(a)

Generally. The Administrator is the Town Manager or their designee, or such other employee of or contractor to the Town as may be designated by the Town Manager from time to time.

(b)

Authority and Responsibilities.

(1)

The Administrator is designated to administer and enforce this LUDC.

(2)

The Administrator shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this LUDC.

(c)

Recommendations. The Administrator shall make recommendations to the Planning Commission, Zoning Board of Adjustment, and Board of Trustees as to recommendations or decisions that said bodies are assigned under this LUDC.

(d)

Decisions. The Administrator shall decide the following types of applications:

(1)

Temporary use permits.

(2)

Use permits or change in use permits.

(3)

Limited use permits.

(4)

Site plans.

(5)

Minor modifications.

(6)

Improvement construction plans.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The Planning Commission shall have the powers and duties and shall perform the following functions described in this LUDC.

(b)

Decisions. The Planning Commission shall hear and decide the following types of applications:

(1)

Conditional use.

(2)

Preliminary plat.

(3)

Final plat.

(4)

Final development plans.

(5)

Comprehensive Plan amendments.

(c)

Membership and Qualifications. The members of the Board of Trustees shall serve ex officio as members of the Planning Commission.

(d)

Meetings.

(1)

Meetings shall be held at the call of the Chair or Administrator and at such other times that the majority of the members of the Commission shall determine.

(2)

All meetings shall be open to the public, except that the Commission may go into executive session in accordance with the Open Meetings Law.

(3)

Open meetings shall be recorded.

(4)

A quorum of the Commission shall consist of three voting members, and a majority vote of the members present shall constitute action by the Commission.

(5)

The Chair shall decide all points of order or procedure unless otherwise directed by a motion approved by a majority of the Commission members present at the time.

(6)

The Commission shall keep minutes of its proceedings, showing the vote of each member on every matter or, if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings, and such records shall be filed with the Town Clerk.

(e)

Rules. The Planning Commission may adopt procedural rules for the conduct of its business, which shall not be inconsistent with the requirements of this LUDC.

(f)

Officers. The Planning Commission shall, at its first regular meeting of each calendar year, choose one of its members to act as Chair and one member to serve as Vice-Chair. The Chair shall preside at all meetings of the Commission, except that, in his or her absence, the Vice-Chair shall preside. The Administrator or designee shall act as secretary to the Planning Commission.

(g)

Compensation; Reimbursement. Planning Commission members serve without pay for their role on the Planning Commission. Members may be reimbursed for expenses incurred upon approval of the Board of Trustees.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The Zoning Board of Adjustment shall have the powers and duties and shall perform the following functions described in this LUDC.

(b)

Powers and Duties. The Zoning Board of Adjustment has the following powers and duties:

(1)

To hear and decide all questions on appeal from final decisions of the Administrator.

(2)

To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of this LUDC.

(3)

To hear and decide (grant or deny) applications for variances.

(4)

To hear and decide such other matters as the Board of Trustees may prescribe by ordinance.

(c)

Decisions.

(1)

The Zoning Board of Adjustment shall decide applications for variances from this LUDC.

(2)

The Zoning Board of Adjustment shall decide administrative appeals from final decisions of the Administrator.

(d)

Membership and Qualifications. The members of the Board of Trustees shall serve ex officio as members of the Zoning Board of Adjustment.

(e)

Meetings. The meetings shall be held at the call of the Chair and at such other times as the Zoning Board of Adjustment may determine. The Chair or, in the Chair's absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(f)

Rules.

(1)

The concurring vote of four members shall be required to overturn decisions made by the Administrator presented to the Zoning Board of Adjustment.

(2)

Any other matters shall require a majority vote of a quorum present.

(3)

The Zoning Board of Adjustment may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this LUDC.

(g)

Officers. The Zoning Board of Adjustment may select officers from time to time from among its members.

(h)

Records. The Zoning Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each decision; or, if absent or failing to vote, indicating that. It shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately with the Town Clerk.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. This section sets out the authority of the Board of Trustees to decide applications and ratify the decisions of the Planning Commission.

(b)

Decisions. The Board of Trustees retains the authority to decide the following types of applications:

(1)

Rezonings.

(2)

Annexations and annexation agreements.

(3)

Improvement agreements.

(4)

Text amendments to this LUDC.

(5)

Vacations of plats.

(6)

Abandonment of easements or rights-of-way.

(Ord. No. 2023-006, 6-14-2023)

Approvals or permits are required for development in the Town unless specifically exempted by this LUDC. Most of the required approvals and permits are described in this Division. Annexations are detailed in Division 8-4, Annexation and Disconnection.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Administrative approvals and permits are issued by the Administrator upon a finding of compliance with the requirements of this LUDC. No public hearing is required.

(b)

Administrative Approvals and Permits Established. The administrative approvals and permits that are required by this LUDC are set out in Table 9-6-202B, Administrative Approvals and Permits. These approvals and permits are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

(1)

State or Federal law, including, but not limited to, the Clean Water Act, the Clean Air Act, or the Endangered Species Act;

(2)

Adopted building and safety codes;

(3)

Ordinances that require permits for activities on public land or within public rights-of-way; or

(4)

Business licensing ordinances.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Discretionary approvals and permits are issued by the Town after compliance with all applicable requirements of this LUDC is demonstrated to the respective decision-maker(s) at a hearing.

(b)

Discretionary Permits Established. The discretionary approvals and permits that are required by this LUDC are set out in Table 9-6-203B, Discretionary Approvals and Permits. These approvals and permits are in addition to other reviews, approvals, and permits that may be required for compliance with other laws, statutes, or regulations, such as:

(1)

State or Federal law, including, but not limited to, the Clean Water Act, Clean Air Act, and the Endangered Species Act;

(2)

Further administrative permits (e.g., site plans or final plats);

(3)

Adopted building codes;

(4)

Ordinances that require permits for activities in public rights-of-way; or

(5)

Business licensing ordinances.

(Ord. No. 2023-006, 6-14-2023)

All annexation of unincorporated territory to the Town shall comply with the requirements and procedures set out in the Municipal Annexation Act of 1965, C.R.S. § 31-12-101 et seq., as amended from time to time and the requirements of Article II, Section 30 of the Colorado Constitution. Any disconnection of incorporated territory from the Town shall be done in accordance with C.R.S. §§ 31-12-501—31-12-503 thereof, as amended from time to time.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Except as to an annexation of an enclave without the consent of the property owner or owners, or as to an annexation upon election, the requirements of this Division and any additional conditions determined in the discretion of the Board of Trustees shall be contained in a written Annexation Agreement to be executed by the land owner and developer (if applicable) prior to final Board of Trustees action on the annexation.

(b)

Conditions. In addition to any conditions imposed in the discretion of the Board of Trustees, the following items shall be addressed in annexation agreement unless specifically waived in the annexation agreement:

(1)

Floodplain. The Town may require that upon annexation, any area of land that is situated within an area of special flood hazard shall be dedicated to the Town or protected from development by an appropriate conservation easement.

(2)

Water Rights. If the subject property will be connected to the Town's water system, the annexation agreement shall contain a description of the water rights that are appurtenant to the property to be annexed, a warranty of merchantable title, and an agreement to convey such water rights as the Town chooses to have conveyed. Upon the approval of both parties, the annexation agreement may provide for the lease-back of such water for a stated annual rental until the property is developed. In the absence of water rights associated with the property to be annexed in an amount or type sufficient to offset the estimated increased water usage of the property at the time of development, the Town may require the Applicant to provide water rights or payment of an amount to offset such estimated usage as determined by the Town.

(3)

Extensions of Utility Services and Public Improvements. The Town may require the applicant to:

a.

Pay all costs for design and construction of all public improvements and utility services necessary to serve the subject property, including, but not limited to, roads, curbs, gutters, sanitary and drainage sewers, water, street lights, electricity, communications (e.g., telephone, cable, and/or fiber optic connections), and gas service, all in accordance with applicable Town, public utility company, or service provider standards and specifications;

b.

Dedicate to the Town, public utility company, or service provider (as applicable) without charge, free and clear of all liens and encumbrances that may be inconsistent with the existence, use, or enjoyment of the easement or right-of-way, those easements or rights-of-way that are necessary for installation and maintenance of said utility and service lines and other public improvements (including public streets and trails), and in addition, to the extent that public improvements are constructed by the applicant, the applicant shall convey the public improvements to the appropriate entity upon completion and acceptance of the improvements.

(4)

Public Dedications. In addition to those dedications required in subsection (3)b. of this Section, the Town may require the applicant to dedicate, without charge and free and clear of any liens and encumbrances, such real property as is required to provide for public uses that will be needed in the annexed area (e.g., parks, public schools, utility facilities, etc.).

(5)

Title Insurance. For real estate that will be dedicated to the Town, the applicant shall:

a.

Provide evidence of the status of title in the form of a title insurance commitment by a title insurance company acceptable to the Town; and

b.

Upon acceptance of the status of title by the Town, shall insure title in the Town on a policy form acceptable to Town, in an amount designated by the Administrator, which amount shall be reasonably calculated to cover the actual value to Town of the affected real estate after the improvements are completed.

(Ord. No. 2023-006, 6-14-2023)

All annexations shall be reviewed with due consideration given to the following criteria. However, annexation is a discretionary legislative act. The Town shall never be compelled to annex, unless otherwise required by state law, even if all these approval criteria have been satisfied.

(1)

The proposed annexation is in compliance with the Municipal Annexation Act of 1965 (CRS § 31-12-101 et seq., as amended from time to time).

(2)

The annexation implements, or does not frustrate, the Master Plan, and the best interests of the Town would be served by annexation of the subject property.

(3)

The subject property is capable of being integrated into the Town and developed in compliance with all applicable provisions of this LUDC.

(4)

At the time any development of the subject property is completed, there will be capacity to adequately serve residents of such area with all necessary utilities and facilities.

(Ord. No. 2023-006, 6-14-2023)

Annexed property shall be zoned as provided in Section 9-2-105.

(Ord. No. 2023-006, 6-14-2023)

(a)

Annexation Agreement. Following approval of an annexation or conditional approval of an annexation with all conditions being agreed to, the annexation agreement, which shall have all conditions of approval expressly noted therein, shall be signed by the Mayor, and shall be attested by the Town Clerk.

(b)

Recording of Ordinance and Map.

(1)

Upon annexation or as provided in a fully executed annexation agreement, the Town shall file:

a.

One copy of the annexation map with the original annexation ordinance with the Town Clerk;

b.

Three certified copies of the annexation ordinance and map with the Montrose County Clerk and Recorder, which shall record one copy and distribute the other copies as provided in C.R.S. § 31-12-113(2).

(2)

The applicant shall pay all required recording fees, and it shall be the applicant's responsibility to ensure that such recording was successfully completed.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The standard development approval procedures of this Division apply to all applications for approvals or permits that are set out in Division 8-2, Permits and Approvals.

(b)

Process. The approval procedures set out in Sections 9-6-403 to 9-6-412, inclusive, are undertaken in sequence until an application is considered and decided by the designated decision-maker for the type of application at issue. Table 9-6-401B1, Standardized Procedures, lists the approval steps that are required, based on the decision-maker.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. It is the policy and practice of the Town to decide applications only on the merits presented in the application, on-record public comments, and at public hearings (if public hearings are required). Therefore, ex parte communications are not allowed.

(b)

Timing. The prohibition on ex parte communications begins on the date of application and ends when the appeal period for an issued development order has expired.

(c)

Inadvertent Communications.

(1)

It is not always possible to prevent ex parte communications. Elected and appointed officials who hear applications required by this LUDC shall not privately discuss the merits of a pending application or appeal.

(2)

If a communication is received outside of the record (e.g., it is not in the application, agency comments, or public comments, nor was it presented at a noticed public hearing), then the official shall disclose the communication, including the speaker and the substance of the communication, on the record of the public hearing before the application is heard.

(3)

The decision-maker must base its decision only on the evidence presented on the record. The contents of the ex parte communication shall not be considered part of the record for decision-making unless the information in the communication is also presented at the hearing (other than through the required disclosure).

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. A pre-application meeting is an opportunity for the potential applicant to meet with Town staff before filing an application, in order to:

(1)

Identify the applicable review procedures and likely timelines;

(2)

Review preliminary materials and identify potential issues and related information requirements; and

(3)

Identify what fees will be due, including whether an escrow payment will be required for professional consultant review.

(b)

When Required. A pre-application meeting is required for all application types. Informal meetings may be scheduled prior to a pre-application meeting at the discretion of the Administrator.

(c)

Meeting Logistics. Pre-application meetings may be conducted in person, by telephone, or by internet-based communication tools, as may be agreed between the potential applicant and the Administrator.

(d)

Meeting Materials. The potential applicant shall bring to (or submit prior to) the pre-application meeting sufficient supporting materials to explain, as applicable to the type of application to be submitted:

(1)

For all applications:

a.

The location of the project;

b.

The proposed uses (in general terms);

c.

The relationship of the proposal to existing development; and

d.

Any other conditions or items that the potential applicant believes are relevant to the processing of the application.

(2)

For applications that involve new construction:

a.

The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities (including water quality and stormwater detention facilities);

b.

The general locations and extent of natural or man-made hazards, irrigation ditches, open water, floodplains, and floodways on and adjacent to the subject property; and

c.

For subdivisions, the proposed general lot layout.

(3)

For applications that involve renovation, rehabilitation, or re-use of existing buildings:

a.

A brief history of the building; and

b.

The number of square feet of floor area affected by the application.

(4)

The Administrator may request that the Applicant bring completed application forms (in draft form) for the types of permits being sought.

(e)

Application Checklist. Upon request by the potential applicant, within 28 calendar days after the pre-application meeting, the Administrator shall deliver to the applicant a checklist of submittal materials and fees that will be necessary for the type(s) of application(s) sought.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Every application for development approval required by this LUDC shall be submitted to the Administrator, along with the corresponding application fee (fees are established by resolution of the Board of Trustees). Unless waived by the Administrator, all applications shall include electronic versions of all attachments in a format approved by the Administrator.

(b)

Application Contents. Application shall include the specific information that is required to process each type of application. The specific information requirements shall be established as specified in Section 9-6-403(e), Application Checklist. If there are material changes to the applicant's proposal after the application checklist is provided, the Administrator will notify the applicant in the event that additional application materials are required to process the application.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Fees shall be charged to offset the cost of application processing (including any application for amendments of existing approvals), reviews, public notices, hearings, and recordkeeping. Application fees to be charged by the Town shall be established, from time to time, by resolution adopted by the Board of Trustees.

(b)

Recording Fees. Recording fees of the Montrose County Clerk and Recorder's Office shall be paid to the County by the Applicant at the time of any required recording.

(c)

Referral Agency Fees. The Applicant may be required to pay any fees assessed by referral agencies in advance of their review and comment. Failure to obtain comments from referral agencies due to failure to pay review fees may result in delay or denial of an application.

(d)

Escrow for Consultant Review.

(1)

Consultant Review Authorized.

a.

The Administrator is authorized to retain professional consultants at the Applicant's expense to assist in the review of proposed development.

b.

The Administrator may make an initial determination as to the use of consultants at the time of the pre-application meeting, and may revise the determination at the time of application if new or changed information in the application materials justifies the revision.

(2)

Initial Escrow Payment. If the Administrator determines that an application will require review by professional consultants, then the Applicant shall execute an escrow agreement in a form approved by the Administrator, and make an initial escrow payment in an amount sufficient to cover the estimated review costs.

(3)

Use of Escrow Payment. The Town may draw upon the escrow to pay the fees and expenses of professional consultants retained by the Town to review the application.

(4)

Additional Escrow Funds. The Administrator may require additional escrow funds to be paid for additional services related to the application, should they become necessary. If a balance is due at the time an application is approved, it shall be paid by the Applicant as a condition of approval.

(5)

Return of Escrow Funds. Escrow funds shall be returned to the Applicant as follows:

a.

If the Administrator decides not to use consultants, then escrow funds shall be returned to the Applicant within 30 days of the decision.

b.

If the Applicant withdraws the application, then the Administrator shall notify the consultants to stop work within 24 hours of the withdrawal. The Administrator shall then return the escrow to the Applicant, less the amount required to pay the consultant for work actually performed.

c.

When the application is decided, any positive escrow balance shall be returned to the Applicant within 60 days.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The Administrator shall review all submitted applications for completeness. A complete application includes all of the materials required, any required professional certifications, and all fees and escrows that are required for application processing.

(b)

Schedule. Generally, all applications shall be reviewed for completeness within 14 calendar days after the application is submitted. Applications for sign permits shall be reviewed for completeness within 7 calendar days after receipt.

(c)

Incomplete Applications.

(1)

Incomplete applications shall be returned to the Applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

(2)

An application that does not include the applicable processing fee shall not be considered complete.

(3)

Incomplete applications are not considered filed.

(d)

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

(e)

Waiver of Application Information Requirements. The Administrator may waive any of the information requirements of a particular application type if it is obvious to the Administrator that they do not relate to the processing of the application for which the waiver is requested. The Administrator may not waive application fees.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. All applications shall be technically sufficient for review, meaning that:

(1)

The application materials are internally consistent and are presented as required by this LUDC.

(2)

Materials are prepared by qualified professionals (where such qualifications are required), and signatures and certifications are present, if required.

(3)

The application materials are technically sufficient (e.g., legal descriptions and calls and distances on surveys describe closed polygons within acceptable tolerances, calculations that are provided are performed according to the methodologies set out in this UDC, etc.) to demonstrate compliance with applicable standards of this LUDC.

(b)

Schedule. Generally, all applications shall be reviewed for sufficiency within 28 calendar days after the application is determined to be complete. Applications for sign permits shall be reviewed for sufficiency concurrently with review for completeness pursuant to Section 9-6-406, Completeness Review.

(c)

Insufficient Applications.

(1)

An application is insufficient if it does not meet the standards of Subsection (a), above.

(2)

If an application is determined to be insufficient, the Administrator shall notify the Applicant and provide a written explanation regarding the materials that must be submitted, or revisions that must be made, in order to continue processing the application.

(3)

The Applicant shall provide the materials or revisions that are required to make the application sufficient within 21 days of the date of the notice.

(4)

If an Applicant fails to submit the required materials within the time period specified in Subsection (c)(3), above, or if the Applicant fails to submit a sufficient application after three rounds of review, then the application fee shall be retained and the application shall be returned to the Applicant as insufficient.

(d)

Sufficient Applications. Technically sufficient applications shall be processed according to the applicable standards and procedures of this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. This Section is intended to extinguish applications that become stale due to inaction by the Applicant.

(b)

Expiration of Stale Applications. When an action by the Applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall become void:

(1)

12 months after the date that the action is requested if the Applicant either fails to take action or fails to request an extension of time pursuant to Subsection (c) below; or

(2)

Upon failure to timely provide requested information to make an application technically sufficient pursuant to Section 9-8-507, Sufficiency Review.

(c)

Extension of Time. The time for expiration of an application may be extended by up to 12 additional months upon written request of the Applicant before the end of the period set out in Subsection (b), above.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Upon determination that an application is complete and sufficient, the Administrator shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC, as follows:

(1)

Appropriate Town staff or consultants shall review the application; and

(2)

The application shall be promptly referred to applicable referral agencies and individuals for review and comment pursuant to Section 9-8-510, Referrals.

(b)

Recommended Revisions.

(1)

The Administrator shall provide comments from Town staff or consultants (collectively, "STAFF COMMENTS"). The staff comments shall provide Staff or consultant input and address or include comments by referral agencies and interested individuals. The Applicant shall revise and resubmit the application with appropriate changes based on staff comments, and with responses to staff comments that did not result in changes to the application.

(2)

Upon receipt of the re-submittal, the Administrator may refer the application to referral agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments (or lack thereof), or require the agency's technical expertise for appropriate review.

(3)

The re-submittal shall not require an application fee unless both of the following conditions are met:

a.

The revisions are inappropriate or incomplete; and

b.

Repeated failure to address comments requires more than three rounds of revisions.

(c)

Administrative Recommendation, Decision, or Referral. Promptly after determination that a complete application addresses the comments and recommendations provided pursuant to Subsection (b), above (or, after finding that no revisions will be required):

(1)

If the application is for an administrative approval or permit, then the Administrator shall:

a.

Approve, approve with conditions, or deny the application, as appropriate; or

b.

Upon a determination that the development, as proposed, may have material impacts on neighboring properties or Town resources that are unusual in kind or degree, or that there is material potential for disagreement regarding whether the application complies with the standards of this LUDC, the Administrator may refer the application to the Board of Trustees for decision, according to the applicable standards of this LUDC.

(2)

An application for a sign permit shall be decided within 14 days after it is determined to be complete and sufficient.

(3)

If the application is for a public hearing approval or permit, then the Administrator shall make a recommendation regarding the application and forward the recommendation and the application materials and referral comments to the next body that will consider it for further recommendation or approval.

(d)

Meeting Logistics.

(1)

If the application is for a public hearing approval or permit, then the Administrator shall set the application on the agenda of the next body that will consider the application.

(2)

The Administrator shall coordinate with decision-making bodies to fix reasonable times for hearings. Said bodies are authorized to convene special meetings to hear applications as they determine appropriate.

(3)

The Administrator, or a designee, shall notify the Applicant regarding the time and place of the public hearings.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Applications may be referred for additional review by agencies or consultants according to the procedures set out in this Section.

(b)

Inter-Jurisdictional Referrals.

(1)

As part of the review process, the Town may seek review and comment by referral agencies that have expertise in the subject matter impacted by the application, that have jurisdiction over one or more aspects of the proposed development, or whose operations will likely be affected by the proposed development. Referral agency comments are advisory to the Town.

(2)

The Administrator may refer an application to any agency, jurisdiction, ditch or reservoir company, water company, land management entity, utility, or department (collectively, "Referral Entities") that the Administrator determines is likely to be materially affected by the application. The Administrator's determination regarding referrals is not appealable.

(3)

The referral period is 30 calendar days, which can be extended by up to 30 additional days by mutual consent of the Applicant and the Administrator.

(4)

Failure of a Referral Entity to respond within the prescribed time period (or extended period) is interpreted as consent by that the Referral Entity as to the contents of the application. However:

a.

Such implied consent does not waive the authority of agencies, jurisdictions, or departments that have concurrent jurisdiction with the Town;

b.

Such implied consent is not intended to operate as a waiver of any private rights or causes of action by a ditch or reservoir company, utility, or other private entity to which an application is referred; and

c.

Consent is not implied if the applicant fails to pay the Referral Entity's required review fees.

(c)

Consultant Review. Upon notice to the Applicant, the Administrator may refer the application to consultants selected by the Town, in order to obtain technical review and recommendations. The cost of Consultant Review shall be borne by the Applicant as specified in Section 9-6-405, Escrow for Consultant Review.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. For applications that require public notice, public notice shall be provided according to the standards of this Section.

(b)

Contents of Public Notice. Public notice shall include the following elements:

(1)

The phrase "PUBLIC NOTICE" at the top of the notice.

(2)

A brief description of the type of application (e.g., application for preliminary plat approval).

(3)

The date, time, and place of the hearing.

(4)

A brief summary of what the Applicant is requesting (e.g., approval of a subdivision).

(5)

The physical address of the subject property, or if an address is not available, a location map of the property or a statement that the legal description is on file with the Administrator (this requirement does not apply to text amendments that are generally applicable).

(6)

A notice that interested persons may obtain more information from the Administrator.

(7)

Contact information for the Administrator.

(c)

Types of Public Notice. Table 9-6-411C, Types of Public Notice, sets out standardized requirements for publication, posting, and mail notice that are used for different application types and different phases of the application process. The types of notice that are set out in the table are used to establish notice requirements for each type of application in Table 9-8-411D, Required Public Notice by Application Type.

(d)

Type of Public Notice Required by Application Type. Table 9-6-411D, Required Public Notice by Application Type, sets out the notices that are required at each state of processing for each type of application for which notice is required.

(e)

Standards for Required Notices.

(1)

Publication. Published notice shall be printed in a newspaper of general circulation in the Town of Nucla.

(2)

Posting. Posted notice shall be on a sign in a form approved by the Town.

(3)

Mail. Mailed notice shall be delivered via first class U.S. Mail.

(Ord. No. 2023-006, 6-14-2023)

Public meetings and public hearings shall be carried out in accordance with the procedural rules of the body conducting the meeting or hearing.

(Ord. No. 2023-006, 6-14-2023)

(a)

Continuances. Requests for continuance by the Applicant of any proceeding called for in this LUDC may be granted at the discretion of the body holding the public meeting or public hearing. If granted, the Applicant shall pay all additional costs associated with the rescheduling of the proceeding.

(b)

Withdrawal. Any application may be withdrawn, either in writing or on the record, prior to or during the meeting or hearing at which the application is considered, provided that it is withdrawn before official action is taken on the application.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. It is the policy of the Town not to hear successive applications for the same approval or permit after a substantially similar application is denied. The limitations of this Section prevent the consideration of successive applications.

(b)

Time Required Between Substantially Similar Applications. If an application for a permit or approval is denied, a substantially similar application will not be accepted for:

(1)

Six months from the date of denial in the case of administrative permits; and

(2)

12 months from the date of denial for all other permits or approvals.

(c)

Exceptions to Successive Application Restrictions. The Administrator may allow exceptions to this Section if there has been a material change of circumstances that justifies consideration of a substantially similar application. By way of example and not limitation:

(1)

If a spacing requirement was the reason for the denial, and the use from which spacing is required moved away; or

(2)

If a subsequent amendment to this LUDC now allows for approval of the application.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The following permits and approvals shall be recorded in the public records of Montrose County at the applicant's expense:

(1)

Annexation agreements, maps, and ordinances.

(2)

Final Plats.

(3)

Conditional Use Approvals.

(4)

Improvements Agreements, Reimbursement Agreements and Development Agreements.

(b)

Timing.

(1)

Upon approval of a final plat the applicant shall provide final mylar drawings to the Town Clerk within 90 days for execution by the Town and recording.

(2)

The final mylar drawings shall include:

a.

All required signatures except those to be provided by the Town; and

b.

All modifications that were required as conditions of approval.

(3)

Failure of an applicant to timely submit a conforming plan to the Town Clerk shall, upon the enactment of a resolution by the Town Board of Trustees finding that the submittal was untimely, void the approval.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. It is the intent of the Town that development approved pursuant to this LUDC be carried out in a timely manner pursuant to the specifications, terms, and conditions of approval; and that the steps within each approval process be carried out with diligence.

(b)

Effect of Approval or Permit.

(1)

Approval of an application means that the Town consents to the particular use, plan, or other specific activity for which the approval was granted. Physical development of land may require a sequence of related (and increasingly detailed) approvals.

(2)

Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

(3)

Approvals and permits may be transferred to a subsequent owner of the property for which the approval or permit was issued, unless the approval or permit is specifically designated as non-transferable by condition of approval. Transferred permits shall continue to be valid for their full original terms, and the transferee may apply for an amendment to the approval or permit in the same manner as the original Applicant.

(Ord. No. 2023-006, 6-14-2023)

(a)

Administrative Approvals. The administrative approvals described in Table 9-6-202B, Administrative Approvals and Permits shall be valid for one year from the date of approval.

(b)

Discretionary Approvals. Discretionary approvals will lapse and be of no further force or effect if a complete application for the next stage of approval is not filed before the deadline set out in this subsection:

(1)

The discretionary approvals described in Table 9-6-203B, Discretionary Approvals and Permits, shall lapse as follows:

a.

One year from date of approval:

i.

Conditional use permit.

ii.

Variance.

b.

Two years from date of approval:

i.

Preliminary plat.

(c)

Development Agreements. A development agreement is valid for the term set out in the development agreement.

(d)

Approvals That Do Not Lapse. Rezonings, vacations or abandonments of easements or rights-of-way, LUDC text amendments, recorded final plats, and administrative appeals do not lapse.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. The term of permits and approvals may be extended by written request according to the standards and procedures of this Section.

(b)

Timing of Application for Extension. Expired permits and approvals cannot be extended. Written requests for extensions shall be received not later than 60 days prior to the expiration of the permit or approval. Untimely requests for extensions will not be granted unless it is demonstrated that extraordinary circumstances (e.g., an unusual severe weather event) justify the request.

(c)

Extensions for Extraordinary Circumstances. The Board of Trustees may, by resolution, extend the term of all permits and approvals throughout the Town or in designated areas of the Town in response to extraordinary circumstances, such as flood, wildfire, or other natural or man-made disaster which makes it temporarily infeasible to commence or continue with construction. The period of such extensions shall be determined by the Board of Trustees.

(d)

Administrative Extensions. Unless otherwise provided in the permit or approval, the Administrator may grant one extension of any permit or approval for a period not to exceed 18 months. Such extensions may be granted upon timely written request with good cause shown.

(e)

Extensions after Hearing.

(1)

Unless otherwise provided in the permit or approval, a hearing is required for:

a.

Extensions for terms that are longer than those which can be granted by the Administrator pursuant to Subsection (d), above; and

b.

Second (and subsequent) extensions.

(2)

Extensions of discretionary permits and approvals pursuant to this subsection shall be heard by the body that granted the original approval. Extensions of administrative permits and approvals pursuant to this subsection shall be heard by the Board of Trustees.

(3)

Extensions may be granted after hearing if it is demonstrated that:

a.

There is good and reasonable cause for the request; and

b.

The Applicant has provided reasonable assurances that it will perform (or cause to be performed) the work authorized by the permit or approval within the extended term.

(f)

Extensions Pursuant to Permit or Approval Terms. If a method of extension is provided within a permit, or approval, or related development agreement between the Applicant and the Town, then such method of extension shall supersede this Section with respect to said permit or approval.

(g)

Effect of Appeals, Litigation, or Mediation.

(1)

If there is an appeal, litigation, or mediation during the time period that limits the Applicant's ability to use or develop land pursuant to a permit or approval granted by the Town, then the term of the permit or approval shall be tolled for the duration of the appeal, litigation, or mediation, and the date shall be recalculated upon conclusion of the appeal, litigation, or mediation.

(2)

The new expiration date shall be established by adding the number of days that the approval would have remained valid before the appeal, litigation, or mediation commenced to the date the appeal, litigation, or mediation was concluded by:

a.

The expiration of the subsequent appeal period after final judgment or order in the initial appeal or litigation, or, if no appeal is available, after issuance of the final judgment or order; or

b.

The termination of mediation by resolution of the conflict or impasse.

(3)

This subsection does not apply to litigation which is related to enforcement of a violation of this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Permits and approvals may be corrected pursuant to this Section.

(b)

Correction of Recorded Final Plats. If it is discovered that there is a minor survey or drafting error in a recorded final plat, a request, in writing, to record a corrected plat shall be submitted to the Administrator. The request shall be accompanied with an affidavit witnessed by a professional land surveyor. The surveyor witnessing this corrected plat shall be an impartial observer having no personal interest in the platted land. The Administrator shall thereupon record the corrected plat at the applicant's expense.

(c)

Correction of Scrivener's Errors. Development approvals other than final plats may be corrected by the Administrator or upon application to the Administrator as follows:

(1)

Generally. The Administrator may approve an application to reform a scrivener's error in a development approval, including an error in an application or notice, which error causes the permit or approval to inaccurately reflect the decision-maker's intent, and where it is demonstrated that:

a.

The correction does not include a change of judgment, policy, or prior intent of the decision-maker;

b.

The reformation of the permit or approval is essential to ensure that the documentation reflects the intent and decision of the decision-maker;

c.

The record, including, but not limited to, the Staff recommendation, minutes, and motion, evidences the clear intent of the decision-maker;

d.

The substance of the decision was clearly evident at the time of the decision, and there was no intent to deceive the public or the decision-maker on the part of the current Applicant at any time;

e.

Failure to approve the reformation would lead to an unjust result;

f.

The error in the development approval did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and

g.

Any errors related to public notice did not affect the legal sufficiency of the required notice.

(2)

Correction Within 30 Days. In the alternative, the Administrator, within 30 days of the decision on an application for development approval, may correct a clerical or scrivener's error in the development approval if:

a.

The error is not related to public notice;

b.

The error causes the approval, as written, to inaccurately reflect the clear decision of the decision-maker; and

c.

The Administrator promptly notifies the applicant and the decision-maker regarding the corrections.

(d)

Effect on Approval. A permit or approval that is modified pursuant to this Section shall relate back to the date of the corrected approval, such that the effective date of the corrected language shall be deemed to be the same as the effective date of the original approval.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Easements or rights-of-way that are granted to the Town by deed, agreement, or final plat may be vacated as provided in this Section.

(b)

Board of Trustees Vacation. The Board of Trustees may by ordinance vacate the Town's interest in an easement or right-of-way, or vacate a plat, if it finds:

(1)

The easement or right-of-way is not for roadway purposes;

(2)

The Town does not have a fee-simple interest in the right-of-way;

(3)

The easement or right-of-way has not been put to use for its intended purpose;

(4)

The easement or right-of-way is not necessary to provide services or non-vehicular access to property other than the Subject Property, or there are reasonable alternative ways to provide such services or public access;

(5)

The statutory requirements of C.R.S. § 43-2-301 et seq. are met if the easement or right-of-way is for roadway purposes, or if platted roadways are affected;

(6)

The vacation does not conflict with adopted plans;

(7)

The vacation does not landlock any parcel of land or restrict the access such that it is unreasonable or economically prohibitive; and

(8)

The vacation will not result in adverse impacts on the health, safety, or welfare of Town residents and business owners, or reduce the quality of public facilities or public services (including emergency response services) provided to any parcel of land.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Except as otherwise provided in subsection (b) below, an application for approval of a site-specific development plan, as well as the approval, conditional approval or denial of approval of the plan, shall be governed only by the land use regulations in effect at the time an application is submitted to the Town. For the purposes of this Section, land use regulations include this LUDC, as well as any zoning or development regulations that have previously been adopted that apply to the subject property and that remain in effect at the time of the application for approval of the plan.

(b)

Exceptions. Notwithstanding the limitations contained in subsection (a) above, the Board of Trustees may adopt a new or amended regulation when necessary for the immediate preservation of public health and safety and may enforce such regulation in relation to applications pending at the time such regulation is adopted.

(Ord. No. 2023-006, 6-14-2023)

(a)

Site Specific Development Plans. The following types of site-specific development plan approvals will establish vested property rights in accordance with C.R.S. tit. 24, art. 68:

(1)

Final subdivision plat.

(2)

Conditional use permit.

(3)

Development agreement.

(b)

Other Approvals; Additional Vested Development Rights. A development agreement may provide for vesting of additional development rights, or for a longer vesting period than provided for in C.R.S. tit. 24, art. 68. Such a development agreement may be part of a final subdivision, or conditional use permit approval, or a development agreement may provide for vesting rights in additional types of site-specific development plans than those specified above, including, but not limited to, annexation agreements.

(c)

Establishment of Vested Rights. A vested property right shall be deemed established with respect to any property upon the approval or conditional approval by resolution or ordinance of a site-specific development plan establishing vested right, following notice and public hearing.

(d)

Effect of Vested Rights. A vested property right shall attach to and run with the subject property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or development agreement, including any amendments thereto.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. No site-specific development plan which establishes a vested property right shall be approved unless and until notice thereof has been given and a public hearing thereon has been conducted.

(b)

Timing of Notice of Public Hearing. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the Town. Notice of said public hearing shall include language stating that the approval or conditional approval of the site-specific development plan will create a vested property right.

(c)

Form of Approval. Final approval from the Town Board of Trustees shall be by ordinance or resolution. A site-specific development plan shall be deemed approved on the effective date of the approving ordinance or resolution.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Approval of vested rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such right to referendum or judicial review shall not begin to run until the date of publication, in a newspaper of general circulation within the Town, of the notice specified in this Section advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to C.R.S. tit. 24, art. 68.

(b)

Notice of Final Approval. As soon as practicable following the date a site-specific development plan is approved, and not later than 14 days following such approval date, the Town Clerk shall cause a notice to be published advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to C.R.S. tit. 24, art. 68. Such notice shall be substantially in the following form:

(Ord. No. 2023-006, 6-14-2023)

Any ordinance or resolution approving a site-specific development plan shall, but not by way of limitation, include the following provisions, unless expressly exempted by the Board of Trustees:

(1)

The rights granted by the site-specific development plan shall remain vested for a period of three years (or such longer period as may be established in a development agreement) from the effective date of the approval. However, any failure to abide by any of the terms and conditions attendant to the approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required of the developers to be recorded by Town ordinance shall also result in the forfeiture of said vested property rights.

(2)

The approval granted hereby shall be subject to all rights of referendum and judicial review, except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in LUDC Section 9-6-504, Notice of Final Approval.

(3)

Zoning that is not part of the site-specific development plan approved hereby shall not result in the creation of a vested property right.

(4)

Nothing in this approval shall exempt the site-specific development plan from subsequent reviews and approvals required by this approval or the general rules, regulations and ordinances of the Town, provided that such reviews and approvals are not inconsistent with this approval.

(5)

The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulations by the Town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. In this regard, as a condition of this site-specific development approval, the applicant shall abide by any and all such applicable building, fire, plumbing, electrical, and mechanical codes, unless an exemption therefrom is granted in writing.

(Ord. No. 2023-006, 6-14-2023)

Nothing in this Division is intended to create any vested property right other than those that are available to applicants pursuant to the provisions of the Vested Property Rights Statute (C.R.S. tit. 24, art. 68) In the event of the repeal or invalidation of the Vested Property Rights Statute, this Division shall be deemed to be repealed and the provisions hereof no longer effective.

(Ord. No. 2023-006, 6-14-2023)

A vested property right, once established by this approval, shall preclude any zoning or land use action by the Town or pursuant to an initiated measure which would alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the site-specific development plan, except:

(1)

With the consent of the applicant;

(2)

Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property, which hazards could not reasonably have been discovered at the time of this approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or

(3)

To the extent that compensation is paid as provided in C.R.S. tit. 24, art. 68.

(Ord. No. 2023-006, 6-14-2023)

(a)

Purpose. The purpose of an administrative modification is to provide an efficient process for minor change to previously granted permits or approvals, including those related to site plans, preliminary plans, and planned unit developments, provided that the changes do not substantially alter the approved development parameters.

(b)

Range of Administrative Flexibility. The items listed in this subsection qualify for an administrative amendment within the ranges specified. If an item does not qualify as an administrative amendment, it is considered a major change and must be processed in the same manner as a new application. The Administrator may approve:

(1)

Building Height. An increase in building height up to 20 percent, provided that adequate fire protection is available, and the height increase will not unreasonably affect single-family detached or duplex lots within 150 feet.

(2)

Building Setbacks. A reduction in building setbacks as provided in Section 9-3-302, Setback Flexibility.

(3)

Public Improvements. Changes to the specifications of public improvements, provided that the changes are consistent with current Town requirements.

(4)

Lighting, Landscaping, Trash Disposal. Changes to lighting, landscaping, or trash disposal areas, provided that the changes are consistent with the requirements of this LUDC.

(c)

Specific Exclusions. The following are not eligible for approval as an administrative modification under any circumstances:

(1)

An application that requires additional right-of-way dedications, vacations of public improvements, or modification of an existing development agreement or improvements agreement unless specifically contemplated therein;

(2)

Increases of building height of more than 20 percent; and

(3)

Subdivision related changes (such as lot lines, easements, rights-of-way, internal roadways, vacations and/or drainage systems) that require a replat or plat correction.

(d)

Decision.

(1)

The Applicant shall submit required application materials, along with a letter of intent that details how the proposed modification meets the applicable amendment criteria set out in subsection (e), below.

(2)

The Administrator will make a determination as to the proposal's eligibility to be processed administratively.

(3)

The Administrator may refer any request for an administrative amendment to the Board of Trustees for consideration at a regular meeting. The Administrator will notify the Applicant if it is determined that Board of Trustees review will be required.

(e)

Approval Criteria. Administrative modifications shall meet the following criteria:

(1)

The modification is consistent with the efficient development and preservation of the development approval or permit;

(2)

The modification will not adversely affect reasonable development expectations or the use and enjoyment of adjacent land or the public interest;

(3)

The modification is in keeping with the spirit and intent of this LUDC and will not weaken the purposes of the regulations; and

(4)

The modification will not adversely affect the public health, safety, and welfare.

(f)

Conditions. The Administrator may impose conditions of approval that will secure substantially the objectives of the standard that is modified, and that will substantially mitigate potential adverse impacts on the environment or on adjacent properties, including, but not limited to, additional landscaping or buffering.

(g)

Major Modifications and Amendments. Modifications and amendments that are not authorized by this Section shall be processed in the same manner as a new application for permit or approval.

(Ord. No. 2023-006, 6-14-2023)

(a)

Subdivision Variances. The Zoning Board of Adjustment may authorize variances from provisions of this LUDC that apply to a proposed subdivision in cases where, due to exceptional topographical conditions or other conditions peculiar to the subject property, an unnecessary hardship is placed on the applicant. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of this LUDC.

(b)

Other Variances. The Zoning Board of Adjustment may grant or deny variances from the provisions of this LUDC when:

(1)

The strict application of this LUDC would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property;

(2)

The relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this LUDC;

(3)

There are unique physical circumstances or conditions such as exceptional irregularity, narrowness, or shallowness of a specific piece of property at the time of the enactment of this LUDC, or by reason of exceptional topographic or other physical conditions, or other extraordinary and exceptional situation or condition peculiar to the affected property;

(4)

That the unusual circumstances or conditions do not exist throughout the neighborhood or zone in which the subject property is located;

(5)

That because of such physical circumstances or conditions, the subject property cannot reasonably be developed in conformity with the provisions of this LUDC;

(6)

That such unnecessary hardship has not been created by the applicant;

(7)

That the variance, if granted, will not alter the essential character of the neighborhood or zone in which the property is located, nor substantially or permanently impair the appropriate use or development of adjoining property; and

(8)

That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions which are in question.

(c)

Prohibitions. The Zoning Board of Adjustment may not grant variances from the provisions of this LUDC covering the use of land or buildings.

(d)

Conditions. In granting any variance, the Zoning Board of Adjustment may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Hearings, Appeals and Notices.

(1)

Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by any administrative decision based upon or made in the course of the administration or enforcement of the provisions of this LUDC.

(2)

Any such an appeal must be made, within 21 days from the date the administrative decision was communicated to the applicant, which shall be the date of emailing or hand delivery, or, if the decision was communicated by mail only, three days from the date of mailing. The form or any other procedure relating thereto, shall be as specified in any rules of procedure adopted by the Zoning Board of Adjustment, but shall in any event comply with the provisions concerning the Notice of Appeal set forth below.

(b)

Notice of Appeal. The appellant shall file with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof, with a copy to the Administrator. The Administrator shall promptly forward all papers constituting the record of action upon which the appeal was taken to the Zoning Board of Adjustment.

(c)

Notice of Hearing. Upon receipt of the notice of appeal and record, the Zoning Board of Adjustment shall fix a time for hearing of the appeal, which shall be not less than seven nor more than 35 days from the filing of the Notice of Appeal. A notice of the hearing shall be provided as set out in Section 9-6-411, Public Notice, and written notice shall also be sent by first class mail to the party appealing and the owner of the property that is the subject of the appeal.

(d)

Hearing Procedure. At the hearing, any party may appear in person or by agent or attorney. The Zoning Board of Adjustment may affirm, reverse (wholly or partly), or modify the order, requirement, decision or determination appealed and may make such order, requirement, decision or determination as in their opinion ought to be made in the premises, and to that end shall have all powers of the officer from whom the appeal is taken.

(e)

Decision. The concurring vote of four members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official or agency.

(Ord. No. 2023-006, 6-14-2023)