The following chart establishes the required review steps applicable to different forms of approval which may be requested. Applicants should refer to Table 12-1 below to determine which one (1) or more "APPROVAL REQUESTED" under the left-hand column of Table 12-1 applies to their proposed development. The required stages of review for each approval are shown on the lines to the right. Submission requirements and the specific review process for each stage are set out in detail in the balance of this Chapter under the appropriate headings. Unless otherwise indicated, amendment or modification of a prior approval follows the procedure for review of the original application. ;h3; Table 12-1
Review Process

(Ord. 789 §18-60, 2006)

It is the responsibility of the Planning and Zoning Commission to review all applications for zone changes in this Chapter and special review uses, as prescribed by law and this Chapter, and to recommend action to the City Council. The Planning and Zoning Commission has no authority to approve variances from the Building Official and, if within the province of Article 2 of this Chapter, the request shall be sent forward to the Board of Adjustment for hearing.

(Ord. 789 §18-61, 2006)

The City Manager is charged with the interpretation and enforcement of this Chapter. Appeals from a decision of the City Manager shall be filed with the City Clerk, who shall forward the appeal with all pertinent information to the Board of Adjustment for hearing.

(Ord. 789 §18-62, 2006)

The Board of Adjustment shall hear and decide all questions on appeal from decisions of the City Manager and all other questions as provided in Article 2 of this Chapter.

(Ord. 789 §18-63, 2006)

The City Council has responsibility for changes in the zoning map and changes in this Chapter. The City Council shall not hear complaints of or decide questions of interpretation or enforcement that are reserved for the Board of Adjustment.

(Ord. 789 §18-64, 2006; Ord. 811 §1, 2009)

(a)

The City Manager is designated to administer and enforce the provisions of this Chapter.

(b)

The City Manager shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this Chapter, subject to the special provisions where stipulated in this Chapter.

(c)

Issuance of site permits requires approval of the City Manager prior to issuance.

(d)

Issuance of certificates of occupancy requires approval by the Building Inspector.

(e)

The City Manager under no circumstances is permitted to grant an exception to the actual meaning of any clause, order or regulation contained in this Chapter to any person making application to construct, move, alter or use either building, structure or land.

(f)

The City Manager under no circumstances is permitted to make changes in this Chapter or to vary the terms of this Chapter in carrying out his or her duties as City Manager.

(Ord. 789 §18-65, 2006; Ord. 811 §1, 2009)

It shall be unlawful to begin the excavation for the construction, moving, alteration or repair (except as may be exempted in the Building Code) until a site permit has been issued for such work in accordance with the requirements of this Chapter and Section 12-3-90 below and until a building permit has been issued. Permit fees shall be waived on sidewalks installed on City property.

(Ord. 789 §18-66, 2006)

(a)

Every application for a site permit for construction, moving, alteration or change in the type of use or type of occupancy shall be accompanied by a written statement and plans, or plats, drawn to scale, showing the following in sufficient detail to enable the City Manager to ascertain whether the proposed work or use is in compliance with the provisions of this Chapter.

(b)

All such material is required in duplicate form and shall include:

(1)

The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any other buildings or other structures already on the plot.

(3)

The existing and intended use of the plot and all structures upon it.

(4)

Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this Chapter and other regulations are being observed.

(Ord. 789 §18-67, 2006)

If the proposed construction, moving, alteration or use of the land, as set forth in the application for a site permit under this Article, is in conformity with the provisions of this Chapter, the City Manager shall approve the issuance of the site permit.

(Ord. 789 §18-68, 2006; Ord. 811 §1, 2009)

Issuance of a site permit shall in no case be construed as waiving any provision of this Chapter or any other City regulation.

(Ord. 789 §18-69, 2006)

The City Manager shall approve issuance of a site permit when the imposed conditions of this Chapter are complied with by the applicant, regardless of the effect of such a permit on contracts, such as deed covenants, deed restrictions or private agreements.

(Ord. 789 §18-70, 2006; Ord. 811 §1, 2009)

If any application for a site permit is not approved by the City Manager, the cause for such disapproval shall be stated in writing.

(Ord. 789 §18-71, 2006)

Plans submitted with an application for a site permit shall be reviewed and approved by the City Manager.

(Ord. 789 §18-72, 2006; Ord. 811 §1, 2009)

There shall be no site permit issued on a plot which does not consist of a platted lot or lots duly approved and recorded, except that on five (5) acres or more where the use of the land is entirely for agricultural purposes, a site permit may be issued.

(Ord. 789 §18-73, 2006)

(a)

The City Manager may approve temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property and for construction signs.

(b)

Temporary buildings or signs shall be removed prior to issuance of the certificate of occupancy.

(Ord. 789 §18-74, 2006; Ord. 811 §1, 2009)

A site and/or building permit for a special review use or for a use involving variance shall be void after six (6) months from the day of issuance if no substantial construction has taken place.

(Ord. 789 §18-75, 2006)

(a)

No building or structure authorized by a building permit shall be occupied, and no change in occupancy of a building, part of a building or land shall be made until after the Building Inspector has issued a certificate of occupancy therefor.

(b)

The certificate of occupancy shall not only state the information as required under the Building Code, but shall also state that the occupancy authorized has been approved by the City Manager as being in compliance with this Chapter.

(c)

Occupancy other than that authorized in the certificate of occupancy is unlawful.

(Ord. 789 §18-76, 2006; Ord. 811 §1, 2009)

(a)

A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings has been completed in conformity with the provisions of the regulations contained in this Chapter.

(b)

A record of all certificates shall be kept on file in the office of the City Clerk.

(c)

Copies shall be furnished on request to any persons having a property or tenancy interest in the building affected.

(Ord. 789 §18-77, 2006; Ord. 811 §1, 2009)

(a)

A use permit is a document recognizing the approval of a special review use or a variance as these terms are defined in this Chapter.

(b)

The issuance of a use permit may be a prerequisite to the issuance of a site permit, building permit or certificate of occupancy, but shall not alleviate the requirement for a building permit or certificate of occupancy where this requirement would otherwise exist.

(Ord. 789 §18-78, 2006)

A use permit is required after approval for all special review uses and for all variances. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this Chapter.

(Ord. 789 §18-79, 2006)

The City Manager shall issue use permits for approved special review uses and variances.

(Ord. 789 §18-80, 2006)

Following the issuance of a use permit, the City Manager shall ensure that, if the development is undertaken, it is completed in compliance with the permit. However, if a use permit has not been used within six (6) months after the date granted, the permit shall be automatically cancelled.

(Ord. 789 §18-81, 2006)

Subject to the provisions of this Article, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which is under construction for the nonconforming use at the time of adoption of the ordinance codified in this Chapter is not an extension of a nonconforming use.

(Ord. 789 §18-82, 2006)

A structure conforming as to use but nonconforming as to height, setback or coverage may be altered or extended, provided that the alteration or extension does not result in a violation of this Chapter.

(Ord. 789 §18-83, 2006)

(a)

If a nonconforming use involving a structure is discontinued from use for a period of one (1) year, further use of the property shall be for a conforming use.

(b)

If a nonconforming use not involving a structure is discontinued for a period of six (6) months, further use of the property shall be for a conforming use.

(Ord. 789 §18-84, 2006)

If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to a nonconforming use.

(Ord. 789 §18-85, 2006)

(a)

If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or act of God to an extent exceeding fifty percent (50%) of its appraised value for tax purposes, exclusive of its foundations, a future structure or use on the property shall conform to the provisions of this Chapter.

(b)

If destruction is determined to be less than fifty percent (50%), restoration must be started within twelve (12) months of the calamity and completed within twenty-four (24) months of initiating restoration.

(Ord. 789 §18-86, 2006)

Residential use of property in the CH and CB Zones at the time of passage of the initial zoning ordinance, codified in this Chapter, shall be subject only to requirements and restrictions of the RL Zone, including use, improvements, setbacks, and reconstruction, so long as such residential use shall continue. Should such residential use be discontinued for a period of eighteen (18) months, an extension of the nonconforming use may be requested in writing prior to the expiration of the eighteen (18) month period. The request shall give the reasons such use cannot be currently maintained. The City Council may approve such extension for a reasonable time, in its discretion, upon a finding of good cause for the residential use to be continued and be currently maintained. Should such request not be made and the residential use is discontinued in excess of eighteen (18) months, such nonconforming use shall terminate and the uses by right in such zone shall apply absent use review. Provided, further, this Section concerning discontinuance shall not apply to existing nonconforming residences in the existing CH and CB Districts at the time of original enactment of this Chapter; such existing nonconforming residences in the CH and CB Districts shall only be subject to the same regulations as respective residential structures in the RL District.

(Ord. No. 921, 9-7-2023)

Nothing contained in this Chapter shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of the ordinance codified in this Chapter; however, if the designated use will be nonconforming, it shall, for the purposes of Section 12-3-240 of this Article, be a discontinued use if not in operation within two (2) years of the date of issuance of the building permit.

(Ord. 789 §18-87, 2006)

A use which is nonconforming with respect to a provision for screening shall provide screening within a period of five (5) years from the date of adoption of the ordinance codified in this Chapter.

(Ord. 789 §18-88, 2006)

Whenever the boundaries of a district are changed so as to transfer an area from one (1) district to another district of a different classification, the nonconforming uses described in Sections 12-3-230 through 12-3-290 above shall also apply to any nonconforming uses existing therein.

(Ord. 789 §18-89, 2006)

(a)

Site-specific development plan. For all developments the final approval step, irrespective of its title, which occurs prior to issuance of a site permit shall be considered the site-specific development plan for purposes of Title 24, Article 68, C.R.S. Such final approval step shall include the City Council's approval of a final plat, and designated by the City Council as a portion of the site-specific development plan for the purpose of creating a vested property right together with an infrastructure improvements plan, subdivision improvements agreement and any appended documents, which are specifically approved by the City Council, concerning such final plat, for the purpose of creating such vested property rights. Such approvals may be effected after receiving the recommendation of the Planning and Zoning Commission in accordance with procedures in this Section. Said approval process includes the recorded approval of the final plat and any appended documents.

(b)

Procedure. No site-specific development plan shall be approved until after a public hearing preceded by written notice of such hearing. Such notice may, at the City's option, be combined with any notices or hearings required by the subdivision regulations or zoning regulations of the City. At such hearing, interested persons shall have an opportunity to be heard. Such hearings shall be conducted before the Planning and Zoning Commission, which shall transmit its recommendation forthwith to the City Council for final approval or disapproval. Such approval may be transmitted at the same time of any recommendation of approval or disapproval of a final plat. Notice of the time or place of the public hearing shall be sent by first-class mail, postage prepaid, with a certificate of mailing, to the applicant and owners of land within three hundred (300) feet of the platted land or project not less than twenty (20) days prior to the public hearing. Additionally, notice of the public hearing shall be published in the newspaper of general circulation within the City at least fifteen (15) days prior to such hearing.

(c)

Approval; effective dates; amendments. A site-specific development plan shall be deemed approved upon the effective date of the City Council's approval of the same (and any appended referenced documents). If amendments to a site-specific development plan are proposed and approved, the effective date of such amendments, for purposes of the duration of a vested property right, shall be the date of the approval of the original site-specific development plan, unless the City Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.

(d)

Notice of approval. Each map, plat, site plan or the document constituting a site-specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Section 24-68-101, et seq., C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel of property affected and stating that a vested property right has been created shall be prepared by the applicant, approved by the City Manager and published once, not more than fourteen (14) days after approval of the site-specific development plan, in a newspaper of general circulation within the City before such vested property right is considered effective.

(e)

Costs. In addition to any and all other fees and charges imposed by this Section, the applicant for approval of the site-specific development plan shall pay all costs occasioned to the City as a result of the site-specific development plan review, including publication notices, public hearing and review costs, at the time of recording.

(f)

Revocation. The City Council may revoke a vested property right for failure to abide by the terms and conditions of such vested property right. Prior to taking action to revoke a vested property right, the City Council shall provide a public hearing to the affected landowner and shall provide at least fifteen (15) days' prior written notice mailed to the property address of record in the County Assessor's office, as well as providing notice by publication. The mailed notice to the landowners shall specifically identify the terms and conditions which are not in compliance with the site-specific development plan approval. During the period of determining compliance with the terms and conditions of the site-specific development plan, the City may administratively withhold any building, utility, excavation, road cut or other City permit, and may withhold acceptance of additional development applications or processing of existing development applications for the property subject to the site-specific development plan.

(g)

Other provisions unaffected. Approval of a site-specific development plan shall not constitute an exemption from or a waiver of any other provisions of the subdivision regulations or zoning ordinances of the City pertaining to the development and use of property.

(h)

Applicable law. A pending site-specific development plan application will be governed by the adopted laws and regulations in effect at the time the application is submitted, with the exception that the City reserves the right, pursuant to Section 24-6-102.5(2), C.R.S., to enforce new or amended laws or regulations to pending applications when such law or regulation is necessary for the immediate preservation of public health and safety, including temporary development restrictions duly adopted by ordinance, for the purposes of preparing planning studies and considering land use regulations related to public health and safety, or for the purpose of promoting concurrency of the essential public infrastructure.

(i)

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

(Ord. 789 §18-90, 2006; Ord. 811 §1, 2009)

(a)

Published notice. At least fifteen (15) days prior to any public hearing which requires published notice (see Table 12-2), the City Manager shall cause to be published a notice of public hearing in the legal section of a newspaper of general circulation within the City. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration, by both address and legal description.

(b)

Posted notice.

(1)

At least twenty-one (21) days prior to any public hearing which requires posted notice (see Table 12-2 below), the City Manager shall cause to be prepared, and the applicant shall post a sign (one [1] per street frontage) upon the parcel under consideration which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel by both address and legal description. The signs shall consist of at least one (1) sign facing each adjacent public right-of-way. The fact that a parcel was not continuously posted the full period may not, at the sole discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made.

(2)

The sign shall be at least three (3) feet by four (4) feet in size, of a durable material, such as plywood, metal or particle board, with each letter being at least two (2) inches in height and being waterproof so as not to smear. The following information shall be placed on the sign:

NOTICE OF PUBLIC HEARING
MONTE VISTA BOARD OF ADJUSTMENT
(or other hearing authority, such as the City Council
or the Planning and Zoning Commission)

MONTE VISTA CITY HALL, 4 CHICO CAMINO,
MONTE VISTA, COLORADO

(c)

Mailed notice. At least twenty (20) days prior to any public hearing which requires notification by letter (see Table 12-2 below), the City shall cause to be sent, by first-class mail, postage prepaid, with a certificate of mailing, a letter to:

(1)

All property owners within three hundred (300) feet; and

(2)

Owners of property included within the application.

The letter shall include a vicinity map, a short narrative describing the application and an announcement of the date, time and location of the scheduled hearing. The letter shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing and shall not be regarded as constituting inadequate notice.

Table 12-2
Public Hearing Notices

(Ord. 789 §18-91, 2006; Ord. 811 §1, 2009)

(a)

In any district in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record which exists as such at the time of adoption of the ordinance codified in this Chapter. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership.

(b)

This provision shall apply even though the lot fails to meet the requirements of the district in which it is located for area or width or both; provided, however, that the district standards shall be met unless a variance to the requirements has been granted by the Board of Adjustment.

(c)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this Chapter, and part or all of the lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered, for the purpose of this Chapter, to be an undivided parcel.

(d)

No portion of the parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Chapter.

(Ord. 789 §18-92, 2006)