This Title XI shall be known as the "Land Development Regulations of the City of Montrose, Colorado," or "this Title" and may be so pleaded and cited.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

This Title is enacted pursuant to the powers granted to the City as a home rule municipality under Article XX of the Colorado Constitution, and the laws of the State of Colorado, including without limitation C.R.S. §§ 31-25-201 et seq and 29-20-101 et seq.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

This Title shall apply to all land located in the City and all land in the process of annexation into the City, as well as with respect to a major street plan only pursuant to Colorado Revised Statutes 31-23-212 and 213: all land within three miles of the City boundaries.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

The purpose of this Title is to promote the health, safety, convenience, order, prosperity, aesthetics, environmental quality, and general welfare of the present and future inhabitants of Montrose, Colorado. This Title is designed, intended and should be administered in a manner to:

(1)

Implement the City's Comprehensive Plan;

(2)

Harmoniously relate the development of the land in relation to the existing community and facilitate the future development of appropriate tracts;

(3)

Provide for adequate, safe and efficient public utilities, transportation, and pedestrian circulation and improvements; and to provide for other general community facilities and public places;

(4)

Provide for light, air, parks, open space, and other spaces for public use;

(5)

Provide for protection from fire, flood, geologic hazards and other dangers; and to provide for proper design of stormwater drainage and streets;

(6)

Provide that the cost of improvements which benefit the tract of land being developed be borne by the owners/developers of the tract, and the costs of improvements which benefit the entire community be borne by the entire community;

(7)

Provide for the preservation and conservation of unique or distinctive natural areas, scenic areas and views, natural landmarks, including rock outcroppings, significant wildlife habitats and migration areas, drainage areas, riparian areas, wetlands, historic features and archaeologically sensitive sites, recognizing the irreplaceable character of such resources and the importance to the quality of life in Montrose;

(8)

Provide for energy conservation and the promotion of the use of solar energy; and

(9)

Promote the general health, safety, and welfare of the present and future inhabitants of Montrose.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The interpretation and application of the provisions of this Title shall be regarded as the minimum required for the protection of the public health, safety and welfare and shall be liberally construed to further the purposes as specified in Section 11-1-4.

(B)

Whenever a provision of this Title and any other provision found in another City ordinance contain any restrictions or regulations covering the same subject matter, whichever restriction or regulation is more restrictive or imposes a higher standard or requirement shall govern.

(C)

The term "shall" is mandatory. The term "may" is permissive.

(D)

Words used in the present tense include the future; words used in the singular include the plural; and words of one gender include all other genders, unless the context clearly indicates the contrary.

(E)

Reference to "City" shall be interpreted to generally apply to City staff, City Planning Commission and City Council collectively.

(F)

It is not intended by this Title to interfere with, abrogate or annul any easements, covenants or agreements between parties; provided, however, that wherever this Title imposes a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures or required open spaces about buildings than are imposed or required by other laws, regulations or by easements, covenants or agreements between parties, the provisions of this Title shall govern.

(G)

The City Manager is authorized to make all final interpretations concerning the application of this Title in specific cases, subject only to review in the district court.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Any individual, discrete development application initiated on and after May 23, 2023, shall be reviewed pursuant to the review process and standards set forth in this Title, as adopted by Ordinance 2626. All development applications submitted for review prior to May 23, 2023, shall be reviewed pursuant to the regulations in applicable portions of former Montrose Municipal Code Title II and applicable chapters and sections in Title IV in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection, or any development application filed after the effective date of this Title, be reviewed under any such prior regulations.

(B)

On the effective date of the ordinance enacting this Title XI), there exist with the City numerous preliminary and final development approvals of various application types, including rezoning, subdivision, planned development, conditional use and site development. Each of said approvals shall be subject to the requirements of this Title, provided, however, that for the purpose of measuring the time of expiration of such approvals, each such approval shall be deemed to have been issued on the effective date of this Title XI provided however, existing preliminary plat and Planned Development approvals shall expire five years after the date of their original approval. It is the intent of this Title that such preexisting approvals, issued prior to the effective date of this Title, not be deprived of the full benefit of the periods of time granted prior to expiration, all as provided herein.

(C)

Existing Permits. This Title is not intended and shall not abrogate or annul any permits issued by the City before the effective date of this Title.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

It is declared to be the intention of the City Council that the sentences, clauses and phrases of this Title are severable and if any sentence, clause or phrase of this Title be declared unconstitutional or invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this Title since the same would have been enacted by the City Council without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

It shall be unlawful for any person to violate any of the provisions of this Title. Any person convicted of such a violation may be punished in accordance with Section 1-2-3 of the Official Municipal Code of the City. Each day any violation continues shall be considered a separate offense and may, in addition to prosecution in Municipal Court, be abated as a nuisance.

(B)

The City may maintain an action in any court of competent jurisdiction to enjoin or abate any violation of the requirements of this Chapter.

(C)

Any property, building, or structure existing or maintained in violation of the requirements of this Chapter is hereby declared to be a nuisance which may be abated in accordance with law in addition to prosecution in the Municipal Court.

(D)

It shall be unlawful for any person to subdivide any land within the City whether by sale, conveyance, gift, delivery or recording of a plat, deed or other legal instrument or by any other means except in accordance with the provisions of this Title.

(E)

The City may withhold building or occupancy permits with respect to any lot or tract of land which has been subdivided in violation of the provisions of this Title.

(F)

It shall be unlawful to sell any tract of land, including an entire platted lot or separately described tract, if a violation of the applicable dimensional requirements of this Title will result from such sale by virtue of a change in dimensions of any building site.

(G)

The City Manager shall be responsible for the interpretation, administration and enforcement of the provisions of this Title, as amended, the Official Zoning Map, as amended, and of any decisions entered by the Review Board or the City Council pursuant to this Title.

(H)

No building permit, occupancy permit, or other permit or license shall be issued, nor shall any action be taken or allowed by the City which is not in compliance with the provisions of this Title and any decision issued by the Review Board or City Council pursuant to this Title.

(I)

Whenever necessary to make an inspection to enforce any of the provisions of this Title, or any provision of a decision entered by the Planning Commission or the City Council, pursuant to this Title, or whenever there is reasonable cause to believe that a violation of any provision of this Title, or any decision issued by the Planning Commission or City Council, pursuant to this Title exists, the City Manager shall have the right to enter upon such building or premises at all reasonable times for the purposes of inspection or to perform any other duty imposed by this Title. Prior to entry they shall identify themselves and request permission to enter from the occupant or person in charge of the premises, if they can be found by reasonable efforts. If entry is refused, the City Manager shall have recourse to any remedy provided by law to secure entry.

(J)

The Code Enforcement Officer of the City shall be deemed a peace officer, as defined in Rule 203 of the Colorado Municipal Court Rules of Procedure, for the limited purpose of enforcing the provisions of this Title under the direction of the City Manager. The Code Enforcement Officer shall exercise the authority of a peace officer in the enforcement of these provisions, including the power to issue summons and complaints and initiate prosecution of violations thereof.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The federal Fair Housing Act, 42 U.S.C. § 3601, et seq., as amended, requires that local governments be prepared to make "reasonable accommodations" in order to permit housing for certain protected individuals to occur in residential areas. In response to a written application identifying the type of housing being provided and the portions of the Fair Housing Act that require reasonable accommodations be made for such housing, the City Manager is authorized to approve modifications to the City's land use and zoning laws, rules, policies, practices and procedures as set forth in this Title.

(B)

The City Manager may approve a type of reasonable accommodation different from that requested by the applicant if the City Manager concludes that a different form of accommodation would satisfy the requirements of the federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the City Manager shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. The decision of the City Manager shall be final for purposes of judicial review.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Requests or Proposals for Amendments. Requests or proposals to amend this Title may be initiated by City Council, the Mayor, the City Attorney, or the City Manager.

(B)

City Council Hearing. All amendments to this Title shall be approved only by the passage of an ordinance in the manner prescribed by the home rule charter.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)