(a)

Applicability. This Section shall apply to all applications under this Chapter requiring a public hearing before the Planning Commission, the Board of Trustees or the Board of Adjustment.

(b)

Procedure. The procedure for public hearings shall be as follows:

(1)

Pre-application conference. The applicant may attend a pre-application conference with a representative from the Town. The purpose of the meeting is to discuss the application submittal requirements and review procedure.

(2)

Application. The applicant shall submit all required documents for the application, as set forth in the Development Review Manual. The Town Manager shall review the application within fifteen (15) days of submittal. If the application is incomplete, the Town Manager shall notify the applicant, who shall have thirty (30) days to complete the application. If the application is not completed within such time, a new application shall be required.

(3)

Referral. Upon receipt of a completed application, the Town Manager shall forward the application to the appropriate referral agencies.

(4)

Staff Review. Within thirty (30) days of receipt of a completed application, Town staff shall review the application for compliance with this Chapter and applicable law, and send a summary of the Town's comments and any referral agency comments to the applicant.

(5)

Applicant Response. Within fifteen (15) days of receipt of the summary, the applicant shall respond, in writing, to the Town's comments and any referral agency comments.

(6)

Notice. Upon receipt of the applicant's response, the Town Clerk shall set the required public hearings, and shall publish, post and mail the notice of the public hearings as required by Section 16-5-30.

(7)

Hearing and Decision. At each public hearing, the applicant shall have the opportunity to present the application and any other relevant evidence, and the Town shall present the Town's recommendation on the application. Following a public hearing before the Planning Commission, the Planning Commission shall make a recommendation to the Board of Trustees. Following a public hearing before the Board of Adjustment, the Board of Adjustment shall either approve, approve with conditions or deny the application. Following a public hearing before the Board of Trustees, the Board of Trustees shall either approve, approve with conditions or deny the application. The Board of Trustees may determine, in its sole discretion, upon request of the applicant or upon its own motion, to combine the hearings of the Planning Commission and the Board of Trustees, provided such combination will not prejudice the applicant.

(8)

Finality. Any decision of the Board of Trustees shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4).

(Ord. 744, 5-16-2017)

(a)

Applicability. This Section shall apply to all applications under Chapter 16 requiring approval by the Town Manager.

(b)

Procedure.

(1)

Pre-application conference. The applicant may attend a pre-application conference with a representative from the Town. The purpose of the meeting is to discuss the application submittal requirements and review procedure.

(2)

Application. The applicant shall submit all required documents for the application, as set forth in the Development Review Manual. The Town Manager shall review the application within fifteen (15) days of submittal. If the application is incomplete, the Town Manager shall notify the applicant, who shall have thirty (30) days to complete the application. If the application is not completed within such time, a new application shall be required.

(3)

Referral. Upon receipt of a completed application, the Town Manager shall forward the application to the appropriate referral agencies.

(4)

Staff review. Within thirty (30) days of receipt of a completed application, Town staff shall review the application for compliance with this Chapter and applicable law, and send a summary of the Town's comments and any referral agency comments to the applicant.

(5)

Applicant response. Within fifteen (15) days of receipt of the summary, the applicant shall respond, in writing, to the Town's comments and any referral agency comments.

(6)

Decision. The Town Manager shall review the application, the Town staff's recommendation and applicant response, and approve, approve with conditions or deny the application.

(7)

Finality. Any decision of the Town Manager shall be subject to appeal under Section 16-5-100.

(Ord. 744, 5-16-2017)

(a)

Responsibility. It is the responsibility of the applicant to meet these requirements prior to the established hearing date. The Town may require that the applicant bear the cost of any required public notice. The Planning Commission, Board of Trustees, or Board of Adjustment may continue the hearing to a date certain and may keep the hearing open to take additional information to the point a final decision is made.

(b)

Procedure.

(1)

Form. The form of posted, published or mailed notice shall be in substantially the following form:

NOTICE OF PUBLIC HEARING

Notice is hereby given that (the Town of Platteville Planning Commission, Board of Trustees or Board of Adjustment) shall hold a public hearing concerning (type of application request), located on property described in Exhibit A, and generally located at (distance and direction of nearest major intersection).

The public hearing shall be held on (date), at (time) or as soon as possible thereafter as the agenda permits, at Town Hall, 400 Grand Avenue, Platteville, Colorado 80651. Further information is available by calling (970) 785-2245.

ALL INTERESTED PERSONS MAY ATTEND

(2)

Notice by Publication. Unless otherwise required by this Chapter, when notice by publication is required, at least fifteen (15) days prior to a public hearing, a notice shall be published at least one (1) time in a newspaper of general circulation within the Town.

(3)

Notice by Mail. Unless otherwise required by this Chapter, when notice by mail is required, at least fifteen (15) days prior to a public hearing, the notice shall be sent by first class mail by the Town to all property owners within three hundred (300) feet of the property for which the application is made.

(4)

Posted Notice. Unless otherwise required by this Chapter, when posted notice is required, at least fifteen (15) days prior to a public hearing, a notice shall be posted on the property for which the application is made. The notice shall consist of at least one (1) sign facing an adjacent public right-of-way, with text of sufficient size to notify the public of the application.

(Ord. 744, 5-16-2017)

(a)

Applicability.

(1)

Site plan approval shall be required for any construction of a new structure or remodel or expansion of an existing structure requiring a building permit pursuant to this Code, other than the construction, remodel or expansion of a single-family or two-family dwelling unit/structure.

(2)

The Town Manager may waive site plan approval if the Town Manager determines that a remodel or expansion of an existing structure does not result in an increase in occupancy, density, number of employees on site or parking requirements.

(3)

No site plan shall be approved without a recorded final subdivision plat or proof that the structure is located on a legal lot.

(b)

Purpose. The purpose of the site plan process is to ensure compliance with all provisions of this Chapter and Code, including all applicable dimensional requirements, development standards and design standards.

(c)

Application. A site plan application shall be processed under Section 16-5-20.

(d)

Criteria. The Town Manager shall approve the site plan, with or without conditions, upon finding that the application meets all of the following criteria:

(1)

The site plan is consistent with an approved subdivision plat and zoning of the property;

(2)

The site plan complies with all applicable development and design standards and other applicable county, state and federal regulations; and

(3)

Any reasonably anticipated adverse impacts will be mitigated to the maximum extent practicable.

(e)

Order. Site plan approvals shall be by written order of the Town Manager. The order shall include the legal description of the property, specify the improvements and uses authorized, and state any conditions of approval. The Town Manager shall send a copy of the site plan order to the applicant and maintain a copy on file with the Town Clerk.

(f)

Effect. Approval of a site plan shall constitute authorization to construct, remodel or enlarge the structure only as provided in the site plan order.

(g)

Amendment. An application for amendment of a site plan order shall be processed as a new site plan.

(h)

Revocation. A site plan order may be revoked by the Town Manager following notice to the applicant where any of the structures described in the approved site plan have not been constructed within six (6) months of approval.

(i)

Rezoning. A rezoning of the property subject to a site plan order shall automatically terminate and void the site plan order unless the Town expressly reaffirms the same as part of the rezoning.

(Ord. 744, 5-16-2017)

(a)

Intent. Conditional review uses may be permitted if the applicant can demonstrate that the location and the site proposed for the use is appropriate, facilitating the use in a manner which supports the purposes of the zone district and which is compatible with the surrounding area. The review process is intended to assure compatibility and harmonious development between conditional review uses, surrounding properties and the Town at large. Because of their unusual or special characteristics, conditional review uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties.

(b)

Permit Required. No conditional review use shall be conducted without a valid and current conditional review use permit issued by the Town.

(c)

Application. A conditional review permit application shall be processed under Section 16-5-10.

(d)

Criteria. In reviewing a condition review use permit application, the Planning Commission and the Board of Trustees shall consider the following criteria:

(1)

Compatibility with and effect on the existing and permitted uses in the neighborhood.

(2)

Mitigation measures used to alleviate on- and off-site impacts.

(3)

Impact on property values.

(4)

Likelihood of a nuisance being created.

(5)

The demands the use will place upon Town services.

(6)

The public safety consequences of the proposed use.

(7)

Traffic volume and adequacy of parking and access.

(8)

Whether the proposed use will be in conformity with all applicable building codes and regulations, and other applicable provisions of the Code.

(e)

Conditions. The Board of Trustees may impose reasonable conditions on any conditional review use, including without limitation: time limits, provision for future review, limits on quantities of material allowed on the site, pollution control measures, and additional screening.

(f)

Permit. If the conditional review use is approved, a conditional review use permit with any conditions and plans attached, shall be issued by the Town.

(g)

Abandonment. Unless the conditional review use is one which would usually be intermittently used, if the permittee fails to operate the conditional review use for a period of one hundred eighty (180) consecutive days, the conditional review use shall be deemed to have been abandoned, the right to operate or conduct the conditional review use shall be immediately terminated and the conditional review use permit shall be void and of no further effect.

(h)

Revocation. The Town may revoke a conditional review use permit for any violation of this Code or any of the conditions of the permit, after notice to the permittee and an opportunity to be heard. Upon revocation, the conditional review use shall immediately cease.

(Ord. 744, 5-16-2017)

(a)

General. In any PD District, an approved final development plan (FDP) and final plat for all or portions of the district must be in effect before any building permits are issued. A planned development plan (PDP) is required prior to approval of an FDP. The PDP establishes the zoning of the property, and the FDP is the site plan for the property.

(b)

Application. Applications for both a PDP and FDP shall be processed under Section 16-5-10. Based upon development and planning considerations, it may be desirable to develop a PD District in several phases. Regardless of the proposed number of phases, the initial application shall be for a PDP that includes all the property to be developed.

(c)

Criteria. In reviewing an application for a PDP, the Planning Commission and the Board of Trustees shall consider the following:

(1)

Whether the PDP is consistent with the Comprehensive Plan.

(2)

Whether the PDP achieves the stated objectives of the PD District.

(3)

Whether the proposed land uses are compatible with surrounding land uses in the area, and the type, density and location of proposed land uses are appropriate based on the findings of any required report or analysis.

(4)

Whether the street design and circulation system are adequate to support the anticipated traffic and the proposed land uses do not generate traffic volumes which exceed the capacity of existing transportation systems, or adequate measures have been developed to effectively mitigate such impacts.

(5)

Whether the PDP adequately mitigates impacts to public utilities and services.

(6)

Whether the Town will be able to provide adequate levels of service for police and fire protection, street maintenance, snow removal and other public services, or that adequate measures have been developed to effectively mitigate such impacts.

(7)

Whether higher levels of amenities, including open spaces, parks, recreational areas, trails and school sites, will be provided to serve the projected population.

(8)

Whether the PDP preserves significant natural features and incorporates these features into parks and open space areas.

(d)

Filing of PDP. Upon approval by the Board of Trustees, the applicant shall have sixty (60) days to submit a final mylar of the PDP to the Town. The Town shall record the PDP with the Weld County Clerk and Recorder, and upon such recording, the PDP shall become the zoning of the property. Should the applicant fail to submit the mylar, the PDP shall expire without further action of the Town, and the zoning of the property shall remain as it was prior to the application.

(e)

Final Development Plan. After the PDP has been recorded, and within three (3) years following the approval of a PDP, the applicant shall submit an FDP application. In reviewing the FDP application, the Planning Commission and Board of Trustees shall consider whether the FDP complies with the PDP and any applicable development and subdivision standards. Upon approval of the FDP, the FDP shall govern the development of the property subject to the FDP.

(f)

Expiration. If an FDP is not filed within three (3) years following approval of a PDP, the Town may require an amendment to the PDP before considering an FDP.

(g)

Amendment. A PDP or FDP may be amended as follows:

(1)

Minor Amendments. A minor amendment to an approved PDP or FDP shall be processed by the Town Manager pursuant to Section 16-5-20. A minor amendment includes changes of not more than ten percent (10%) in development standards.

(2)

Major Amendments. A major amendment to an approved PDP or FDP shall be processed in the same manner as the original PDP or FDP. Major amendments include without limitation:

a.

A change in land use or development concept;

b.

An increase in density or building coverage;

c.

An increase in the maximum allowed height of structures;

d.

A realignment of major circulation patterns or a change in functional classification of the street network;

e.

A reduction in approved open space or common amenities;

f.

A reduction of off-street parking.

(Ord. 744, 5-16-2017)

(a)

Authority. The Board of Trustees may, on its own motion, on motion of the Planning Commission or upon application by a property owner, after notice and public hearings as provided by law and in accordance with this Chapter, rezone any property or amend any provision of this Chapter.

(b)

Town-Initiated Amendments. Notice of a Town-initiated rezoning or amendment to this Chapter shall be made by publication, provided that a Town-initiated rezoning or amendment which is not general in nature and only affects a discrete number of properties shall be subject to both notice by publication and mailing.

(c)

Map. Whenever the official zoning map is amended, an accurate survey or sufficient legal description is required. The proposed modifications to the official zoning map shall be available for public inspection in the Town Hall during regular business hours for a period of not less than fifteen (15) days prior to the public hearing on such amendment.

(d)

Criteria. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, a rezoning shall only be approved if it meets one (1) or more of the following criteria:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property.

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally.

(3)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan.

(4)

The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan.

(5)

The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area.

(6)

A rezoning to a PD District will encourage innovative and creative design and to promote a mix of land uses in the development.

(e)

Map Amendment. Upon enactment of any ordinance establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing Official Zoning Map to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current Official Zoning Map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

(Ord. 744, 5-16-2017)

(a)

General. The BOA shall hear appeals and decide appeals where it is alleged that there is an error in any final order, requirement, decision or determination made by any administrative official of the Town charged with the enforcement of this Chapter or under the provisions of any other chapters of this Code which authorize review pursuant to this Section.

(b)

Application. Any aggrieved person may file an application for appeal within thirty (30) days following the final action or decision from which the appeal is taken, and shall include all information required by the Development Review Manual. The BOA shall hold a public hearing on the appeal pursuant to Section 16-5-10.

(c)

Criteria. The BOA may reverse or affirm, wholly or partly, or may modify the final order, requirement, decision or determination where the BOA finds that the decision was beyond the official's duties.

(d)

Stay. An appeal from a final order, requirement, decision or determination shall stay all proceedings unless the Town Manager certifies that such stay would cause imminent peril to life or property.

(Ord. 744, 5-16-2017)

(a)

General. The BOA may authorize variances from the requirements of this Chapter subject to terms and conditions fixed by the BOA.

(b)

Application. An application for a variance shall include all information required by the Development Review Manual. The BOA shall hold a public hearing on the variance pursuant to Section 16-5-10.

(c)

Criteria. No variance shall be authorized unless the BOA finds all of the following:

(1)

The applicant would suffer hardship as a result of the application of this Code, which hardship is not generally applicable to other lands or structures in the same zone district because of the unusual configuration of the applicant's property boundaries, because of unique circumstances related to the location of existing structures thereon or because of the existence of exceptional topographic conditions thereon.

(2)

There are no design alternatives or alternative locations for structures that would obviate the need for the requested variance or would reduce the amount of the variance required.

(3)

The enforcement of the Code deprives the applicant of rights enjoyed by owners of other property in the same zone district.

(4)

The need for the variance does not result from the intentional, reckless or negligent actions of the applicant or his or her agent, a violation of any provision of this Code or a previously granted variance.

(5)

The variance will not cause an undesirable change in the character of the neighborhood or have an adverse effect on the physical or environmental conditions of the surrounding property.

(6)

The variance is the minimum variance that will make possible the reasonable use of the land or structure.

(d)

Conditions. The BOA may impose reasonable conditions on any variance, including without limitation: time limits, provision for future review, limits on quantities of material allowed on the site, pollution control measures, and additional screening.

(e)

Expiration. Failure to obtain a building permit for the completion of a structure for which the variance was granted prior to the expiration of one (1) year from the date of approval of the variance will cause lapse of the variance. Requests for an extension of said period shall be presented to the Town Manager in writing at least thirty (30) days prior to the scheduled expiration date. The Town Manager may authorize up to one (1) additional year if cause exists for the extension and there would be no harm to the adjacent property owners or the community in general arising from the extension.

(f)

Revocation. The Town may revoke a variance for any violation of this Code or any of the conditions of the permit, after notice to the permittee and an opportunity to be heard. Upon revocation, the conditional review use shall immediately cease.

(g)

Appeal. Any decision of the BOA to deny a variance, or to subject a variance to conditions of approval shall be appealable to the Board of Trustees, by filing a written notice of appeal within thirty (30) days of the BOA's decision. The Board of Trustees shall hear the appeal at a public hearing pursuant to Section 16-5-10.

(Ord. 744, 5-16-2017)

(a)

Criteria. The Town Manager is hereby authorized to approve an administrative exception from the minimum rear yard setback requirement for an accessory structure in the Residential Estate (RE) District, Low Density Residential (R-1) District, Multi-Family (MF) or Neighborhood Residential Mixed Use (NRMU) District if the Town Manager finds that:

(1)

The accessory structure will not be placed over any underground utility services;

(2)

The principal structure is located on the lot and is not located behind the rear lot line;

(3)

There are no design alternatives or alternative locations for structures that would obviate the need for the requested exception or would reduce the amount of the exception required;

(4)

The need for the exception does not result from the intentional, reckless or negligent actions of the applicant or a violation of any provision of this Code;

(5)

The exception will not cause an undesirable change in the character of the neighborhood or have an adverse effect on the physical or environmental conditions of the surrounding property; and

(6)

The exception is the minimum that will make possible the reasonable use of the property.

(b)

Application. An application for an administrative exception shall be made on forms provided by the Town, and accompanied by an application fee as set forth by resolution of the Board of Trustees. The Town Manager shall act on a completed application within fourteen (14) days. The Town Manager may impose reasonable conditions on the grant of any administrative exception.

(c)

Revocation. The Town Manager may revoke an administrative exception for any violation of this Code or any of the conditions of the approval, after notice to the applicant and an opportunity to be heard. Upon revocation, the administrative exception shall immediately cease.

(d)

Appeal. Any decision of the Town Manager to deny or revoke an administrative exception, or to subject an administrative exception to conditions of approval, shall be appealable to the Board of Trustees by filing a written notice of appeal within fourteen (14) days of the Town Manager's decision. The Board of Trustees shall hear the appeal at a public hearing pursuant to Section 16-5-10. The decision of the Board of Trustees shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4).

(Ord. 761, 12-5-2017)

(a)

Expedited Review. All eligible telecommunications facility requests shall be approved or denied by the Board of Trustees within sixty (60) days of the date of an eligible telecommunications facility request. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible telecommunications facility request within the timeframe for review (accounting for any tolling), the request shall be deemed granted, provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

(b)

Application. Applicants shall only be required to submit such documentation and information as is reasonably necessary to determine whether the modification would substantially change the physical dimensions of an eligible tower or base station. The Town shall prepare an application form which is limited to the information necessary for the Town to consider whether an application is an eligible telecommunications facility request. If an application is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, clearly and specifically identifying all missing documents or information. If the application remains incomplete, the Town shall again notify the applicant within ten (10) days, but second or subsequent notices of incompleteness will not require the production of documents or information that were not requested in the original notice of incompleteness.

(c)

Denials. A decision to deny a request under this Section shall be in writing and shall provide a description of reasons for the denial of siting applications.

(Ord. 744, 5-16-2017)