This Chapter shall be known and may be cited as the Milliken Land Use Code as it may be amended. Within this ordinance the Milliken Land Use Code shall simply be referred to as this Code or this Chapter.

(a)

The provisions of this Chapter pertain to all land, subdivision of property, buildings, structures, land uses, changes of land use and changes of structures, and development within the boundaries of the Town. No person shall use, develop, or subdivide any tract of land that is located within the Town except in conformity with the provisions of this Chapter.

(b)

A copy of a map showing the boundaries of the Town, the Official Zoning Map, and the area within the three-mile planning jurisdiction shall be available for public inspection in the Town Clerk's office.

(a)

This Chapter is adopted pursuant to the authority contained in the Colorado Revised Statutes (C.R.S.). Authority is granted to municipalities to establish a Planning Commission and to regulate subdivisions (Sections 31-23-202 and 31-23-214, C.R.S.); to regulate the division of land and buildings (Section 29-20-101, et. seq., C.R.S. and Section 29-20-104 C.R.S), to regulate land use and zoning (Section 31-23-301, et seq. C.R.S.); to provide for planned developments (Section 24-67-101, et seq., C.R.S.); to provide for vesting of property rights (Section 24-68-101, et. seq., C.R.S); to prohibit or regulate nuisances and to enforce its major street plan within three (3) miles of its boundaries (Sections 31-15-401—31-15-601, Section 31-23-212, and Section 31-23-213, C.R.S.); to adopt a comprehensive plan; and to generally plan for and regulate the use of land.

(b)

Pursuant to Section 31-23-227, C.R.S., the Board of Trustees assumes and reserves to itself the final authority over all acts, powers and duties assigned to a municipal planning commission under Part 2 of Article 23, Title 31, C.R.S.

(c)

Without limiting the generality of the forgoing, and notwithstanding anything to the contrary contained in this Chapter, the Board of Trustees reserves the final authority:

(1)

To adopt and amend subdivision regulations;

(2)

To authorize and accept public streets, parks and other public ways, grounds or open space, public buildings, and structures, and public or privately-owned public utilities;

(3)

To approve or disapprove subdivision plats; and

(4)

To adopt and amend zoning regulations.

(d)

The Planning Commission is delegated the authority to review and make recommendations to the Board of Trustees regarding such matters, but such recommendation shall not be binding on the Board of Trustees.

(e)

This Chapter is administered and enforced by the Town Administrator or a designee of the Town Administrator who shall be known as the enforcement official. The designee is the Community Development Director unless otherwise indicated in this Code.

(a)

This Chapter of the Code is intended to establish zoning districts to classify the use of land, and to provide for uniform performance standards and criteria for the design and layout of land. This Chapter is designed to:

(1)

Promote the health, safety, order, and welfare of the present and future residents of the Town of Milliken Implement the Town's goals, policies, plans, and programs;

(2)

Provide a diversity of housing types at various densities;

(3)

Promote logical extensions of and efficient use of the Town's infrastructure;

(4)

Protect and preserve agricultural and open lands;

(5)

Provide a safe, efficient, and connected transportation network;

(6)

Ensure that the fiscal impact of new development is borne by those parties who receive the benefits therefrom;

(7)

Support programs and help provide facilities that meet the recreational, cultural, public safety and educational needs of the community;

(8)

Promote cooperation and coordination in planning and growth management between the Town and neighboring jurisdictions;

(9)

Manage hazard risks and provide protection from geologic, flood and fire hazards and other dangers; and

(10)

Regulate such other matters as the Planning Commission and Town Board of Trustees may deem necessary

(a)

The interpretation and application of the provisions of this Chapter shall be held to be the minimum requirements for the promotion of public health, safety, morals, and general welfare. Where any provision of this Chapter imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by any other ordinance or by state statutes, the provisions of this Chapter shall govern.

(b)

These regulations are not intended to abrogate any private easement, covenant, agreement, or restriction. It is not the intent of these regulations, and it may not be implied or inferred, that the Town will enforce any private easement, covenant, agreement or restriction, such provisions being a function of the right of individual property owners to further or separately restrict the use of their property. These regulations shall not be interpreted to either enhance or diminish such private restrictions, and the existence of such private restrictions shall not affect the application or enforceability of these regulations.

(c)

Interpretation:

(1)

The words shall or must are mandatory and not discretionary.

(2)

The word may is optional and discretionary.

(3)

A building or structure includes any part thereof.

(4)

The word person includes a corporation, association, partnership, firm, or joint venture, as well as an individual.

(5)

Singular words include the plural.

(6)

Words used in the present tense include the future unless the context clearly indicates the contrary.

(7)

The particular controls the general.

(8)

In case of any difference of meaning or implication between the text of these regulations and the captions for each section, the text shall control.

(d)

Computation of time:

(1)

In computing a period of days, the first day is excluded and the last day is included.

(2)

If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.

(3)

If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

(a)

It is the intention of the Town that this Code implement the planning policies adopted in the Comprehensive Plan and other plans adopted for the Town and its extraterritorial planning area, as amended from time to time. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.

(1)

Requirement for Comprehensive Plan Amendment or Other Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan or other plan, an amendment to the Comprehensive Plan or other plan will be required prior to any zoning or subdivision approvals. A substantial conflict exists when a development proposal will result in changes from the designations of the Framework (Land Use) Plan Map, Transportation Plan Map, Parks and Open Space Plan, or other related Plans adopted by the Town.

(2)

Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan or other plan resulting from development proposals under this Code shall be evaluated according to the amendment process outlined in the Comprehensive Plan.

(a)

This Chapter is adopted by Ordinance No. 791 and is effective on May 8, 2021.

(b)

All land use, changes in land use, and development applications initiated on and after May 8, 2021, shall be reviewed pursuant to the review process and standards set forth in this Chapter, as adopted by Ordinance No. 791, and effective on that date. All land use applications submitted for review prior to May 8, 2021, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of this chapter which were in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any development application filed after the effective date of these regulations be reviewed under any such prior regulations.

(a)

Purpose. The purpose of this Section is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. Except as provided for in Section 24-68-106(3), no vested rights shall be created within the Town except through a site-specific development plan.

(b)

Request for Site Specific Development Plan Approval. For those developments for which the landowner wishes the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., the landowner shall request the approval in writing at least thirty (30) days prior to the date said approval is to be considered. Failure of the landowner to request such an approval renders the plan not a site-specific development plan, and no vested property rights shall be deemed to have been created.

(c)

Notice and Hearing. No site-specific development plan shall be approved until after a public hearing called for that purpose, preceded by notice of such hearing published as provided by law at least twenty-one (21) days before the hearing. Such notice may, at the Town's option, be combined with any other required notice. At such hearing, all interested persons shall have an opportunity to be heard.

(d)

Approvals, Effective Date, Amendments, Referendum, and Review.

(1)

A site-specific development plan shall be deemed approved upon the effective date of the ordinance granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan, including any amendments thereto.

(2)

The Board of Trustees may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval will result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.

(3)

In the event amendments to a site-specific development plan are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site-specific development plan, unless the Board of Trustees specifically finds to the contrary and incorporates such findings in its approval of the amendment.

(4)

The approval of vested property rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice to the general public of the site-specific development plan and creation of vested property rights.

(e)

Notice of Approval Creating a Vested Property Right.

(1)

Each map, plat or site plan or other document constituting a site-specific development plan shall contain the following notice: "Approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right.

(2)

In addition, the Town shall publish a notice describing generally the type and intensity of the use approved and the specific parcel or parcels of property affected and stating that a vested property right has been created. The notice shall be published once, not more than fourteen (14) days after approval of the site-specific development plan, in a newspaper of general circulation within the Town.

(f)

Duration of Vested Property Right. A property right which has been vested as provided herein shall remain vested for a period of three (3) years. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Board of Trustees in the ordinance approving such amendments.

(g)

Vested Rights by Separate Agreement. The Board of Trustees may, at its sole discretion, enter into a development agreement with a landowner and provide for the vesting of property rights for a period exceeding three (3) years where warranted, including but not limited to:

(1)

The project will clearly and significantly reduce impacts on the existing infrastructure.

(2)

The project will construct public facilities, water, sanitary sewer, drainage facilities and/or public streets that are oversized or extended to be of obvious strategic value to the community.

(3)

The project will provide public open space and/or public parkland significantly greater than required and/or provide public recreational facilities that are of obvious strategic value to the community.

(4)

A commercial project or commercial component of a mixed-use project must result in clear benefits to the Town as evidenced by new jobs and tax revenue.

(5)

The project will make special contributions that are clearly in the public interest.

(6)

Subsequent reviews. Such agreement shall provide for subsequent reviews and approvals by the Board of Trustees to ensure compliance with the terms and conditions of the original approval.

(h)

Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions of this Code pertaining to the development or use of property except as provided in the site-specific development plan.

(i)

Payment of Costs. In addition to any and all other fees and charges imposed by this Code, the application for a site-specific development plan shall pay all costs occasioned to the Town pertaining to such application, including but not limited to publication of notices, public hearing and review costs, county recording fees and review costs. The site-specific development plan shall not be recorded until all fees have been paid.

(j)

Limitations. Nothing in this Article is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Article shall be deemed to be repealed, and the provisions hereof no longer effective.

(k)

The Board of Trustees may consider approving vesting of property rights by separate agreement.

(a)

All applications submitted to the Town pursuant to this Chapter are subject to a nonrefundable fee as set forth in the Town of Milliken Fines and Fee Schedule, as the same may be amended from time to time by resolution of the Board of Trustees.

(b)

In addition to such fee, the applicant shall post a deposit as required by the adopted Fines and Fee Schedule and enter into a cost reimbursement agreement to reimburse all of the Town's actual costs of reviewing and processing any application filed pursuant to this Chapter. Unless exempted herein, no application submitted pursuant to this Chapter shall be processed unless the Town has received the applicable fee and a signed cost reimbursement agreement.

(c)

All incurred costs shall be paid in full prior to recording final documents and the issuance of permits.

(a)

Nothing in this Chapter shall be construed as a limitation upon the power of the Board of Trustees or Town Administrator, to correct obvious typographical or compositional errors, provided that:

(1)

Such corrections shall not change the legal effect of this Chapter or any part thereof.

(2)

Such corrections will be reported to the Planning Commission and the Board of Trustees.

(3)

An errata supplement shall be attached to all copies of this Chapter distributed subsequent to the making of such corrections.

(a)

Enforcement Responsibilities.

(1)

It shall be the duty of the Town Administrator or designee to enforce the provisions of this Chapter pertaining to the use, maintenance, erection, construction, reconstruction, alteration, moving, conversion or addition to any building or structure.

(2)

No permits shall be issued by any officer of the Town for the construction of any building or other improvements requiring a permit, upon land that has not been legally subdivided and in compliance with the subdivision regulations in this Chapter.

(3)

No building or construction permit shall be issued prior to approval of the plot plan or site plan.

(4)

No land use application shall be approved by staff, the Planning Commission or Board of Trustees unless such property is classified in the appropriate zoning district as defined in this Chapter.

(5)

Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to this Chapter who does not obtain the necessary approvals prescribed by this Chapter, who does not comply with permit, approval or variance requirements, who acts outside the authority of this Chapter, may be enjoined by the Town from engaging in such activity and may be subject to the procedures and penalties described below.

a.

The Town shall not accept any land use application for property currently being used or occupied in violation of this Chapter unless said application seeks to obtain an approval by the Town that would cause the property to be in compliance with the regulations of the Town.

b.

Appeals of enforcement actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Article shall be made to the Board of Adjustments in accordance with the provisions of Section 16-3-350 of this Chapter.

c.

This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection or failure to inspect or reinspect, or by reason of issuing a building permit or pursuing or failing to pursue an action for injunctive relief.

Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant or otherwise, who violates or causes the violation of any of the provisions of this Code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted or continues. An architect, builder, contractor, agent or other person who commits, participates in or assists in any such unlawful use of a building or land shall be guilty to the same extent as the owner or occupier of the land, and the owner shall be guilty whether or not he or she participates. Any person convicted of a violation shall be punished as set forth in Section 1-4-20 of this Code. No fine sentence shall be suspended except on the condition that the offender complies with this Code within a reasonable time.

(a)

If any part, section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this Chapter.

(b)

If the application of any provision of these regulations to any lot or tract of land shall be judged invalid, the same shall not affect, impair or invalidate these regulations or the application of any provision thereof to any other tract of land.