(a)

Title. This Chapter 16 is known as the Severance Land Use Code. References to "this Code," "the Development Code," or "these regulations" shall be considered a reference to the Severance Land Use Code. This Code establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision, and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews and appeals. Also included are Town standards for site and building design, landscaping, parking, and public infrastructure.

(b)

Authority. This Code is adopted pursuant to the purposes and authority contained in the Colorado Revised Statutes (CRS) and the Colorado Constitution, Article XX, and the Severance Charter, independent of and in addition to the CRS, Title 31, Article 23. This title also supersedes any state legislative enactments which are, by their terms, subject to being superseded by adopted home rule charters or ordinances. Whenever a section of the CRS cited in this Code is later amended or superseded, this Code shall be deemed amended to refer to the amended section or sections that most nearly corresponds to the superseded section. Additional statutory authority may exist for specific types of land use regulations.

(c)

Jurisdiction. This Code shall apply to all structures and land within the Town's corporate boundaries, as depicted on the official zoning map. The Town's planning jurisdiction includes all land within the corporate limits and, where applicable, the lands within the growth management area (GMA) as defined in the adopted Comprehensive Plan. Maps showing these and other regulatory boundaries shall be available for public inspection with the Town. For purposes of zoning and subdivision, this Code only applies to lands within the Town's corporate boundaries. It shall be unlawful to conduct any development or use of land until all specified development review processes have been followed, all applicable standards have been fulfilled, and all required approvals, permits or other authorizations have been issued.

(d)

Purposes. This Code is adopted to promote the public health, safety, and general welfare for the Town and its' citizens and businesses. The regulations have the following purposes:

(1)

Create a vital, cohesive, well-designed community to enhance the Town's character and further the citizen's vision, goals, and objectives.

(2)

Implement adopted plans, policies, and programs, including the current Comprehensive Plan.

(3)

Promote the physical, social, and economic well-being of the Town and its' citizens and businesses.

(4)

Invest public funds effectively and efficiently, and in a manner that creates lasting value for the community.

(5)

Promote innovative, quality community planning and design that creates distinct places and unique elements that enhance the character of the community.

(6)

Provide parks, trails, and civic spaces that help organize development around systems of connected open spaces.

(7)

Promote the proper arrangement and design of streets to shape efficient neighborhood development patterns to improve access and circulation patterns.

(8)

Coordinate with existing and planned streets to improve access and circulation patterns that support abutting land uses.

(9)

Divide the community into zoning districts that promote the character and development patterns of distinct places identified in the Comprehensive Plan.

(10)

Regulate the development and use of structures and land within each zoning district to create compatible development patterns.

(11)

Promote appropriate transitions to adjacent properties.

(12)

Provide a variety of housing opportunities for all citizens.

(13)

Facilitate the adequate and efficient provision of public and private infrastructure to support the Town's adopted vision and values.

(14)

Direct new development into areas with adequate public and private infrastructure and to areas that conserve environmentally sensitive lands and protect citizens from environmental hazards and dangers.

(15)

Facilitate clear and consistent development procedures for all citizens and businesses.

(Ord. No. 2023-08, §1)

The provisions of this Code shall be interpreted and applied as the minimum requirements for the promotion of public health, safety, and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations, or sections, the more restrictive or that imposing the higher standard shall govern.

(1)

General rules. The following rules shall apply to the application and interpretation of these regulations, unless otherwise stated within this Code:

a.

The singular includes the plural, and the plural includes the singular.

b.

The words "must," "shall," and "will" are mandatory; whereas the words "may," "can," "should" and "might" are permissive but recommended as a way to best meet the standard or achieve the intent of the standard.

c.

The word "lot" shall include the words "building site," "site," "plot," or "tract."

d.

A building or structure includes any part thereof.

e.

The present tense includes the future tense, and the future tense includes the present tense.

f.

Lists of examples prefaced by "including the following," "such as," or other similar clauses shall not be construed as exclusive or exhaustive and shall not preclude an interpretation of the list to include other similar and non-mentioned examples.

g.

The conjunctive "and" in a list means that all apply; the conjunctives "or" and "and/or" mean the provisions may apply singly or in any combination; and the conjunctive "either ... or" means the provisions apply individually but not in combinations.

h.

When calculations to determine a requirement result in a fraction that cannot be divided (i.e., parking spaces, trees, dwelling units, etc.) it shall be rounded up to the nearest whole number.

i.

Any references to "Town Manager," "Manager," or any other official may also include any other designee of the Town Manager.

j.

For processes and procedure timeframes that specify a certain number of "days," it shall be assumed to mean "calendar days," unless otherwise specified.

k.

Any reference to other official local, state, or federal government rules or regulations shall include the most current versions of those rules or regulations.

l.

References to a person shall include the individual, a partnership, association, agency, corporation, or other legal entity and their associated representatives.

(2)

Interpretation of the Zoning Map. Where uncertainty exists with respect to any boundary on the official zoning map, the following rules shall apply:

a.

Property lines. Zoning district boundaries shall be interpreted as following platted or official legal property lines unless these lines have been substantially altered.

b.

City limits. Zoning district boundaries shall be interpreted as following the official Town limits.

c.

Other features. Zoning district boundaries shall be interpreted as following the centerline of streets, rights-of-way, rivers, or other similar features.

(3)

Official interpretations of this Code. The Manager may make official interpretations in cases where there is uncertainty to the criteria of this Code. Such interpretations shall be made in writing to applicants and documented at the Town with the Community Development Department. When making an official interpretation, the following criteria shall be used:

a.

Rational professional and technical planning principles.

b.

Town adopted goals and policies of the Comprehensive Plan and other adopted plans and policies.

c.

The purposes, intent, or criteria applicable to this Code and the specific chapter or sections related to the interpretation.

d.

Applicable and available resources, guidelines, or industry standards.

e.

The context and physical characteristics of the surrounding neighborhood and/or environment.

f.

If the interpretation could be applied in a similar circumstance or situation.

(4)

Non-regulatory provisions. Purpose statements, development, and design criteria, supporting tables and/or graphics, and analysis such as captions or notes to figures and tables provide additional guidance or simplification to an interpretation of the Code criteria. In the event of a conflict, the specific written criteria shall control.

(5)

Resources, guides, and industry standards. Reputable professional and technical planning resource guides and industry "best practice" standards may be used by the Town to supplement this Code, as determined by the Manager. These resource guides and/or standards should only be used to clarify the adopted criteria or the purposes of this Code. They shall not be used to conflict with any adopted criteria but may be used in text amendments by the Town.

(Ord. No. 2023-08, §1)

All existing ordinances, resolutions, or motions of the Town Council in conflict with this Code are, to the extent of such conflict, hereby superseded and repealed, provided that no such repeal shall repeal the clauses of such section, resolution, or motion, nor revive any section, resolution, or motion thereby. The adoption of this Code shall not adversely affect the Town's right to seek remedies for any violation of previous sections that occurred while those sections were in effect.

(1)

Comprehensive Plan and advisory documents. It is the intent of the Town that this Code implements the planning policies adopted in the Comprehensive Plan, its GMA, and all other adopted advisory documents. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan and/or adopted advisory documents, nor may any action taken in conformity with this Code be challenged on the basis of claimed inconsistency with the Comprehensive Plan and/or adopted advisory documents.

(2)

Requirement for Comprehensive Plan amendment. Where a development proposal is not in conformance with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. Conformance exists when a development proposal matches the designations of the land use sections within the Comprehensive Plan.

(3)

Criteria for evaluating amendment proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan.

(Ord. No. 2023-08, §1)

(a)

If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code.

(b)

If any court of competent jurisdiction invalidates the application of any provision of this Code, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

(c)

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. No. 2023-08, §1)

(a)

Administrative authority on certain land use applications. Notwithstanding any other provision of this Code and subject to any limitations established by state statute, the Town Manager or such official's designee may act administratively, without resort to the Town Council or the Planning Commission with respect to minor modifications as provided for in Section 16.19.160.

(b)

Town Manager. The Town Manager (Manager) may delegate their authority to a department or staff position (designee) to administer and interpret certain or all aspects of this Code. Other department heads and staff may serve in an advisory role under this Code. In addition to the authority granted by the Charter and local ordinances, the Manager shall have specific review responsibilities and final administrative decisions referred to the Manager under the procedures and standards of these regulations. The Manager may bring forward amendments to the Comprehensive Plan, Zoning Map, and these regulations.

(c)

Community Development Department and Community Development Director. The Community Development Department (Department) and Director (Director) may assume the role as the administrator, the principal interpretation and enforcement official of these regulations, as the Manager's designee. The Community Development Department and Director may consult with any other Town staff or relevant outside agencies to coordinate any plans, policies, and programs that impact these regulations or adopted plans and policies. The Community Development Department and Director shall specifically:

(1)

Prepare and provide development application forms and administer the requirements and review of submittals.

(2)

Oversee the application, review, and administration processes and prepare presentations and reports for review bodies.

(3)

Issue official interpretations and approve the use of other resources, guides, and industry standards used in administering this Code, as designated by the Manager.

(4)

Make final interpretations and final administrative decision referred to the Department or Director under the procedures and standards of these regulations.

(d)

Planning Commission. The Planning Commission is the appointed body responsible for long-range and comprehensive planning. The Planning Commission is established according to the Town Charter. In addition to all other general planning authority granted by the Charter, statutes, and local ordinances, the Planning Commission shall have the specific review responsibilities and final authority referred to the Planning Commission under the procedures and standards of these regulations, as appointed by the Town Council.

(e)

Town Council. The Town Council is the elected and governing body responsible for all legislative decisions that affect implementation of adopted plans, regulations, and policies. In addition to other general authority granted by law, the Town Council shall have the final decision authority as outlined under the procedures and standards of these regulations.

(f)

Board of Adjustments. The Board of Adjustments (BOA) shall act in accordance with the same rules and procedures that govern the Planning Commission and Town Council. Pursuant to Section 31-23-307(1), CRS, and as amended, the Town Council hereby appoints itself to serve as the BOA. The BOA shall hear and decide major variance and appeal requests.

(1)

The BOA shall have the following powers and duties, all of which shall be subject to and in compliance with the laws of the State, in harmony with the purpose and intent of this Code and the most appropriate development of the neighborhood.

a.

To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of the provisions of this Code, as identified in procedures Article of this Code.

b.

To review and decide on major variance requests from the terms of this Code in accordance with the major variance review criteria and procedures of this Code.

(Ord. No. 2023-08, §1)

(a)

Responsible enforcement entity. The Town Manager or such other person as may be designated by the Manager shall be responsible for enforcing the provisions of this Article.

(b)

Violations and enforcement procedures.

(1)

Violations. It shall be unlawful to violate any provision of this Code.

(2)

Specific activities violating this Code. It shall be a violation of this Code to undertake any of the following activities:

a.

Activities inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, demolishing, moving, or using any building, structure, or sign, or engaging in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including terms and conditions of all required approvals.

b.

Land-disturbing activities inconsistent with the Code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations.

c.

Nonconforming uses or structures inconsistent with Code. Creating, expanding, replacing, or changing a nonconforming use, structure, lot, or sign, except in compliance with this Code.

d.

Making lots or setbacks nonconforming. Reducing or diminishing the lot area, setbacks or open space below the minimum required by this Code.

e.

Increasing intensity of use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code.

f.

Activities inconsistent with permit or approval. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity, whether issued under or required by this Code.

g.

Activities inconsistent with conditions of approval. Failing to comply with any terms, conditions or limitations placed by the Town upon any final development plan, subdivision plat, permit or other form of approval by the Town.

h.

Agreements to convey. Making any agreement to convey or conveyance of any lot or undivided parcel of land, contrary to the provisions of this Code or prior to approval of a final plat by the Town; it shall be a separate violation for each lot or parcel of land sold or agreed to be sold.

i.

Activities inconsistent with order of Town. Failing to comply with any stop work order, abatement order or any other order issued by the Town pursuant to this Code.

(3)

Separate violations. Any person who violates or causes the violation of any of the provisions of this Code shall be guilty of a separate offense for every day or portion thereof during which a violation is committed, permitted, or continues.

(4)

Remedies and enforcement powers. The Town Manager shall have the following remedies and powers to enforce this Code:

a.

Civil remedies and enforcement powers.

1.

Deny/withhold entitlements. The Manager may deny or withhold all entitlements, including certificates of occupancy, or other forms of authorization to use or develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or lien resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.

2.

Revoke entitlements. Any entitlement or other form of authorization required under this Code may be revoked when the Manager determines that:

i.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement;

ii.

The entitlement was procured by false representation;

iii.

The entitlement was issued in error; or

iv.

There is a violation of any provision of this Code.

Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the entitlement was issued, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice. An entitlement shall only be revoked by way of a procedure that is equivalent (in terms of due process) to the proceeding that originally granted the entitlement.

3.

Stop-work orders.

i.

Whenever any building or structure or site or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building codes, or in a manner that endangers life or property, the Manager has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

ii.

With or without revoking permits, the Manager may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of an entitlement or other form of authorization issued under this Code.

iii.

The stop-work order shall be in writing and posted at the site of the work and shall specify the provisions of this Code or other law allegedly in violation. After any such order has been posted, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

iv.

Once conditions for resumption of the work have been met, the Manager shall rescind the stop-work order.

4.

Civil penalties. Violation of this Code may be punishable through imposition of a civil penalty as set forth in the Town's Municipal Code.

5.

Injunctive relief. The Manager may seek injunctive relief or other appropriate relief in district court or other court of competent jurisdiction against any person who fails to comply with any provision of this Code, or any requirement or condition imposed pursuant to this Code. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this Code is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject Code violation.

6.

Abatement. The Town may abate the violation pursuant to the procedures set forth in Chapter 7 of the Town's Municipal Code, with the following modifications:

i.

Unless the notice is appealed, pursuant to Section 16.19.140, to the Board of Adjustment within ten (10) days of service of the notice, the Manager shall proceed to abate the violation.

ii.

Criminal remedies and enforcement powers.

1)

Misdemeanor. A person shall be guilty of a misdemeanor upon conviction in any case where a violation of this Code exists, where notice of violation, including any stop-work, enforcement, or compliance order has been properly served, and where such person fails to comply with such notice stop-work, enforcement, or compliance order.

2)

Penalty. Failure to comply with all the provisions of this Code shall constitute a misdemeanor and, upon conviction, is punishable by a fine of five hundred dollars ($500.00) or imprisonment for a period of not more than ninety (90) days, or both. Each day that such violation continues to exist shall be considered a separate offense.

(5)

Persons responsible. The owner, tenant or occupant of any building or land or part thereof, as well as any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(6)

Remedies cumulative. The remedies provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law or equity and may be exercised in any order. Each twenty-four (24)-hour period or portion thereof is considered a separate violation under this Code.

(7)

Continuation of prior enforcement actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.

(8)

Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection or failure to inspect or reinspect, by reason of issuing a building permit or by reason of pursuing or failing to pursue an action for injunctive relief.

(9)

Violations. Violations of this Code may be enforced in the municipal court or any other court with jurisdiction, by any appropriate equitable action, by abatement, by issuance of stop work orders, by injunction and restraining order, by revoking any permits or approvals issued and by assessing any amounts due or delinquent fines as taxes. Any one (1) or any combination of the foregoing penalties and remedies may be used to enforce this Code.

(10)

Costs and attorney's fees for enforcement for abatement to be paid to the Town. Costs and attorney's fees associated with said abatement shall be charged to the owner of the property on which said violation has occurred and any other person responsible for the violation, as defined in this Code.

(Ord. No. 2023-08, §1)