(A)

The provisions of these Land Use Regulations ("Regulations") shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare.

(B)

These Regulations shall be interpreted in a manner to further its underlying purposes.

(C)

If a conflict occurs between provisions of these Regulations, or between other town regulations and a state statute or other applicable codes and regulations, the more restrictive provision controls unless otherwise specified by these Regulations or preempted by a direct conflict with state statute.

(D)

Unless otherwise specified in these Regulations, the requirements of these Regulations are presumed to apply to actions related to a change in land use as defined herein.

(Ord. 03-2023)

(A)

Words and phrases shall be read in context and construed according to common usage. Words and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, shall be construed accordingly.

(B)

The particular controls the general.

(C)

The word "shall" is always mandatory.

(D)

The words "may" and "should" are permissive.

(E)

Unless the context clearly indicates otherwise, words used in the singular number include the plural and words used in the plural number include the singular.

(F)

If there is a conflict between figures and words expressing a number, the words govern.

(G)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(Ord. 03-2023)

(A)

In computing a period of days, the first day is excluded and the last day is included unless the last day of any period is a Saturday, Sunday, or legal holiday, in which case the last day shall be the next working day.

(B)

Unless otherwise specified in these Land Use Regulations, the term "days" shall refer to business days.

(Ord. 03-2023)

(A)

Pending Applications.

(1)

Generally. A development application that has been determined to be complete by the Town Manager or designee prior to the effective date of these Regulations shall be decided under the regulations in effect when the application was determined to be complete unless the applicant requests review and approval under these Regulations. Applications shall not be processed under a combination of prior regulations and current Regulations except as stated in Subsection 2 below.

(2)

Phased Approval. Final development plans for a planned development that were preliminarily approved prior to the effective date of these Regulations, but with phases requiring final approval after the effective date of these Regulations, may seek approval in accordance with the standards and procedures of these Regulations upon applicant request.

(B)

Prior Development Applications.

(1)

Any development approved under regulations in effect prior to the effective date of these Regulations may be carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and the development complies with any applicable standards of these Regulations regarding ongoing operations and maintenance.

(2)

If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of these Regulations.

(3)

Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.

(C)

Prior Violations.

(1)

Any violations of previous versions of any code or ordinance of the Town shall continue to be a violation under these Regulations and shall be subject to the penalties and enforcement set forth in Section 7-1-8, Enforcement and Administration.

(Ord. 03-2023)

(A)

Purpose. The purpose of this Subsection is to provide procedures necessary to implement a program of legislated vested rights similar, but not necessarily identical, to that called for by the provisions of Article 68 of Title 24, C.R.S. The provisions of said Article 24-68, to the extent inconsistent with the provisions of this Chapter, including, but not necessarily limited to, the provisions of C.R.S. 24-68-102.5(1), are hereby superseded.

(B)

General Provisions.

(1)

As used in this Subsection, "Site-Specific Development Plan" means a plan approved by the Town pursuant to this Subsection which has been submitted to the Town by a landowner or his representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may consist of one or more of the following:

(a)

An approved Site Plan;

(b)

An approved Planned Unit Development Plan;

(c)

An approved Subdivision Final Plat;

(d)

An approved Conditional Use;

(e)

An approved change in a nonconforming use; or

(f)

Annexation Agreements or Development Agreements executed by the Town which specifically provide that they should be part of a Site-Specific Development Plan.

(2)

Neither a Sketch Plan nor a Preliminary Subdivision Plat may qualify as a Site-Specific Development Plan. An approved Variance, final architectural plans, public utility filings, or final construction drawings and related documents and methods for construction of improvements shall not, in and of itself constitute a Site-Specific Development Plan although it may be an additional element of a Site-Specific Development Plan which is specified in paragraph (1) above.

(3)

A Site-Specific Development Plan for any development shall include all of the items identified in paragraphs (1) and (2), above, to the extent applicable to the development.

(4)

None of the items identified in paragraphs (1) and (2) shall be considered a Site-Specific Development Plan until approved, pursuant to the procedures of this Section in addition to the procedures applicable to such individual items. Such procedures may be pursued contemporaneously.

(C)

Procedures.

(1)

A landowner desiring approval of a Site-Specific Development Plan shall submit an application on forms provided by the Town indicating each element of such plan and shall submit a copy of each element as approved by the Town together with any other information necessary to determine with reasonable certainty the type and intensity of use for the property.

(2)

Upon receipt of a properly completed application with fee, the Town shall schedule a public hearing and publish notice thereof.

(3)

Following the Hearing, the Town Council may approve the Site-Specific Development Plan if it is consistent with the requirements of this Subsection.

(4)

Following approval, the Town shall cause a notice describing generally the type and intensity of the use approved, and the description of the property affected. Such notice shall be published not more than 14 days after approval.

(5)

The Site-Specific Development Plan shall be deemed approved upon the effective date of the Town Council's action. In the event amendments to any of the elements of the Site-Specific Development Plan are subsequently proposed and approved, the effective date of such amendments for purposes of the duration of vested property rights shall be the date of approval of the original Site-Specific Development Plan.

(D)

Limitations.

(1)

Approval of a Site-Specific Development Plan pursuant to this Chapter shall be deemed to create a vested property right which shall be subject to the provisions and limitations of 24-68-103(1)(b) and (c), 104 and 105, C.R.S., when inconsistent with any provision of this Chapter.

(2)

Failure of any landowner to request a hearing and approval of various elements of the development plan as a Site-Specific Development Plan shall constitute a waiver and no vested right shall be deemed to have been created by the Town's approval of such elements.

(3)

Approval of a Site-Specific Development Plan may be revoked by the Town Council following notice and hearing on account of breach of any condition of approval of the various elements of the plan or any ordinance or regulations of the Town applicable to the various approvals or the various elements of the plan.

(4)

The provisions of all duly adopted zoning ordinances and other land use and development ordinances and regulations and master plans, as amended from time to time, shall apply in accordance with their terms, to all property and proceedings except to the extent otherwise specifically provided in the adopting legislation, and except to the extent otherwise provided for an approved Site-Specific Development Plan pursuant to paragraph (A) above.

(Ord. 03-2023)

(A)

Purpose. The purpose of this Subsection is to provide procedures necessary to implement a program to ensure adequate public water supplies similar, but not necessarily identical, to that called for by the provisions of Part 3 of Article 20 of Title 31, C.R.S. The provisions of said C.R.S. 31-20-301 et seq., to the extent inconsistent with the provisions of this Section, are hereby superseded.

(B)

General Provisions. As used in this Subsection, "Development Permit" means any preliminary or final approval of an application for rezoning, conditional use permit, subdivision, PUD, building permit, site plan, development plan or similar application for new construction; which includes new water use in an amount more than that used by 50 single-family equivalents.

(C)

Procedures.

(1)

Unless the Town has authorized use of a water supply other than that of the Town, in a pre-annexation agreement or by other official action of the Town, a landowner desiring approval of a Development Permit shall submit with the application a report complying with C.R.S. 29-20-304(1) with respect to the Town's water supply, until such time as the Town has adopted a water supply plan conforming with C.R.S. 29-20-304(3).

(2)

If the Town has previously authorized Tri County Water Conservation District water or other source of supply, the applicant shall submit the report, letter, or plan complying with C.R.S. 29-20-304(1). The Town shall have no obligation to approve any source of supply other than that of the Town.

(3)

No Development Permit shall be approved until the Town has determined in its sole discretion that the documents required by Subsections (1) and (2) have been properly submitted and that the water supply for the proposed development, as such may been modified, will be adequate to meet its water supply requirements.

(D)

Applicability. The provisions of this Section 7-1-6 shall apply to all new applications for a Development Permit, unless materially changed to increase water supply requirements. The determination of the adequacy of water supply for subdivisions shall be made at the sketch plan stage unless material changes occur after sketch plan approval, in which case the determinations shall be made at the next stage of review and approval. The determination for other applications shall be made prior to approval of the application.

(Ord. 03-2023)

(A)

Application Fees.

(1)

Any application must be accompanied by the appropriate fees. A schedule of fees is available through the Town.

(2)

The Town Council, in its sole discretion, may defer, reduce and/or waive certain land use fees within this Chapter 7 for projects demonstrating significant public benefit such as perpetual, deed-restricted affordable or workforce housing projects.

(B)

Reimbursement of Costs. In addition to the application fees, the applicant shall reimburse the Town for all out-of-pocket costs incurred during the review including legal fees, postage, notice and publishing costs, map costs, engineering fees, etc., together with wages and associated payroll costs for contract employees, plus ten percent to cover overhead and administration. The Town shall bill the applicant periodically as such costs are incurred. Payment is due within 30 days. Bills not paid by the due date shall accrue interest at the rate of one and one-half percent per month or part thereof. No plat shall be recorded, improvement accepted, lien released, building permit issued, tap approved or other final approval action taken until all fees then due are paid to the Town. Such fees may be certified to the County Treasurer for collection as delinquent charges against the property concerned.

(Ord. 03-2023)

(A)

The Town Manager or designee, shall be responsible for the interpretation, administration, and enforcement of the provisions of these Regulations, as amended, the Official Zoning Map, as amended, and of any decisions entered by the Planning Commission, Board of Adjustment, and/or Town Council, pursuant to this Subsection.

(B)

No building permit, occupancy permit, or other permit or license shall be issued, nor shall any other action of approval be taken or allowed by the Town for any property which is not in compliance with the provisions of these Regulations, and any decision issued pursuant hereto.

(C)

Whenever necessary to make an inspection to enforce any of the provisions of these Regulations, or any provision of a decision entered, pursuant to this Section, or whenever there is reasonable cause to believe that a violation of any provision of these Regulations, or of any decision issued, pursuant to this Chapter exists, the Marshal, Town Manager or designee, Building Inspector, or their authorized representative, shall have the right to enter upon such building or premises at all reasonable times for purposes of inspection or to perform any other duty imposed by this Section. Prior to entering the property, 24-hour written or verbal notice shall be provided to the property owner. Prior to entry, they shall identify themselves and request permission to enter from the occupant or person in charge of the premises if they can be found by reasonable efforts. If entry is refused, they shall have recourse to any remedy provided by law to secure entry.

(D)

The Town may maintain an action in a court of competent jurisdiction to enjoin any violation of these Regulations or of the terms of any decision entered pursuant to this Chapter.

(E)

Any action which reduces the area of any site, lot, or tract in violation of the minimum dimensional requirements of these regulations shall be unlawful.

(F)

It shall be unlawful to violate any of the provisions of these Regulations, or the terms of any decision entered pursuant to this Subsection. Any person convicted of such a violation may be punished by a fine of up to $300.00. Each day any violation continues shall constitute a separate violation.

(G)

Continuing Violations of these Regulations, the terms of any decision issued pursuant to this Chapter, or any subdivision plat restrictions, are hereby declared to be a nuisance and may be abated in any lawful manner.

(Ord. 03-2023)