Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE II
Administration
21-21 Zoning administrator-Appointment.
The town manager shall appoint a zoning administrator who shall administer and enforce this chapter. The position of zoning administrator may be combined with another position of the town, including town manager.
(Ord. No. 12-07, § 1, 1-15-13)
21-22 Same-Duties; rights.
The zoning administrator shall be responsible for such duties as are prescribed in this chapter, and shall be responsible for enforcement of the zoning regulations. The zoning administrator shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this chapter, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The zoning administrator may serve notice indicating the nature of any violation, or requiring the removal of any structure or use in violation of this chapter, on the owner or authorized agent, or a tenant, or on any other person who commits or participates in any violation of this chapter. The zoning administrator may call upon the town attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the town attorney hereby is authorized to institute appropriate actions to that end. The zoning administrator may call upon the chief of police to assist in the enforcement of this chapter.
(Ord. No. 12-07, § 1, 1-15-13)
21-23 Similar use determination in commercial zones.
(a)
In order to ensure that the zoning regulations will permit similar uses in certain prescribed commercial zones, the town council on its initiative or upon written request shall determine whether a use not specifically listed is a similar use. The procedure prescribed in this section shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses, but shall be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to certain classes of permitted uses to justify a finding that the use should be deemed a permitted use.
(b)
The zoning administrator, upon request of the town council or written request of any person for a determination under this section, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the town council advising in what respects the proposed use would be in fact similar to specified permitted uses in the same district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other districts. After receipt of the report, the town council may determine the proposed use to be similar to uses specified as permitted uses in the same district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same district. The town council shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same district.
(Ord. No. 12-07, § 1, 1-15-13)
21-24 Appeals from an administrative action.
Appeal from administrative actions or determinations by the town manager, the building official, the zoning administrator, or any town employee under their direction pursuant to provisions of this chapter may be filed with the town council. An appeal may be filed only by a resident or property owner of the property subject to the action or determination within 20 days following such action or determination. The appeal shall be submitted in writing, stating the basis of the appeal and the relief requested. In the event of an appeal, the town council, after receiving a report from the zoning administrator and at a public hearing after notice under section 2-301, may confirm, reverse or modify the action of the zoning administrator. For all other matters, the administrative action or determination shall be the final action of the town.
(Ord. No. 12-07, § 1, 1-15-13; Ord. 24-3, 3/19/2024)
21-25 Amendment procedure.
The regulations prescribed in this chapter and the boundaries of the district shown on the Official Zoning Map may be amended or repealed by the town council in accord with the procedures prescribed in this section.
(a)
Initiation. An amendment of the regulations of this chapter or a change in district boundaries may be initiated by the town council on its own motion, by resolution of the planning commission, a recommendation by town staff or by petition of any resident or property owner in the town.
(b)
Petition. A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the zoning administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries and a map indicating the existing and proposed district boundaries. The petition also shall include such additional information as prescribed by the zoning administrator.
(c)
Fee. The town council shall set a fee schedule for petitions for amendment of the regulations of this chapter or a change in district boundaries, sufficient to cover the cost of town staff time and other expenses incidental to the review of the petition. Town initiated amendments shall not require a fee.
(d)
Hearing. Upon filing of a petition for amendment with the zoning administrator, or upon initiation of an amendment by the town council or by the planning commission, the town clerk shall cause public hearings on such petition to be held before both the planning commission pursuant to section 2-276 et seq., and the town council pursuant to section 2-301 et seq., of the Town Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-12, § 3, 1-6-15)
21-26 Certificates of zoning compliance.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or portion thereof, or site, or both, which may be erected, converted, or altered until a certificate of zoning compliance shall have been issued by the zoning administrator certifying that the proposed use conforms to the requirements of this chapter. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance and the zoning administrator shall issue the certificate upon completion of the work provided that it complies with the requirements of this chapter. A certificate of zoning compliance may be combined with a building permit, or other permit, or may be issued as a separate certificate. The zoning administrator shall maintain a record of all certificates of zoning compliance.
(Ord. No. 12-07, § 1, 1-15-13)
21-27 Use, construction, etc., not in compliance with approved plans.
Building permits and certificates of zoning compliance issued on the basis of plans, or any permit granted pursuant to this chapter shall authorize only the use, arrangement and construction set forth in the plans, or permit; and any other use, arrangement or construction not in compliance with the plans or permit shall be deemed a violation of this chapter and punishable as prescribed in section 21-5 et seq.
(Ord. No. 12-07, § 1, 1-15-13)
21-28 Pre-application conference for any land use case.
(b)
An applicant shall submit a written or verbal request to the community development department for such a pre-application conference and the community development department shall hold the conference within seven days of the receipt of such request, at such time as it shall determine.
(c)
A pre-application conference will then be scheduled with the planning commission for review and comment, at the discretion of the community development director.
(d)
Pre-application conferences before the planning commission shall be considered a work session, and nothing discussed in such a work session shall be considered binding.
(Ord. No. 12-07, § 1, 1-15-13)
21-29 Concept plan review.
Prior to any official submittal of a PUD plan, annexation application, or a major alteration or non-administrative amendment to a PUD or site development plan, the applicant shall submit a concept plan to the town council for initial concept review at a regular or special meeting or at a work session. At the discretion of the zoning administrator, any applicant proposing a land use plan may be required to submit to concept plan review before the planning commission or town council, whichever is the final decision-making body for such application.
The concept review documents shall include, at a minimum, a site plan drawn at a scale of at least one inch equals 20 feet showing the location and dimensions of all structures and improvements, both existing and proposed, to include all circulation systems, both vehicular and pedestrian, off-street parking and loading areas, utility hookups and lines, and storage areas. This plan shall also show, at two foot contour intervals or less, the proposed site configuration and drainage; the location of any Avalanche Zone District upon the property; the location of existing trees, natural watercourses, rock outcroppings and other significant natural features.
It is intended that council (or planning commission as applicable), discuss with the applicant any significant concern about the plan. No official action is taken at this stage by the governing body. Any comment, suggestion, or recommendation made by any member of the council (or planning commission as applicable) during any concept plan review is gratuitous and does not bind or otherwise obligate the applicant or town to any course of conduct or decision after an applicant makes an official submittal of a plan to the town.
(Ord. No. 19-1, § 1, 3-5-19)
21-30 Rezoning application.
Subsequent to the pre-application conference, the applicant shall submit a rezoning application to the town clerk. It shall be submitted in duplicate and shall consist of the following:
(a)
Applicant's name, address and telephone number, and, if applicable, the name, address and telephone number of applicant's local representative;
(b)
Legal description of the property owned or under contract by the applicant;
(c)
Proof of ownership or written authorization from the owner allowing the applicant or his/her representative to apply for the rezoning on his/her behalf;
(d)
Description of proposed changes in district boundaries;
(e)
A map marked "Exhibit A" indicating the existing and proposed zoning changes;
(f)
Justification for the zoning change requested; and
(g)
Appropriate fees.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-1, § 1, 3-5-19)
21-31 Processing fees.
The fees for all applications and appeals under this chapter shall be as set forth by the town council by resolution, and in addition, shall cover the costs of outside consultants and town attorney review. Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution. Applicants are responsible for providing public notice to all property owners within 200 feet of the subject property by certified mail, proof of which shall be provided to the town clerk prior to all hearings.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-1, § 1, 3-5-19; Ord. No. 20-9, § 1, 11-4-20; Ord. 24-3, 3/19/2024)
21-32 Hearings.
(a)
Upon receipt of a complete rezoning application, plus appropriate fees, the town clerk will cause a public hearing on such application to be held before the planning commission, pursuant to Chapter 2 Administration, section 2-276 et seq.
(b)
Not less than 15 days prior to the date set for the public hearing, the town clerk shall cause a copy of a notice of the time and place of such hearing to be published once in a newspaper of general circulation in the town. A copy of such notice shall be mailed by the applicant to the owners of all properties within a radius of 200 feet of the exterior lot line of the lot, tract or property affected by such hearing, by certified mail to the town clerk.
(c)
Within 20 days following such public hearing, the planning commission shall act upon such application, by recommending approval of such application as submitted, or, for PUD rezonings only, subject to such modifications or conditions as it deems necessary to accomplish the purposes of the provisions under which the application was submitted, or by recommending denial of such application, which recommendation shall be transmitted in writing to the town clerk for distribution to the town council, along with all documents forming a part of such application, and to the applicant, within seven days following such action.
(d)
Within 30 days of receipt of such recommendation, the town clerk will cause a public hearing on such application to be held before the town council, pursuant to Chapter 2 Administration, section 2-301 et seq.
(e)
Not less than 15 days prior to the date set for the public hearing, the town clerk shall cause a copy of a notice of the time and place of such hearing to be published once in a newspaper of general circulation in the town. A copy of such notice shall be mailed by certified mail, by the applicant to the owners of all properties within a radius of 200 feet of the exterior lot line of the lot, tract or property affected by such hearing.
(f)
Within 20 days following such public hearing, the town council shall act upon such application, by one of the following actions:
(1)
Continuance. If the final rezoning application is not acceptable because of minor deficiencies or discrepancies, the meeting thereon may be continued for 30 days, or until such time as is mutually agreeable to both the town council and the applicant.
(2)
Denial. If the rezoning application is denied because of major deficiencies or discrepancies, or because it is contrary to the purposes of this article, it shall receive no further consideration unless a new application is made. No such new application shall be accepted by the town for consideration unless one year has passed from the date of denial by town council.
(3)
Acceptance. If the final rezoning application is approved, the town council shall proceed with the adoption of the ordinance amending the Official Zoning Map to designate the new zoning district.
(4)
Passage. Upon approval at the second reading of the ordinance amending the Official Zoning Map, all necessary documents shall be filed with the town clerk as a matter of public record. For PUDs only, the applicant shall provide the town clerk with a reproducible mylar at a scale of not less than one inch equals 200 feet for each parcel of property included within the new zoning district, and shall make such submission within 30 days following passage of the zoning amendment. Within seven days of receipt of such completed submission, the town council shall amend the Official Zoning Map to indicate the new zoning district. The new zoning shall become effective five days after publication following final passage of the ordinance, subject to referendum petitions that may be filed within 45 days of such ordinance, per Article V of the Municipal Charter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-9, § 1, 12-2-14; Ord. No. 19-1, § 1, 3-5-19)
21-33 Criteria for rezoning.
Before acting upon a rezoning application, the planning commission and town council shall consider the following factors with respect to the requested rezoning:
(a)
Relationship of the requested zoning to other existing or potential sites and structures in the vicinity;
(b)
Public health, safety, morals and general welfare of the community;
(c)
Effect of the rezoning on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public needs;
(d)
Security from fire, panic, floodwaters and other dangers;
(e)
Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking areas;
(f)
Prevention of overcrowding of land;
(g)
Effect upon the character of the area in which the proposed rezoning is located; and
(h)
Conservation and maintenance of established community qualities and economic values, and the encouragement of a harmonious, convenient, workable relationship among land uses, consistent with the municipality's objectives.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-1, § 1, 3-5-19)
21-34 Findings of fact.
To sustain a rezoning, there must generally be a showing of either a mistake in the existing zoning or of a significant change in the area's character. Both the planning commission and the town council shall make findings of fact concerning the following:
(a)
Population change;
(b)
Availability of public facilities;
(c)
Present and future transportation patterns;
(d)
Compatibility with existing and proposed development for the area;
(e)
Evidence that the assumptions made at the time of the original zoning were invalid; and
(f)
Relationship of such amendment to the town's plan.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-1, § 1, 3-5-19)
21-35 Payment of fees and charges.
No application under this chapter may be accepted, processed, or approved if the applicant is delinquent in the payment of any fees, charge, or other amount due the town, with respect to the property under review or any other property within the town owned in whole or in part by the same applicant or related entity.
(Ord. No. 25-12, 9/2/2025)