(a)

Title. This Title shall be known and may be cited as the Parker Land Development Ordinance or "LDO."

(b)

Authority. This Title is adopted pursuant to the authority granted to the Town as a Home Rule municipality under Article XX of the Constitution of the State of Colorado, the Town Charter, Article 23, Title 31, C.R.S., as amended, and Article 20, Title 29, C.R.S to the extent that such state statutes are consistent with the Parker Land Development Ordinance, and is hereby declared to be pursuant to all provisions of these statutes, for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town.

(c)

Jurisdiction.

(1)

This LDO shall apply to all properties within the legal boundaries of the Town.

(2)

This LDO is applicable to portions of arterial and collector streets located within a three-mile radius outside the corporate limits of the Town and not located in another municipality.

(3)

A map showing the Town's boundary shall be available for public inspection on the Town's website.

(4)

Any approval obtained from the Town does not obviate the applicant's need to comply with the requirements of the Endangered Species Act of 1973, 16 U.S.C. § 1531, et seq., as amended, or with any other applicable federal, state, or local laws or regulations.

(d)

Effective date. The Effective Date of this LDO shall be as provided by Ordinance No. 3.372. All references in this LDO to the "Effective Date of this LDO" or to the "Effective Date" shall refer to that date unless otherwise stated.

This LDO is enacted to preserve and promote the public health, safety, and welfare of the inhabitants of the Town and of the public generally and to encourage and facilitate the orderly growth and expansion of the Town. This LDO combines the provisions more commonly found in separate zoning and subdivision ordinances into a single land development ordinance that will cover all phases of development. The intent of the LDO is to:

(a)

Implement the provisions of the Town's Master Plan, as it may be amended by the Town Council from time to time;

(b)

Protect the public health, safety, comfort, convenience, prosperity, and welfare;

(c)

Address land development through the integration of traditional zoning and subdivision regulations;

(d)

Provide for a more efficient regulatory control system by including the review processes for all types and stages of development in one integrated code; and

(e)

Avoid overlapping, conflicting or inconsistent ordinance provisions that frequently occur as a result of numerous individual ordinances.

(a)

Generally.

(1)

For the purpose of Subsections (2) and (3) below, the use or occupancy of a building or land relates to anything and everything that is done to, on, or in that building or land.

(2)

Subject to Section 13.01.070, it shall be unlawful to use any building, structure, or land or to erect, move, structurally alter, convert, extend, or enlarge any building or other structure except in conformity with the requirements established in the zoning district in which the structure, building, or land is located and in compliance with all applicable provisions of this LDO, unless an exception for that specific use, activity, or standard is provided in another Town regulation or is required by applicable state or federal law.

(3)

Subject to Section 13.01.070, no person may sell any area or tract of land that purports to be a developable lot or tract and that is required to obtain approval of a subdivision or Minor Development Plat without first obtaining approval pursuant to Section 13.03.040(q), Subdivision procedures.

(b)

Building. It shall be unlawful to erect, construct, reconstruct, alter, add to, or change the use of any building or other structure, including surface and sub-surface structures, or to move a structure from one property to another within the Town without first obtaining a Building Permit from the Town. All Building Permits shall be issued in conformance with the provisions of Title 11, Building and Construction, of the Parker Municipal Code and this LDO and shall be valid for a period of time not exceeding 12 months from the date issued.

(c)

Sales. It shall be unlawful to sell for development purposes any portion of any lot or parcel of land by metes and bounds description, without first obtaining a subdivision approval or exemption from subdivision approval pursuant to this LDO.

In the interpretation and application of the provisions of this LDO, the following regulations shall govern:

(a)

Provisions are minimum requirements. The provisions of this LDO shall be regarded as the minimum requirements to achieve the purposes listed in Section 13.01.020 unless otherwise stated.

(b)

Regulations to be liberally construed. These regulations shall be liberally construed to further their underlying purposes.

(c)

Application of overlapping regulations. Whenever a provision of this LDO conflicts with any other provisions of this LDO, law, ordinance, resolution, rule or regulation of any kind, whichever regulations are more restrictive or impose higher standards or requirements shall govern.

(d)

Existing permits and easements. This LDO shall not abrogate or annul:

(1)

Any permits issued before the Effective Date of the ordinance codified in this LDO;

(2)

Any easement; or

(3)

Any previously approved land use applications except as provided in this LDO.

(e)

Amendment and Restatement.

(1)

This LDO shall amend and restate the Parker Land Development Ordinance, Town of Parker Ordinance No. 3.01.3, Series of 1994, adopted on April 4, 1994, and all amendments to Ordinance No. 3.01.3 adopted before the Effective Date.

(2)

Amendment and restatement of the above-mentioned ordinances does not revive any other ordinance or portion of an ordinance.

(3)

Such amendment and restatement shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinance repealed hereby, for any offense committed prior to repeal.

(a)

Relationship to existing zoning and subdivision ordinances. Provisions of this LDO that are the same in substance as the previously adopted provisions shall be considered as continuations and not as new enactments unless otherwise specifically provided. A situation that did not constitute a legal, nonconforming situation under the previously adopted zoning ordinance does not achieve legal nonconforming status under this LDO merely by the amendment and restatement of the zoning ordinance.

(b)

Relationship to Master Plan. It is the intention of the Town that this LDO implement the planning policies adopted by the Town Council as reflected in the Master Plan and other plans adopted by the Town. The Town affirms that this LDO and any amendment will be in conformance with adopted Master Plans and the Town expresses its intent that neither this LDO nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(c)

Relationship to private covenants. This LDO shall apply to all land uses and development regardless of any private covenant, agreement, or restriction affecting the use, development, or occupancy of the land. The Town shall not have any obligation to enforce any private covenant or agreement unless it is a party to the covenant or agreement. If the Town is a party to the covenant or agreement, enforcement shall be at the discretion of the Town.

(d)

Relationship to LDO Administrative Manual.

(1)

Many forms, lists of application materials, schedules of fees and charges, technical engineering and construction standards, and other materials related to and necessary for the administration of this LDO are located in a LDO Administrative Manual that is hereby adopted by reference and shall be available on the Town website.

(2)

Amendments to or a replacement of the LDO Administrative Manual may be adopted from time to time by resolution of the Town Council.

(3)

The Town Council hereby delegates the Town Manager the authority to administratively make minor modifications to the LDO Administrative Manual without the need for a separate resolution of Town Council provided that:

a.

The amendment will improve the efficiency, consistency, or predictability of the administration of this LDO;

b.

The amendment is necessary to ensure consistency of the LDO Administrative Manual with a written interpretation of this LDO by the Planning Director;

c.

The amendment is necessary to support a change in the technology or software systems used by the Town to manage land development regulations or the delivery of Town Services, or

d.

The amendment is necessary to bring the LDO Administrative Manual into conformance with, or to enable the efficient implementation of another action approved by Town Council;

(e)

Adoption of design standards by reference. The Town of Parker Development Design Standards (Development Design Standards) are hereby adopted by reference.

(a)

Previous permits and approvals. The enactment or amendment of this LDO shall not affect the validity of, or any conditions attached to, any permits or approvals that the Town has approved under previous versions of this LDO in effect prior to the Effective Date.

(b)

Pending complete applications. The enactment or amendment of this LDO shall not affect the processing of any applications that the Town has determined to be complete under the previous LDO prior to the Effective Date. Those applications will be reviewed and decisions made under the terms of the previous land use regulations.

(c)

Prior incomplete applications. Any applications filed with the Town prior to the Effective Date, or the effective date of any amendment to this LDO, that the Town has determined to be incomplete as of the Effective Date shall be reviewed and a decisions made pursuant to this LDO as amended.

(d)

Penalties accruing or about to accrue. The enactment or amendment of this LDO shall not be construed as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue due to a violation of the previous land use regulations that occurred before the Effective Date.

(a)

Purpose. The purpose of this Section 13.01.070 is to regulate the continued existence and use of, and modifications to, uses, structures, and site features that were lawfully established prior to the Effective Date, but that no longer conform to the requirements of this LDO. Those situations are collectively referred to in this LDO as "nonconformities." The provisions of this Section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this LDO and accomplish the goals of the Town.

(b)

Regulations applicable to all nonconformities.

(1)

A lawful nonconforming use, structure, or site feature may continue unless the nonconformity creates a danger to public health and safety, or unless this Section 13.01.070 limits that continued use, operation, or maintenance.

(2)

The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity.

(3)

Where compliance with the requirements of this Section 13.01.070 is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental features, the applicant shall comply with the requirements of this Section to the maximum extent practicable, as determined by the Planning Director.

(4)

Any building or structure for which a Building Permit has been issued prior to the Effective Date of the LDO or any subsequent amendment to the LDO may be completed and used pursuant to the associated plans, specifications and permits, if construction is commenced within sixty (60) days after the issuance of the Building Permit and diligently prosecuted to completion.

(c)

Nonconforming use.

(1)

Continuation.

a.

A nonconforming use may continue in its current location, and the business or entity operating the nonconforming use may be sold, leased, or operated by a new owner, lessee, or operator in its current location, subject to other limitations in this Section 13.01.070.

b.

The right to continue a nonconforming use does not include the right to relocate the use to a new lot. A land use that is relocated to a new lot loses its nonconforming status.

(2)

Expansion of a nonconforming use. A nonconforming use shall not be expanded, but normal maintenance of a building, or other structure containing a nonconforming use, is permitted.

(3)

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

(4)

Restoration or replacement.

a.

A nonconforming use may be replaced by a conforming use at any time, but may not subsequently be changed back to any nonconforming use.

b.

Between the Effective Date and December 31, 2026, if a nonconforming use is located in a conforming structure that has been damaged or destroyed by fire, flood, wind, or some other natural cause, it may be restored in the location it occupied immediately before the damage, and to the size that existed before the damage provided that such work is started within one (1) year of such event. The Planning Director may approve one (1) extension of time on restoration not to exceed one (1) additional year, provided that the applicant or property owner submits a written request for the time extension before the expiration of the initial one (1) year.

c.

On and after January 1, 2027, if a nonconforming use is located in a conforming structure that has been damaged or destroyed by fire, flood, wind, or some other natural cause, it may only be restored or restarted in full compliance with all applicable provisions of this LDO.

d.

If a nonconforming use is located in a nonconforming structure, any restoration shall comply with Subsection (d)(3), below.

(5)

Abandonment. A nonconforming use shall be deemed abandoned when the nonconforming use has been replaced by a conforming use or when the nonconforming use has ceased activity and continuous operation and has not been resumed for a continuous period of six (6) months, or when the furnishings have been removed and not replaced for a continuous period of six (6) months.

(d)

Nonconforming structure.

(1)

Continuation.

a.

A nonconforming structure may continue in its current location, and the structure may be sold or leased to a new owner or lessee in its current location, subject to other limitations in this Section 13.01.070.

b.

The right to continue to use a nonconforming structure does not include the right to relocate the structure to a new lot where it is also nonconforming. A nonconforming structure that is relocated to a new lot loses its nonconforming status.

(2)

Expansion or alteration of a nonconforming structure.

a.

No expansion of a nonconforming structure shall increase the degree of nonconformity of the building with the location and bulk regulations of this LDO.

b.

A nonconforming structure may be maintained and repaired to maintain or improve the safety of building occupants or the appearance of the building when viewed from public streets or adjacent properties.

(3)

Restoration.

a.

Between the Effective Date and December 31, 2026, a nonconforming structure that has been damaged or destroyed by fire, flood, wind, or some other natural cause may be restored in the location it occupied immediately before the damage, and to the size and height that existed before the damage, provided that such work is started within one (1) year of such event. The Planning Director may approve one (1) extension of time on restoration not to exceed one (1) additional year, provided that the applicant or property owner submits a written request for the time extension before the expiration of the initial one (1) year.

b.

On and after January 1, 2027, a nonconforming structure that has been damaged or destroyed by fire, flood, wind, or some other natural cause, may only be restored or restarted in full compliance with all applicable provisions of this LDO.

c.

A nonconforming structure that has been declared unsafe by the Chief Building Official may be restored to a safe condition, provided that the size of the structure is not increased and the restoration does not increase the degree of nonconformity with this LDO.

(4)

Abandonment. If documented activity and continuous occupancy of a nonconforming structure cease for a period of six (6) consecutive months or more, the nonconforming status shall expire and the structure shall thereafter be required to comply with all provisions of this LDO, and to obtain all required Building Permits and licenses necessary to bring the property into compliance with this LDO. Intent to resume active use or occupancy shall not affect the obligation contained in the previous sentence.

(e)

Nonconforming lot. A platted lot that was legally created but that no longer complies with the minimum area, minimum width, or other lot dimensional standards in this LDO may only be developed or allow for a change in use following the approval of a Variance pursuant to Section 13.03.040(x).

(f)

Nonconforming site features.

(1)

Nonconforming exterior lighting. A nonconforming light may continue to be used for lighting, but shall not be:

a.

Changed to another nonconforming light;

b.

Structurally altered;

c.

Altered so as to increase the degree of nonconformity of the light; or

d.

Expanded or enlarged.

(2)

Nonconforming sign.

a.

Continuation. Any nonconforming sign lawfully existing on the date when it was erected, and in continuous use since that date, may continue in operation and maintenance after the Effective Date.

b.

Modification. No sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this LDO.

c.

Termination. The right to continue to use a nonconforming sign shall terminate if any of the following events occur.

1.

Abandonment of a nonconforming sign for a period of fifteen (15) consecutive days or more shall immediately terminate the nonconforming status of the sign and the Town may require that the sign be removed at the expense of the property owner.

2.

Any expansion of the degree of nonconformity on a nonconforming sign, and any violation of Chapter 13.09, Sign Code, related to a nonconforming sign, shall terminate the right to retain that nonconforming sign.

3.

If a sign is damaged or destroyed in excess of fifty (50) percent of the current replacement cost of the sign from any cause, or if the sign becomes obsolete or substandard under any applicable ordinances of the Town, the right to retain the nonconforming sign shall terminate.

4.

Any sign that is determined by the Town to be unsafe or abandoned shall be subject to the provisions of Section 13.01.080(c)(9)b or 13.01.080(c)(9)c, as applicable.

(a)

Violations.

(1)

General. No land in the Town shall be used, or any building or structure erected, constructed, enlarged, altered, maintained, moved, or used in violation of this LDO or amendments to this LDO. The Town Council, through the Town Attorney and court of appropriate jurisdiction (which includes the Municipal Court), may initiate legal action to prevent, abate or remove such unlawful use, maintenance, erection, construction, reconstruction or alteration, in addition to any other remedies provided by law.

(2)

Nuisance violation. If the Chief Building Official or the Planning Director finds that any property, structure, or land use is maintained in violation of the provisions of this LDO, the violation shall also constitute a nuisance and may be abated in the manner provided in Chapter 6.01, Nuisances, of the Parker Municipal Code.

(b)

Penalties. When a violation of this LDO has been established, the Town may impose the penalties listed in Subsection (1), or those listed in Subsection (2), or those listed in Subsection (3), as determined by the Town Attorney.

(1)

Except as stated in Subsection (b)(2) or (b)(3) below, any person, firm, or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this LDO shall be fined an amount not to exceed four hundred ninety-nine dollars ($499.00) for each such violation, such fine to inure to the Town. Each day of the documented existence of any situation held to be a violation shall be deemed an equal and separate offense.

(2)

If the violation concerns the regulations of Chapter 13.09, Sign Code, or related procedures in Chapter 13.03, Administration and Procedures, fines shall be based on number of violations within the previous twelve (12) month period:

a.

First violation: $50.00

b.

Second violation: $100.00

c.

Third violation: $200.00

d.

Fourth violation: A summons and complaint shall be required.

(3)

Any person, firm or corporation who divides a parcel of land for sale or transfer before a plat defining the boundaries of the parcel has been approved by the Town and filed and recorded in the office of the County Clerk, shall pay a penalty not to exceed four hundred ninety-nine dollars ($499.00) for each such divided parcel transferred or sold. Describing a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring a divided parcel of land shall not exempt the transactions from such penalties or from the remedies provided in this LDO. In addition to imposing the penalty described above, the Town may enjoin the transfer by action for injunction brought in any court of competent jurisdiction. These remedies shall be additional and cumulative to any remedies provided by the Colorado Revised Statutes.

(c)

Enforcement.

(1)

Authority. This LDO shall be enforced by those departments, agencies, or individuals authorized by the Town Council on all matters involving this LDO.

(2)

Consultation. The department, agency, or individual authorized by the Town Council to enforce this LDO shall consult with the Town Attorney and other affected Town offices concerned with, but not limited to, the unlawful erection, construction, altering, occupancy or use of any building or structure, or land in the incorporated area of the Town, and shall also consult with the Douglas County Health Department on matters involving health and sanitation.

(3)

Fees. The Town may apply those enforcement provisions for failure to make timely payment of required fees listed in Section 13.03.030(e)(4), Payment of fees.

(4)

Inspections. The Planning Director and Community Services, after consultation with the Town Attorney, are hereby empowered to enter and/or inspect any building, structure, or tract of land in the Town. When a violation is alleged, the Planning Director and Community Services, as applicable, shall compile relevant evidence of the alleged violation and take any action authorized by law to correct violations of federal, state, or local law.

(5)

Certificates of occupancy. The Town may withhold Certificates of Occupancy:

a.

If any private improvements required by this LDO are incomplete and the applicant or developer is not in compliance with any Site Completion Agreement pursuant to Section 13.03.050(c)(3) or any other agreement signed by the applicant or developer regarding the completion of the required improvements; and

b.

If any other violations of this LDO remain uncorrected after notice of the violation and an opportunity to correct the violation have been provided, as advised by the Town Attorney.

(6)

Post approval actions. Following issuance of a development or permit approval under this LDO, but before substantial construction or investment pursuant to the development or permit approval has occurred, the Town Council may suspend or withdraw any approval of any development or permit approval under the LDO or may require certain corrective measures be taken following a determination that the information provided by the applicant upon which such approval was based is substantially false or inaccurate or that new significant information regarding the impacts of the development has been brought to its attention.

a.

A written notice from the Planning Director shall be served upon the applicant, setting out a clear and concise statement of alleged facts and directing the applicant to appear before the Town Council no less than ten (10) days nor more than thirty (30) days after the date of notification.

b.

The Town Council shall determine at the public meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention, and shall have the power, upon good cause being shown, to suspend or withdraw any approval resulting in a voided development or permit approval.

(7)

Site completion deposit compliance program. The Town may withhold part or all of the deposit described in Section 13.03.050(c)(3)b, Deposit and agreement required, to complete the site improvements, subject to the terms and conditions determined by the Town.

(8)

Demolition of historic landmark. In addition to other penalties for violation of this LDO, unauthorized demolition of a designated landmark may result in delay of applications under this LDO for redevelopment of the site on which the demolished landmark was located.

(9)

Signs.

a.

Signs not registered or permitted. If the Town determines that any sign does not comply with the standards set forth in Chapter 13.09, Sign Code, including any sign that is not registered or permitted pursuant to Section 13.03.040(o), Sign permit or temporary sign registration, in addition to other penalties authorized by this LDO, the Town may impose penalties authorized by this Subsection (9).

b.

Unsafe signs.

1.

Except as provided in Subsection 2. below, if the Planning Director finds that any sign is unsafe, insecure, or a menace to the public, notice shall be given in writing by the Planning Director to the owner. The owner of the parcel shall correct such unsafe condition or remove the sign within forty-eight (48) hours of such notification. If the correction has not been made within the forty-eight (48) hours, the sign may be removed or altered by the Town to comply with these regulations at the expense of the owner of the property upon which the sign is located.

2.

The Planning Director may cause any sign that, in the Town's opinion, creates an immediate danger to persons or property to be removed immediately and without notice.

c.

Abandoned signs. The sign face of any permanent sign that has been abandoned or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent or person having the beneficial use of the building, structure or land upon which such sign is located, within fifteen (15) days after cessation of the use in connection with which the sign was used, and the sign area shall be replaced by a neutral, single-background-color panel or similar cover. If the sign is comprised of individually raised letters, then the letters shall be removed. Upon failure to comply with such notice within the time specified in such order, the Town may impose penalties authorized by this Section 13.01.080 or may take such other actions deemed necessary to bring the property into compliance with these regulations, at the expense of the owner of the property on which such sign is located.

It is the intent that the provisions of this LDO shall be severable, pursuant to provisions set forth below.

(a)

If any provision of this LDO is declared to be invalid by a decision of any court of competent jurisdiction, it is the intent that:

(1)

The effect of such decision shall be limited to the Section, Subsection, or portion of this LDO that is expressly stated in the decision to be invalid; and

(2)

Such decision shall not affect, impair, or nullify this LDO as a whole or any other part of this LDO, and the rest of this LDO shall continue in full force and effect.

(b)

If the application of any provision of this LDO to any use, lot, building, other structure, or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is the intent that:

(1)

The effect of such decision shall be limited to that use, lot, building, other structure, or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and

(2)

Such decision shall not affect, impair, or nullify this LDO as a whole or the application of any provision thereof, to any other use, lot, building, other structure, or tract of land.