The boundaries of the zoning district are established as shown on the Official Zoning Map, dated and approved January 5, 2026, and defined in Section 18.07.110. The Official Zoning Map, with all explanatory material thereon, is incorporated by reference and declared part of this title. A copy of the Official Zoning Map will be maintained in the office of the Town Clerk.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 06-2025 meeting, § 2, 4-7-2025; Ord. No. 01-2026 meeting, § 2, 1-5-2026)

In establishing the boundaries of the zoning districts shown on the Official Zoning Map, the following rules shall apply:

A.

General Rules of Interpretation. For unsubdivided property or where a zoning boundary divides a property, or if the zoning boundaries cannot otherwise be determined, the boundaries on the Official Zoning Map shall be based upon the individual zoning or rezoning map approved for the property by the Board of Trustees.

B.

Lot or Block Lines. Where no rights-of-way exist and the zoning boundaries are indicated as approximately following lot, tract, block or subdivision boundary lines, such limits shall be considered as the zoning district boundaries.

C.

Rights-of-Way. Unless otherwise indicated, the zoning district boundaries are the centerlines of streets, alleys, waterways, and railroad rights-of-way. The area within any of the rights-of-way, including railroad rights-of-way, the I-25 right-of-way and the Highway 105 right-of-way, is not granted any of the use rights associated with the overlying or adjacent zoning district(s).

D.

Vacated Rights-of-Way. Whenever a public street, alley or other right-of-way has been vacated, the zoning district adjoining each side of the right-of-way shall be extended to include the portion of the vacated street, alley, or other right-of-way adjacent to such adjoining property.

E.

Town Boundaries. Boundaries indicated as approximately following the Town limits shall be considered as following the Town limits.

F.

Other Boundaries. Boundaries indicated as approximately parallel to or extensions of centerlines, lot, or tract lines, Town limits, or similar geographic lines shall be considered as the boundaries when no or other reliable documentation is available.

G.

Map Discrepancies. Should an actual street layout or stream course vary from that shown on the map or any other uncertainty remain as to the location of a zoning district boundary, the Director shall interpret the map based on the best information available and according to the intent of this title and any other applicable provisions of the Municipal Code.

H.

Boundary Disputes. Disputes concerning the exact location of any zoning district boundary line shall be decided by the Board of Adjustment.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Annexation of land into the Town is governed by the procedures in Colorado Constitution Article II, Section 30 and C.R.S. § 31-12-101, et seq. All annexed land shall be zoned within ninety (90) days of annexation following the procedure for rezoning at Section 18.03.140. Zoning of property proposed for annexation may be processed simultaneously with the petition for annexation, provided no ordinance zoning such property may be finally adopted prior to final adoption of an ordinance or ordinances annexing such property.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

The Board of Trustees may amend the boundaries of any zone district as shown on the Official Zoning Map by following the procedures in this section.

1.

Rezoning of individual property may be initiated by the Town or by application filed by the landowner.

2.

Requests for rezoning initiated by the Board of Trustees, Planning Commission or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff. In this instance, the Town shall be considered to be the applicant.

B.

To initiate a rezoning of private property, the petitioner must be the owner of the affected property or a person with the signed authorization of the owner to present the application.

C.

If a proposed rezoning is inconsistent with the Comprehensive Plan, the request may only be approved if the applicant demonstrates that the rezone is justified because of changed or changing conditions in the particular area, in the Town in general or that the rezoning is necessary to correct a manifest error in the existing zone classification.

D.

The Planning Commission and Board of Trustees may consider the following evaluation criteria in considering rezoning applications:

1.

The compatibility of the rezoning proposal with the surrounding zone districts and land uses in the vicinity of the site of the rezoning, including the characteristics of the existing neighborhood, the applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics;

2.

The impacts of the rezoning upon expected traffic generation and road safety availability of on-site and off-site parking and the availability of adequate utility services and street access on the site;

3.

That the land proposed for rezoning, or adjacent land, has changed or is changing to a degree such that it is in the public interest and consistent with the intent, purpose and provisions of this chapter to encourage different densities or uses within the land in question;

4.

That the proposed rezoning is needed to provide land for a demonstrated community need or service and such rezoning will be consistent with the goals, objectives and policies contained within the Comprehensive Plan;

5.

That the existing zoning classification currently recorded on the Official Zoning Map is in error;

6.

That the proposed rezoning is in conformance, or will bring the property into conformance, with the Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area;

7.

That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zoning, or that the applicant will upgrade and provide such where non-existent or under capacity; and

8.

The impacts of the rezoning upon expected traffic generation and road safety, availability of onsite and off-site parking and the availability of adequate utility services and street access to the site.

E.

In case of a protest against a proposed rezoning filed with the Town Clerk at least twenty-four (24) hours prior to the public hearing and signed by the owners of twenty (20) percent or more either of: (1) the area of the property included in such proposed change; or (2) the area immediately adjacent to the area proposed to be rezoned, extending for a radius of one hundred (100) feet therefrom, disregarding intervening public streets and alleys, such amendment shall not become effective except by the favorable vote of two-thirds of the members of the Board of Trustees.

F.

The Board of Trustees may, upon request of the Planning Commission, the Director, or on its own motion, initiate a procedure for rezoning a significant area of the Town, consisting of six or more individual ownership parcels. This rezoning is a legislative not a quasi-judicial act and may be accomplished by ordinance without notice to individual landowners. The protest procedures of Subsection 18.03.140.E shall not apply. The procedure for legislative rezoning shall be as follows:

1.

Requests for legislative rezoning initiated by the Board of Trustees, Planning Commission or the Director, will be prepared as a draft ordinance by the Town Attorney and Town staff. In this instance the Town shall be considered to be the applicant.

2.

After conducting its review on the request, the Planning Commission shall transmit its recommendations to the Board of Trustees.

3.

Notice of the public hearing before the Board of Trustees shall be given by publication of the request. The notice shall be published in a newspaper of general circulation in the Town and by posting at the Town offices. Notwithstanding Section 18.201.160, Table 1.2, separate notice to individual property owners is not required but may be given in the sole discretion of the Town. The Town choosing not to give such individual notice shall not be a basis for challenge of the legislative rezoning.

4.

The Board of Trustees shall consider the public testimony, the recommendations of the Comprehensive Plan, and the interests of the Town in general when considering a legislative rezoning. The criteria of subsections 18.03.140.C and D shall not apply.

G.

The action of the Board of Trustees in approving all rezoning applications shall be taken by ordinance and recorded on the Official Zoning Map.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

As part of the process for obtaining a construction permit from the Town pursuant to Section 18.01.290, an applicant must submit a site plan for any new construction or building addition. For projects zoned PUD (Planned Unit Development), the approved final PUD site plan shall serve as the site plan required for the construction permit. See subsection 18.04.420.C.

B.

Submittal Requirements. The applicant shall submit all required materials specified in the site plan checklist.

C.

Procedure. An application for site plan approval shall be processed in accordance with the Review Procedures Chart at Section 18.01.220 and Table 1.1.

D.

Criteria for Review. The Town staff shall consider the following criteria in reviewing a site plan application:

1.

The site plan is generally consistent with the Comprehensive Plan and other relevant Town goals and policies;

2.

The site plan is generally consistent with any previously approved subdivision plat;

3.

The site plan complies with all applicable development and design standards set forth in this title;

4.

The development proposed on the site plan and its general location is or will be compatible with the character of surrounding land uses; and

5.

Any significant adverse impacts reasonably anticipated to result from the proposed development will be mitigated or offset to the maximum extent reasonably practicable.

E.

Conditions of Approval. The Town staff may place conditions upon issuance of a site plan approval which it deems necessary and proper to ensure that the development proposal will be implemented in the manner indicated in the application. Said conditions shall be listed on the approved permit. Conditions may include, but not be limited to, the following:

1.

Use. The condition may restrict the future use of the proposed development to that indicated in the application.

2.

Homeowners' Association. The conditions may require that, if a homeowners' association or merchants' association is necessary or desirable to hold and maintain common property, it be created prior to the issuance of a permit.

3.

Dedications. The conditions may require conveyances of title or easements to the Town, or public utilities for purposes related to the community's public health, safety and welfare, which may include land and/or easements for utilities, roads, snow storage or other similar public uses. Conditions may require construction to public standards and dedication of those public facilities necessary to serve the development and the public.

4.

Construction Guarantees. The conditions may require the depositing of certified funds with the Town, the establishment of an escrow fund, the depositing of an irrevocable letter of credit, the posting of a bond or other surety or collateral (which may provide for partial releases), to ensure that all construction features included in the application or required by the terms of the site plan approval are provided as represented and approved. The Town may also require a monetary guarantee ensuring that the site will be revegetated to its original condition if the project is abandoned after construction has commenced.

5.

Public Improvements. The conditions may require the installation of public improvements or participation in a special assessment district for the installation of public improvements within, adjacent to or contributing to the project. Such public improvements shall be secured in the same form required for public improvements at Section 18.02.420.

6.

Additional and/or Revised Plans. The conditions may require that additional plans or engineered revisions to utility, drainage or site plans be submitted to the Town and approved prior to issuance of a building permit.

F.

Following approval of a site plan and the satisfaction of any conditions of approval, the site plan shall be signed by the Director and the Mayor and attested by the Town Clerk. A public improvement agreement (PIA) shall be approved by Town staff and executed by the owner/applicant and the Town prior to recordation of the site plan, or final plat, whichever is submitted and approved last. The Director may waive the PIA if there are minimal site plan improvements.

G.

Modification of plan during construction. All site improvements shall conform to the approved site plan, including engineering drawings approved by the Town staff. If the applicant makes any changes during construction in the development in relation to the approved site plan, such changes shall be made at the applicant's risk without any assurances that the Town staff will approve the changes. The applicant will be required to correct the unapproved changes so as to conform to the approved site plan.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

In order to carry out the provisions of this title, the following ten (10) standard zoning districts are established:

1.

Large Lot Residential (LLR) zone district.

2.

Single-Family Detached Low Density (SFD-1) zone district.

3.

Single-Family Detached Medium Density (SFD-2) zone district.

4.

Residential Attached (RA) zone district.

5.

Mobile Home Park (MHP) residential zone district.

6.

Downtown Business (DB) zone district.

7.

Commercial Center (CC) zone district.

8.

Business Campus (BC) zone district.

9.

Light Industrial (LI) zone district.

10.

Public (P) zone district.

B.

In addition to the standard zoning districts listed in subsection (A) above, the following overlay zoning district is established:

1.

Regency Park Overlay Zone District. The Regency Park overlay zone district consists of the following zone districts:

a.

Planned Residential District—Estate (PRD-2).

b.

Planned Residential District—Single-family (PRD-4).

c.

Planned Residential District—Single-family (PRD-6).

d.

Planned Residential District—Multiple Family (PRD-10).

e.

Planned Commercial Development District (PCD).

f.

Planned Industrial Development District (PID).

g.

Planned Multi-Use Development District (PMD).

C.

In addition to the standard and overlay zoning districts listed in subsections (A) and (B) above, a Planned Development (PUD) District is established (see Article 4 Planned Unit Developments).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Large Lot Residential zone district is to provide a very low-density residential environment of a rural estate character. Development in the LLR zone district does not require centralized services unless lot sizes are reduced and clustered to provide common open space.

B.

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.1.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.1, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Large Lot Residential zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Large Lot Residential zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Single-Family Detached Low Density zone district is to provide for low density single-family detached residential dwellings, and for residential and related uses in keeping with the character of single-family living.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.2.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.2, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Single-Family Detached Low Density zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Single-Family Detached Low Density zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Single-Family Detached Medium Density zone district is to provide for medium density single-family detached residential dwellings, and for residential and related uses in keeping with the character of single-family living.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.3.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.3, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Single-Family Detached Medium Density zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Single-Family Detached Medium Density zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Residential Attached zone district is to provide a mix of housing options, including single-family attached and multifamily residential dwellings.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.4.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.4, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Residential Attached zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Residential Attached zone district in accordance with Chapter 6 of this title.

G.

Open Space. Within single-family attached and multifamily use areas, a minimum of twenty (20) percent of the gross site area shall be set aside as common open space which may include, yet not limited to, landscaped areas, swimming pools, tennis courts, play areas, walkways and bikeways (excluding driving and parking areas).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Mobile Home Park zone district is to ensure and promote an acceptable living environment for occupants of mobile homes.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Park size, lot/space, setback and height requirements shall be as shown in Table 3.5.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.5, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340. An accessory structure which has a horizontal area exceeding twenty-five (25) square feet and is attached to a mobile home shall, for the purposes of all separation requirements, be considered to be part of the mobile home.

E.

All site development in the Mobile Home Park zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Section 18.04.160 and Chapter 5 of this title.

F.

Signs shall be permitted in the Mobile Home Park zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Downtown Business zone district is to provide for and encourage development and redevelopment that preserves and enhances the unique character of downtown Monument.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350. All uses shall comply with the general performance standards in Section 18.04.110.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.6.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.6, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Downtown Business zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Downtown Business zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Commercial Center zone district is to provide for consumer goods and services in well-planned nodes of commercial development outside of the Downtown Business zone district.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350. All uses shall comply with the general performance standards in Section 18.04.110.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.7.

1.

At the fifty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into more than fifty (50) percent of the front yard.

2.

At the twenty-five-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

3.

At the twenty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

4.

At the fifteen-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

5.

A rear yard of greater than one-half, and a side yard of greater than one-fourth of the front yard shall be required where the side yard is adjacent to a public right-of-way. In such cases of double frontages, minimum front yards standards shall apply for each respective street frontage.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.7, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Commercial Center zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Commercial Center zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Business Campus zone district is to provide for the attraction of a variety of employment-generating uses including all office types, highly specialized and technological industries, research and experimental institutions, light manufacturing support facilities, and business services.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350. All uses shall comply with the general performance standards in Section 18.04.110.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.8.

1.

At the fifty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into more than fifty (50) percent of the front yard.

2.

At the twenty-five-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

3.

At the twenty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

4.

At the fifteen-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

5.

A rear yard of greater than one-half, and a side yard of greater than one-fourth of the front yard shall be required where the side yard is adjacent to a public right-of-way. In such cases of double frontages, minimum front yards standards shall apply for each respective street frontage.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.8, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Business Campus zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Business Campus zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Light Industrial zone district is to provide for areas for industrial uses which, by their nature, have minimal detrimental effect beyond the zone district in which they are located, and do not constitute a detriment to the public health or welfare by reason of smoke, radiation, noise, dust, odor, gas, glare, vibration, particulate matter, water pollution or the use of toxic and or hazardous chemicals.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350. All uses shall comply with the general performance standards in Section 18.04.110.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.9.

1.

At the fifty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into more than fifty (50) percent of the front yard.

2.

At the twenty-five-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

3.

At the twenty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

4.

At the fifteen-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

5.

A rear yard of greater than one-half, and a side yard of greater than one-fourth of the front yard shall be required where the side yard is adjacent to a public right-of-way. In such cases of double frontages, minimum front yards standards shall apply for each respective street frontage.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.9, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Light Industrial zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Light Industrial zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Public zone district is to provide for property devoted to public and quasi-public buildings and facilities, such that those properties, while unique in many respects, may nevertheless be subject to appropriate land use regulations.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.380. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.10.

D.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.10, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

E.

All site development in the Public zone district, including parking, landscaping, lighting, and site design, shall be in accordance with Chapter 5 of this title.

F.

Signs shall be permitted in the Public zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent. The purpose of the Regency Park overlay zone district is to provide for the development of Regency Park in accordance with the Regency Park Development and Rezoning Plan, as amended, and these regulations.

B.

Land Use. Land uses are permitted as shown in the Schedule of Uses in Section 18.03.390. Accessory uses shall be in conformance with Section 18.03.340. Temporary land uses are as shown in Table 3.12 and shall be in conformance with Section 18.03.350. All nonresidential uses shall comply with the general performance standards in Section 18.04.110.

C.

District Standards. Lot, yard and height requirements shall be as shown in Table 3.11.

1.

As determined during site plan review for the particular use being considered (either residential: PRD-10; commercial: PCD; industrial: PID).

2.

At the fifty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into more than fifty (50) percent of the front yard.

3.

At the twenty-five-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

4.

At the twenty-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

5.

At the fifteen-foot minimum setback, only principal buildings or structures up to thirty (30) feet in height will be permitted. For each additional ten (10) feet back of setback, an additional ten (10) feet of height shall be permitted up to the maximum height allowed. Parking shall not be permitted to encroach into no more than fifty (50) percent of the front yard.

6.

Rear and side setbacks for uses in PCD and PID determined during site plan review. A rear yard of greater than one-half, and a side yard of greater than one-fourth of the front yard shall be required where the side yard is adjacent to a public right-of-way. In such cases of double frontages, minimum front yards standards shall apply for each respective street frontage.

_____

E.

Accessory Structures. Building requirements for accessory structures shall be as shown for principal structures in Table 3.11, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 18.03.340.

F.

All site development in the Single-Family Detached zone district, including parking, landscaping, lighting, building and site design, shall be in accordance with Chapter 5 of this title.

G.

Signs shall be permitted in the Single-Family Detached zone district in accordance with Chapter 6 of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

General.

1.

A building, structure, or lot shall not be developed, used, or occupied unless it meets the maximum height and minimum lot and yard requirements set forth for the zoning district in which it is located, except as otherwise established in this chapter or unless a variance has been granted.

2.

All heights shall be measured in accordance with the definition of height in Section 18.07.110 of this title.

3.

A yard setback, lot area, or lot width required by this title shall not be included as part of a yard setback, lot area, or lot width for another building or structure or lot, except as otherwise provided in this chapter.

4.

Yards shall be unoccupied and unobstructed by any structure or portion of a structure from thirty-six (36) inches above grade upward; provided, however, that fences, walls, trellises, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility.

5.

No structure shall project into any required easement or public right-of-way.

B.

Projections into Required Yard Setbacks. The following structures may project into required front, side or rear yard setbacks as follows:

1.

Cornices, canopies, eaves, fireplaces, tongues and hitches for mobile homes, window wells, chimneys, bay windows, ornamental features, or similar architectural features may extend into a required yard a maximum of two feet.

2.

Window wells may extend into a required yard setback a maximum of three feet but not closer than two feet from any property line, provided they are easily removable (e.g., made of corrugated metal, treated timbers, or similar) and do not interfere with utility service.

3.

Open, unenclosed, uncovered porches, decks, or ramps up to forty-two (42) inches above the finished grade may extend into a required yard not more than six feet, provided these projections are at least five feet from the lot line. Rails are excluded from the forty-two-inch maximum height. All other porches, decks, or ramps shall not extend into any required yard, with the exception of pergolas, which may be constructed in a required yard.

4.

Fire escapes may extend into a required yard not more than six feet, provided the projection is at least five feet from the lot line.

5.

Solar collection devices and equipment may project not more than eighteen (18) inches into a yard setback.

6.

Essential permitted services are exempt from yard requirements.

C.

Height Exceptions for Appurtenances. Except as specifically provided elsewhere in this title, the height limitations contained in this chapter do not apply to spires, steeples, belfries, cupolas, chimneys, ventilators, skylights, parapet walls, cornices without windows, solar collectors or necessary mechanical appurtenances located above the roof level; provided, however, the following:

1.

The appurtenance does not interfere with FAA Regulations;

2.

The appurtenance does not extend more than ten (10) feet above the maximum permitted building height, except for belfries that must be of greater height in order to function; and

3.

The appurtenance is not constructed for the purpose of providing additional floor area in the building.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 12-2023, § 2(Exh. B), 6-5-2023)

Those uses designated as permitted uses on the schedule of uses in Sections 18.03.380 and 18.03.390 are allowed as a matter of right subject to approval of a site plan per Section 18.03.150.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Those uses designated as conditional uses on the schedule of uses in Sections 18.03.380 and 18.03.390 are subject to approval in accordance with this section. Pre-existing uses approved as uses by special review are considered conditional uses. See Section 18.01.160.B.

B.

Conditional uses are uses which because of their potential range in size, intensity, activity level, and land use characteristics, require an additional level of review to determine if a proposed use and development is appropriate in a specific location. The purpose of the conditional use review is to assess the compatibility of the use and the scale, intensity, and activity level of a proposed use with surrounding land uses and developments.

1.

References to conditional uses, found within the Monument Municipal Code or within approved preliminary or final PUD's, shall follow all standards outlined in this section.

2.

An applicant must receive approval of a conditional use prior to submittal of a construction permit application.

C.

The purpose of this section is to ensure that a proposed conditional use is compatible with the surrounding area and conforms to the purposes of this title as set forth in Section 18.01.140, and to the review and approval criteria herein. Conditional uses shall not be allowed where such use or development would create a nuisance, traffic congestion, a threat to the health, safety, or welfare of the community, or a violation of any provisions of the Municipal Code.

D.

Review and Approval Criteria. The conditional use shall conform to the following review and approval criteria:

1.

The proposed use is generally consistent with the Comprehensive Plan and other relevant Town goals and policies;

2.

The proposed use is generally consistent with the purpose and intent of the zoning district in which it is located;

3.

The proposed use is generally consistent with any applicable use-specific standards set forth in this title;

4.

The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

5.

Facilities and services (including sewage and waste disposal, water, gas, election, police and fire protection, and streets and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

6.

Adequate assurances of continuing maintenance have been provided; and

7.

Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent reasonably practicable.

E.

Site Plan Required. Approval of a conditional use is also subject to approval of a site plan application. Decisions on each type of application shall be based on the applicable approval criteria in this section (for the conditional use) and Section 18.03.150 of this chapter (for the site plan).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The primary use of a lot is referred to as a principal use which may be a land use or a structure. Only one principal use per lot is allowed except where a mix of residential and nonresidential uses may be permitted in a specified zone district.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

An accessory use and/or structure must comply with the following requirements: Accessory uses need not be enclosed unless they would require enclosure in accordance with other regulations in this title. An accessory use and/or structure must:

1.

Be clearly incidental and customary to, and commonly associated with the permitted use;

2.

Be operated and maintained under the same ownership or lessees or concessionaires thereof, and on the same lot as the permitted use;

3.

Structures or structural features must be compatible with, and architecturally consistent with, the permitted use and principal structure(s) on the property, and with the principal structures on adjacent properties.

B.

The total gross floor area of detached accessory structures shall not exceed ten (10) percent of the area of the lot; provided, however, that this limitation shall not apply to detached garages used exclusively by occupants of structures containing the permitted or accessory use.

1.

A detached garage shall not exceed six hundred (600) square feet in a single-family residential zone, except in the Large Lot Residential zone. In the Large Lot Residential zone, a detached garage shall not exceed eight hundred (800) square feet. The total gross floor area of all detached accessory structures including the garage, shall not otherwise exceed ten (10) percent of the area of the lot.

2.

An accessory use in conformance with this title may be operated in a garage provided there is adequate off-street parking for the principal and accessory use(s).

C.

If operated partially or entirely within the structure containing the permitted use, the gross floor area within such structure utilized by accessory uses shall not be greater than forty (40) percent. Day care, foster family care, and other similar uses located in a single-family residence are excluded from this requirement. (See also Home Occupations in Section 18.04.140).

D.

Accessory Dwelling Units.

1.

Permit Required. No Accessory Dwelling Unit (ADU) shall be constructed, established, or occupied without first obtaining a permit issued by the Director of Planning or designee. An ADU shall require site plan approval in accordance with Section 18.03.150. An ADU in a non-residential zone district shall require a conditional use permit.

2.

Requirements for an ADU.

a.

An ADU must be designed, erected, altered, used and occupied in conformity with all regulations established in this title and upon performance of all conditions set forth in this title. A temporary structure, mobile home or recreational vehicle shall not be used as an ADU.

b.

An ADU must be connected to the Town's and/or a district's central water and/or sewer systems in conformance with the applicable utility regulations. An ADU may be served by a permitted well system capable of serving an ADU. Separate water and sewer taps shall not be permitted for ADUs.

c.

An ADU must be on the same lot as the principal use. An ADU cannot be conveyed separately to the principal use unless first legally subdivided in accordance with this Code.

d.

Where the principal building is designated as a historic property—listed on the National Register of Historic Places, the Colorado State Register of Historic Properties, or as a contributing structure or landmark by the Town—an ADU shall be permitted only in compliance with applicable historic preservation standards and procedures.

e.

ADUs shall not encroach on recorded easements unless the Town or easement holder, as applicable, has granted a license for encroachment into the easement.

f.

It shall be the responsibility of the property owner to comply with any applicable private covenants, conditions and restrictions affecting the lot, including, but not limited to, Homeowners' Association requirements. The Town is not responsible for reviewing or enforcing private covenants, conditions and restrictions that may limit or prohibit an ADU or parking restrictions that would prevent shared parking.

3.

Location. ADUs shall be located as follows:

a.

Within the principal building, separated by a wall, door, or combination thereof;

b.

As an addition to the principal building; or

c.

Within a detached building located on the same lot as the principal structure.

d.

Attached or integrated ADUs may be located in the front and side. Detached ADUs shall be located only in the side or rear yard, including corner yards in a detached structure.

4.

ADU Specific Development Standards.

a.

No more than one (1) ADU shall be permitted on any lot.

b.

ADUs shall be compatible with and architecturally consistent with the principal structure and the surrounding neighborhood.

c.

The floor area of an ADU shall not exceed fifty (50) percent of the floor area of the principal structure or six hundred (600) square feet, whichever is less. In the Large Lot Residential District the floor area of an ADU may be greater than six hundred (600) square feet, but shall not exceed one thousand two hundred fifty (1,250) square feet.

d.

Attached or integrated ADUs shall not exceed the maximum permitted height of the principal building in the applicable zoning district, nor twenty-five (25) feet. Detached ADUs shall comply with the height restriction in the applicable zone district, except that no detached ADU shall exceed sixteen (16) feet in height, unless the detached ADU is created through the conversion of an existing garage, and does not exceed twenty-five (25) feet in height.

e.

An ADU must comply with existing setbacks applicable to the principal building. The minimum rear yard setback for a detached ADU shall be the lesser of five (5) feet or the minimum accessory structure setback established for the zoning district.

f.

Where an ADU requires a new outside entrance in addition to the entrance of the principal dwelling unit, only one (1) entrance visible from the street frontage shall be permitted. Additional entrances shall be located on the side or rear elevations of the principal dwelling unit. External stairs shall not be used to access a second-story ADU unless serving an existing second-story entrance.

g.

Parking. One (1) off-street parking space shall be provided for each attached or detached ADU unless the Director of Planning or designee approves an alternative parking arrangement. The off-street parking space may be shared parking.

h.

Owner Occupancy Required. The property owner must demonstrate that the property owner resides on the parcel when an application is submitted:

i.

To construct or convert an accessory dwelling unit. This exception does not apply for an accessory dwelling unit that is being constructed simultaneously with a new primary dwelling unit.

j.

Short-Term Rentals Prohibited. No ADU or any dwelling unit on the same lot as an ADU may be used for short-term rentals. For purposes of this provision, rental of any dwelling unit for thirty (30) days or less is a short-term rental.

5.

Use Tax Rebate.

a.

The Town hereby establishes a one-time, fifty (50) percent Use Tax Rebate for the construction of ADUs intended for occupancy by qualifying low- to moderate-income households.

b.

A one-time fifty (50) percent Use Tax Rebate is available to individuals or households who:

i.

Qualify as "low-income" or "low- and moderate-income" under Title 24, Subtitle B, Chapter V, Subchapter C, Part 570, Subpart A, Section 570.3 of the Federal Code of Regulations, and

ii.

Demonstrate that they will own and reside on the property at the time the application is submitted.

c.

Properties used for short-term rentals, defined as any dwelling available to be rented for thirty (30) days or fewer, are not eligible for the Use Tax Rebate.

d.

The Planning Department shall ensure that applicants are informed of the availability of the Use Tax Rebate.

e.

The Planning Department shall track all applications requesting or qualifying for the Use Tax Rebate and maintain records for reporting and administrative purposes.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 23-2025 meeting, § 2(Exh. A), 12-1-2025; Ord. No. 28-2025 meeting, § 2(Exh. A), 12-15-2025)

A.

Intent. The intent of the temporary use permit is to ensure that temporary uses and improvements operate safely, are not detrimental to the public health, provide necessary services, and achieve compatibility with surrounding land uses. It is not the intent for temporary uses to compete with permanent businesses.

B.

Permits Required. All temporary uses and/or structures require a temporary use permit issued by the Director prior to beginning operation. The Director may determine, at his or her discretion, that a use does not qualify for approval as a temporary use due to the size, duration, or intensity of the use, or that potential impacts caused by the temporary use cannot be properly mitigated. The Director may determine that a use not identified as a temporary use in Table 3.12 may qualify for approval as a temporary use due to the size, duration, and intensity of the use. Uses or improvements in any right-of-way or property owned by the Town also require a revocable permit pursuant to Chapter 12.36 of the Municipal Code.

1.

The Town may impose such conditions as deemed necessary to meet the criteria in subsection (E) below and protect the integrity of the underlying zoning district and the surrounding neighborhood in which the temporary use is proposed to be located. This may include, but is not limited to, setting requirements for, or imposing restrictions upon, size, massing, location, open space, landscaping, buffering, screening, lighting, noise, signage, traffic and pedestrian circulation and control, parking design and operations, duration, hours of operation, setbacks, building materials and architectural design, sanitation, trash removal, dust control, drainage, erosion control, and provision of utilities and services.

2.

Every permit issued pursuant to this section shall expire no more than two years beyond the approval date of the permit. Permits will not be renewed unless the use is a seasonal use or associated with a construction activity. Seasonal use or uses associated with a construction activity may be renewed for up to two years at any one time using the same procedures as for an initial application.

3.

Revocation of Permit. If, upon review, the conditions or restrictions imposed by this Code or by the temporary use permit have not been complied with, the Director or Code Enforcement Officer may take any action deemed necessary to remedy the noncompliance, including, but not limited to, revocation of the permit or pursuing the noncompliance as a zoning violation.

4.

Unless otherwise established by the approval, or as stated elsewhere in this section, a temporary use or improvement shall be deemed abandoned and the permit shall have no further force and effect if:

a.

The primary intended use or activity has not been substantially implemented within three months of approval of the temporary use or improvement;

b.

The approved activity has not been conducted within the last sixty (60) days, excluding seasonal uses;

c.

Most of the permitted improvements have been removed; or

d.

As otherwise determined to be abandoned by the Director.

5.

Non-Assignability. No permit issued pursuant to this section shall be assignable.

C.

Exempt Activities. The following temporary activities are exempt from these regulations:

1.

Storage or moving containers for a business or residence actively moving or a related activity and not exceeding fourteen (14) calendar days in any one year.

2.

Dumpsters for a business or residence actively undergoing construction or a related activity and not exceeding fourteen (14) calendar days in any one year.

3.

Temporary uses, structures, and/or vehicles/trailers needed as the result of a natural disaster or other health and/or safety emergency are allowed for the duration of the emergency or as needed to address conditions caused by the emergency.

D.

Prohibited Uses or Activities. The following uses and activities are prohibited due to negative visual, or other, impacts:

1.

Storage in trailers or roll-off containers for longer than fourteen (14) days unless associated with an active construction site or a non-residential use, business or residence in the process of moving.

2.

Outdoor storage other than accessory storage for an active construction site. Any other outdoor storage shall conform to the Code requirements for the zone district in which the property is located and shall conform to an approved site plan.

3.

Vehicles or trailers bearing a sign shall not be parked or located on private property for the primary purpose of displaying the sign, unless otherwise provided herein. This does not apply to signs or lettering on buses, taxis, or vehicles parked or used as part of normal business operations.

4.

Commercial outdoor automotive/recreational vehicle/boat repair other than windshield repair.

5.

Outdoor sales of durable goods as a principal use not associated with a farmer's market, special event, business promotional event, or with an approved site plan, unless the operation meets the requirements for a mobile vendor or kiosk as stipulated in Section (E) below.

E.

Allowed Uses and Activities. Temporary uses of land are permitted subject to the specific zone districts and time periods listed in Table 3.12, and any other applicable regulations of this section and the zoning district in which the use is permitted. The Town may approve other temporary uses and activities if it is determined that such uses meet the intent and criteria of this section.

1.

Mobile Vendors. A mobile vendor is permitted to operate anywhere within non-residentially zoned districts within the Town limits, provided that the parking of the vehicle and all activities associated with the sale of goods and/or services, including signage, are prohibited from being within any public right-of-way or public property unless specifically permitted as part of a special event, farmer's market, or lake use permit.

a.

A mobile vendor must provide written permission from the private property owner upon whose land the vendor's vehicle is parked.

b.

The mobile vending operation must not be determined to be a traffic hazard, either due to its proximity to a traveled way, sight obstruction, parking issues, pedestrian access, or other hazard as determined by the Town.

c.

A mobile vendor cannot be located within one thousand (1,000) feet of another mobile vendor or kiosk, unless operating as a part of, or in conjunction with, a permitted special event or farmer's market.

d.

Any signage for mobile vendors must meet the requirements of Chapter 6 of this title. A banner or sandwich sign (but not both) may be used for signage for a mobile vendor, pursuant to the regulations in Chapter 6 of this title, except that a sandwich or banner sign may not be located further than twenty (20) feet from a mobile vendor and may not be located within a public right-of-way, nor on public property. Banner signs do not need to be affixed to a permanent base.

e.

The vehicle and signage must be removed daily by the vendor.

f.

Mobile food cart(s), excluding motor vehicle or trailers may operate in a single location without a permit. If located in the right-of-way or on public property, a revocable permit is required.

2.

Kiosks. A kiosk may be located within a parking lot of any commercially zoned property with written permission of the owner or manager of the property.

a.

A plan shall be submitted and administratively approved by Town staff. The plan must show:

i.

The location of the kiosk on the site. Any kiosk must be located at least one thousand (1,000) feet from a business selling similar goods or services. A kiosk cannot be located any closer than one thousand (1,000) feet from another kiosk or mobile vendor. An available public restroom must be located within one thousand (1,000) feet of a kiosk operation.

ii.

The number of parking spaces taken up by the kiosk and the operation.

iii.

Signage. Any signage for mobile vendors must meet the requirements of Chapter 6 of this title. Kiosks may have a banner or sandwich sign, except that a sandwich sign must be located within five feet of the kiosk and must not interfere with pedestrian nor vehicular circulation, and a banner sign must be affixed to the kiosk.

iv.

That the kiosk does not obstruct vehicular or pedestrian circulation.

v.

List of uses.

vi.

Distance in feet from a business or a permanent facility selling similar goods or services.

vii.

Architectural elevations or photographs of the kiosk, which must be compatible with adjacent buildings on the same site.

b.

Evidence of a building permit for a kiosk must be presented if required by the Pikes Peak Regional Building Department.

c.

A kiosk must be removed within ninety (90) days of expiration of the contract with the property owner, or cessation of operations by the kiosk operator. Once removed, the site upon which the kiosk was placed must be restored to its original condition within ninety (90) days.

3.

Prohibited Uses. The following goods and services are prohibited from being sold by mobile vendors or kiosk operators:

a.

Alcoholic beverages.

b.

Drugs, whether prescription or non-prescription.

c.

Sexually oriented materials or services.

d.

Items larger in size than ten (10) square feet.

e.

Fireworks, as defined in C.R.S. § 12-28-101, and further specifically including permissible fireworks as defined in C.R.S. § 12-28-101(8).

f.

Food that is not properly handled or refrigerated.

g.

Firearms.

h.

Hazardous materials of any kind.

4.

Other Requirements.

a.

State of Colorado Sales Tax License/Tax ID Number. Every mobile vendor or kiosk operator is required to obtain a valid State tax identification number and remit all applicable sales taxes to the appropriate agencies.

b.

Health Department Permit. Any mobile vendor or kiosk operator selling any type of foodstuffs that require an El Paso County Department of Public Health and Safety permit must submit a copy of the permit to the Town prior to startup of operations.

c.

Insurance. Liability insurance acceptable to the Town is required for all mobile vendors and kiosk operators.

5.

Waiver. The Director may administratively waive any of the conditions listed above if, in his sole discretion, it is determined that special circumstances exist that cause those regulations to be onerous or inapplicable for a particular mobile vendor or kiosk application.

F.

Approval criteria. An application for any temporary use may be approved if it conforms to the following criteria, as applicable.

1.

The application is in conformance with the intent of this section and the zoning district in which the use is proposed.

2.

The location, size, design, operating characteristics, and visual impacts of the proposed use will be compatible with the surrounding properties and neighborhood, and will not compromise the public health and/or safety.

3.

A drainage plan, erosion control plan, and/or weed control plan has been provided if required. Weeds will be controlled and any landscaping on the site will be maintained for the duration of the use.

4.

Adequate and safe access will be provided to the site. No temporary structure(s) shall obstruct the vision of traffic by a motorist, bicyclist or pedestrian; or obstruct the view of any traffic control signal or device.

5.

The site will provide parking sufficient to accommodate all customers, occupants, and/or employees of the temporary and principal use(s) on the site. Gravel surfaced parking for a temporary use serving a project under construction, or for a seasonal use, may be approved provided that such gravel surfaced parking lot will be adequately maintained.

6.

There is adequate traffic and pedestrian circulation, traffic control, snow storage and removal if applicable, and no safety hazards will be caused by the use or improvement(s).

a.

A traffic control plan may be required. Any necessary traffic control devices such as signage will be provided by the applicant.

b.

Adequate provisions for public safety, including minimizing any fire hazards, must be provided. The Fire Department has approved the use or activity, if required.

7.

Adequate services will be provided, including electricity, gas, water, sanitary facilities, and refuse disposal, as applicable.

8.

The temporary use or activity will not generate excessive noise, light pollution, glare, undue traffic congestion, or other significant negative impacts. Hours of operation are limited to Monday through Friday from the hours of 7:00 a.m. to 7:00 p.m., and Saturday and Sunday from the hours of 8:00 a.m. to 6:00 p.m. unless the Town determines longer hours conform to this section and will not significantly disturb nearby residents, businesses, or occupants.

9.

The applicant has a valid Town of Monument Business License, if required, prior to operation of the temporary use.

10.

Signage for any temporary use complies with Chapter 6 of this title.

11.

The applicant will obtain any required permits or approvals from the health department, Pikes Peak Regional Building Department (PPRBD), Mountain View Electric (MVEA), and any applicable government, district, or agency prior to operating the business or use.

12.

Adequate provisions have been made for cleanup and, if applicable, restoration of the site in a timely fashion upon termination of the use/improvement. A sufficient clean-up/site restoration deposit has been provided, if required. The deposit will be based on a general estimate of what it would cost for a contractor hired by the Town to restore the site to its former condition.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 09-2022, 7-5-2022)

A.

Uses not listed in a zone district are prohibited except that such uses may be approved by the Director provided such uses are found to be similar to a permitted use.

B.

Any person aggrieved by a decision of the Director pursuant to this section may appeal that decision to the Planning Commission under the following procedure:

1.

The appeal must be made in writing and filed within thirty (30) days of the decision being appealed.

2.

The Planning Commission shall consider the appeal at a public hearing held within thirty (30) days of receipt of the written appeal, notice of which shall be given to the appellant by US mail at least fifteen (15) days prior to the hearing.

3.

The Commission shall approve, approve with conditions, or deny the appeal.

4.

The decision of the Commission shall be the final decision of the Town on the matter, appealable only to the district court.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Nonconforming Uses.

1.

Continuance. Except as provided in this section, the lawful pre-existing use of any building may be continued even though such use, building or lot does not conform to the requirements of this chapter or any amendments hereto.

2.

Abandonment. Whenever a nonconforming use has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this title.

3.

Changes in use. A nonconforming use shall not be changed to a use of higher, or less restrictive classification; such nonconforming use may, however, be changed to another use of the same or lower classification, and when so changed to a use of a lower classification shall not thereafter be changed to a use of a higher classification. Residential uses are the lowest and industrial uses are the highest classification.

4.

Extensions. A nonconforming use may only be extended by up to twenty (20) percent in floor area. The extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.

5.

Displacement. No nonconforming use shall be altered, extended or restored so as to displace any conforming use.

B.

Nonconforming structures.

1.

A nonconforming building or structure is a building or structure that once met applicable zoning regulations, but no longer does due to a subsequent revision to the zoning regulations. A building or structure that was nonconforming at the time of construction is unlawful and is not subject to this chapter.

a.

Such nonconforming buildings or structures can be extended, enlarged, or altered as long the extension, addition, or alteration does not increase the nonconformity.

b.

Should such nonconforming building or structure be moved for any reason, for any distance whatsoever, it shall conform to the provisions of this title.

2.

Unsafe Buildings. Any nonconforming building or portion thereof declared unsafe by the regional building inspector may be strengthened or restored to a safe condition.

3.

A nonconforming building which has been damaged by fire or other natural cause or accident may be restored to its original condition, provided such work is commenced within one hundred eighty (180) days of such event, and completed within one year of such commencement.

4.

Repairs and Maintenance. Repairs and maintenance, of nonconforming buildings is permitted, provided that any such activity does not expand the footprint or height of the nonconforming building.

5.

Completion. Any building or structure for which a building permit has been issued prior to the date of adoption of the ordinance codified in this chapter may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted.

C.

Nonconforming Lots. Nonconforming lots on record at the time of passage of this chapter may be built upon if all other relevant district requirements are met and the approval of the Board of Adjustment is obtained.

D.

Exemptions. Notwithstanding any provision in this chapter, any nonconforming building, structure, or land expressly created or caused by a conveyance of privately owned land to a federal, state or local government to serve a public purpose shall be exempt from the provisions of this chapter. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates nonconformity in the remainder parcel in terms of setback, lot size, or other Town-required criteria. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the Town in the course of subdivision or other routine development plan approvals.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 05-2022, § 1(Exh. A) 7-5-2022; Ord. No. 12-2023, § 2(Exh. B), 6-5-2023; Ord. No. 24-2024 meeting, § 2, 12-16-2024)

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 05-2022, § 1(Exh. A), 7-5-2022; Ord. No. 12-2023, § 2(Exh. B), 6-5-2023)

In accordance with Colorado Revised Statutes, 24-67-101, et seq., the Planned Unit Development Act of 1972, the purpose of Planned Unit Development (PUD) zoning is to:

1.

Permit diversification of the Town zoning plan or part of the plan without in any way jeopardizing or reducing zoning standards which promote the public safety, convenience, health and general welfare and preserve personal and property rights;

2.

Preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in harmonious fashion;

3.

Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems and utilities;

4.

Promote creative flexibility in design and permit planned diversification in the location and use of structures;

5.

Allow compatible land uses to be developed in accordance with a general development plan which has been designed to be in harmony with surrounding neighborhoods;

6.

Combine and coordinate architectural styles, building forms and building relationships within the planned developments;

7.

Improve the design, character and quality of new development;

8.

Promote the most appropriate use of land;

9.

Promote beneficial and economical use of land in the physical and economic development of Monument;

10.

Provide for necessary commercial, recreational, employment and educational facilities conveniently located to housing;

11.

Provide for well-located, clean, safe and pleasant industrial sites involving a minimum of strain on transportation facilities;

12.

Lessen the burden of traffic on streets and highways;

13.

Conserve the value of the land.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

A.

An application for PUD zoning may be made for any lands located within the boundaries of the Town or any lands in the process of being annexed to the Town. Property of any size may be considered for PUD zoning. It is the intent of this Article to permit greater flexibility and innovation in land development based on a comprehensive, integrated plan. The approach for a specific project will only be approved if it is deemed to be in accord with the Town's Comprehensive Plan and the stated purposes and intent of this Article.

B.

Notwithstanding any other provision of this Code, private clubs and commercial/business operations related to the sale, delivery, manufacture, consumption, cultivation, transfer, storage, warehousing, processing, or testing of marijuana and/or marijuana-related products, are expressly prohibited in a PUD.

C.

No construction permit shall be issued for construction pursuant to a PUD plan until a final PUD has been approved by the Town. The Town may, however, issue a grading permit prior to final PUD approval including, but not limited to, grading needing to be accomplished in conjunction with adjacent public improvements.

D.

Truck stops, fulfillment centers and heavy industrial as defined in the Land Development Code Section 18.07.110, words and terms, are expressly prohibited in a PUD.

E.

Industrial uses in a PUD zone shall conform to the language in Section 18.04.150 in effect as of the date that a preliminary PUD plan is determined complete by Town staff.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 05-2022, § 1(Exh. 1), 7-5-2022; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

A.

As of the effective date of this title, there exist certain developments previously approved as Planned Development or Planned Development site plans ("PDs") under the regulations previously in effect. These properties are remapped as PUDs in this title and in the Official Zoning Map adopted contemporaneously herewith. To the extent development of these properties has not taken place, development of the undeveloped portions of such PDs may be completed in one or more of the options described below:

1.

If the property has been platted and at least one certificate of occupancy has been issued, the remainder of the property may be developed pursuant to the terms of the original PD approval.

2.

If the property has been platted but no certificate of occupancy has been issued, the property may be developed pursuant to the terms of the original PD approval.

3.

If the property has received a final PD approval or a preliminary/final PD approval but has not been platted, the property may be developed pursuant to the terms of the original final PD or preliminary/final PD approval, provided the owner shall be responsible for obtaining approval of a final subdivision plat prior to development.

4.

If the property has received a preliminary PD approval but has not been platted, the property may be developed pursuant to the terms of the original preliminary PD approval, provided the owner shall be responsible for obtaining approval of a final PUD and a final subdivision plat prior to development.

5.

If the property has received a sketch PD approval but has not been platted, the property may be developed pursuant to the terms of the original sketch PD approval, provided the owner shall be responsible for obtaining approval of a preliminary and a final PUD and a final subdivision plat prior to development.

B.

As an alternative to continuing to proceed with development of the prior PD approval through one of the processes identified in subsection A, to the extent all or a portion of the property is undeveloped, development of the property may be completed or re-entitled in one of the following ways, at the option of the property owner:

1.

Apply for rezoning to any zone district, including PUD.

2.

Request the existing PD approval be modified by adding and/or subtracting permitted uses, conditional uses, and/or as prohibited (where existing uses would become legal nonconforming if eliminated by such amendment), via a major PUD amendment.

C.

Procedure. To the extent the owner/developer elects to apply for one or more of the changes described in this section, the procedure for application and review of the same shall be as provided in the Review Procedures Chart, Section 18.01.220, Table 1.1.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

The procedure for the establishment of a PUD is a two-step process, as shown in the Review Procedures Chart, Section 18.01.220, Table 1.1. The first step is a preliminary PUD which must include design guidelines and zoning regulations which constitute the overall zoning and development plan for the entire property. The final step is the approval of one or more final PUDs, which are for individual parcels within the larger preliminary PUD. The Director may approve the submittal of a concurrent preliminary/final PUD application if the application will conform to the approval criteria and is not anticipated to be controversial. Final PUD approval, along with the Town's requirement for subdivision approval, is required prior to construction permit and building permit issuance.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

A.

The preliminary plan stage is a comprehensive review of the development proposal.

B.

Submittal requirements. Following the preapplication conference, the applicant may submit a preliminary PUD. The format and other requirements for a preliminary PUD are set forth in the preliminary PUD checklist.

C.

Procedure. Review of the preliminary PUD is as set forth in Section 18.01.220, and the Review Procedures Chart, Table 1.1. The Town's review and decision on a preliminary PUD shall be completed within thirty (30) days after completion of the Board of Trustees' hearing, unless the applicant requests an extension or proposes modifications to the application.

D.

Criteria for review. The preliminary PUD must adequately address the following criteria in a manner consistent with the general public interest, health, safety and welfare:

1.

Quality and functionality of open space and parks are appropriate to the site in terms of recreation, views, public access and optimum preservation of natural features including trees, shrubs, wildlife habitat, scenic areas, and riparian and drainage areas in conformance with the Comprehensive Plan and Parks, Trails, and Open Space Master Plan;

2.

Parks and open space dedications, or fees in lieu of dedication, are consistent with the requirements of Article 3 of Chapter 18.02 (Subdivision);

3.

School land dedications, or fees in lieu of dedication, are consistent with the requirements of Article 3 of Chapter 18.02 (Subdivision);

4.

The trail system provides adequate internal circulation and makes appropriate external connections to schools, parks, employment centers, and transit; and trails conform to the Comprehensive Plan and Parks, Trails, and Open Space Master Plan;

5.

The project provides a benefit to the Town such as increasing the variety of development to fill a need and/or provide amenities for the benefit of the Town residents;

6.

A variety of development and housing types, styles and densities, are proposed;

7.

An appropriate relationship exists between use areas, both internal and surrounding, with adequate buffer areas provided if warranted;

8.

The circulation system provides adequate capacity, connectivity, and accessibility;

9.

The phasing plan, if any, is appropriate, minimizes unnecessary or premature grading or removal of vegetation, provides access to collector roads, for utility extensions, and adequately addresses other fiscal concerns of the Town;

10.

Water and sewer utility service is physically feasible and economically capable of being connected to the Town system, unless such connection requirement is specifically waived by the Town and there is adequate capacity to serve the development, including that the water supply meets Town standards;

11.

Other required utilities are available, as demonstrated by willing-to-serve letters from all relevant utility providers;

12.

The plan design and density are sensitive to the site's major environmental characteristics including topography, geology, flood plains, view sheds, scenic features, wildlife habitat and vegetation; and

13.

The plan is consistent with Town's Comprehensive Plan.

E.

The preliminary PUD approval shall be valid for one year from the decision date, pursuant to Section 18.01.280. If the final plan is submitted within that time, the preliminary approval expires.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

The final PUD is the detailed development plan for a property which generally indicates the final planned use of the property, building and parking locations, building elevations, service connections, and final landscape plan and other important site improvements, including but not limited to, grading and erosion control, utilities, and lighting. A PUD-zoned property must obtain final PUD and final plat approval prior to the issuance of a construction permit and a building permit. Following approval of the preliminary PUD, the property owners may submit a final PUD for all or any portion or portions of the general use areas as are then ready for development. If approved by the Director, a combined preliminary/final PUD may be submitted.

B.

Submittal Requirements. Following the preapplication conference, the applicant may submit a final PUD. The format and other requirements for a final PUD are set forth in the final PUD checklist. The final PUD shall substantially conform to the approved preliminary PUD.

C.

Procedure. Review of the final PUD is as set forth in Section 18.01.220, the Review Procedures Chart, Table 1.1. The Town's review and decision on a final PUD shall be completed within thirty (30) days after completion of the Board of Trustees' hearing unless the applicant requests an extension or proposes modifications to the application.

D.

Criteria for review. The final PUD must adequately address the following criteria in a manner consistent with public health, safety and welfare:

1.

The final PUD conforms to or is consistent with the preliminary PUD;

2.

Circulation is designed for the type of traffic generated, safety, separation from living areas, convenience, access, handicap access, noise and exhaust control. Though generally discouraged, private internal streets may be considered where appropriate to the development. A proper institutional framework, such as a metropolitan or special district must be established for maintenance thereof for the life of any private streets. All streets shall be accessible by police and fire department and other emergency vehicles for emergency purposes, and to service vehicles such as trash trucks. Bicycle and pedestrian circulation and connections shall be provided;

3.

Functional parks, open space, and trails in terms of recreation, views, density relief, convenience, function, connectivity, and optimum preservation of natural features including trees, shrubs, wildlife habitat, scenic areas and riparian and drainage areas are provided in conformance with the Comprehensive Plan, the Parks, Trails, and Open Space Master Plan, and the Development Standards (Chapter 18.05 of this title);

4.

A variety of development and housing types and styles, and densities are proposed. Mixed land use is encouraged;

5.

Privacy for individuals, families and neighbors is provided as appropriate;

6.

Building design in terms of orientation, spacing, materials, exterior color and texture, storage and lighting result in a quality architectural design that is compatible with the surrounding neighborhood. The placement of identical or similar residential models on any two adjoining lots along a street is discouraged;

7.

The landscaping is a quality design that enhances the site and is compatible with the surrounding neighborhood as shown by amount, types, and materials used. Entrance features are encouraged. The proposed landscaping must not create maintenance problems and shall be suitable for the site and neighborhood including plant hardiness. A xeriscape design that will conserve water is required;

8.

Adequate off-street parking will be provided:

a.

Particularly for single-family residences in a PUD, required front-yard setbacks should be established and driveways should be arranged so as to provide off-street parking therein without causing parked autos to block sidewalks.

b.

The Town may increase or decrease the normally required number of off-street parking spaces based on a consideration of the following factors:

i.

The relationship of the proposed modifications to the stated purposes and intent of the PUD;

ii.

Probable number of vehicles owned by residents;

iii.

Parking needs in nonresidential areas;

iv.

Varying time period of use, whenever joint use of common parking areas is proposed; and

v.

Availability and use of alternative transportation methods.

9.

The final PUD has been shown to fit within the context of the planned land use pattern and roadway and utility systems of the larger surrounding area.

E.

Satisfaction of conditions; recording.

1.

Upon approval by the Board of Trustees, the applicant shall have sixty (60) days from the approval date to satisfy any conditions of approval and record the approved final PUD. Any other documents approved in conjunction with the final PUD, e.g., any separate design guidelines or zoning regulations, must be recorded simultaneously. The applicant may request a single sixty-day extension of the approval and recordation period prior to the end of the initial sixty-day period. Recording fees shall paid by the applicant.

2.

Public Improvement Agreement (PIA). The PIA shall be administratively approved and executed by the applicant and the Town prior to recordation of the final PUD, or final plat, whichever is submitted and approved last. The applicant shall then record the PIA in the office of the El Paso County Clerk and Recorder and file a recorded copy of the PIA with the Town Clerk. Recording fees shall paid by the applicant.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Scope. After approval and recordation of the final PUD, the same shall not be modified nor shall any additions be made thereto except in compliance with this section. The Director shall determine whether an amendment request shall be considered a minor administrative amendment, or major amendment based on the criteria established in this section. If the approved planned development contains language which prohibits administratively processed amendments, then a major amendment to the approved plans will be required.

B.

Major Amendments/Rezoning Requests. All amendments to a final PUD which do not qualify as a minor amendment under subsection C below are major amendments, are subject to the submission requirements for a PUD application and are reviewed as provided in Section 18.01.220, the Review Procedures Chart, Table 1.1, and subject to the public hearing notice requirements of Section 18.01.260. The Director may waive submission requirements not deemed necessary for a proper review of the application.

C.

Minor Amendment Requests. Minor amendments to a final PUD may be approved administratively by the Director. The applicant shall submit a revised final PUD that meets submittal requirements in the final PUD checklist, and the review and approval criteria for the relevant type of application. The applicant shall document in writing that such amendment qualifies as a minor amendment and shall submit a revised final PUD titled as to the number and type of administrative amendment from the original PUD. To qualify as a minor amendment, the application must meet all of the following criteria, if applicable:

3.

Density. The density of any permitted use area shall not be increased administratively, except:

a.

Where a density transfer between use areas involves no more than a twenty-percent increase in density in any use area, and

b.

There is no change in dwelling type, e.g., single-family detached to multifamily.

4.

Building Location. The change(s), modification(s), or adjustment(s) shall not impact more than twenty (20) percent of any building footprint.

5.

Setbacks. A decrease of the required setback when such decrease is no more than a ten-percent change to the originally approved setback is permitted (e.g., a ten-percent decrease of a setback of thirty (30) feet is three feet resulting in a new setback of twenty-seven (27) feet).

6.

Minimum Lot Size. A decrease of the minimum lot size is allowed when such decrease is no more than a ten-percent change to the originally approved minimum lot size. (i.e., a ten-percent decrease of a ten thousand (10,000) square foot lot is one thousand (1,000) square feet resulting in a new minimum lot size of nine thousand (9,000) square feet). Reductions in minimum lot size may not result in an increase in the overall density approved as part of the final PUD.

7.

Decreased Number of Dwelling Units. A decrease of the number of dwelling units in a use area of up to twenty (20) percent, with no change in dwelling type, is allowed.

8.

Text Changes. Non-substantial changes to the text of an approved final PUD, as determined by the Director to add clarity, are allowed when such changes do not change standards or commitments.

9.

Street alignment. Minor changes to the alignment of an arterial or collector roadway as shown on a final PUD is allowed if warranted due to engineering considerations.

10.

Curb Cuts/Access Points. The location of curb cuts/access points may be adjusted through the administrative amendment process when minor in nature and if justified from an engineering perspective.

11.

Off-Street Parking. Changes affecting off-street parking spaces are allowed if the change does not result in more than a ten-percent increase or decrease to the required or approved number of parking spaces.

12.

Sidewalks, Pedestrian Trails and Bike Trails. Minor alignment and design changes to sidewalks and trails are allowed. Elimination of sidewalks and trails may not be approved administratively.

13.

Finished Grade and Drainage System. Changes to the proposed finished grade affecting less than ten (10) percent of the site and not resulting in significant changes to the site drainage system are allowed.

14.

Open Space Configuration. Minor changes in the configuration of open space areas, parks, and/or trails public or private are allowed. Reduction in the amount of open space, parks, and/or trails provided may not be approved administratively. Enlargements of planned open space areas, parks, and/or trails may, however, be considered administratively.

15.

Use Area Boundary. Use area boundaries may be adjusted when no more than ten (10) percent of the acreage of any planning area is affected, where density is not increased, where open space is not reduced, and where such does not involve an inclusion or exclusion of land from the overall PUD.

16.

Architectural Features and Treatments. The Director shall have the authority to determine if the minor amendment is in keeping with the intent and overall design of the approved PUD, and that it does not change approved development standards. Minor amendment requests can include, but are not limited to, changes in color, materials, and architectural treatments.

17.

The Director shall not have the authority to approve plans which are changed, modified or adjusted in such a manner that they increase density beyond the limits noted in this subsection, decrease total dedication lands or open space, include additional land, add permitted uses, or repeal any specific conditions imposed on the plan by the Board of Trustees.

D.

Minor amendment review process.

1.

Review of the minor amendment application shall be as set forth in Section 18.01.220, the Review Procedures Chart, Table 1.1.

2.

Minor amendments to a PUD that are administratively approved do not require public notice, provided, however, if any portion of the PUD has been platted and one or more lots conveyed to an end user, notice of the proposed amendment shall also be given to all such owners.

3.

Town staff may refer the request for minor amendment to the appropriate departments and referral agencies for their written recommendations.

4.

Upon receipt of comments, the Director may approve a minor amendment to an approved plan and document which shall be duly recorded with the El Paso County Clerk and Recorder's Office by the applicant at the applicant's expense. A copy of the minor amendment approval letter shall be kept on file.

5.

Should the minor amendment be denied, the applicant has the option to either:

a.

Withdraw the request fully;

b.

Modify the request and resubmit for review;

c.

Appeal the decision to the Board of Trustees; or

d.

Submit the request as a major amendment.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

The provisions of this Chapter 18.03 shall be subject to enforcement under the provisions of Chapter 2.36 of the Monument Municipal Code. In the discretion of the Town Manager, Code Officer, or the police department, violations of this Chapter 18.03 shall also be subject to summons into Municipal Court as a violation of the Monument Municipal Code.

(Ord. No. 07-2024, § 2(Exh. A), 3-18-2024)