The purpose of this Article is to establish the procedures for all legislative and administrative functions of this Chapter.

(Prior code 16-21-3)

The decision-making, administrative and advisory bodies of the Town shall have the duties and responsibilities in the administration of this Chapter as set forth in this Division.

(Prior code 16-21-4; Ord. 16-2007 §1; Ord. 15-2008 §1)

(a)

In addition to any authority granted the Town Council by general or special law, the Town Council shall have the following powers and duties under the provisions of this Chapter:

(1)

Amendments to the text of this Chapter. To initiate, hear, review, consider and approve or disapprove by ordinance applications to amend the text of this Chapter.

(2)

Amendments to Official Zone District Map. To initiate, hear, review, consider and approve or disapprove by ordinance applications for amendment to the Official Zone District Map of this Chapter.

(3)

PUD. To hear, review, consider and approve or disapprove applications for preliminary and final plan for Planned Unit Development (PUD) District.

(4)

Conditional uses. To hear, review, consider and approve, approve with conditions or disapprove applications for conditional use permits.

(5)

Extensions. To hear, review, consider and determine whether to approve an extension of conditional use permits, preliminary plans or final PUD plans.

(6)

Expiration of permits. When appropriate, to initiate and determine when to take action that results in the expiration of the life of approved conditional use permits, preliminary plans, final plans and final plats for PUD.

(7)

Appeal decision/interpretation of Planning Director. To hear, review, consider and affirm, modify or reverse interpretations or decisions made under this Chapter.

(8)

To call up for review any final decision reached by the Planning and Zoning Commission. After review, Town Council may affirm, deny, or affirm with additional conditions the decision of the Planning and Zoning Commission.

(9)

To hear and decide appeals from any aggrieved party regarding any order, requirement, decision or determination made by any administrative official of the Town charged with the enforcement of this Chapter and the implementation of the Community Plan. The Town Council shall review these decisions to determine if the spirit of this Chapter was observed and public health and welfare was secured, and to ensure that the aggrieved party was not denied privileges enjoyed by other residents of the Town because of special circumstance applicable to their property. The Town Council may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed. Thereafter, either the Planning Director or Planning Commission shall implement the decision.

(b)

Town Council as Zoning Board of Appeals. The Town Council is hereby established as the Zoning Board of Appeals. The Town Clerk shall be responsible for recording and keeping minutes of the meetings. The Zoning Board of Appeals shall have the following powers and duties under the provisions of this Code: To hear, review, approve, approve with conditions or disapprove appeals for zoning and land use applications.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1; Ord. 15-2008 §1; Ord. 01-2015 §2)

(a)

Establishment. There is hereby established the Town Planning Commission composed of five (5) members, who shall act in accordance with the Charter, this Chapter, the direction of the Town Council and the ordinances of the Town, and shall be appointed and serve as provided in this Chapter.

(b)

Membership; appointment; terms. All the members of the Planning Commission shall be residents of the Town for one (1) year and qualified electors of the Town, and, if any member ceases to reside in the Town, his or her membership on the Commission shall terminate immediately. The terms of the members of the Planning Commission shall be for two (2) years on an overlapping basis and shall expire on March 31 of the year of termination.

(c)

Removal from office. Members of the Planning Commission shall serve at the will of the Town Council and shall be subject to removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings, malfeasance in office or any other reason the Town Council deems proper.

(d)

Vacancies. Vacancies on the Planning Commission shall occur whenever a member of the Planning Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of sixty (60) days, resigns, ceases to meet the qualifications for Planning Commission members or is convicted of a felony. Vacancies shall be filled by a majority vote of the Town Council.

(e)

Officers; meetings; rules. The Planning Commission shall elect its Chair from among the members and shall fill such other offices as it may determine. The term of the Chair shall be for one (1) year, with eligibility for reelection. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record kept in the office of the Town Clerk.

(f)

Powers and duties. In addition to any authority granted the Planning Commission by general or special law, the Planning Commission shall have the following powers and duties under the provisions of this Chapter:

(1)

Prepare Community Plan. To prepare or cause to be prepared a Community Plan or any element or portion thereof, for adoption by the Town Council.

(2)

Recommend amendments to the Community Plan. To initiate, hear, review, consider and recommend amendments to the Community Plan, or any element or portion thereof.

(3)

Make recommendations on land use proposals. To initiate, hear, review, consider and make recommendations to the Town Council on land use proposals concerning conformance with the Community Plan.

(4)

Recommend amendments to the text of this Chapter. To initiate and make recommendations to the Town Council to amend the text of this Chapter.

(5)

Recommend amendments to the Official Zone District Map. To initiate, hear, consider and make recommendations to the Town Council to approve or disapprove applications to amend the Official Zone District Map.

(6)

Recommend Planned Unit Development (PUD) District. To hear, review, consider and make recommendations to the Town Council to approve or disapprove applications for concept plan and preliminary plan for a Planned Unit Development (PUD) District.

(7)

Conditional uses. To hear, review, consider and make recommendations to the Town Council to approve, approve with conditions or disapprove conditional use applications.

(8)

Make expertise available. To make its special knowledge and expertise available upon written request and authorization of the Town Council to any official, department, board, commission or agency of the County, a city within the County, or the State or federal government.

(9)

Recommend rules of procedure. To recommend to the Town Council additional or amended rules of procedure not inconsistent with this Section to govern the Planning Commission's proceedings.

(10)

Make additional studies. To make studies of resources, possibilities and needs of the Town upon the authorization of the Town Council, and to report its findings and recommendations, with reference thereto, to the Town Council.

(11)

Other matters. To consider any other matters pertaining to the Planning Commission as provided by law, resolution or ordinance, to act in an advisory capacity to the Town Council when so requested and to perform all other powers and duties authorized and required by ordinance or state law.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1; Ord. 15-2008 §1)

The Planning Commission is hereby established as the Design Review Board. The Design Review Board shall have the following powers and duties under the provisions of this Chapter:

(1)

Prepare Design Review Standards and Guidelines. To prepare, or cause to be prepared or amended, the Design Review Standards and Guidelines or any element or portion thereof, for adoption by the Town Council.

(2)

To hear, review, consider and approve, approve with conditions or disapprove applications for design review approval.

(3)

To hear and decide upon appeals on design review decisions made by the Planning Department.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1)

The Planning Director shall be responsible to review, consider and render interpretations of this Chapter and the Official Zone District Map based upon an understanding of the purposes intended by the Town Council in its adoption. See also Article 1 of this Chapter. Where regulations for any zone district or general regulations of this Chapter differ for a specific condition, the more restrictive shall apply, except as approved and documented within a Planned Unit Development. The Planning Director shall have the following powers and duties:

(1)

Zoning compliance. To review, consider and approve, approve with conditions or deny applications for building permits, limited use permits and temporary use permits based on compliance with this Chapter.

(2)

Day-to-day administration. To undertake the day-to-day administration of this Chapter, including interpretations of this Chapter.

(3)

Process applications. To receive applications for development permits for processing pursuant to the terms of this Chapter.

(4)

Ensure adequate public notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of this Chapter.

(5)

Creation and appointment. The position of the Planning Director and the Planning Department are hereby created. The Planning Director shall be the department head of the Planning Department and shall be appointed by and serve at the pleasure of the Town Administrator.

(6)

Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Planning Director by other provisions of this Chapter, the Town Administrator and the Town Council, the Planning Director shall have the following jurisdiction, authorities and duties under these Land Use Regulations:

a.

Interpretation. To review, consider and render interpretations of the text of these Land Use Regulations and Character Area Zoning Map.

b.

Zoning compliance certifications. To hear, consider and approve, approve with conditions or disapprove applications for certificates of zoning compliance.

c.

Day-to-day administration. To undertake the day-to-day administration of these Land Use Regulations.

d.

Process applications. To receive applications for development permits for processing pursuant to the terms of these Land Use Regulations.

e.

Prepare staff report. To prepare a staff report for consideration by all recommending and decision-making bodies. The staff report shall address each standard in order to find compliance or noncompliance required to be considered by these Land Use Regulations prior to approval of the application, and recommend approval, approval with conditions or disapproval, whichever is appropriate. The staff report should be amended if required following all but the final hearing on the application.

f.

Ensure adequate public notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of these Land Use Regulations.

g.

Undertake comprehensive planning. To undertake the current and long-range comprehensive planning responsibilities of the Town.

h.

Review Master Plan. To review every five (5) years the Master Plan and these Land Use Regulations and recommend amendments to the Planning Commission.

i.

Coordination. To coordinate other local, regional, state and federal planning and permitting processes affecting development in or near the Town and to serve as liaison to such local, regional, state and federal planning agencies having jurisdiction over development in or near the Town.

j.

Inspect. To inspect for violations of these Land Use Regulations.

k.

Enforcement. To assist the Town Council, the Town Attorney and the Police Department in the enforcement of these Land Use Regulations.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1)

In addition to the jurisdiction, authority and duties which may be conferred upon the Town Attorney by other provisions of this Code, the Town Attorney shall have the following authority and duties under these Land Use Regulations:

(1)

Review as to form written findings of fact, resolutions and ordinances. To review as to form all written findings of fact; and to write or review all resolutions and ordinances or review those drafted by the Planning Director, the Planning Commission or the Town Council, in connection with any requirement of these Land Use Regulations.

(2)

Review as to form and content all legal instruments. To review as to form all subdivision improvement agreements, PUD agreements, development agreements, easements, declarations of covenants, letters of credit, performance guarantees or other such documentation in connection with any requirement of these Land Use Regulations.

(3)

Advise Town officials and boards. To advise the Planning Director, the Town Administrator, the Planning Commission, the Zoning Board of Appeals and the Town Council in regard to the legal issues which may arise during implementation of the Master Plan and these Land Use Regulations.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1; Ord. 15-2008 §1)

In addition to the jurisdiction, authority and duties which may be conferred upon the Town Engineer by other provisions of this Code, the Town Engineer shall have the following authority and duties under these Land Use Regulations:

(1)

Subdivision. To assist the Planning Director in the review of the applications for concept plans/preliminary PUD plans, final PUD plans and final plats for subdivision.

(2)

Variances to improvement standards. To assist the Planning Director in the review of applications for variances to improvement standards.

(Prior code 16-21-4; Ord. 6-2000 §1; Ord. 16-2007 §1)

(a)

Purpose. The purpose of this Division is to establish the procedures for all legislative and administrative functions of these Land Use Regulations. This includes interpretations, amendments to the Character Area Zoning Map and text of these Land Use Regulations, variance permits, variances from improvement standards, exemptions to subdivision, certificates of zoning compliance, building permits and appeals from decisions and interpretations of the Planning Director.

(b)

Provisions of general applicability.

(1)

Application forms. All applications for development permits shall be on the applicable Town forms, which shall be available from the administrative assistant or Planning Director. No application shall be accepted for consideration unless the information required in the form is found by the Planning Director to be provided in sufficient detail to evaluate the application to determine whether it complies with the substantive requirements of this Chapter.

(2)

Fees. All applications shall be accompanied by the applicable fee. The fee schedule shall be established and may be revised from time to time by the Town Council. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available from the Town Clerk during normal business hours.

(3)

All decisions or interpretations of the Planning Director may be appealed to the Planning Commission in twenty (20) days.

(4)

All decisions of the Planning Commission may be appealed to the Town Council in twenty (20) days.

(Prior code 16-21-5; Ord. 16-2007 §2; Ord. 15-2008 §1)

Application forms. All applications for development permits shall be submitted with the applicable Town forms, which shall be available from the Planning Department. No application shall be considered complete for review unless the requested numbers of copies of all required materials, twelve (12) minimum, are submitted in sufficient detail for the Planning Director to determine whether the application complies with the substantive requirements of these Land Use Regulations.

Water service. The Town shall not consider an application complete for review unless the applicant has obtained a Letter of Service from the Town for connection to the Town's water distribution system pursuant to Section 13-2-10(c).

(Prior code 16-21-6; Ord. 16-2007 §3; Ord. 4-2025 §2(Exh. A))

All applications shall be accompanied by the applicable fee required by the Town fee schedule. The fee schedule shall be established and may be revised from time to time by the Town Council. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available for review in the Planning Department during normal business hours.

(Prior code 16-21-6; Ord. 16-2007 §3)

(a)

General overview. A preapplication conference is required prior to the submission of any development application. The purpose of a preapplication conference is to familiarize the applicant with those provisions of these Land Use Regulations applicable to the proposed development and to confirm that the development review procedures will be consistent with state law.

(b)

Initiation of preapplication conference. The applicant shall provide to the Town Planner a description of the character, location and magnitude of the proposed development and the type of development permit sought.

(c)

Scheduling of preapplication conference. The Town Planner shall schedule a preapplication conference within fourteen (14) calendar days of receipt of a request for a preapplication conference, and shall notify the applicant of the time, date and place of the preapplication conference.

(d)

Review. At the preapplication conference, the applicant, the Town Planner and any other Town staff and/or district, county, state and/or federal representatives the Planning Director deems are appropriate to attend the preapplication conference shall discuss the proposed development and, based upon the information provided by the applicant and the provisions of these Land Use Regulations, determine in general what provisions of these Land Use Regulations apply to the proposed development. Depending on the magnitude or complexity of the project and the availability of other persons deemed necessary, the conference may be continued for a reasonable time at the request of the applicant or Town Planner.

(e)

Written summary. Within seven (7) calendar days of completion of the preapplication conference, the Town Planner shall provide to the applicant a written summary of the preapplication conference.

(Prior code 16-21-6; Ord. 16-2007 §3)

Unless otherwise stated in this Article, the initiation, submission, determination of completeness, staff review and notice and scheduling of public hearings on applications for development permits shall comply with the procedures of this Section.

(Prior code 16-21-6; Ord. 16-2007 §3)

Applications for development permits shall be submitted to the Planning Director by the owner, any other person having a recognized interest in the land for which the development is proposed or his or her authorized agent.

(1)

Applicant not the owner. If the applicant is not the owner of the land or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application.

(2)

Applicant not the sole owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners or an association representing the owners consenting to or joining in the application for development permit.

(Prior code 16-21-6; Ord. 16-2007 §3)

The application shall be submitted in a form established by these Land Use Regulations and made available to the public. All applications shall include, at a minimum, the following materials:

(1)

Applicant's identity. The applicant's name, mailing address, telephone and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address, telephone and fax number.

(2)

Legal description. The legal description and street address, if such exists, of the parcel on which development is proposed to occur.

(3)

Disclosure of ownership. A disclosure of ownership of the parcel on which the development is to occur, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements that run with the land. The disclosure of ownership may be in the form of a current certificate from a title insurance company, deed, ownership and encumbrance report, attorney's opinion or other documentation acceptable to the Town Attorney.

(4)

Vicinity map. An eleven-inch-by-seventeen-inch vicinity map, locating the subject parcel within the Town.

(5)

Written description. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards applicable to the application.

(6)

Environmental impact report, when applicable.

(7)

Adjacent property owners. A list of all adjacent property owners, compiled by the applicant using the most recent county ad valorem tax rolls (as available from the County Assessor), is required for all applications and shall be submitted to the Town Planner as part of the application for development. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of preaddressed envelopes.

(8)

Water service. Letter of Service from the Town for connection to the Town's water distribution system pursuant to Section 13-2-10(c).

(9)

Additional requirements. Submittal requirements as outlined in the specific development permit section of these Land Use Regulations.

(Prior code 16-21-6; Ord. 16-2007 §3; Ord. 4-2025 §2(Exh. A))

(a)

Within thirty (30) business days of receipt of the application, the Planning Director shall determine if the application is complete and includes sufficient data to evaluate the application to determine general compliance with the requirements of this Code. For large applications, the Planning Director may extend the completeness review period by an additional ten (10) business days by sending notice to the applicant. Upon acceptance of the application as complete, the Planning Director shall refer the application to Town staff, consultants, and other agencies as provided herein.

(1)

Determined incomplete. If the Planning Director determines that the application is incomplete, a written notice shall be mailed or emailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within one hundred eighty (180) calendar days, the Planning Director may determine the application is withdrawn and be returned to the applicant. The applicant may appeal the Planning Director's determination to the Town Council pursuant to these Land Use Regulations.

(2)

Determined complete. Within five (5) business days following the Planning Director's determination of completeness, the Planning Director shall notify the applicant specifying any changes needing to be made to the application prior to commencing the public referral process and specifying the number and manner of public referral copies of the application required for Town staff to facilitate the public referral.

(b)

Referral distribution. Within five (5) business days from the date that the requested number and type of referral copies are received by the Planning Department, the Planning Director or assigns shall distribute the application materials provided to the appropriate review agencies.

(1)

Referral time period. The length of the referral period shall be a maximum of twenty (20) business days for: PUD Preliminary Development Plan applications; PUD Final Plan applications; Preliminary Subdivision Plat applications; Final Subdivision Plat applications; Minor Type 'B' and Minor Type 'A' Subdivisions; Amended Final Plat applications; Correction Plat applications; Conditional Use Permit applications; Zone District Map Amendment applications; and Amendments to the Text of the Land Use Regulations applications.

(c)

Post referral period.

(1)

Within ten (10) business days following completion of the referral period, if the referral responses disclose deficiencies in the application, the Planning Director or assign will schedule a stakeholder meeting with the applicant and appropriate Town staff, consultants, or agency representatives deemed appropriate by the Planning Director. The purpose of the stakeholder meeting will be to discuss identified concerns of the Planning Department and/or referral agencies, and to determine the applicant's necessary course of action to adequately respond to and remedy identified concerns prior to establishment of the first public hearing date for the application.

(2)

Within ninety (90) business days, the applicant shall respond to and/or remedy all concerns, deficiencies and recommendations set forth in the referral responses received within the referral period and shall submit a written response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety (90) business days, and has not communicated a viable reason for delay to the Planning Director or assign, then the application may be considered withdrawn and returned to the applicant.

(3)

Following receipt of the applicant's response, the Planning Director or assign and any other Town staff, consultant, or other referral agency representatives who provided referral response shall review the resubmitted application materials and prepare written comments for the applicant clearly delineating which concerns, deficiencies and/or recommendations have been adequately addressed or remedied and which, if any, outstanding concerns, deficiencies and/or unsatisfied recommendations remain.

(4)

Upon written request of the applicant, the Planning Director may provide additional time to the applicant to address any concerns, deficiencies and/or recommendations that the applicant has not adequately addressed during the first post referral remedy period.

(5)

In the event the Planning Director and the applicant are not able to resolve deficiencies as delineated above, the applicant may request in writing that the application be scheduled for a public hearing. The applicant shall provide the Town with a written response detailing how referral comments have been addressed, or, if not addressed to the satisfaction of Town staff, consultants or other referral agencies, why the applicant was unable to address or remedy outstanding concerns, deficiencies or recommendations.

(d)

Following a determination by the Planning Director or assign that the applicant has successfully and adequately addressed or remedied all concerns, deficiencies and recommendations set forth in the referral responses; or, in the event the Planning Director or assign has received a written request by the applicant, the Planning Director or assign will schedule a public hearing as provided in Section 16-21-200 of this Code.

(Prior code 16-21-6; Ord. 16-2007 §3; Ord. 1-2021 §4)

Editor's note— Ord. 1-2021 §4, adopted Jan. 20, 2021, changed the title of § 16-21-180 from determination of completeness, to determination of completeness; referral.

The Town staff report shall describe whether the application complies with all appropriate standards of these Land Use Regulations. It shall also recommend any changes in the development, as submitted, and the conditions for approval, if any, necessary to bring the development into compliance with the appropriate review standards or disapproval. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development.

(1)

Except for a preliminary or final plat for subdivision or a preliminary plan or final plan/plat for PUD, within thirty (30) calendar days after mailing of notice that an application for which a public hearing is required is determined to be sufficient, the Planning Director shall refer the application to the appropriate review agencies, review the application and prepare a staff report.

(2)

The Town Planner shall have forty-five (45) calendar days from the date of a completeness determination to refer the application for a concept/preliminary plan or final plat for subdivision or a concept/ preliminary plan for PUD to the appropriate review agencies, review the application and prepare a staff report.

(3)

The staff report will be made available to the applicant and to the public no later than five (5) calendar days before the first scheduled public hearing on the application.

(Prior code 16-21-6; Ord. 16-2007 §3)

The planner shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 16-21-210 below, for a regularly scheduled meeting or a meeting specially called for that purpose by the decision-making, administrative or advisory body reviewing the application. The first public hearing shall be scheduled no later than sixty (60) calendar days after the application has been determined to be complete, providing sufficient time for a staff report to be prepared and for the public notice requirements to be satisfied.

(Prior code 16-21-6; Ord. 16-2007 §3)

A public hearing held pursuant to these Land Use Regulations shall comply with the following procedures.

(1)

Examination and copying of documents. At any time upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Department. Copies of such materials shall be made available upon reasonable notice and payment of a fee for copying pursuant to the Town's fee schedule.

(2)

Request for notification of public hearing. Notification of all public hearings shall be provided by the Planning Director to any person who requests notification in writing from the Planning Director and pays the costs of the processing and mailing of the notification. Notice may be requested and made available by e-mail at no charge.

(3)

Staff report. A staff report shall be available to the applicant and the public at least five (5) calendar days prior to the public hearing. The staff report shall address each standard/finding required to be considered by these Land Use Regulations prior to approval of the application, and recommend approval, approval with conditions or disapproval, whichever is appropriate. The staff report should be amended, if required, following all but the final hearing on the application.

(4)

Site visit. As part of its hearing to consider the application for a development permit, the advisory or decision-making body may inspect the site of the proposed development. Upon reasonable request of the Planning Director, the applicant shall mark the development site before the site visit to locate property boundaries, building envelopes and other site development features.

(Prior code 16-21-6; Ord. 16-2007 §3)

The conduct of a public hearing shall comply with the following procedures:

(1)

Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Upon request of the Chair or Mayor, anyone representing an organization shall present written evidence of his or her authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified, state an address and, if appearing on behalf of an organization, state the name and mailing address of the organization.

(2)

Order of proceedings. The order of the proceedings shall generally be as follows:

a.

Description. The Planning Director shall present a narrative and/or graphic description of the application.

b.

Staff report. The Planning Director shall present a staff report, which includes a written recommendation. This recommendation shall address each standard required to be considered by these Land Use Regulations prior to approval of the application.

c.

Applicant presentation. The applicant shall present any information the applicant deems appropriate.

d.

Public testimony. Public testimony shall be heard. The Chair or Mayor conducting the public hearing may limit the time of individual testimony to a reasonable time if required by the number of persons wishing to address the Planning Commission or Town Council at one (1) meeting. Further, he or she may exclude testimony or evidence that is found to be irrelevant, immaterial or unduly repetitious.

e.

Applicant response. The applicant may respond to any testimony or evidence presented by the public at the close of public testimony.

f.

Town staff response. Planning Department staff, the Town Attorney and any other Town staff may respond to any statement made by the applicant or the public following the applicant's response.

g.

Questions for clarification. With the recognition of the Chair or the Mayor, any member of the Planning Commission or the Town Council may ask questions for clarification, not for debate, of any member of the public testifying or the applicant.

(3)

Testimony. If any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing.

(4)

Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place.

a.

An applicant shall have the right to request and be granted one (1) continuance.

b.

All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown; however, no public hearing shall be continued for more than one hundred eighty (180) days from the date of commencement of the public hearing without the written consent of the applicant.

(5)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the final action on the application by the decision-making body.

(6)

Record.

a.

Recording of public hearing. The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape or videotape. A copy of the public hearing record may be acquired upon reasonable notice by any person upon application to the Planning Director and payment of a fee to cover the costs of duplication of the record, pursuant to the Town fee schedule.

b.

Record. The written or taped record of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary or Town Clerk, all applications, exhibits and papers submitted in any proceeding before the decision-making, administrative or advisory body, the staff report and the decision of the body, shall constitute the record.

c.

Location of record and inspection. All records of decision-making, administrative or advisory bodies shall be public records, open for inspection. Persons may determine the location of particular records by contacting the offices of the Planning Director during normal business.

(Prior code 16-21-6; Ord. 16-2007 §3)

All decision-making, administrative and advisory bodies and persons shall act in accord with the time limits established in these Land Use Regulations.

(1)

All action by decision-making and advisory bodies on applications under the Land Use Regulations on which action is not required to be by ordinance shall be by written resolution;

(2)

Findings. All decisions shall include at least:

a.

A clear statement of specific findings of fact and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in these Land Use Regulations; and

b.

A clear statement of approval, approval with conditions or disapproval.

(3)

Notification. Notification of the decision of a decision-making or administrative body shall be provided by the Planning Director to the applicant by mail. A copy of the decision shall also be made available to the applicant at the offices of the Planning Department, during normal business hours, within a reasonable period of time after the decision.

(4)

Substantial change from application considered by Planning Commission.

a.

Submittal to Planning Commission; public hearing. If, after the initial public hearing on an application for an amendment to the Character Area Zoning Map, the text of these Land Use Regulations or an application for preliminary plan for PUD, the Town Council proposes to consider approval of an application that constitutes a substantial change in or departure from the initial application considered by the Planning Commission which is not made solely to satisfy Planning Commission recommendations or conditions, the matter shall be submitted back to the Planning Commission for reconsideration at a public hearing. Public notification shall be provided pursuant to Section 16-21-610 of this Article, and the public hearing shall be conducted pursuant to Section 16-21-220 above. The Planning Commission shall consider the matter within thirty (30) calendar days of its submission from the Town Council. At the public hearing, the Planning Commission shall consider the submitted materials, any staff report and the testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Town Council either to approve or disapprove the application based on the standards applicable to the application and forward the application back to the Town Council.

b.

Action by Town Council. After receipt of the new recommendation from the Planning Commission, the Town Council shall conduct another public hearing on the application. Public notification shall be provided pursuant to Section 16-21-610 of this Article, and the public hearing shall be conducted pursuant to Section 16-21-220 above. At the public hearing, the Town Council shall consider the application, the relevant support materials, the Town staff report, the Planning Commission recommendation and the public testimony given at the public hearing. After the close of the public hearing, the Town Council, by a majority vote of the quorum present, shall approve or disapprove the application based on the standards applicable to the application. If the Planning Commission has recommended disapproval of the application, it shall only be approved by a vote of a majority of the entire membership of the Town Council.

(Prior code 16-21-6; Ord. 16-2007 §3)

If a preliminary plan for PUD, preliminary plan for subdivision, final plat for subdivision or special use permit is not extended pursuant to the applicable procedures for that type of application, the Town Council shall initiate a hearing pursuant to the following procedures to determine whether to extinguish the applicable approval:

(1)

Establishment of hearing date before Town Council. This process shall be initiated by the Town Council directing the Planning Director to notify the permittee by mail and at least thirty (30) calendar days in advance that a hearing has been scheduled before the Town Council on whether the applicable approval should be extinguished.

(2)

Hearing. At the hearing, the Town shall be represented by the Planning Director and the applicant shall be represented by himself, herself or his or her representative. All evidence shall be presented under oath, and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth below.

(3)

Findings. Within thirty (30) calendar days of the close of the hearing, the Town Council shall make based on the evidence submitted and the standards prescribed in this Chapter. The action of the Town Council shall become final immediately.

(4)

Standards. A preliminary plan for PUD, preliminary plan for subdivision, final plat for subdivision or special use permit for which an extension has not been granted shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that:

a.

Failure to proceed with the development of the application was beyond the applicant's control;

b.

The development is not speculative in nature;

c.

The development complies with these Land Use Regulations and the Master Plan; and

d.

There is reasonable likelihood that the next step in the development application will be submitted or the development itself will be initiated in the next two (2) years.

(Prior code 16-21-6; Ord. 16-2007 §3)

This land development review process is intended to encourage the efficient processing of applications. Applicants may request, and the Planning Director may permit, the simultaneous submission and review of all necessary development applications for a parcel of land. The Planning Director is authorized to waive any overlapping application submission requirements in the consolidated review.

(Prior code 16-21-6; Ord. 16-2007 §3)

Development shall not begin until the applicant has secured all permits required by these Land Use Regulations. An applicant who obtains a development permit shall not have assurance that the development will receive approval for subsequent permits, unless the additional applicable portions of these Land Use Regulations are met.

(Prior code 16-21-6; Ord. 16-2007 §3)

Unless otherwise stated in this Division, whenever any application (except for a certificate of zoning compliance) is denied by the Town Council for failure to meet the substantive requirements of these Land Use Regulations, no application for the same or a similar development proposal shall be accepted or considered for all or a part of the same or substantially the same land for a period of one (1) year after the date of disapproval, unless the applicant can demonstrate to the Planning Director that there has been a change of circumstances or conditions that affect the proposed development, or unless a majority of the membership of the Town Council determines that the prior disapproval was based on a material mistake of fact.

(Prior code 16-21-6; Ord. 16-2007 §3; Ord. 15-2008 §1)

(a)

General. The Planning Director shall be responsible for interpreting these Land Use Regulations, based upon an understanding of the purposes intended by the Town Council in their adoption.

(b)

Findings to be considered in rendering interpretations. In making interpretations to these Land Use Regulations, the Planning Director shall consider the following:

(1)

Public purpose. Before any interpretation is made, the purposes for which the regulation was initially adopted by the Town Council shall be identified.

(2)

Prevent the sacrifice of legitimate goals. These Land Use Regulations have been carefully designed by the Town to avoid regulations that either sacrifice legitimate public goals, including the protection of the environment and adjoining landowners, or require undue limitations on the ability of landowners to use their land in a manner consistent with the goals, objectives and policies of the Master Plan or the Character Area Zoning Map of the Master Plan. Great care has been taken to both balance the rights of competing groups and achieve maximum protection with flexibility and a range of use options. In interpreting these Regulations, the Town Planner's judgment should not be substituted for the legislative intent of the Town Council.

(c)

Procedure.

(1)

Initiation. An interpretation may be requested by any landowner or citizen in the Town or any person who has submitted a development application to the Town pursuant to the procedures and standards of these Land Use Regulations.

(2)

Submission of request for interprettation. Before an interpretation is provided by the Planning Director, a written request for interpretation shall be submitted to the Planning Director.

(3)

Rendering of interpretation. Within twenty-one (21) calendar days of the receipt of a request for interpretation, the Planning Director shall evaluate the request, taking into consideration the Master Plan, these Land Use Regulations and the Character Area Zoning Map, as applicable. Further, the Planning Director shall consult with the Town Attorney and then render an interpretation. The Planning Director shall mail the written interpretation to the person submitting the request for interpretation.

(d)

Record. The Planning Director shall maintain a record of all interpretations rendered. This record shall be available for public inspection in the Planning Department, upon reasonable request, during normal business hours.

(e)

Disclaimer. Any interpretation of these Land Use Regulations by the Planning Director shall apply only to the particular request for interpretation and shall not set a precedent for any other application, even on the same parcel or by the same applicant.

(Prior code 16-21-7)

All amendments to the text of these Land Use Regulations or amendments to the Character Area Zoning Map shall comply with the following procedures and meet the standards set forth in this Division.

(Prior code 16-21-8)

The purpose of this Division is to provide a means for changing the boundaries or any other map incorporated herein by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions.

(Prior code 16-22-8)

(a)

Map amendment. An application for an amendment to the Character Area Zoning Map or any other map incorporated in these Land Use Regulations may be proposed by the Town Council, the Planning Commission, the Planning Director or the owner or another person having a recognized interest in the land affected by a proposed amendment, or his or her authorized agent.

(b)

Regulation amendment. An application for an amendment to the text of these Land Use Regulations may be proposed by the Town Council, the Planning Commission, the Planning Director, the owner or another person having a recognized interest in land in the Town or his or her authorized agent, or any citizen of the Town.

(c)

Application contents. An application for an amendment to the Character Area Zoning Map, any other map incorporated in these Land Use Regulations or an application for an amendment to the text of these Land Use Regulations shall contain the materials specified in Section 16-21-690 of this Article and the following additional materials:

(1)

Precise wording. If the application is for an amendment to the text, the precise wording of the proposed change shall be provided.

(2)

Map amendment. If the application requests an amendment to the Character Area Zoning Map or any other map incorporated in these Land Use Regulations, it shall include a map showing the present Character Area and zoning, and other designations of the subject property and of all adjacent properties. For a proposed amendment to the Character Area Zoning Map, the map shall be a survey that accurately describes the dimensions of the subject property, including its size in square feet or acres. This survey shall be accompanied by a written statement or map describing the existing uses of the subject property and on adjacent properties and a conceptual site plan showing, in general terms, the property's proposed layout, use, density and the timing for its development.

(Prior code 16-21-8)

(a)

Review of applications. The submission of an application for an amendment, determination of its sufficiency, staff review and notice and scheduling of a public hearing for an application for amendment to the Character Area Zoning Map, any other map incorporated in these Land Use Regulations or the text of these Land Use Regulations shall comply with the procedures established in this Chapter.

(b)

Review and recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for amendment to the Character Area Zoning Map, any other map incorporated in these Land Use Regulations or the text of these Land Use Regulations. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the staff report and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Town Council either to approve or disapprove the application based on the standards in this Chapter and forward the application to the Town Council.

(c)

Action by Town Council. After receipt of the recommendation from the Planning Commission, the Town Council shall conduct a public hearing on the application. At the public hearing, the Town Council shall consider the application, the relevant support materials, the staff report, the Planning Commission recommendation and the public testimony given at the public hearing. After the close of the public hearing, the Town Council, by a majority vote of the quorum present, shall either approve or disapprove the application based on the standards in this Chapter. Any amendment to the Character Area Zoning Map, any other map incorporated in these Land Use Regulations or the text of these Land Use Regulations approved by the Town Council shall be adopted by ordinance.

(Prior code 16-21-8; Ord. 15-2008 §1)

The wisdom of amending the text of these Land Use Regulations, the Character Area Zoning Map or any other map incorporated in these Land Use Regulations is a matter committed to the legislative discretion of the Town Council and is not controlled by any one (1) factor. In determining whether to adopt, adopt with modifications or disapprove the proposed amendment, the Town Council shall consider the following:

(1)

Consistency with Master Plan. Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and Character Area Zoning Map of the Master Plan.

(2)

Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate Character Area and zone district for the land, considering its consistency with the purpose and standards of the proposed zone district.

(3)

Changed conditions. Whether and the extent to which there are changed conditions that require an amendment to modify the use, density or intensity.

(4)

Effect on natural environment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife habitat, vegetation and wetlands.

(5)

Community need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

(6)

Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services.

(7)

Public interest. Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area.

(Prior code 16-21-8)

For each application heard by the Planning Commission, the Planning Commission shall forward within thirty (30) calendar days after the public hearing one (1) of the following recommendations to the Town Council:

(1)

Recommend approval of the application as submitted or with certain conditions as stated; or

(2)

Recommend denial of the application with all reasons clearly stated.

Alternatively, the Planning Commission may grant conceptual approval to applicants who in a general fashion appear to meet design and other regulations of the Town but submit applications inadequate to warrant final approval. Conceptual approvals are also appropriate where a complete application has not been submitted, or where an applicant wishes to obtain a preliminary review of a sketch plan. A conceptual approval shall not be deemed a final approval of an application; conceptual approval does not constitute a determination by the DRB that an application conforms to design or other regulations; and a conceptual approval shall not bind the DRB to grant final approval to a completed or final application.

Notwithstanding one (1) of the previous actions, the Planning Commission may table an application for a maximum of forty (40) calendar days to receive additional information. No public hearing shall continue for more than forty (40) calendar days from the date of commencement without the written consent of the applicant.

(Prior code 16-21-8; Ord. 4-2023 §2)

For each application heard by the Zoning Board of Appeals, the Zoning Board of Appeals shall take one (1) of the following actions within thirty (30) days after the public hearing, or it may table an application for a maximum of forty (40) days to receive additional information or to serve notice upon property owners or persons whom it decides may be interested in the proposed application. Upon recessing for this purpose, the Zoning Board of Appeals shall announce the time and date when the hearing will be resumed. No public hearing shall continue for more than forty (40) days from the date of commencement without the written consent of the applicant.

(1)

Approve the application as submitted or with certain conditions as stated; or

(2)

Deny the application with all reasons clearly stated.

(Prior code 16-21-8)

Upon final approval or denial by the Planning Director or the Zoning Board of Appeals, as applicable, the Planning Department shall issue a permit in writing to the applicant, stating the conditions of approval or the reasons for denial of the request. Approval may be granted for a limited time period or may be granted subject to such other conditions as the Town may prescribe. Conditions of approval may include, but shall not be limited to, requiring special setbacks, open space, fences or walls, landscaping or screening, street dedication and improvement; regulation of vehicular access and parking, signs, illumination, hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. If necessary, the Zoning Board of Appeals shall set a permit fee schedule sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application and administration of the permit. A copy of each approved application and permit shall be retained in the records of the Planning Department and/or the Building Official to ensure that development proceeds in conformance with the approved plans and permit.

(Prior code 16-21-8)

The approved permit may be revoked by the Town Administrator if it is determined that the provisions of this Chapter or the limitations prescribed as a condition of the approval have been violated. The written revocation shall clearly state the reasons for the revocation, why the use approved is no longer permitted and ordered discontinued.

(Prior code 16-21-8)

Any person aggrieved by his or her inability to obtain a building permit or by the decision of the Town Administrator or any Town employee, based upon or made in the course of the administration or enforcement of this Chapter, may make an appeal to the Zoning Board of Appeals. Such appeal shall be made within ten (10) days of the decision from which the appeal is made by filing with the Town Administrator a written notice of appeal specifying the grounds therefor. Such appeal shall be made in accordance with Section 31-23-307, C.R.S.

(Prior code 16-21-8)

Unless otherwise set forth in this Chapter, when a public hearing is required by this Chapter, the Town shall notify the public of such hearing by the following means:

(1)

Notice of public hearings. All applications for development permits requiring public hearings, unless otherwise noted, shall follow the provisions of this Section with regard to public notice and the conduct of such public hearings. The Planning Department shall be responsible for placing the notice in the newspaper. The applicant shall be responsible for mailing the notice to adjoining landowners and furnishing a copy of the sign to the Planning Department. The applicant shall also be responsible for:

a.

Providing the Planning Director with a list of adjacent landowners from the most recent County ad valorem tax rolls;

b.

Paying for the costs of publishing notice and mailing notice;

c.

Posting the sign on the property; and

d.

Submitting an affidavit that notice was properly posted on the property.

(2)

Notice in newspaper. Notice of an application for amendments to the text of these Land Use Regulations and the Zoning District Map and all development permits requiring a public hearing except those for subdivision shall be published no less than ten (10) calendar days prior to the date of the first public hearing. Notice of an application for a preliminary plan for subdivision shall be published a minimum of ten (10) days before the Planning Commission public hearing and ten (10) days before the Zoning Board of Appeals public hearing. In the event the Planning Commission tables an application beyond the original Town Council published hearing date, the file must be re-advertised a minimum of ten (10) days prior to the reestablished Zoning Board of Appeals hearing unless the Zoning Board of Appeals tables the application to a date certain. Notices shall contain the following information:

a.

Type of application. The type of application sought; i.e., amendment to the Official Zone District Map or amendment to the text of these Land Use Regulations, Planned Unit Development (PUD) District or subdivision.

b.

Description of action. A short description of the proposed action requested.

c.

Location of land. The common street address and part of the County (name of community, where applicable) of the land subject to the application, a general legal description of the land and a description of the area (size) of the land.

d.

Location, date, time. The location, address, date and time of the public hearing.

e.

Where information may be obtained. Information on where the full details of the application may be obtained, including, if it is a proposed amendment to the Official Zone District Map or the text of these Land Use Regulations, the place where the map or the text may be examined.

(3)

A public notice shall be placed in a newspaper of general circulation within the Town at least ten (10) days prior to the Planning Commission meeting and at least ten (10) days prior to the Zoning Board of Appeals meeting. The notice shall state the nature of the proposed change, use or variance and the date, time and place of the hearing. Said notice shall set the date of both the Planning Commission and the Zoning Board of Appeals hearings. The applicant shall be responsible for and shall pay in advance the cost of publishing public notices.

(4)

Notice of the public hearing shall be given by certified mail to all property owners of record within two hundred fifty (250) feet of the outer boundaries of the subject property at least ten (10) days prior to the Planning Commission meeting and at least ten (10) days prior to the Zoning Board of Appeals meeting by the applicant. Failure to receive a mailed notice shall not cause a delay in the proceedings and shall not invalidate any review, actions or approvals.

(5)

For purposes of this notice, adjacent properties shall include properties immediately across a public street or right-of-way. Prior to the public hearing, the applicant will provide a sworn certification that such notice was delivered to adjacent properties in accordance with these guidelines.

(6)

Sign posting: When required by this Chapter, the property shall be posted with a sign furnished by the Town, at least ten (10) calendar days in advance of the Planning Commission hearing and at least ten (10) days prior to the Zoning Board of Appeals hearing. The posting of the sign is the responsibility of the applicant. The applicant will provide a sworn certification (Form A) provided by the Planning Director that such notice was posted ten (10) days prior to the public hearing and (Form B) the day of the hearing in accordance with these guidelines:

a.

The sign shall be set back no more than twenty-five (25) feet from the street and shall be erected in full view of the public on each street side of the land subject to the application. Where the land does not have frontage on a public or private street, the sign shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the application.

b.

The sign shall be posted at least four (4) feet above natural grade, with lettering not less than one (1) inch in height and one-half (½) inch in width.

c.

The materials to which the sign is affixed shall be sturdy, and the sign shall be waterproof or shall have a waterproof covering.

d.

The posting of such sign will be the responsibility of the applicant, and the applicant shall make every reasonable effort to maintain a sign upon the property for the duration of the posting period. Prior to the public hearing, the applicant will provide a sworn certification that such notice was posted on the property in accordance with these guidelines and that the property had remained so posted for the required number of days prior to the public hearing. The sign shall be removed after the decision is rendered on the application. The failure of any such posted notice to remain in place after the notice has been properly posted, without the applicant's knowledge and despite the applicant's reasonable efforts to maintain the sign, shall not be deemed a failure to comply with the standards or be grounds to challenge the validity of any decision made on the application.

e.

Prior to the public hearing, the applicant will provide a sworn certification that such notice was posted on the subject property in accordance with these guidelines and that the property has remained so posted for the ten (10) days prior to the public hearing.

f.

The sign shall be removed by the applicant after a decision is rendered on the application.

(Prior code 16-21-9; Ord. 16-2007 §4)

(a)

Purpose. The purpose of a Design Review is to ensure that all new development and major redevelopments in the Town are constructed in a manner that complies with the adopted regulations of the Town.

(b)

Applicability. All major construction must receive Design Review approval from the Design Review Board prior to the issuance of a building permit. Major construction is defined as all new construction projects and any building addition that increases the building footprint and/or square footage of an existing structure.

(c)

Application requirements. In addition to the requirements of Section 16-21-170, the following information must be submitted for a Design Review application.

(1)

Application form and fee. Application fees are set annually by the Town Council.

(2)

A boundary survey, with a stamp and signature (or electronic equivalent) of a licensed surveyor, that includes the following information:

a.

Date of survey (survey date must be within six (6) months of the project application date).

b.

Right-of-way and property lines; including bearings, distances, and curve information.

c.

Labeled ties to existing USGS benchmark.

d.

Property boundaries to the nearest one-hundredth (0.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner.

e.

All existing easements recorded with the County Clerk and Recorder. Include bearings and distances.

f.

Spot elevations at the edge of asphalt along the street frontage of the property at five-foot intervals, and a minimum of two (2) spot elevations on either side of the lot.

g.

Topographic conditions at two-foot contour intervals.

h.

Existing trees or groups of trees having trunks with diameters of four (4) inches or more.

i.

Rock outcroppings and other significant natural features.

j.

All utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site and the exact location of existing utility sources.

k.

Environmentally sensitive areas or areas of natural hazards, where applicable (i.e., rock fall, wetlands, or floodplain).

l.

Watercourse setbacks and floodplain information, if applicable. Show centerline and edge of stream or creek in addition to the one hundred-year floodplain, as well as the required stream setback from the ordinary high-water mark.

(3)

A scaled site plan showing the following information:

a.

Property line locations and dimensions based on a current boundary survey of the property.

b.

Setback lines.

c.

Existing and proposed easements.

d.

Existing and proposed buildings, including sheds and enclosures. Include decks, patios, and balconies. Indicate the building footprint and the outside face of exterior walls, inclusive of all cantilevered elements of the building, with a solid line and the roof/eave edge with a dashed line.

e.

Height elevations of all roof ridgelines and/or the top of all flat roof elements, as well as the mid-point of all sloped roof elements.

f.

Driveways and parking areas. Indicate finished surface, heated or unheated, grade, percent slope, dimensions, turning radii and spot elevations at the property line.

g.

Identify all slopes between thirty percent (30%) and forty percent (40%), as well as any slopes in excess of forty (40%) percent.

h.

Existing and proposed retaining walls including materials and spot elevations.

i.

Existing and proposed fences (including height and materials).

j.

Waterbodies, stream setbacks from the ordinary high-water mark, and floodplain information according to a current survey of the property, if applicable to the subject property.

k.

Snow storage areas denoted with hatching and showing corresponding area (expressed in square feet) as a percentage of overall site area.

l.

Sidewalks and walkways.

m.

All areas of lot and impervious coverage denoted with hatching and showing corresponding area (expressed in square feet) as a percentage of overall site area.

(4)

A grading and drainage plan that includes the following information:

a.

Existing contours. Existing two-foot contours must be provided for all areas proposed to be disturbed as a result of the project proposal. Contours for undisturbed areas must be shown when drainage in those areas impacts the disturbed area, or vice versa.

b.

Proposed contours. Proposed two-foot contours for all disturbed areas must be shown and must demonstrate positive drainage.

c.

Spot elevations. Show critical spot elevations, as necessary to demonstrate positive drainage and the direction of flow. Finished grade at all building corners must be provided.

d.

Top-of-foundation elevations. The top-of-foundation elevation must be shown on the plan and must be consistent with the foundation plan. For buildings on slopes of thirty percent (30%) or greater, elevations for stepped foundation walls must be shown.

e.

Drainage arrows. Include drainage arrows that show how stormwater will be routed around buildings and where stormwater will exit the property. Stormwater cannot cause damage to any adjacent property. Drainage and erosion control features needed to prevent damage must be included.

f.

Drainage facilities. Proposed drainage facilities, such as French drains or culverts, must be shown.

g.

Retaining walls. Retaining wall details are required and must include drainage details. Note top- and bottom-of-wall elevations shall be shown at each location where the retaining wall steps up or down, and shall include the tallest point of the retaining wall.

(5)

Building elevations and proposed architectural detailing for all sides of the proposed structure(s), indicating type, size, and texture of all exterior materials, as well as building heights, setback lines, locations of exterior lighting fixtures and roof and building drainage system (i.e., gutters and downspouts).

(6)

Color chips and/or a materials board shall be required for all projects.

(7)

A landscaping plan pursuant to the Town of Minturn Landscape Standards shall be provided, if applicable.

(8)

Floor plans of all levels of any proposed structure(s) indicating the proposed uses and dimensions of all interior space shall be included. For additions to existing structures, floor plans must be provided for the existing building as well as all proposed additional floor area.

(9)

Reflected ceiling plans if applicable, showing exterior lighting (recessed or can lighting) within soffits.

(10)

Multi-family and commercial developments may require one (1) or more of the following: a three-dimensional model of the proposed project and adjacent buildings to scale; a three-dimensional architectural model including adjacent structures; and a two-dimensional photo illustration of the proposed building in relation to adjacent structures.

(11)

Property corners shall be staked and remain in place throughout the public hearing process.

(12)

Such additional information as the Planning Department or Design Review Board may require.

(13)

Water service. Letter of Service from the Town for connection to the Town's water distribution system pursuant to Section 13-2-10(c).

(d)

Administrative procedure.

(1)

Upon receipt of a completed and proper application, the application for Design Review will be scheduled for a public hearing. The hearing will be conducted in accordance with the procedures set forth in this Chapter.

(2)

Criteria and findings. Before acting on a Design Review application, the Planning Commission, acting as the Design Review Board (DRB), shall consider the following factors with respect to the proposal:

a.

The proposal's adherence to the Town's zoning regulations.

b.

The proposal's adherence to the applicable goals and objectives of the Community Plan.

c.

The proposal's adherence to the Town of Minturn Design Standards and Guidelines.

(3)

Necessary findings. The Design Review Board shall make the following findings before approving a Design Review application:

a.

That the proposal is in conformance with the Town zoning regulations.

b.

That the proposal helps achieve the goals and objectives of the Community Plan.

c.

That the proposal complies with the Town of Minturn Design Standards and Guidelines.

(4)

Conditions of approval. The following conditions shall apply to all projects approved by the Design Review Board:

a.

No changes to an approved plan or design may be made without the written consent of the Town staff. Town staff reserves the right to forward any change to the Design Review Board for final approval.

b.

Design Review Board approval does not constitute a permit for building.

c.

Design Review Board approval shall not become valid for twenty (20) days following the date of approval, pursuant to Section 16-21-110(b)(3) and Section 16-21-700.

d.

Approval of this project shall lapse and become void one (1) year following the date of final approval unless a building permit is issued and construction is commenced and is diligently pursued toward completion. A maximum of one (1) one-year extension may be granted at the request of an applicant.

(e)

Construction process.

(1)

Building permit required. Once an application has been approved by the Design Review Board, the applicant may apply for a building permit. A building permit shall be submitted in substantial compliance with plans approved by the Planning Commission and shall be reviewed by the Building Official for compliance with all applicable codes and laws enforceable by the Town of Minturn.

(2)

Pre-construction meeting and inspection required. Once a building permit has been issued, and prior to any construction activity being authorized on the subject property, a pre-construction meeting is required to be held at the subject property. The purpose of the pre-construction meeting is for the contractor (General Contractor and/or Owner's Representative of record with the Town) to familiarize themselves with the Town's construction regulations, inspection process, and requirements. This is also a time for Town staff to inspect the pre-construction conditions of the subject property and to verify limits of disturbance along with any required erosion control measures.

(3)

Foundation inspection required. After any foundation has been poured and foundation work has been completed, and prior to scheduling a foundation inspection, an Improvement Location Certificate (ILC) verifying the location of the foundation must be submitted to the Building Official. Construction may not proceed until the location of the approved foundation has been verified by the Building Official as part of the foundation inspection.

(4)

Framing inspection required. After the framing of the structure(s) has been completed, and prior to scheduling a framing inspection, an Improvement Location Certificate (ILC) verifying the location of all roof ridge height(s) and locations of all exterior walls of the structure relative to required setbacks and property boundaries must be submitted to the Building Official. Construction may not proceed until the location and the extents of the structure(s) have been verified by the Building Official as part of the framing inspection.

(5)

TCO inspection required. At the completion of the project, a Temporary Certificate of Occupancy (TCO) inspection shall be required. An updated Improvement Location Certificate showing all new improvements on the site, shall be submitted to the Building Official prior to scheduling a TCO inspection.

(6)

CO inspection required. The final step in the construction and inspection process is the final Certificate of Occupancy inspection.

(Ord. 2-2012 §1; Ord. 4-2023 §2; Ord. 4-2025 §2(Exh. A))

(a)

Purpose of provisions. The purpose of conditional use review is to recognize that some uses may or may not be appropriate in a particular zone depending upon the circumstances of the individual case, and to allow review of such cases so that the Town is assured that these uses are compatible with their locations and surrounding land uses and will further the purposes of the Community Plan and this Chapter.

(b)

Requirements generally. As listed under the individual zone district regulations in this Chapter, conditional uses shall conform to all requirements listed in the respective Article and elsewhere in this Chapter.

(c)

Conditional use permit application. Each application for a conditional use permit shall be in writing on such forms and in accordance with such procedures as prescribed by the Town and shall be supported by documents, maps, plans and other material containing, at a minimum, the following information:

(1)

The name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make the application and act as agent for the owner.

(2)

A copy of the Town Zoning Map or portion thereof, with the subject parcel indicated and a legal description, street address and other identifying data concerning the site.

(3)

A description of the precise nature of the proposed use and its operating characteristics and measures proposed to make the use compatible with other properties in the vicinity.

(4)

A site plan showing proposed development of the site, including topography, building locations, parking, traffic, circulation, usable open space, landscaped area, utilities and drainage features.

(5)

Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale and interior plan of the buildings.

(6)

Such additional material as the Planning Director may prescribe or the applicant may submit pertinent to the application. For example, the applicant may be required to submit an improvements location certificate if there appear to be setback or property line encroachments.

(d)

Administrative procedure.

(1)

Upon receipt of a completed and proper application, the Planning Director shall set a public hearing for the Planning Commission and give public notice as required by this Chapter.

(2)

Criteria; findings. Before acting on a conditional use permit application, the Planning Commission and Town Council shall consider the following factors with respect to the proposed use:

a.

The relationship and impact of the use on the community development objectives of the Town.

b.

The effect of the use on distribution of population, transportation, utilities, schools, parks and recreational facilities and other public facilities and public facility needs.

c.

The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety, traffic flow and control, access, maneuverability and snow removal.

d.

The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses, the amount of noise, lighting and glare, dust and compatibility of the use with the Character Area it is in and surrounding areas.

e.

Necessary findings. The Planning Commission and Town Council shall make the following findings before making a recommendation or decision that a conditional use permit be granted:

1.

That the proposed location of the use is in accordance with the purposes of this Chapter, the Community Plan and the purposes of the zone in which the site is located.

2.

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

3.

That the proposed use will comply with each of the applicable provisions of this Chapter.

(e)

Conditions and procedure of issuance.

(1)

The Town Council may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purpose of this Article, or the Town Council may deny the application. A conditional use permit may be revocable, may be granted for a limited time period or may be granted subject to such other conditions as the Town Council may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening and street dedication and improvements; regulation of vehicular access and parking, signs, illumination and hours and methods of operation; control of potential nuisance; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules.

(2)

The conditional use granted shall be reduced to writing and signed by the applicant and the Town Administrator.

(3)

Zoning Board of Appeals action. The Town Council acting as the Zoning Board of Appeals shall consider the action of the Planning Commission and may confirm, modify or reverse its recommendation. The Zoning Board of Appeals shall act in accordance with the same criteria and shall make findings as prescribed in this Chapter before acting on a conditional use request. The action of the Zoning Board of Appeals shall become final immediately.

(Prior code 16-21-10; Ord. 15-2008 §1)

(a)

Purpose. The purpose of the limited use review is to provide an efficient staff review process for land uses that are allowed in a specific zone but subject to Town review to determine conformance with established standards, and to protect the public health, safety and welfare of the citizens of the Town.

(b)

Applicability. A certificate of zoning compliance shall be required prior to issuance of a building permit or the establishment of any structure or use that is listed as a limited review use in this Chapter. A certificate of zoning compliance shall be reviewed and approved, approved with conditions or disapproved by the Planning Director.

(c)

Procedure.

(1)

Initiation. An application for a certificate of zoning compliance shall only be submitted by the owner, any other person having a recognizable interest in the land or his or her authorized agent.

(2)

Submission of application. An application for a certificate of zoning compliance shall be submitted to the Planning Director together with a fee pursuant to this Chapter. If applicable, the application may be submitted in conjunction with an application for a building permit.

(3)

Contents of application. The application shall be in a form established by the Town and made available to the public.

a.

Review and decision. The Planning Director shall review the application and determine whether the application complies with the standards of this Chapter. If the Planning Director finds that the application complies with the standards of this Chapter, a certificate of zoning compliance shall be issued and placed in the Town records for the subject parcel and mailed to the applicant, and will be considered the final action on the application. If the Planning Director recommends disapproval, it shall be considered an interim action of the Planning Director and the applicant shall be provided thirty (30) calendar days to resubmit a corrected application. The Planning Director shall specify the provisions of this Chapter which the applicant fails to meet. If a corrected application is received, the Planning Director shall approve, approve with conditions or disapprove the application, based on whether it complies with the standards of this Chapter. This shall be considered the final action of the Planning Director on the application. If the application is not resubmitted within thirty (30) calendar days, the application shall be considered withdrawn.

b.

Conditions. The Planning Director shall have the authority to impose such conditions on a certificate of zoning compliance that are necessary to accomplish the purposes of this Chapter and the Community Plan.

c.

Effect of a certificate of zoning compliance. Issuance of a certificate of zoning compliance shall mean that the proposed development is in compliance with the procedures and standards of this Chapter. A certificate of zoning compliance authorizes the applicant to submit an application for a building permit for the proposed development.

d.

Time limitations. A certificate of zoning compliance shall expire at the end of one (1) year after the date of its initial approval if an application for a building permit has not been approved or, if the use does not require a building permit, the use has not been established, ongoing and in operation. Only one (1) extension, up to one (1) year in length, shall be granted for a certificate of zoning compliance, upon written application to the Planning Director and a showing of good cause. No request for an extension shall be considered unless a written application requesting the extension is received by the Town no later than thirty (30) calendar days prior to the date the certificate of zoning compliance is to expire. Failure to submit an application for a building permit within the time limits established by this Chapter shall render the certificate of zoning compliance null and void.

e.

Amendments to certificate of zoning compliance. A certificate of zoning compliance may be amended only pursuant to the standards and procedures established for the original approval.

(Prior code 16-21-11)

(a)

Purpose and intent. The purpose of this Section is to provide for land uses and structures intended to be established for not more than six (6) months, with the intent to discontinue such use upon expiration of the time period. A security deposit may be required from the applicant to defray costs of the Town to remove a temporary building or use.

(b)

Application. An application for a temporary use permit shall be made on forms provided by the Town and submitted to the Planning Director. The Planning Director may approve a temporary use permit upon review of a complete application that satisfactorily addresses the following:

(1)

Water supply and sanitation and sewage disposal.

(2)

Food service and liquor license.

(3)

Medical response and first aid.

(4)

Law enforcement and police coverage.

(5)

Traffic control.

(6)

Solid waster disposal.

(7)

Fire protection.

(c)

Criteria. Prior to approval of a temporary use permit, the Planning Director shall consider the following:

(1)

The building or use is not in conflict with applicable health, sanitation, safety or access laws.

(2)

The building or use proposed is a use by right or limited review use in the zone, compatible with the surrounding uses and consistent with the Community Plan and this Chapter.

(3)

There is written assurance that the building or use will be removed or ceased by the required time.

(4)

The Town has written permission from the applicant and landowner to remove the building or use, at the landowner's expense, when not in compliance with this Chapter or the temporary use permit.

(d)

Public hearings required. Public hearings may be required when the Planning Director determines that any of the following criteria are met:

(1)

The temporary building or use is for seven (7) days or more.

(2)

There will be potentially significant nuisance to surrounding areas.

(3)

There may not be adequate water or sanitation facilities.

(4)

There may be permanent damage to the site.

(5)

There are unresolved medical response, law enforcement, security, traffic, fire protection or solid waste issues.

(e)

Upon receipt of a completed and proper application, the Planning Director shall set a public hearing for the Planning Commission and Town Council. The Planning Director and applicant shall give public notice as required by this Chapter.

(Prior code 16-21-12)

(a)

A limited use or variance permit shall be valid for one (1) year from the date of approval. A temporary use shall be valid for six (6) months from the date of approval. If no building permits have been issued or the permitted use has not been established within the above-stated time limits, the permit shall be terminated.

(b)

Upon written request, an extension of the limited use variance permit may be granted by the Town Council, not to exceed one (1) year, if the applicant demonstrates that:

(1)

Failure to proceed with development was beyond the applicant's control.

(2)

The approved development is not speculative in nature.

(3)

The approved development still complies with this Chapter and the Community Plan.

(4)

There is reasonable likelihood that the approved development will be developed in the next year.

(Prior code 16-21-13)

Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor and, in addition to the penalties provided herein, upon conviction shall be punished in accordance with the provisions of Section 1-4-20 of this Code.

(Prior code 16-21-14; Ord. 15-2008 §1)

The Town may seek an injunction to restrain a person from engaging in business on premises within the Town who does not obtain the required approvals or permits or who continues to operate after the required approvals or permits have been revoked or suspended. This remedy shall be in addition to all other remedies prescribed in this Chapter or available by law.

(Prior code 16-21-15)

The Town Council, if in its opinion conditions require such action, may promulgate, by ordinance at a public meeting, regulations of a temporary nature, to be effective for a limited period not to exceed ninety (90) days. During this ninety-day period, a ten-day public notice shall be published in a newspaper of local distribution advertising a public hearing to discuss the matter requiring the temporary regulation. At the public hearing, the Town Council may extend the duration of the temporary regulation for a period not to exceed six (6) months. The nature of temporary regulations may prohibit or regulate, in any part or all of the Town, the zoning or subdivision of land or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purpose.

(Prior code 16-21-16)

(a)

Purpose of provisions; limitations.

(1)

In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.

(2)

Variances may be granted only with respect to the development standards prescribed for each zone, including lot area and site dimensions, setbacks, distances between buildings, height, density, site coverage, usable open space, landscaping, site development and parking and loading requirements.

(3)

The power to extend variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this Chapter is provided by Sections 16-21-620, Conditional Use Permits, and Division 3 of this Article, Amendments to text of Land Use Regulations or Character Area and Zone District Map.

(b)

Application; property posting; public hearing. An application for a variance shall be submitted to the Town in accordance with the submittal requirements of this Chapter.

(1)

Application contents. The application shall be supported by documents, maps, plans and other material containing the following information:

a.

Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

b.

Legal description, street address and other identifying data concerning the site;

c.

A description of the precise nature of the proposed variance and its operating characteristics and measures proposed to make the variance compatible with other properties in the vicinity;

d.

A site plan, showing proposed development of the site, including topography, building or structure locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features;

e.

Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale and interior plan of all buildings; and

f.

Such additional materials as the Planning Director may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance.

(2)

Upon receipt of a completed and proper application, the Planning Director shall set a public hearing for the Planning Commission and the Zoning Board of Appeals. The Planning Director and applicants shall give public notice as required by this Chapter.

(c)

Approval criteria. Before acting on a variance application, the Planning Commission and the Zoning Board of Appeals shall consider the following factors with respect to the requested variance:

(1)

The relationship of the requested variance to other existing or potential uses and structures in the vicinity;

(2)

The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Chapter without grant of special privilege;

(3)

The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; and

(4)

Such other factors and criteria as the Planning Commission and Zoning Board of Appeals deem applicable to the proposed variance.

(d)

Findings required. The Planning Commission and Zoning Board of Appeals shall make the following findings before granting a variance:

(1)

There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone;

(2)

The exceptional or extraordinary circumstances of the site create a situation in which the strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter;

(3)

That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity and will not result in substantial impairment to the purposes of this Chapter.

(4)

There is no substantial impairment to the public that would result from the granting of the variance.

(e)

Town Council/Zoning Board of Appeals action. The Town Council, acting as the Zoning Board of Appeals, shall consider the action of the Planning Commission and may confirm, modify or reverse its recommendation. The Zoning Board of Appeals shall act in accordance with the same criteria and shall make findings as prescribed in this Chapter before acting on a variance request. The action of the Town Council shall become final immediately.

(Prior code 16-21-17; Ord. 16-2007 §5; Ord. 15-2008 §1)

(a)

Administrative actions. Any decision, determination or interpretation by any Town administrative official with respect to the provisions of this Chapter and the standards and procedures hereinafter set forth shall become final at the next Planning Commission meeting following the administrator's decision, unless the decision is called up and modified by the board or commission.

(b)

Appeal of administrative actions:

(1)

Authority. The Planning Commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Town administrative official with respect to the provisions of this Chapter and the standards and procedures hereinafter set forth.

(2)

Initiation. An appeal may be initiated by an applicant, adjacent property owner or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrator with respect to this Chapter. Aggrieved or adversely affected person means any person who will suffer an adverse effect to an interest protected or furthered by this Chapter. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the Planning Commission shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Planning Commission determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands.

(3)

Procedures. A written notice of appeal must be filed with the administrator or with the Planning Director within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday or a Town-observed holiday, the last day for filing an appeal shall be extended to the next business day. The administrator's decision shall become final at the next Planning Commission meeting following the administrator's decision, unless the decision is called up and modified by the board or commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the administrative official whose decision is appealed to forward to the Planning Commission at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning Commission on the appeal within thirty (30) calendar days of the appeal being filed. The Planning Commission may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by an administrator.

(4)

Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the Planning Commission and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Planning Commission shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Planning Commission.

(5)

Findings. The Planning Commission shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met.

(6)

Fee. The Town Council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the Planning Department. The fee shall be paid at the time the appeal is filed.

(c)

Appeal of Planning Commission decisions:

(1)

Authority. The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning Commission with respect to the provisions of this Chapter and the standards and procedures hereinafter set forth.

(2)

Initiation. An appeal may be initiated by an applicant, adjacent property owner or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning Commission with respect to this Chapter. Aggrieved or adversely affected person means any person who will suffer an adverse effect to an interest protected or furthered by this Chapter. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning Commission by a majority vote of those Town Council members present.

(3)

Procedures. A written notice of appeal must be filed with the Town Administrator within thirty (30) calendar days of the Planning Commission's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday or a Town-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the names and addresses (person's mailing and property's physical) of the appellant, applicant, property owner and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association), as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning Commission to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner and adjacent property owners (notification within a condominium property shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning Commission.

(4)

Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council.

(5)

Findings. The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met.

(6)

Fee. The Town Council may set a reasonable fee for filing an appeal to a Planning Commission decision. The fee will be adopted in a fee schedule which shall be maintained in the Planning Department. The fee shall be paid at the time the appeal is filed.

(d)

Procedure for appeals; sign regulations. The procedure for an appeal of an administrative interpretation of the sign regulations shall be the same as that of appeals of an administrative action as set forth in Subsection (b) of this Section.

(e)

Appeal of Town Council decisions. The final decision of the Town Council with respect to any appeal pursuant to this Chapter or development permit application submitted pursuant to this Chapter may be appealed to an appropriate court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Municipal Court shall not have jurisdiction over such civil action.

(f)

Conduct of hearing. The Town Council shall have the authority to set standards, by administrative rule, on appellate hearing procedures, including but not limited to the time allowance for the presentation of evidence and the time allowance for oral arguments.

(Prior code 16-21-18; Ord. 16-2007 §6; Ord. 12-2012 §1)

(a)

Purpose. The purpose of this Section is to establish a system of vested property rights for these Land Use Regulations, as authorized by Section 24-68-101, et seq., C.R.S.

(b)

Establishment.

(1)

General. Pursuant to these Land Use Regulations, a vested property right shall be deemed established for a development permit for a period of three (3) years with the final approval of a site specific development plan. Such vested property right shall attach to and run with the land for which the development permit is approved for the site specific development plan 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 for a period of three (3) years from the date of its approval.

(2)

Site specific development plan defined. For the purposes of this Section, site specific development plan shall only mean a:

a.

A special use permit.

b.

A preliminary plan for PUD.

c.

A preliminary plan for subdivision.

d.

A final plan for PUD.

e.

A final plat for subdivision.

f.

An approved and recorded estate lot plat.

g.

An approved and recorded ranch lot plat.

h.

An approved development agreement.

(c)

Duration and termination.

(1)

Duration. A vested property right as defined in this Section shall be deemed effective as of the date the Town Council approves the site specific development plan, and shall remain effective for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town Council. Such approval shall be subject to all rights of 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 advising the general public of the approval. Publication shall be done by the Planning Department.

(2)

Forfeiture. Failure to comply with any applicable terms and conditions attached to the site specific development plan shall result in immediate forfeiture of the vested property right.

(3)

Extensions. The Town Council may, as a legislative act, enter into a development agreement with a landowner that provides that property rights shall be vested for a period exceeding three (3) years where it is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles and market conditions.

(4)

Subsequent review and approval. Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt the site specific development plan from subsequent reviews by the Town to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with the terms and conditions of the original approval.

(5)

Exceptions. A vested property right, once established pursuant to this Section, precludes any zoning or land use action by the Town for a period of three (3) years from the date of approval of the site specific development plan that would alter, impair, prevent, diminish or otherwise delay the development or use of the land subject to the site specific development plan consistent with the terms and conditions of the site specific development plan, except:

a.

Landowner's consent. With the consent of the affected landowner;

b.

Hazards. Upon the discovery of natural or manmade hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of the approval of the site specific development plan, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; and

c.

Just compensation paid to landowner. To the extent that the affected landowner receives just compensation for all costs, expenses and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultants' fees incurred after approval by the governmental entity, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action.

(6)

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

(Prior code 16-21-19; Ord. 1-2017 §§3, 5.7; Ord. 1-2024 §5.8)

The Planning Director, without a hearing or compliance with any of the submission, referral or review requirements in these Land Use Regulations, may approve a correction plat if the sole purpose of such a correction plat is to correct one (1) or more technical errors on a previously approved plat. The correction plat shall be consistent with an approved preliminary plan and comply with the following requirements:

(1)

Certificates. In addition to any other plat requirements, the following are required on the new and corrected Mylar:

a.

Town Council certificate.

b.

Surveyor's certificate.

c.

Clerk and Recorder certificate.

(2)

General notes. Contained within the general notes should be a purpose statement, the name of the plat that the correction supersedes and any other notes which are pertinent to the correction plat.

(3)

Mylars. All pages of the previously recorded plat for which the correction is being made must be submitted and titled "Correction Plat." (Prior code 16-21-20; Ord. 16-2007 §7)

(a)

Actions by Planning Commission. All action and recommendations by the Planning Commission deciding or recommending decisions on applications under the land use regulations shall be by written resolution setting forth findings of compliance or noncompliance for each applicable standard and further setting forth all conditions of approval.

(b)

Actions by Town Council. All action by the Town Council deciding on applications under the land use regulations which action is not required to be by ordinance or written findings shall be by written resolution and, in all cases, setting forth findings of compliance or noncompliance for each applicable standard and further setting forth all conditions of approval.

(Ord. 16-2007 §8)

(a)

When (1) an appeal that is commenced pursuant to Code Section 16-21-700, or (2) litigation or any other action or proceeding that is filed in a court or other tribunal of competent jurisdiction relates to the review or processing of a land use application, or may result in the alteration, amendment, or voiding of a previous determination or action pursuant to this land use code affecting developability, zoning, development regulations, construction, improvement, or other aspects of development affecting a parcel of land in the Town, or (3) litigation involving the interpretation, enforceability or default of an agreement with the Town related to the land use or development approvals, the filing of said appeal, litigation, or other action or proceeding shall operate as a stay, applicable to all departments of Town acceptance, processing or issuance of:

(1)

Any and all building applications or permits;

(2)

Development applications or permits;

(3)

Development approvals; or

(4)

Any other Town action, which would permit or otherwise authorize construction, site work grading, land improvements, or creation of a vested right pursuant to this land use code.

(b)

The stay provided for under subsection (a) of this section continues until the issuance of a final, non-appealable judgment or order in any such appeal, litigation, action, or other proceeding.

(Ord. 1-2019, §3)