term Rentals. Use of property for short-term rental shall be deemed abandoned upon delivery to the City of written notice by the property owner, operator, or its representative that units previously approved for occupancy short-term rental will no longer be used for that purpose. Permitted owners must notify the City of the closure of the short-term rental within thirty days. Once the use of property for short-term rental occupancy is abandoned, approval of a new application under the provisions of this chapter shall be required before the property may be used again for a short-term rental. In addition to the basis for revocation as described in this section, any violation of this chapter may also be a basis for revocation subject to the procedure in Section 18.06.4.27. The short-term rental shall also be considered abandoned if the short-term rental discontinues use for a period of twelve continuous months.

K.

Inspection. The owner shall permit the City to inspect the short-term rental dwelling unit or individual rooms at any time for compliance with the provisions of this chapter and other provisions of this LUDC. The permittee shall maintain records of occupancy for each short-term rental unit, which shall be made available to the City, upon request, for review and inspection at any time.

L.

Violation and Penalties. A violation of this chapter is subject to the procedure in Section 18.06.4.28 of this LUDC and may subject the short-term rental to revocation. Any person or entity that fails, violates or refuses to comply with any requirement of this chapter shall be punishable as provided in Section 18.06.4.28 of the LUDC, as amended.

A.

Purpose. The regulations herein establish governing procedures for hospitality and lodging uses related to Long-Term Occupancy Permits.

B.

Applicability. All commercial hospitality establishments, such as a hotel or motel, with occupancy for a period greater than thirty (30) days shall require a long-term occupancy permit. The duration of occupancy shall be calculated based upon the number of nights of occupancy of an individual in the establishment as a whole, not the number of nights of occupancy of a single room. The purpose is to prohibit the avoidance of an occupancy being determined to be long-term by moving from one room to another, while remaining at the establishment for a period of longer than thirty (30) days.

C.

Procedure. Applications for a Long-Term Occupancy Permits shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter.

D.

Submittal Requirements. Applications for long-term occupancy permits shall meet the submittal requirements as found in the Long-Term Occupancy Permit Checklist.

E.

Monthly Reporting. For monitoring purposes, long-term lodging room usage shall be reported to the City quarterly.

F.

Approval Criteria. No license shall be issued unless the long-term occupancy permit is approved for each unit. All long-term occupancy permits must meet the criteria of the long-term occupancy permit standards in Section 18.04.5.3

G.

Authority to Impose Conditions. The Planning Department shall have the authority to impose such reasonable terms and conditions on a permit as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law, including without limitation, limiting the number of units that may be used for long-term occupancy lodging to less than the number of units sought on the application.

H.

Renewal, Termination and Abandonment. Issuance of a permit to operate units for long-term occupancy shall be for a term of five (5) years. Applications for a permit shall be made to the Planning Department on forms provided by the City and subject to any applicable fees. Long-Term Occupancy Permits shall be approved or denied by the Planning Department.

1.

Alterations to any unit permitted for long-term occupancy shall automatically extinguish the permit for such unit unless the alterations are approved in advance by the Planning Department. For purposes of this chapter, the term "alterations" means modifications to any of the items included in the plans included with the application that was approved by the City (such as without limitation, modifications to the floor plan, the parking plan, the window(s), or kitchen appliances).

2.

An application for renewal of an existing permit shall be made to the Planning Department not less than sixty (60) days prior to the date of expiration of the license. The license may be renewed administratively by the Planning Department if no violations of this chapter or the terms of the license have occurred. The Planning Department may forward the renewal application to the Planning Commission if the Planning Director believes a violation has occurred, in which case the renewal shall be set for a public hearing after proper notice.

3.

No long-term occupancy unit approved under the provisions of this chapter shall be deemed abandoned solely due to the temporary use of the unit for short-term occupancy, which shall be permissible. Use of property for long-term occupancy shall be deemed abandoned under the following conditions:

a.

Written notice by the property owner, operator, or its representative that units previously approved for long-term occupancy will no longer be used for long-term occupancy; or

b.

Cessation of use of the structure in which the long-term occupancy units exist as a hotel, motel, or similar housing facility, for a duration of ninety (90) consecutive days or for ninety (90) days during any one hundred eighty (180) day period, excluding structures that are actively undergoing repairs during this timeframe. Once the use of property for long-term occupancy is abandoned, a new application under the provisions of this chapter shall be required to use property for long-term occupancy.

I.

Once the use of property for long-term occupancy is abandoned, a new application under the provisions of this chapter shall be required to use property for long-term occupancy. Inspection. The permit shall allow the City to inspect its long-term occupancy rooms at any time for compliance with the provisions of this chapter and other provisions of this LUDC. The licensee shall maintain records of occupancy for all rooms licensed for long-term occupancy, which shall be made available to the City for City review and inspection at any time.

J.

Suspension and Revocation. The City Council may, after notice and hearing, suspend, revoke or refuse to renew a long-term occupancy permit, or part thereof, for violations of the terms of such permit, or for violations of this chapter, including without limitation, the use of rooms in the same facility for long-term occupancy not permitted for such use, or the failure to pay lodging tax as required by this LUDC.

A.

Purpose. The Minor Temporary Use Permit procedure is intended to provide a mechanism for enforcement of the temporary use regulations that apply to temporary uses.

B.

Applicability. A minor temporary use permit is required for any temporary use that is not considered a major temporary use in Section 18.06.4.8.

C.

Exemptions. The following uses shall be exempt from the requirement to obtain a temporary use:

1.

Construction Office or Yard, Temporary (included in Building Permit approval); and

2.

Garage Sale or Yard Sale, Temporary.

D.

Application Submittal. All applications for temporary use permits shall be filed at least four (4) weeks prior to the date the temporary use will commence.

E.

Procedure. Temporary Use Permits shall follow the Procedures in Section 18.06.2 and Section 18.06.3. of this Chapter.

F.

Review and Decision by Director. The Planning Director shall review each application and distribute the application to other agencies for review as they deem necessary. The Planning Director shall approve, approve with conditions, or deny the application based on the applicable approval criteria below.

G.

Approval criteria. The Planning Director shall issue a temporary use permit upon finding the proposed temporary use satisfies the requirements set forth in Section 18.04.24, Accessory and Temporary Uses, and:

1.

The use will not be detrimental to the public health, safety, and general welfare, and is compatible with the purpose and intent of this LUDC and the zone district in which it will be located; and

2.

If located outside of the Downtown zone district, adequate off-street parking meeting the standards in Section 18.03.8 is provided to serve the use.

H.

Duration of permit. A temporary use permit shall be valid only for the time period stated on the permit unless otherwise authorized in this LUDC.

I.

Termination of Permit. The temporary use permit shall terminate upon expiration of the time limit specified in the permit.

A.

Purpose. The Major Temporary Use Permit procedure is intended to provide a mechanism for enforcement of the temporary use regulations that apply to more intensive and more complex temporary uses such as community festivals.

B.

Applicability. Unless exempted by Section 18.06.4.8(C), a major temporary use permit is required for any temporary use that:

1.

Modifies traffic patterns including road closures or detours;

2.

Includes food or alcohol vending;

3.

Anticipates one hundred (100) or more visitors;

4.

Uses public property including rights-of-way; and/or

5.

Lasts for more than three (3) days in a thirty (30) day period.

C.

Application Submittal. All applications for temporary use permits shall be filed at least six (6) weeks prior to the date the temporary use will commence.

D.

Procedure. Major temporary use permits shall follow the Procedures in Section 18.06.2 and Section 18.06.3. of this Chapter.

E.

Review by Director. The Planning Director shall review and make a recommendation to the Planning Commission on each application and distribute the application to other agencies for review as they deem necessary.

F.

Decision by Planning Commission. The Planning Commission shall approve, approve with conditions, or deny the application based on the applicable approval criteria below.

G.

Approval criteria. The Director shall recommend, and the Planning Commission shall approve a temporary use permit upon finding the proposed major temporary use satisfies the requirements set forth in Section 18.4.23, Accessory and Temporary Uses, and:

1.

The use will not be detrimental to the public health, safety, and general welfare, and is compatible with the purpose and intent of this LUDC and the zone district in which it will be located; and

2.

If located outside of the Downtown zone district, adequate off-street parking meeting the standards in Section 18.03.8 is provided to serve the use.

H.

Duration of permit. A major temporary use permit shall be valid for the time period stated on the permit, but in no case shall a temporary use permit be valid for a period of one year or longer.

I.

Termination of Permit. The major temporary use permit shall terminate upon expiration of the time limit specified in the permit, a violation of the permit conditions, or any violation of the Manitou Springs Municipal Code.

A.

Purpose. The Property Improvement Permit (PIP) is used to ensure modifications and improvements to existing structures are within the bounds of the applicable zoning regulations.

B.

Applicability. It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, alteration, enlargement, extension, or moving of any building, structure or any portion thereof, without first having applied in writing to the Planning Department (for a Property Improvement Permit) or PPRBD (for a Building Permit), as applicable, and until such permit has been granted.

C.

Expiration. Unless construction has begun within a period of six months from the date of approval, such approval shall expire unless good cause can be shown to the Planning Director that the PIP should not expire. A PIP is valid as long as an associated Building Permit is in effect. In the event good cause is shown that a PIP should not expire, the Planning Director may extend the permit for up to one, three-month period. This expiration period shall not apply if it is otherwise specified by a development agreement.

A.

Purpose. The concept plan allows for an evaluation of the proposed development before detailed planning and engineering work is undertaken and before substantial expenses have been incurred by the applicant prior to submission of final application.

B.

Applicability. A developer may obtain a concept plan review by the Planning Commission at the developer's request. Submittal of a concept plan for review shall be voluntary.

C.

Procedure. Concept Plans shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter, except as follows:

1.

The Planning Commission shall not make comments on a concept plan until all agencies that would typically comment on a development proposal have had a chance to review and comment on the concept plan.

D.

Submittal Requirements. No application shall be set for a public hearing concerning a Concept Plan until the applicant has completed the submittal requirements as found in the Concept Plan Checklist.

1.

If a concept plan is submitted for review, the developer shall submit, after preliminary consultation with the Planning Director, a concept plan delineating the basic land use, land use intensity, internal pedestrian and traffic circulation, open space, and other development patterns.

E.

Approval Criteria. The Planning Commission shall evaluate the concept plan by considering whether or not:

1.

The concept plan is consistent with the general purpose and intent of this LUDC;

2.

The proposed land uses, densities, and intensities are consistent with the Comprehensive Plan, and applicable zoning districts;

3.

Whether the conceptual development will result in a higher risk to natural hazards and geologic hazards;

4.

The proposed development is consistent with the dimensional, design, development, and all other standards of this LUDC; and

5.

The proposed development provides adequate mitigation for anticipated adverse impacts to surrounding neighborhoods and the City.

F.

Limitations on Recommendations. Recommendations on the concept plan do not constitute a waiver of any required development or subdivision process. Comments and recommendations made during the concept plan review process shall not be binding upon the City or any City board, committee, or commission.

A.

Purpose. The purpose of the Minor Site Plan is to provide a mechanism to ensure that proposed small-scale development complies with the standards of this LUDC before issuance of a Building Permit.

B.

Applicability. A Minor Site Plan is required before issuance of a Building Permit for:

1.

The new construction of a Single-Household Detached dwelling unit;

2.

The new construction of a Two-Household Duplex;

3.

The new construction of accessory structures with a gross floor area of larger than 200 square feet and/or have a building height of taller than eight (8) feet;

4.

The construction of an addition onto an existing Single-Household Detached dwelling or Two-Household Duplex dwelling which does not increase the number of dwelling units on the property;

5.

The construction of an addition onto, or conversion of, an existing Single-Household Detached dwelling which adds an additional dwelling unit attached to the primary structure, converting the structure into a Two-Household Duplex dwelling, where permitted by right in the zone district; and

6.

The alteration or installation of minor site or building improvements, or changes to the existing site or building which require documentation, such as the construction or alteration of a trash enclosure, parking lot, required landscaping, or screening.

7.

The construction or alteration of an accessory dwelling unit as defined under Section 18.04.3.7.

C.

Exemptions. A Minor Site Plan should not be used to document:

1.

A change from a residential use category to a nonresidential use category;

2.

Additions to nonresidential structures; and

3.

Improvements that increase the operational area of the primary nonresidential use, such as an outdoor patio.

D.

Procedure. Applications for a Minor Site Plan shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter.

E.

Approval Criteria. The Planning Director shall approve the request if:

1.

The request complies with all requirements of this LUDC; and

2.

The request does not affect the site's circulation pattern or result in an increase to the site's parking or landscaping requirement, or other dimensional or development standard. If so, the request shall be reclassified as a Minor Development Plan.

F.

Expiration. If no building permit is issued for an alteration requiring the approval of a Building Permit within twelve months after planning permission has been granted then that permission will lapse, unless good cause can be shown to the Planning Director. In the event that good cause is shown, the permission may be extended by the Planning Director for up to one, twelve-month period. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a building permit was not issued by the deadline. Examples of good cause include delays in building permit review by the reviewing agency, inability to secure financing in a timely manner, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

A.

Purpose. The minor development plan (MNR) is intended to provide for streamlined review for small scale projects with limited impact to ensure compliance with this LUDC.

B.

Applicability. A Minor Development Plan (MNR) shall be required prior to issuance of a grading permit, if applicable, or building permit. A development shall obtain a minor development plan if any of the criteria below are met. Any development not exempted by Section 18.06.4.12(B) and not meeting the criteria below shall obtain a major development plan.

1.

New construction of more than one (1) but no more than four (4) single household, detached dwelling units;

2.

New construction of more than one (1) but not more than four (4) Two-Household Duplex dwelling units;

3.

New construction of no more than four (4) attached dwelling units meeting the definition of Single-Household Attached dwellings;

4.

New construction of a Small Multi-Household dwelling containing no more than eight (8) units;

5.

Conversion of an existing Single-Household Detacheddwelling into Single-Household Attacheddwelling units, not to exceed three (3) total dwelling units, and the conversion of a Single-Household Detacheddwelling into a Small Multi-Household Detacheddwelling, not to exceed eight (8) total dwelling units, where permitted by right in the zone district;

6.

Conversion of an existing Two-Household Duplex dwelling into a Single-Household Attached dwelling units, not to exceed three (3) total dwelling units, and the conversion of a Two-Household Duplex dwelling into a Small Multi-Household Detached dwelling, not to exceed eight (8) total dwelling units, where permitted by right in the zone district;

7.

Expansion in gross floor area of existing nonresidential development by thirty percent (30%) or less; or

8.

Conversion from nonresidential to mixed-use dwelling, not to exceed three (3) total dwelling units, where permitted in the zone district.

C.

Exemption. Proposed changes of use that are in the same use category in Table 18.04.2.5-1: Table of Allowed Uses as the current use on the property shall be exempt from the requirement to obtain a minor or major development plan.

D.

Procedure. Applications for a Minor Development Plan shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in set forth in this Section 18.06.3. of this Chapter.

E.

Submittal Requirements. No application shall be set for a public hearing concerning a Minor Development Plan until the applicant has completed the submittal requirements as found in the Minor Development Plan Checklist.

F.

Approval Criteria. The Planning Commission shall consider the following criteria in the review of all Minor Development Plan applications:

1.

General conformance with the goals and policies of the Comprehensive Plan and other plans and policies adopted by the City Council;

2.

The details of the use, site design, building location, orientation, and exterior building materials are compatible and harmonious with the surrounding neighborhood;

3.

The project meets dimensional standards applicable to the zone district, such as but not limited to building setbacks, building height, and building area, or any applicable requirement;

4.

The project grading, drainage, flood protection, stormwater quality, and stormwater mitigation complies with the applicable Sections of this LUDC;

5.

The project complies with all the development standards of this section; and

6.

The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site.

G.

Expiration.

1.

If no building permit is issued on a Minor Development within twelve months after approval has been granted by the Planning Commission then that permission shall expire, unless good cause can be shown to the Planning Director. In the event that good cause is shown, the permission may be extended by the Planning Director for up to one, twelve-month period.

A.

Purpose. The major development plan (MJR) is intended to review all projects that do not meet the requirements for a MNR or otherwise exempted to ensure compliance with this LUDC.

B.

Applicability. A Major Development Plan (MJR) shall be required prior to issuance of a grading or building permit, or other major development activities. A MJR is required for all developments that do not qualify for a MNR or are otherwise exempted.

C.

Procedure. Applications for a Major Development Plan shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter

1.

Submittal Requirements. No application shall be set for a public hearing concerning a Major Development Plan until the applicant has completed the submittal requirements as found in the Major Development Plan Checklist.

D.

Approval Criteria. Approval Criteria. The Planning Commission and City Council shall consider the following criteria in the review of all Major Development Plan applications:

1.

General conformance with the goals and policies of the Comprehensive Plan and other plans and policies adopted by the City Council;

2.

The details of the use, site design, building location, scale, and orientation are compatible and harmonious with the surrounding neighborhood, buildings, and uses;

3.

The project meets dimensional standards applicable to the zone district, such as building setbacks, building height, and building area, or any applicable requirement;

4.

The proposed grading, drainage, flood protection, stormwater quality, and stormwater mitigation complies with applicable Sections of this LUDC;

5.

The project complies with all the development standards of this section;

6.

The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site;

7.

The project connects to or extends adequate public utilities to the site as required;

8.

If necessary to address increased impacts on existing roadways and intersections, the project includes roadway and intersection improvements to provide for safe and efficient movement of multi-modal traffic and pedestrians, meets public safety needs for ingress and egress, and a City accepted traffic impact study, if required; and

9.

Significant off-site impacts reasonably anticipated as a result of the project are mitigated or offset to the extent proportional and practicable. Impacts may include, but are not limited to scale, shadowing, parking, light, odor, and noise.

E.

Expiration.

1.

If no building permit is issued on a Major Development within twelve months after planning permission has been granted by the City Council then that permission will expire, unless good cause can be shown to the Planning Director that the permission should not lapse. In the event that good cause is shown, the permission may be extended by the Planning Director for up to one, twelve-month period.

A.

Purpose. The minor subdivision process is intended to provide a streamlined review process of a Final Plat for minor subdivisions as described in the eligibility section below.

B.

Applicability.

1.

No building permits shall be issued for the construction or reconstruction of structures upon any land or the addition to any building or structure situated on any land, unless such land has been subdivided and platted in accordance with the procedures set out in these regulations.

2.

Every owner of any lot, tract, or parcel of land within the incorporated City who may create a subdivision shall submit a subdivisionplat to the City in accordance with these provisions.

C.

Eligibility. The minor subdivision procedure is allowed for the following:

1.

Subdivisions creating four (4) or fewer lots.

D.

Limitations.

1.

There shall be no public right-of-way dedication allowed with a minor subdivision;

2.

The minor subdivision may not involve any waiver to the regulations of this LUDC; and

3.

If a proposed minor subdivision would result in conditions that do not comply with other conditions whether on another final plat or major development plan imposed by the City Council, or results in changes affecting parties other than the applicant, the application shall require review and approval through the major subdivision process.

E.

Submittal Requirements. Applications for minor subdivisions shall mean the preparation and review of a Final Plat, as defined, and the application shall meet the submittal requirements as found in the Minor Subdivision Checklist.

F.

Procedure. Applications for a minor subdivision shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter.

G.

Decision. The Planning Director shall approve as requested, approve with conditions, or disapprove the minor subdivision plat.

1.

Approval. If the Planning Director approves the minor subdivision plat, the applicant will be notified in writing. Approval of the minor subdivision plat by the Planning Director shall be deemed as its certification.

2.

Approval with Conditions. If the Planning Director approves the minor subdivision plat with conditions, the applicant will have ninety days from the date of the receipt of the letter stating the conditions to fulfill the conditions unless otherwise specified by the Director. Failure of the applicant to fulfill all conditions within the ninety-day time limitation shall render the approval void.

3.

Disapproval. The Planning Director shall provide notification to the applicant with all reasons for denial clearly specified in writing.

4.

The Planning Director may, in his or her discretion, refer a minor subdivision to the Planning Commission for review when the scope or nature of the proposed development may substantially impact the neighborhood due to vehicular or pedestrian traffic, parking, views, noise, disruption of natural areas, or similar impacts. The Planning Commission shall review the minor subdivision at a public hearing and shall conduct its review under the same standards set forth for review by the Planning Director in this section.

H.

Recording. Following the approval of a minor subdivision, the subdivider or their agent shall submit one copy of the minor subdivision plat on suitable drafting film as approved with the notarized signatures of all owners and the surveyor within six months following its approval. The minor subdivision shall be signed by the City's authorized representative. The minor subdivision shall then be recorded in the office of the County Clerk and Recorder within thirty (30) days.

I.

Approval Criteria. The Planning Director shall approve the request if:

1.

The minor subdivision is consistent with the Comprehensive Plan and other adopted City plans;

2.

The minor subdivision is consistent with and complies with the requirements specific zoning district in which it is located;

3.

The lots created with the proposed minor subdivision have a buildable area that would not require a future Waiver in order to construct the use the lot is intended for;

4.

As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat or development plan;

5.

The minor subdivision exhibits the requirements of a Final Plat as defined;

6.

Will not limit the City's ability to effectively provide facilities or services; and

7.

Identifies known natural hazard areas and/or geologic hazard conditions.

J.

Improvement Guarantee. Approval of a minor subdivision plat authorizes the subdivider to proceed with the subdivision. However, no lot(s) shall be sold unless either the required improvements have been installed and accepted by the City or the cost of said improvements have been financially assured per Section 18.05.2.4.

K.

Expiration. Failure to submit the approved minor subdivision for recording within six (6) months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new Minor Subdivision application for review. Prior to expiration of the six-month period, the Planning Director may grant one (1) extension for a period of not more than six (6) months upon the subdivider's request and for good cause.

1.

"Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a minor subdivisionplat was not approved by the deadline. Examples of good cause include delays in preparation of the minor subdivisionplat, delays in scheduling a minor subdivisionplat for the required public hearings, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

A.

Purpose. The major subdivision process provides a procedure for those plats or replats which do not qualify as minor subdivisions and consist of both preliminary plats and final plats.

B.

Applicability. The major subdivision procedure is required for a proposed division of land when any one (1) or more of the following conditions exist:

1.

Dedication of public right-of-way or other public tracts;

2.

The resultant subdivision will produce five (5) or more lots; or

3.

The subdivision is not otherwise eligible for the minor subdivision process.

C.

Submittal Requirements. Applications for major subdivisions shall mean the preparation and review of a Preliminary Plat and Final Plat, as defined, and the application shall meet the submittal requirements as found in the Major Subdivision Checklist.

D.

Overview of Procedure. Major subdivisions require two (2) steps.

1.

Preliminary plat, which requires approval by the Planning Director; and

2.

Final plat, which requires approval by the Planning Director.

a.

A Preliminary Plat may be substituted with a Major Development Plan if submitted concurrently for review or has received approval within twelve months of the major subdivision's application. An approved Major Development Plan shall not be required to be re-heard by the Planning Commission. A Major Development Plan submitted concurrently for review shall follow its applicable procedure and may align with the Final Plat public hearing schedule outlined below or be scheduled for a public hearing ahead of a Final Plat. In no instance shall a Final Plat be heard before the Major Development Plan.

E.

Preliminary Plat Procedure. Preliminary Plats shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter, except as follows:

1.

Upon the receipt of all application requirements and consideration of the comments of other agencies, the Planning Director shall approve, conditionally approve, or deny the preliminary plat based on the approval criteria in this section.

2.

If the preliminary plat is conditionally approved or disapproved the reasons shall be noted in writing and, if possible, recommendations made for the developer to obtain plat approval.

3.

Upon approval of the preliminary plat by the Planning Director, the subdivider shall provide any required guarantees for the installation of improvements and is then authorized to proceed with the preparation of a final plat.

F.

Preliminary Plat Approval Criteria. In reviewing a preliminary plat application, the Planning Director shall consider whether the preliminary plat meets the following:

1.

General conformance with the goals and policies of the Comprehensive Plan and other plans and policies adopted by the City Council;

2.

The preliminary plat is consistent with and complies with the requirements specific zoning district in which it is located;

3.

The lots created with the proposed Major Subdivision have a buildable area that would not require a future subdivision waiver in order to construct the use the lot is intended for;

4.

As applicable, the preliminary plat is consistent with the terms and conditions of any previously approved development plan or final plat;

5.

The project meets minimum dimensional standards applicable to the zone district, such as lot size and lot frontage;

6.

Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities pursuant to Chapter 18.05;

7.

The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site; and

8.

Will not limit the City's ability to effectively provide facilities or services.

G.

Expiration. Approval or conditional approval of a preliminary plat shall be effective for one (1) year following the date of approval. An approved preliminary plat shall expire and be of no further force and effect if a complete final plat application for the subdivision or a phase of the subdivision has not been submitted within one (1) year after the preliminary plat approval date. In the case of partial final plat submission, the approval of the remaining portion of the preliminary plat shall automatically gain an extension of one (1) year, up to a maximum number of years specified by the Planning Director at the time of approval of the initial phase. If no Final Plat is submitted, an extension may be granted by the Planning Director of one, one year period for good cause.

1.

"Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a Final Plat was not approved by the deadline. Examples of good cause include delays in preparation of the Final Plat, delays in scheduling a Final Plat for the required public hearings, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

H.

Final Plat Procedure. Final Plats shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 this Chapter.

1.

Approval Criteria. Upon receipt of all final application requirements, the Planning Director shall approve, conditionally approve, or deny the final plat based on the approval criteria in this section. The Planning Director shall confirm that:

a.

The Final Plat complies with the requirements of this LUDC; and

b.

The Final Plat will comply with the applicable technical standards and specifications outlined in this LUDC.

I.

Recording. Following the approval of a major subdivision, the subdivider or their agent shall submit one copy of the major subdivisionplat on suitable drafting film as approved with the notarized signatures of all owners and the surveyor within six months following its approval. The major subdivision shall be signed by the City's authorized representative. The Final Plat shall then be recorded in the office of the County Clerk and Recorder within thirty (30) days of approval.

J.

Improvement Guarantee. Approval of a Final Plat authorizes the subdivider to proceed with the subdivision. However, no lot(s) shall be sold unless either the required improvements have been installed and accepted by the City or the cost of said improvements have been financially assured per Section 18.05.2.3.

K.

Expiration. Approval of the Final Plat by the City Council shall be deemed as its certification. Failure to submit the approved Final Plat for recording within one year after the date of the City Council approval shall void the approval and the subdivider shall be required to submit a new Major Subdivision application for review. Prior to expiration, the Planning Director may grant one extension for a period of not more than six months upon the subdivider's request and for good cause.

1.

"Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a Final Plat was not approved by the deadline. Examples of good cause include delays in preparation of the Final Plat, delays in scheduling a Final Plat for the required public hearings, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

A.

Purpose. The Planning Commission may approve or recommend to Council subdivision waivers from these regulations pursuant to the procedures for the specific application type.

B.

Applicability. This section applies to plat applications.

C.

Procedure. Procedure. All applications for a subdivision waiver shall follow the General Development Review Procedures as described in Section 18.06.3 of this LUDC.

1.

Submittals. Submittal of a request for subdivision waiver shall accompany a plat and in accordance with the submittal schedule which applies to the type of plat application being submitted.

2.

Approval. Subdivision waivers may be approved either by the Planning Commission or City Council depending on the final approval authority of the plat application associated with the waiver request. If the approval authority is administrative for the associated plat application, a waiver request shall raise the approval authority to the City Planning Commission. Approval of the plat associated with the requested waiver shall constitute approval of the waiver. Failure by the subdivider or his agent to submit the plat on a form suitable to the Planning Director following approval, as required by these regulations, shall render approval of the waiver void.

3.

The subdivider or their designated agent, shall pay a fee based on the fee schedule to the City upon submittal to the Planning Director a request for waiver of any requirements of these regulations.

D.

Approval Criteria. Subdivision waivers shall be approved or recommended for approval only in cases where unique or exceptional site conditions make strict compliance with the subdivision standards otherwise impractical, or where a waiver of the standard would result in a greater benefit to the surrounding area or the community at large. Subdivision waivers shall not be granted for the following:

1.

Subdivision approval procedures;

2.

Any rights-of-way required by the City;

3.

Mitigation requirements associated with natural hazards and/or geologic hazard conditions pursuant to Section 18.03.10;

4.

Such waivers shall not be granted if it would be detrimental to the public good, would result in adverse conditions, or inadequate mitigation of such conditions, on the site or surrounding properties, or would otherwise impair the intent and purpose of these regulations. The conditions of any waiver shall be stated in writing in the minutes of the Planning Commission or City Council with the justifications set forth.

A.

Purpose. The Waiver of Replat allows for amendments to previously-approved plats without going through the Final Plat process.

B.

Approval Criteria.

1.

The Waiver of Replat procedure applies to land that meets all of the following criteria:

a.

The property has been previously platted into lots and/or blocks.

b.

If the legal description of the subject property consists of a portion of one or more platted lots, proof must be provided that any illegal subdivision of the property was completed at least eighteen years before submission of the waiver of replat.

c.

The owner agrees to dedicate any rights-of-way that would normally be required as a condition of a replat. If this is required, the owner must dedicate the rights-of-way by a separate deed and pay for the preparation and recording of the deed after the deed is approved by the City.

d.

No major public improvements such as drainage structures are required.

e.

Approved direct access to an acceptable, existing public right-of-way exists.

f.

The applicant agrees to pay applicable fees that would normally be paid prior to recording of the replat.

g.

The applicant agrees to dedicate easements required for public use as required by the City.

h.

No structures exist across property lines.

2.

In addition to the criteria in Section 18.06.4.17(B)(1), one of the following criteria shall also be met:

a.

The parcel is a Lot of Record;

b.

The subdivision proposes to consolidate two or more whole platted lots that are zoned in the same district and such consolidation conforms with all applicable requirements of the base zoning district; or

c.

The parcel is a Lot of Record and the applicant intends to vacate all or a portion of an unplatted right-of-way.

d.

The parcel is less than two and one half acres, is located in a floodplain, and has been developed prior to January 2024.

C.

Procedure.

1.

General Requirement. All applications for a Waiver of Replat shall follow the general development review procedures as described in Section 18.06.3 of this LUDC.

2.

Submittal Requirements. Applications for a Waiver of Replat shall meet the submittal requirements as found in the Waiver of Replat Checklist.

3.

Decision & Approval Criteria. The Planning Director shall either approve, approve with conditions, or deny the request based upon compliance with the criteria in this Section. If the Planning Director approves the request with conditions, the applicant shall fulfill the conditions of approval prior to the approval of a building permit.

4.

Recording. If the Planning Director approves the request, the plat shall be recorded with the El Paso County Clerk and Recorder's Office within thirty days of approval.

A.

Purpose. Dedicated easements for utilities and drainage purposes may be vacated, in whole or in part, in the event the City determines that all or a portion of the easement is unnecessary or infeasible for future public use.

B.

Applicability. A Vacation of Easement is applicable to existing platted easements.

C.

Procedure. Applications for a Vacation of Easement shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter Submittal Requirements. No application shall be set for a public hearing concerning a Vacation of Easement until the applicant has completed the submittal requirements as found in the Vacation of Easement Checklist.

D.

Approval Criteria. Easements may not be vacated if such action would deprive abutting properties of adequate, legal access to existing or proposed public utilities or drainage installations. Approval of an ordinance vacating an easement by the City Council shall include a finding based on this section of the LUDC and shall be deemed as certification of the easement vacation. The Planning Department shall forward a signed copy of the vacation ordinance to the El Paso County Clerk and Recorder for recording.

E.

Expiration. Failure of the applicant to submit any revised information or legal description which enables the ordinance to be processed as approved within three months, shall render such approval void.

A.

Purpose. Dedicated rights-of-way may be vacated, in whole or in part, in the event the City determines that use of all, or a portion, of the right-of-way is unnecessary or infeasible for future public access.

B.

Applicability. This Section shall apply to all requests to vacate all rights, interests, or title of the City in and to any right-of-way (street, road, alley, or other public way), access easement, or other easement located within the City. Title to vacated roadways shall vest in accordance with C.R.S. § 43-2-302, as may be amended from time to time.

C.

Procedure. Applications for a Vacation of Right-of-Way shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter.

D.

Submittal Requirements. No application shall be set for a public hearing concerning a Vacation of Right-of-Way until the applicant has completed the submittal requirements as found in the Vacation of Right-of-Way Checklist.

E.

Final Approval. Approval of an ordinance vacating the rights-of-way by the City Council shall be deemed as certification of the vacation. With this certification, the Planning Department shall forward a signed copy of the vacation ordinance to the county clerk and recorder for recording. Failure of the applicant to submit any revised information or legal description which enables the ordinance to be processed as approved within three months following approval shall render vacation of rights-of-way approval void.

F.

Approval Criteria.

1.

The vacation is consistent with the Comprehensive Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan;

2.

The land to be vacated is no longer necessary for the public use and convenience;

3.

The right-of-way within the subdivision is no longer needed for public transportation purposes;

4.

The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes;

5.

Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked parcels or deprive abutting properties of adequate, legal access;

6.

The vacation will not adversely impact the health, safety and/or welfare of the general community, or reduce the quality of public facilities or services provided to any parcel of land, including but not limited to police/fire protection, access, and utility service; and

7.

The vacation is consistent with the purpose of this LUDC.

G.

Recording. Following the approval of a Vacation of Right-of-Way, the subdivider or their agent shall submit one copy of the Vacation of Right-of-Way on suitable drafting film as approved with the notarized signatures of all owners and the surveyor within six months following its approval. The Vacation of Plat shall be signed by the City's authorized representative. The Vacation of Plat shall then be recorded in the office of the County Clerk and Recorder within thirty (30) days of approval.

H.

Expiration. Approval of the Vacation of Plat by the City Council shall be deemed as its certification. Failure by the City to submit one copy of the Vacation of Plat on suitable drafting film as approved with the owner(s)'s and surveyor's signatures notarized within six months following its approval shall render approval void. An extension may be granted by the Planning Director of one, six-month period for good cause. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a Final Plat was not approved by the deadline. Examples of good cause include delays in preparation of the Final Plat, delays in scheduling a Final Plat for the required public hearings, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

A.

Purpose. The purpose of a boundary adjustment is to make minor changes to lots that are of a small, technical nature, but largely do not otherwise affect existing plats.

B.

Applicability. A boundary adjustment may only be made to a previously approved final plat and must meet the criteria listed in this section. Only two whole platted lots or a platted lot and a platted tract may be involved in a single action. Neither lot involved may have received a prior Property Boundary Adjustment or approval of a Waiver of Replat. The fifteen percent (15%) limitation in Subsection E below may not be circumvented by submitting a series of Property Boundary/Lot Line Adjustment requests.

C.

Procedure. Applications for a Boundary Adjustment shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter.

D.

Submittal Requirements. Applications for Boundary Adjustment shall meet the submittal requirements as found in the Boundary Adjustment Checklist.

E.

Easements. Existing platted easements adjacent to boundary being adjusted shall remain in their original locations as platted or shall be relocated through a Vacation of Easement application.

F.

Approval Criteria. To be considered a boundary adjustment and not a replat, the proposed boundary adjustment must meet all of the following criteria:

1.

The property line is not increasing or decreasing an existing lot by more than fifteen percent (15%).

2.

The boundary adjustment does not increase or decrease the number of lots, tracts, or parcels or create new lots, tracts, or parcels;

3.

The boundary adjustment does not affect a recorded easement without the prior approval of the easement holder;

4.

Right-of-way is not affected or changed;

5.

The boundary adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use;

6.

The boundary adjustment shall comply with all other applicable requirements of this LUDC and all other applicable regulations and requirements.

G.

Expiration. Failure to submit the approved Boundary Adjustment for recording within one year after the date of approval shall void the approval and the subdivider shall be required to submit a new application for review.

A.

Purpose. The purpose of a revised final plat is to make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The City Council may allow such modifications according to the criteria within this Section.

B.

Applicability. A revised final plat may only be considered on approved final plats.

C.

Criteria. To be considered a revised final plat and not a replat, the revised plat must meet all of the following criteria:

1.

The revised plat is in substantial conformance with the original approved plat.

2.

The revised final plat does not increase the number of lots or parcels or create new lots or parcels;

3.

The revised final plat does not eliminate or move a recorded easement without the prior approval of the easement holder;

4.

The revised final plat will not create any nonconformities or increase the degree of nonconformity of any existing structure or use;

5.

The revised final plat is compliant with all other applicable requirements of this LUDC and all other applicable regulations and requirements.

D.

Procedure. All applications for a revised final plat follow the general development review procedures as described in Section 18.06.3 of this LUDC.

A.

Purpose. Sign Permits are intended to ensure that signage in the City is in conformance with the City's adopted signage requirements found within this LUDC.

B.

Applicability. No signs requiring a sign permit shall be erected, installed, relocated or displayed without prior City approval and issuance of a sign permit. A building permit may also be required prior to any construction of a sign.

C.

Expiration. Permits issued for signs which are not erected shall expire three months from the date of issuance.

D.

Procedure. Sign Permits shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter. If an application is in compliance, the Planning Director shall issue the required permit. If not in compliance, additional information will be requested from the applicant, or the application will be denied.

A.

Purpose. This LUDC prescribes standards and criteria for judging how a development will affect the terrain, drainage, or vegetation, and/or to ensure the proposed grading matches the preliminary grading plan as approved as part of a Major Development Plan. This permit is required before any construction or earthwork meeting the criteria below takes place, or minerals and material are removed. This permit also shall prescribe erosion control measures to protect public and private property. The purpose of this section is to protect the health, safety, and welfare of the citizens of Manitou Springs by:

1.

Ensuring that the development of each site minimizes adverse impacts to adjacent properties by adequately addressing drainage, erosion, earth movement, and geologic hazards;

2.

Ensuring that the construction of a development will be as unobtrusive to the natural terrain as possible;

3.

Ensuring to the maximum extent practicable the retention of natural vegetation to aid in protection against erosion, earth movement, and other similar hazards and to aid in preservation of natural scenic qualities of the City;

4.

Reducing air pollution caused by dust blown from areas under development;

5.

Preventing the premature cutting of roads and building sites.

B.

Applicability. No person shall commence or proceed with any modification of the natural terrain without seeking and obtaining a Grading and Erosion Control Permit from the Planning Director, if such modification will result in any of the following:

1.

An excavation, fill, or combination in excess of one hundred cubic yards;

2.

An excavation which will be three or more feet below the ground surface for an area over five hundred square feet or more;

3.

A fill that will be three or more feet above the ground surface, for an area over five hundred square feet or more;

4.

An excavation or fill by a developer or contractor not working on behalf of the City or a Public Utility that falls within a public drainage easement, a public right-of-way, or any other public utilityeasement. This includes the preparation of roads or sidewalk;

5.

Vegetation removal over an area five hundred square feet or more; or

6.

Mining, quarrying, or gravel operations.

7.

Land disturbing activity meeting the definition of Applicable Construction Activity as defined in Title 14.

C.

Submittal. Grading permit submittals shall follow the general application procedures in Section 18.06.3 of this Chapter. Applicants shall make a submittal to the Planning Department in accordance with the Grading and Erosion Control Permit Checklist.

1.

Grading and Erosion Control Plan. A Grading and Erosion Control (GEC) Plan shall be submitted for all applicable construction activity and applicable development sites. The intent of the GEC Plan is to provide for overall construction, subdivision or development grading design as part of the engineering required for review and approval by the City. This plan is done at the time construction drawings are prepared by the Professional Engineer working for the project owner. Cuts and fills are analyzed for balance, slopes and contours are proposed, and permanent stormwater control measures are designed as an integral part of the engineering design.

2.

Applicable construction activity and applicable development sites, as defined in Title 14 shall comply with the additional requirements of Title 14.

D.

Exemptions. No permit shall be required when grading is performed in the following circumstances:

1.

Solid waste disposal sites operated by the public or under public regulations;

2.

An excavation by the City for the purpose of maintenance of City utilities, buildings, streets, drainage, or easements;

3.

Construction does not include routine maintenance to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. Activities to conduct repairs that are not part of regular maintenance or for replacement are construction activities and are not routine maintenance;

4.

Sites that meet the criteria for an exemption as defined Title 14.

E.

Procedure. Grading and Erosion Control Permits shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3. of this Chapter. The Planning Director may approve, disapprove, or conditionally approve the application. Major or Minor Development Plans, Variances, or any other Planning Permission associated with the proposed grading activity shall be approved by the City prior to issuance of a grading permit.

1.

In addition to the General Application procedures outlined in this Chapter, applicable construction activities shall follow the application procedures outlined in Chapter 14.02 of Title 14.

2.

Compliance. Inspections for compliance of the work and administration of the permit shall be done by the Planning Department. Periodic inspections of applicable construction activity shall be performed by the Manitou Springs Stormwater Department consistent with Title 14.

3.

Denial of Permit. When, upon determination by the Planning Director, the work proposed by the applicant is contrary to the purposes of this Chapter, the Grading and Erosion Control Permit shall be denied. Factors to be considered in the denial shall include, but not be limited to: Possible saturation of fill and unsupported cut by water, both natural and domestic runoff surface waters that cause erosion, and silting of drainageways; subsurface conditions such as the rock strata and faults, nature and type of soil or rock that when disturbed by the proposed grading may create earth movement and produce slopes that cannot be landscaped and excessive and unnecessary scaring of the natural landscape through grading or removal of vegetation.

4.

Conditions of Issuance. A permit may be issued with conditions including but not limited to the following:

a.

Limitation of the hours of operation or the period of year in which work may be performed;

b.

Restrictions as to the size and type of equipment;

c.

Designations of routes upon which materials may be transported;

d.

The place and manner of disposal of excavated materials;

e.

Requirements as to the laying of dust and tracking of dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public, or any portion thereof;

f.

Designation of maximum or minimum slopes to be used if they vary from those prescribed in this LUDC;

g.

Regulations as to the use of public streets and places in the course of the work;

h.

Regulations as to the degree of compaction of fill material;

i.

Requirements as to paving private driveways and roads constructed under the permit;

j.

Requirements for safe and adequate drainage of the site;

k.

A requirement that crews and equipment be provided at the site during storms to prevent incomplete work from endangering life or property;

l.

Requirements for fencing of excavation or fills, which would be hazardous without such fencing.

F.

Failure to Start a Major Development. If an application for a Grading and Erosion Control Permit for a major development is not made within twelve months after planning permission has been granted by the Planning Director, Planning Commission, or City Council then that permission will lapse. An extension may be granted by the Planning Director of one, twelve-month period for good cause. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a Grading and Erosion Control Permit was not submitted by the deadline. Examples of good cause include delays in plan or report preparation, inability to secure financing in a timely manner, unforeseen conditions at the property such as soils or drainage problems, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

G.

Failure to Start a Minor Development. If final inspection approval by the Planning Director of a Grading Permit for a minor development is not made within six months after permission has been granted by the Planning Director, Planning Commission or City Council then that permission will lapse. An extension may be granted by the Planning Director of one, six-month period for good cause. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a Grading and Erosion Control Permit was not submitted by the deadline. Examples of good cause include delays in plan or report preparation, inability to secure financing in a timely manner, unforeseen conditions at the property such as soils or drainage problems, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

H.

Expiration. If work within the Grading and Erosion Control Permit's scope does not commence within twelve months of approval, the permit shall expire. An extension may be granted by the Planning Director of one, twelve-month period for good cause. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why work did not commence within the allotted timeframe. Examples of good cause include delays in available labor or materials, unforeseen conditions at the property such as soils or drainage problems, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

I.

Reclamation. If a proposed development is abandoned after commencing work within the scope of the approved Grading and Erosion Control Permit, the owner of the property for which the permit was granted shall file a reclamation plan for approval by the Planning Director. The reclamation plan shall be designed to return the site to as close to the condition existing prior to grading as deemed reasonable by the Planning Director. If a reclamation plan is not submitted, the property owner may be subject to violations and punishment as outlined in Section 18.06.4.27.

J.

Financial Security Required. The applicant for a Grading and Erosion Control Permit may be required to file a financial security in the form of a surety bond, irrevocable letter of credit, or evidence of cash held in escrow by the City or other such guarantee satisfactory to the City, in an amount deemed sufficient by the City Engineer to cover all costs of reclamation of the site in the event that the improvements are not in accordance with the approved Grading and Erosion Control Permit. Said security shall be returned to the applicant within thirty days of final approval of the improvements by the Planning Director. In such case that use of the security as described above occurs, any monies in excess of that required for reclamation shall be returned to the applicant.

K.

Erosion Control. All cut and fill surfaces created by grading and subject to erosion except plowing or discing for agricultural or fire break purposes shall be planted with a ground cover that is compatible with the natural ground covers in the City and that will thrive with little or no maintenance once established.

1.

Top soils are to be stockpiled during rough grading and used on cut and fill slopes.

2.

On slopes likely to be extensively disturbed by later construction, an interim ground cover may be planted to be supplemented by the permanent ground cover and/or shrubs and trees when the site is finally developed and landscaped.

3.

The City may require retaining walls on steep slopes unless the stability of a cut on such slope is certified by a licensed Engineer.

4.

All areas along public roads disturbed by cuts and fills shall be re-landscaped with groundcover or plant material to match that existing prior to disturbance.

L.

Air Pollution Control. Efforts shall be made to abate the dust caused by the development of sites. Such methods as watering, erosion controls, chemical treatment, etc., shall be used in order to minimize dust.

M.

Responsibility. Failure of the City officials to observe and recognize hazardous or unsightly conditions, or to deny or recommend denial of the Grading and Erosion Control Permit, shall not relieve the permittee of responsibility for the condition or damages resulting therefrom, and shall not result in the City of Manitou Springs, its officer, or agents, being responsible for the conditions or damages resulting therefrom.

A.

Purpose. The purpose of the wireless facility permit is to provide a procedure to permit wireless facilities to ensure that the facility will be designed and sited in a manner that complies with the provisions of this chapter, and in such a way to minimize negative impacts on surrounding property.

B.

Applicability. Wireless facility permits are required for all new wireless facilities constructed, collocated or modified, unless a conditional use permit is required.

C.

Submittal. Wireless facility permit submittals shall follow the general application procedures in Section 18.06.3 of this Chapter. Applicants shall make a submittal to the Planning Department in accordance with the Wireless Facility Permit Checklist.

D.

Procedure. Applications shall follow the general application procedures as described in Section 18.06.3 of this Chapter for review and final approval by the Planning Director.

1.

Consolidated Applications for Small Cell Facilities. A telecommunications provider or broadband provider may file a consolidated application to receive a single permit for small cell networks involving multiple individual small cell facilities within the City. However, each small cell facility within the consolidated application individually remains subject to review for compliance with the requirements provided in this chapter. Applicant shall limit consolidated applications to no more than twenty locations in any thirty-day period.

2.

Incomplete Applications.

a.

When an application is incomplete, the City shall provide written notice to the applicant within thirty days, specifically identifying all missing documents or information.

b.

If an application remains incomplete after a supplemental submission, the City shall notify the applicant within ten days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness.

3.

Review Procedures and Deadlines for Small Cell Wireless Facilities.

a.

Collocation/Replacement/Modification. Applications for the collocation of a small cell wireless facility or for the replacement or modification of a small cell wireless facility shall be approved or denied by the Planning Director within sixty days of the date of the City's receipt of the completed application.

b.

New Small Cell Wireless Facility. Applications for a small cell wireless facility at a new site shall be approved or denied by the Planning Director within ninety days of the date of receipt of the completed application.

c.

Eligible Non-Small Cell Wireless Facilities. Eligible facilities requests for non-small cell wireless facilities shall be approved or denied by the Planning Director within ninety days of the date of receipt of the completed application.

d.

Non-Eligible Non-Small Cell Wireless Facilities. Applications for non-small cell wireless facilities at new sites shall be reviewed under the Conditional Use review procedures and shall be approved or denied within one hundred fifty days of the date of receipt of the completed application.

4.

Review.

a.

Criteria for Approval or Denial of Application. In considering an application for location or co-location of a wireless facility, the City shall base the decision as to the approval or denial of the application on whether the proposed wireless facility meets the applicable standards set forth in this chapter.

b.

Denial. A final decision by the City to deny any application under this chapter shall be in writing and supported by substantial evidence contained in a written record.

5.

Tolling. The timeframe for review of an application commences upon the filing of an application and may be tolled only by mutual agreement of the City and the applicant, or in cases where the City determines that the application is incomplete and provides written notice of same to the applicant.

A.

Purpose. The purpose of the hillside development plan is to provide a procedure that allows development within the Hillside Low Density Residential (HLDR) district while avoiding areas most susceptible to natural hazards within the district, and ensuring adequate mitigation when strict avoidance is not feasible.

B.

Applicability. Hillside Site Plans are required for the construction of a new Single-Household Detacheddwelling within the Hillside Low Density Residential (HLDR) Zoning District and shall replace the requirement for a Minor Site Plan.

C.

Submittal. Applicants shall make a submittal to the Planning Department in accordance to the Hillside Development Plan Checklist.

D.

Procedure. Applications for a Hillside Site Plan shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter.

E.

Approval Criteria. The Planning Director shall approve the request if:

a.

The highest, and/or most visible portions of site, along with the least accessible areas of site, shall be preserved;

b.

Significant natural features and vegetation are preserved;

c.

The request complies with all the development standards for the HLDR zone in Section 18.02.2.4 and other requirements of this LUDC.

F.

Final Approval. Final approval for occupancy by PPRBD and the Planning Director shall not be granted unless the Grading and Erosion Control Plan, Drainage Plan, and conformance with Section 18.02.2.4 (Hillside Low Density Residential Standards), have been met. A stop order, a cease and desist order, or such other remedy as may be deemed appropriate by the City, may be utilized during construction to assure compliance with the standards contained within this LUDC.

G.

Expiration. If no building permit is issued for an alteration requiring the issuance of a Building Permit within twelve months after planning permission has been granted then that permission will lapse, unless good cause can be shown to the City Planning Director. In the event that good cause is shown, the permission may be extended by the City Planning Director for up to one, twelve-month period. "Good cause" for purposes of this section shall mean justifiable and reasonable reasons why a building permit was not issued by the deadline. Examples of good cause include delays in building permit review by the reviewing agency, inability to secure financing in a timely manner, and similar causes not solely the result of the applicant's failure to pursue the development with due diligence.

A.

Purpose. The purpose of the minor modification is to provide an administrative procedure that allows approved plans, to be modified following application approval prior to implementation or construction. In no case shall the request for modification exceed what is allowed by zone, to include the result of cumulative requests.

B.

Applicability. A minor modification can be applied to any development application meeting the following criteria:

1.

Any change in nonresidential floor space up to five percent;

2.

A reduction in the amount of landscaped area up to five percent, provided the minimum amount of landscaping is provided on site pursuant to Section 18.03.6;

3.

An increase in the amount of land area covered by structures up to five percent, provided the total lot coverage complies with the maximum lot coverage requirements in Chapter 2;

4.

Minor changes in the location of streets and utilities for reasons not caused by the applicant.

C.

Submittal. Applicants shall make a submittal to the Planning Department in accordance to the Minor Modification Checklist.

D.

Procedure. Applications for a minor modification shall follow the General Application Procedures as outlined in Section 18.06.2 and further described in Section 18.06.3 of this Chapter.

E.

Approval Criteria:

1.

The minor modification does not result in an increase in the approved number of dwelling units;

2.

The minor modification does not result in a change in the housing mix or use mix ratio;

3.

The minor modification does not result in a change in the character of the development; and

4.

Mitigating measures are taken for any adverse impacts of the changes.

A.

Purpose. Development agreements are for the purpose of arranging specific unique details of a development proposal in order to have a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure.

B.

Procedure. A development agreement may only be approved by the Planning Director in conjunction with another submittal that has received full approval of the City.

C.

Standards.

1.

The Development Agreement shall include a list of all agreed-upon public improvements, an estimate of the cost of such improvements, the form of construction security for the improvements, and any other provisions or conditions deemed necessary by the City Council to ensure that all public improvements will be completed in a timely, cost-effective manner that meets the City's standards. A Development Agreement shall run with and be a burden upon the land described in the agreement.

2.

All public improvements shall be inspected by the Planning Director upon completion. If it is determined that the required or agreed upon public improvements are not constructed in compliance with specifications, a list of specific deficiencies shall be provided to the developer with the request that such deficiencies be corrected before preliminary approval will be granted. If it is determined that the developer will not construct any or all of the public improvements or remedy the deficiencies in accordance with the construction plans, the City Council may withdraw and employ from the construction security such funds as may be necessary to construct the public improvements or remedy deficiencies.

D.

The required time for the completion of all required improvements shall be two years from the recording date of the final plat. City Council may extend such time for completion at the request of the Developer. When such improvements are not completed within the required time, the City may use the collateral to complete the required improvements, revoke approval of the final plat, or notify PPRBD that no building permits shall be issued until the improvements have been completed and approved by the City.

E.

Warranty.

1.

All workmanship and materials for all required public improvements shall be warranted by the subdivider for a period of two years from the date of the City's acceptance of the required public improvements.

2.

The developer shall post a warranty security in an amount established by the City, in its sole discretion. The warranty security shall not exceed one hundred percent of the cost to reconstruct the improvements. The City shall not release the construction security until the City has granted final acceptance of the improvements.

3.

In the event that any other provision of this LUDC or specifications adopted pursuant thereto, or the Development Agreement requires a warranty of workmanship or materials for a different period of time or for a greater amount of construction security, that provision shall apply.

4.

The inspection or acceptance of any required improvement by the City shall not relieve the developer of their warranty of workmanship and materials.

F.

Private Improvements. The Development Agreement shall include language in the Development Agreement stating the developer agrees to construct all private improvements shown in the development plan and/or final plat documents in addition to public improvements. The developer shall also post sufficient construction assurance per Section 18.05.2.5, to complete said improvements in accordance with the approved design specifications and time limits.

G.

No subdivision plat shall be signed by the City or recorded, and no building permit shall be issued for development, until a Development Agreement between the City and the developer has been executed and construction assurance has been posted. The Development Agreement shall include a list of all agreed-upon private improvements, an estimate of the cost of such improvements, the form of financial guarantee, and any other provisions or conditions deemed necessary by the Planning Director or City Council to ensure that all private improvements will be completed in a timely, quality, and cost-effective manner.

A.

Purpose. The purpose of this Section is to provide the procedures for approval of a vested property right.

B.

Applicability.

1.

Vested rights may only be approved with the approval of a site-specific development plan.

2.

Applicants must request vesting in writing as a part of the site-specific development plan application.

3.

A vested right shall attach to and run with the applicable property. It shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific development plan.

C.

Procedure.

1.

City Council may approve vested rights as a part of an approval for a site-specific development plan and upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.

2.

Failure to abide by such terms and conditions in a site-specific development plan approval shall result in forfeiture of the vested rights.

3.

Zoning approvals shall not result in the creation of vested property rights.

D.

Notice.

1.

Not later than fourteen days following approval of a site-specific development plan, a notice advising the public of such approval and creation of a vested property right shall be published in a newspaper of general circulation in the City.

2.

Notice shall include the name of the plan, address of the project, and date of approval by City Council.

E.

Vesting Period and Expiration.

1.

Vested rights shall remain vested for three years or until such time as the site-specific development plan is either superseded or rescinded, whichever occurs first, unless otherwise approved by City Council, but in no case shall the vesting period be longer than twenty years.

2.

Amendments to site-specific development plans shall not affect vested rights unless expressly stated otherwise in the amendment.

F.

General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations that are general in nature and are applicable to all property. Such ordinances and regulations include but are not limited to building, fire, plumbing, electrical, mechanical codes, and other health and safety codes.

A.

Purpose. The purpose of this Section is to provide the procedures for City action for violations of this LUDC.

B.

Applicability. This section applies to any violation of this LUDC.

C.

Complaints Regarding Violations. Whenever a violation of these regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Neighborhood Services Officer. The Neighborhood Services Officer shall record properly such complaint, promptly investigate it, and take action thereon as provided by these regulations.

D.

Enforcement. The Planning Director shall have the authority to establish priorities for the abatement of zoning violations and implement appropriate procedures to abate each category of violations so established per the following:

1.

A Neighborhood Services Officer shall be charged with the responsibility of enforcing the provisions of this LUDC. The Neighborhood Services Officer shall make a periodic inspection, review complaints, and perform such other tasks necessary to ensure compliance with the provisions of this LUDC. In the event there is a violation of this LUDC, the Neighborhood Services Officer shall issue a written order in person or by registered mail to the violator or the property owner indicating the nature of the violation. The Neighborhood Services Officer shall only enter the property upon consent of the property owner.

2.

Emergency Abatement Order. If the Neighborhood Services Officer deems that an emergency exists that requires immediate action to protect the public health, safety, and welfare, the Planning Director may, without prior notice or hearing, issue an order stating that an emergency exists and requiring that such action be taken as deemed necessary to meet the emergency.

a.

It shall be unlawful for any person to whom an emergency order is issued to fail to comply with the emergency order immediately. In the event that the person to whom the emergency order was issued fails or refuses to immediately comply, the Neighborhood Services Officer may request, that the dangerous condition be removed, corrected or otherwise abated to an extent that it is no longer an imminent hazard to the public health, safety and welfare.

E.

Unlawful acts. Violations

1.

A violation of any term of this LUDC shall be subject to enforcement pursuant to this Section

2.

A violation of a condition attached to an approved development application or permit is a violation of this LUDC.

3.

Obtaining a development application or permit based on the submission of false or misleading application materials is a violation of this LUDC.

4.

No mistake, oversight or dereliction on the part of any official or employee of the City shall legalize, authorize or excuse the violation of any provisions of this LUDC.

5.

It is unlawful to sell, trade or otherwise convey any lot or parcel of land as a part of or in conformity with any plat, plan or replat of any subdivision within the area subject to application of these regulations unless said plan, plat or replat has been approved as prescribed herein and filed and recorded.

F.

Violation Penalty.

1.

Any individual or person acting as an agent for a subdivider who is found guilty of violating any of the provisions of these regulations shall be guilty of a misdemeanor and shall upon conviction thereof be punishable as provided for in Section 1.01.100, as amended. The sale of each and every lot sold in violation of these regulations shall be considered a separate violation. These penalties shall be in addition to any others that may be imposed.

2.

Fines and Imprisonment. It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure or to use any land in violation of this LUDC or any amendment thereto.

3.

Any person or entity that fails, violates or refuses to comply with any requirement of this Chapter shall be punishable as provided in Section 1.01.100 of the Manitou Springs Municipal Code, as amended.

4.

Continuing Offenses. Each day during which illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense.

5.

Termination of Use. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used in violation of any provision of this LUDC, the City of Manitou Springs or any owner of real estate within Manitou Springs, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such offensive erection, construction, reconstruction, alteration, maintenance, or use.

G.

Remedies. The City may use any or all of the powers listed below to enforce the provisions of this LUDC. Remedies provided in this Section shall be cumulative and in addition to any other remedies.

1.

Agreement to Abate. The Neighborhood Services Officer may enter into an agreement with a violator whereby the violator agrees to abate the violation within a certain time based upon certain conditions within the agreement. Should the violator not abide by the terms and conditions of the agreement to abate, the Neighborhood Services Officer may proceed with additional action.

2.

Notice of Violation. The Neighborhood Services Officer may issue a notice of violation ordering the cessation of an illegal condition within a specified period of time based upon the nature of the violation. Should the violator not comply with the notice and order within the period of time specified, or fail to appeal the notice and order in accordance with Section 1.01.100 within the applicable time period, the Neighborhood Services Officer may proceed with additional action.

3.

Suspension or Revocation of Permit or Approval. The Neighborhood Services Officer may issue a notice stating the alleged grounds for suspension or revocation and the date, time, and place of a hearing before the City Council, which shall hold a public hearing on the allegations contained in the notice to show cause.

a.

The City Council may suspend or revoke a permit if it finds, by a preponderance of the evidence, that the activity or structure described in the notice to show cause is in violation of this LUDC or a condition attached to a permit or approval related to the activity, structure, or property. Upon such a finding, the City Council shall revoke the permit or approval authorizing the activity or structure or shall suspend the permit or approval authorizing the activity or structure until activity or structure is in compliance with this LUDC and all conditions attached to any permit or approval related to the activity listed in the notice to show cause.

b.

A suspension or revocation shall be effective immediately upon the decision of the City Council

c.

Suspension or revocation on non-renewal of a permit may be in addition to any remedy provided for in this LUDC.

4.

Civil Action. The Neighborhood Services Officer, with the concurrence of City officials, may request the City Attorney to initiate a civil action in the District Court for injunctive relief to abate violations of this UDC.

5.

Reinspection Fees. The Neighborhood Services Officer may charge reinspection fees for LUDC violations per the City Council adopted Universal Fines and Fees Schedule.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023; Ord. No. 0324, § 1(Exh. A), 2-6-2024; Ord. No. 1325, §§ 2—5, 6-17-2025; Ord. No. 1525, § 2, 7-15-2025)