(A)

No building permit for new construction shall be issued until a site development plan has been approved pursuant to this Section, except for:

(1)

Single-household residences;

(2)

Farms or ranches;

(3)

Airport facilities subject to superseding federal regulations relative to site development;

(4)

Parking lot resurfacing; not including additional parking spaces.

(B)

Site Development Plan—Minor Development. The following activities are reviewed as Minor Site Plan developments. Unless listed in this Subsection 11-8-1(B), or exempt under Subsection (A) above, the activity is reviewed as a Major Site Plan development under Subsection (C) below. Review and decision of Minor Site Plan developments shall be administrative only, as set forth in Section 11-4-2, Table 4.1.

(1)

A duplex dwelling;

(2)

An accessory dwelling unit in accordance with Section 11-11-5 of this Title;

(3)

A new, non-habitable structure of up to 1,000 gross square feet if water and sewer services are not provided and if no structures currently exist on the parcel;

(4)

An addition of up to 1,000 gross square feet to an existing structure, or a new structure up to 1,000 square feet on a lot with one or more existing structures;

(5)

An existing unpaved parking lot or existing unpaved work area to be paved with asphalt or concrete;

(6)

Developments determined by the City Manager to qualify as a Minor Site Plan development in consideration of the standards and scope of this Subsection (B).

(C)

Site Development Plan—Major Development.

(1)

Any proposed development that exceeds the criteria for a Minor Site Plan in Subsection (B) and that is not exempt in Subsection (A) is required to be reviewed through the Major Site Plan process. Review and decision shall be as required by Section 11-4-2, Table 4.1.

(D)

Site Development Plan—Requirements for All Developments.

(1)

A site development plan shall be submitted with an application form provided by the City and fees paid as set forth in Section 3-1 of the City of Montrose Regulations Manual. The site development plan and application can be submitted concurrent with a building permit application. The City Manager is authorized to waive any of the following requirements, as appropriate, for a minor site development plan.

(2)

The site development plan shall comply with all required subdivision improvement and design standards of this Title, and the engineering specifications of Chapter 9 of the Montrose Regulations Manual, as applicable.

(a)

All improvements shall be constructed in accordance with the City Construction Standards.

(b)

Required improvements shall include the installation of new, or repair of damaged, curb, gutter, and sidewalk along abutting streets. In those cases where the grade for curb, gutter and sidewalk cannot be established by the City or immediate construction is impractical, a recordable covenant binding the property to pay for such improvements may be accepted by the City in lieu of immediate construction of the curb, gutter or sidewalk.

(c)

Any improvement, the construction of which has been secured pursuant to the subdivision regulations in Chapter 5 of this Title or by other contract, need not be provided as part of the site development plan.

(3)

Following review, revision and approval by the City, the site development plan as approved by the City shall be revised in final form, stamped with City's approval and filed with the City. Thereafter a building permit may be issued.

(4)

No occupancy permit shall be issued until the required improvements are constructed and approved by the City in compliance with the approved site development plan or secured for completion, and a recordable maintenance covenant running with the land on forms provided by the City is executed, approved by the City and recorded.

(5)

All required improvements and landscaping shall be maintained in good repair and safe condition. Violation of this provision is hereby declared to be a nuisance which may be abated by the City in any lawful manner.

(E)

Variances by the Planning Commission may be granted from the requirements of this Section if it determines that all the following criteria are met:

(1)

The variance is requested for an addition to an existing building or construction of a purely accessory structure.

(2)

The variance will not adversely affect the public health, safety or welfare.

(3)

The addition or structure will have a de minimis effect on traffic, parking and drainage.

(4)

The variance requested is the minimum variance that will afford relief.

(5)

The variance will not result in development incompatible with other property or buildings in the area and will not affect or impair the value, use or development of other property.

(6)

Strict compliance is technically infeasible or the cost of the required site improvements is substantially more than the cost of the addition or structure or the scope of the addition or structure is insignificant with respect to the structures already on the premises.

(F)

Following approval of a site development plan, requests for amendments may be filed with the City and shall be reviewed in accordance with the provisions applicable to the form of development as set forth in this Section.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)