Severance City Zoning Code

Applications and land use procedures shall be processed in accordance with the following Table 16.2.110 and review processes outlined in this Article 2.

(a)

Table of review procedures interpretation. The following list of terms are abbreviated, as listed here, within Table 16.2.110.

• Planning Commission is abbreviated as PC.

• Town Council is abbreviated as TC.

• Board of Adjustments is abbreviated as BOA.

• When a meeting or action is required, an X is used in the cell.

• When a meeting or action is required at the direction of the Town, an O is used in the cell.

• For attributes or requirements that are not applicable, the abbreviation n/a is used.

• When a public hearing is required, an H is used in the cell.

• Reviewing and recommending authority is denoted with a R.

• Decision making authority is denoted with a D.

• Having the ability to appeal a decision is denoted with an A.

Table 16.2.110.
Land Use Review Procedures

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Eligible applicants.

Unless otherwise specified in this Code, applications for review and approval may be initiated by the following list of entities. When an authorized agent files an application under this Code on behalf of a property owner, the agent shall provide the Town with written documentation that the owner of the property has authorized the filing of the application. When a review or decision-making body initiates action pursuant to this Code, it does so without influencing the approval or denial of the application.

(1)

The owner of the property that is the subject of the application; or

(2)

The owner's authorized agent; or

(3)

The Town Council acting on its' own initiative or through recommendations brought to it by staff or the Planning Commission; or

(4)

Other entities that have rights provided by law.

(b)

Application forms.

Applications required under this Code shall be submitted to the Town in a form and format specified by the Town Manager and/or their designee. The Town is authorized to establish submittal requirements and procedures to ensure all applications can be evaluated for conformance with this Code.

(1)

Modification. The Town Manager and/or their designee may waive or modify certain requirements for specific information at the time of application due to the routine nature of the application or due to the context of the application making the information inapplicable for review against the standards and criteria of this Code.

(2)

Supplement. The Town Manager and/or their designee may require further submittals or information, provided the request is required to evaluate compliance with this Code and/or adopted plans and policies.

(c)

Development review fees.

(1)

Fees shall be paid in accordance with the adopted and published Town fee schedule. The fee schedule may be revised and adopted annually by resolution of the Town Council and is available for review at the Town.

(2)

Applicants shall submit fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters. Development review deposit fees will be charged to applicants for processing, reviewing, and administering applications such as but not limited to building permits, subdivision plats, rezoning requests, site plans, annexations, sign permits, variances, and all other administrative functions. In addition to the standard fees, the applicant and the owner of the property that is the subject of the application shall be required to pay any actual costs and fees incurred by the Town for review of the application by consultants and staff, including but not limited to engineering, surveying, legal and planning. Such fees shall include the hourly cost for any contracted professionals engaged by the Town for review of the application.

a.

The Town may require a deposit from applicants to offset the Town's costs for review prior to consideration of any application submittal pursuant to this Code.

b.

The Town shall not continue the processing of any application for which the applicant or the property owner has refused to deposit the funds to cover the Town's cost of review.

(d)

Concurrent applications.

When a project requires approvals under more than one (1) type of application, the Town Manager and/or their designee may determine that each application may be submitted and reviewed concurrently based on the similarity of information needed and interrelationship between the applications.

(1)

Subdivision plat and site plan applications may be processed concurrently with annexation and initial zoning applications; however, such applications shall only be given final approval after annexation and initial zoning of the subject property are effective.

(2)

Site plans shall only be given final approval after a final plat approval is granted.

(e)

Withdrawal of an application.

(1)

The applicant may request to withdraw their application. Such request shall be in writing, either digital or print. Annexation applications with an approved resolution initiating annexation proceedings may only be withdrawn subject to approval by the Town Council.

(2)

After withdrawal, the Town will take no further action on the application.

(3)

The applicant may resubmit an application which shall be treated as a new application for purposes of review, scheduling, and payment of the application fees.

(4)

A request for withdrawal of an application from a noticed agenda is subject to the discretion of the decision-making body.

(f)

Inactive application.

If the applicant fails to submit requested application materials within one hundred and eighty (180) days of the request, the application shall become void, and the re-submittal of a new application and fees shall be required. The Town Manager and/or their designee may grant no more than two (2) extensions of time to this provision, of no more than six (6) months each, upon a written request by the applicant.

(g)

Lapse of approvals.

Approvals of land use applications shall be null and void and shall automatically lapse if not completed or recorded within the approval time frames established by the procedures of this Code. A lapse of approval is different from vesting as established in statute and specified in Division 2 of Article 1 of this Code. If applicable, the lapse of approval time frames established by the procedures of this Code may be extended only when all the following conditions exist:

(1)

The provisions of this Code must expressly allow the extension;

(2)

An extension request must be filed prior to the applicable lapse-of-approval deadline;

(3)

The extension request must be in writing and include justification; and

(4)

Unless otherwise noted, authority to grant extensions of time shall rest with the decision-making body that granted the original approval.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

This section is intended to outline typical development review steps administered by the Town for both administrative review and public hearing review applications, as identified in Table 16.2.110 of this Code. This information is not intended to reflect review timeframes or unique aspects of every application, including but not limited to the number of reviews required, situations beyond the Town's control, or individual approval requirements.

(a)

Public hearing decision. The typical workflow for processing an application with public hearings is as follows:

(1)

Pre-application conference required unless waived by the Town Manager and/or their designee.

(2)

Concept review by the Town as requested by the Town or applicant.

(3)

Formal application submittal and completeness review by the Town.

(4)

Development application review by the Town.

(5)

Neighborhood meetings are managed by the applicant, required unless waived by the Town Manager and/or their designee.

(6)

Application is revised and resubmitted by the applicant and reviewed by the Town.

(7)

Planning Commission action or recommendation.

(8)

Town Council action.

(9)

Recording of approved document(s), if applicable.

(b)

Administrative decision. The typical workflow for processing an administrative application is as follows:

(1)

Pre-application conference required unless waived by the Town Manager and/or their designee.

(2)

Concept review by the Town as requested by the Town or applicant.

(3)

Formal application submittal and completeness review by the Town.

(4)

Development application review by the Town.

(5)

Neighborhood meetings are managed by the applicant, required unless waived by the Town Manager and/or their designee.

(6)

Application is revised and resubmitted by the applicant and reviewed by the Town.

(7)

Town Manager and/or their designee action.

(8)

Recording of approved document(s), if applicable.

(c)

Step 1: Pre-application conference. This step provides an informal evaluation of the applicant's proposal and provides an opportunity to familiarize the applicant and the Town with the applicable provisions of this Code, the Town's Comprehensive Plan, and other documents as may be appropriate including the Town's corridor plans, infrastructure requirements, and any other items that may affect the applicant's proposal. This step is required for most application types and may be waived by the Town Manager and/or their designee depending on the unique characteristics of the development proposal. When required, the applicant shall submit the information required in accordance with the application and submittal requirements maintained by the Town.

(1)

The applicant shall submit a request on a form or in a manner approved by the Town. Staff will coordinate a meeting with the applicant once all requested items have been submitted for the discussion.

(2)

The meeting is an informal discussion of the preliminary development proposal with Town Staff. The applicant shall submit the required information to facilitate discussion on the following topics:

a.

How the proposal meets the goals of the Comprehensive Plan and/or other adopted plans or policies related to the application.

b.

The proposed use(s), general site layout, conceptual or anticipated design of the structure(s), and how the project relates to surrounding sites and public spaces.

c.

How the project will contribute to the area and further the intent of the existing or proposed zoning district.

d.

How the project addresses the applicable review criteria for the proposed development application type.

e.

Impacts to infrastructure planning including timing, phasing, or the need for technical studies or outside agency coordination and review.

f.

Necessary public improvements as part of the proposal, including but not limited to public and private utilities, sidewalks and/or trails, road improvements, parks, landscaping, or other improvements warranted by the proposed development.

g.

Opportunities to improve designs, layout, and overall function to meet Town goals and policies.

(3)

The informal evaluation provided at the conference is not binding upon the applicant or the Town but is intended to serve as a guide to the applicant in making the development application and advising the applicant in advance of the development application of items that may be presented to the appropriate decision-making body.

(4)

After a pre-application conference has been held, a formal application must be submitted within six (6) months. If an application is not filed within such a timeframe, a new pre-application conference shall be required prior to filing a formal application, unless waived by the Town Manager and/or their designee.

(d)

Step 2: Concept review. For a fee, at the request of the Town or an applicant, any applicant may opt to have a more thorough technical review of a proposed land use concept beyond the pre-application conference review. The informal evaluation provided through a concept review is not binding upon the applicant or the Town but is intended to identify major problems which must be resolved, to assess the overall feasibility of the proposal, or to provide additional guidance to the applicant in preparing the development application of issues that may be presented to the appropriate decision-making body. The applicant will be responsible for reimbursing the Town for consultant fees incurred by the Town for such review. Reimbursement must be made as a condition of further review or acceptance of an application (see step 3).

(e)

Steps 3 and 4: Application submittal and review. Upon receipt of a development application and payment of the required fee, the Town will take the following steps:

(1)

Completeness review. The Town shall determine if an application is complete. An application shall be considered complete if it is submitted in the required form, includes all submittal information specified by the Town Manager and/or their designee, and is accompanied by the applicable application fee(s).

a.

If an application is deemed complete, it shall be processed for formal review.

b.

If an application is determined to be incomplete, the Town shall notify the applicant of the deficiencies. No further processing or review of the application will occur until the deficiencies are corrected as requested and the application is re-submitted.

(2)

Additional information. Town Staff may require additional application-specific information as necessary and appropriate to evaluate fully whether an application complies with the requirements of this Code.

(3)

Referral review. After determining that a development application is complete, staff shall distribute the submittal to designated referral agencies for the opportunity to review and comment on an application. Referral agencies include but are not limited to adjacent or other local governments, state agencies, public and private utility providers, ditch companies, school districts, and other special districts such as the fire district. Referral agencies shall provide comments to the Town within thirty (30) calendar days of receiving a referral packet, unless otherwise specified by the Town in the referral announcement. The applicant is encouraged to meet with referral agencies prior to the end of the referral period. The applicant is required to pay fees assessed by referral agencies.

(4)

Staff review and comments. The Town shall coordinate a staff review and may provide the applicant with the following information in writing.

a.

Comments or recommended change(s) based on the review of referral agencies, staff, and comments from neighborhood meeting(s).

b.

Supplemental information required to support the application and address comments or the recommended changes.

(5)

Resolution of issues. Staff shall compile and review all referral comments and provide a copy of all comments to the applicant. The applicant shall resolve outstanding issues to the maximum extent reasonably practicable. The applicant shall provide the Town with written responses addressing all referral and staff comments. At the discretion of the Town Manager and/or their designee, referral comments requiring significant changes to a development application, plan, or proposal may require re-referral to referral agencies.

(f)

Step 5: Neighborhood meeting. The purpose of a neighborhood meeting is to provide a less formal opportunity to inform surrounding neighborhood residents and landowners of the details of a proposed development application, how the applicant intends to meet the standards contained in this Code, and to receive public comment and encourage dialogue at an early stage in the review process. Attendance at the meeting by Town Staff is not required.

(1)

A neighborhood meeting may be required as follows.

a.

In accordance with Table 16.2.110 Land Use Review Procedures of this Code; or

b.

During the review of the application, the Town Manager and/or their designee may require an additional neighborhood meeting in situations such as the following:

1.

The characteristics of the project are complex and present the potential for significant changes and unanticipated impacts on nearby or adjacent property; or

2.

The proposal is likely to raise questions or concerns from adjacent property owners, beyond the typical allowances under the zoning district and/or the adopted plans or policies.

(2)

Neighborhood meeting procedure.

a.

Timing. In most instances, the neighborhood meeting should occur after the applicant has received the first round of referral responses as outlined in this Code, unless otherwise directed by the Town Manager and/or their designee.

b.

Responsibility. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed.

c.

Notice. The applicant shall send mailed notice of the neighborhood meeting to property owners. The applicant shall submit an affidavit to the Town affirming that the notice requirement has been met.

d.

Summary. The applicant shall prepare a written summary of the neighborhood meeting, including a list of attendees, meeting notes, and a list of comments from the public. The written summary shall be provided to Town Staff prior to the next steps in the review process and shall be included in the case record.

(3)

No determination. No official determination or decision regarding the application will be made at the neighborhood meeting.

(g)

Step 6: Applicant resubmits revised plans and supporting documents. Following the initial review by the Town and referral agencies and completion of a neighborhood meeting, as applicable, the applicant is responsible for resubmitting revised plans and supporting documents that address comments received from the Town and referral agencies.

(1)

If the applicant chooses not to address specific comment(s) or recommended change(s), a written explanation shall be included with the resubmittal that demonstrates a good faith effort to address the item or justify why the comment was not addressed.

(2)

Failure to address a comment or recommended change without explanation may be grounds for rejection of the revised application resubmittal.

(3)

Steps 3, 4, and 6 repeat until the application is deemed ready for the next step in the process by the Town Manager and/or their designee.

(4)

The applicant has one hundred and eighty (180) days to resubmit their proposal for review or risk their application expiring. If an application is not resubmitted within such a timeframe, the project is expired and a new application and associated fee(s) shall be required, unless waived by the Town Manager and/or their designee.

(h)

Step 7 (Administrative): Town Manager or designee action. For administrative applications, after consideration of the development application and staff and referral comments (as applicable), the Town Manager and/or their designee shall approve, approve with conditions, or deny the application based on its compliance with the applicable application type review criteria, adopted plans and policies, and the recommendation of professional staff.

(i)

Step 7 (Public Hearing): Planning Commission recommendation or action. For public hearing applications, the Planning Commission may serve in one (1) of the following two (2) capacities.

(1)

As a recommending body that reviews the application against the criteria of this Code, adopted plans and policies, and the recommendation of professional staff, and provides a recommendation to the Town Council for approval, approval with conditions, or denial of the application.

(2)

As a deciding body that reviews the application against the criteria of this Code, adopted plans and policies, and the recommendation of professional staff, and makes a final decision to either approve, approve with conditions, or deny an application.

(j)

Step 8 (Public Hearing): Town Council action. For public hearing applications, the Town Council serves as the decision body for certain application types, as specified in Table 16.2.110. Following review of the proposal against the criteria of this Code, adopted plans and policies, and the recommendation of the Planning Commission (as applicable) and professional staff, the Town Council may approve, approve with conditions, or deny the application, or refer the application back to the Planning Commission for further review.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Public hearing(s). Public hearing(s), if required under this Code, shall be conducted according to the following procedures:

(1)

A hearing shall be scheduled within a reasonable time as allowed by the schedules of the Town officials and staff. The Town Manager and/or their designee is responsible for the scheduling of all public hearings.

(2)

The hearing shall be open to the public and any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall provide their name, address and, if appearing on behalf of a person or organization, the name and mailing address of the person or organization being represented. The decision-making body conducting the public hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial, or unduly repetitious.

(3)

Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place. All continuances shall be granted at the discretion of the body conducting the public hearing.

(4)

Record. An audio recording shall be made of all hearings, and transcripts of such hearings may be requested within thirty (30) calendar days of the close of the hearing. Transcripts will be provided within a reasonable time after deposit of the cost of the preparation of the transcript with the Town.

(5)

Modification of an application at the hearing.

a.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Town Council, Planning Commission, or Board of Adjustment (BOA), the applicant may agree to modify their application, including the plans and specifications submitted.

b.

Unless such modifications are so substantial or extensive as to materially change the plans, the hearing body may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed-upon changes are submitted to the Town for review and approval as an administrative act.

(b)

Notice requirements. Notice shall be provided for each application as indicated in Table 16.2.110 and detailed below in Table 16.2.140. The applicant shall be responsible for all costs of such notices.

(1)

Annexations. Annexation notifications shall be completed in accordance with the Municipal Annexation Act, Sections 31-12-101 et seq., C.R.S., as may be amended.

(2)

Mailed notice. Where mailed notice is required under this Code, the following requirements shall be met:

a.

Content. The mailed notice shall include a description of the proposal, the date, time, and location of the meeting or hearing, and information regarding public comments.

b.

Mailing list. Where required by statute or this Code, the mailed notice shall be sent to the following groups:

1.

All record landowners within a set distance of the outer boundary of the property associated with the application no later than fifteen (15) calendar days before the hearing (unless otherwise specified by state statute or the Town Manager and/or their designee).

2.

To other interested property owners, such as mineral interest owners of record, mineral and oil and gas lessees for the property, and appropriate ditch companies no later than fifteen (15) calendar days before the hearing (unless otherwise specified by state statute or the Town Manager and/or their designee).

3.

To other parties of interest or referral agencies as determined by the Town Manager and/or their designee no later than fifteen (15) calendar days before the hearing (unless otherwise specified by state statute).

c.

Affidavit of compliance. The applicant shall submit a notarized affidavit affirming compliance with the mailed notice requirements to the Town prior to the meeting or public hearing to which the notice relates. Failure to provide the affidavit for a public hearing shall result in continuation of the public hearing.

d.

Surface development notification. Notices shall be mailed to the mineral estate owners of record no later than required by state statute, see Section 24-65.5103, C.R.S.

(3)

Posted. If notice by posting of the property is required by statute or this Code, such notice shall occur by prominently posting signs on the property that is the subject of the proposed action. Such signs shall be posted no less than fifteen (15) calendar days prior to the hearing (unless otherwise specified by state statute) and shall be easily legible from the nearest public streets. The sign shall be in the format available from the Town.

a.

Affidavit of compliance. An affidavit affirming that the property was posted within the specified time, and a photograph of the posting on the property, shall be provided as required by the Town.

b.

When an applicant has made all reasonable and good faith efforts to maintain posted notice, failure of the posted notice will not be grounds to invalidate the application.

(4)

Published. The Town Clerk shall give notice of any public hearing required as follows.

a.

Unless otherwise specified in this Code or as required by state statute or other applicable law, notice shall be given to potentially interested persons not less than fifteen (15) calendar days prior to the hearing by either publishing a notice one (1) time in the newspaper of general circulation in the Town, or on the Town's official website or other publicly accessible website designated by the Town for the publication of legal notices, which shall be accessible through a direct link from the homepage, conspicuously placed.

b.

The notice shall state the date, time, and place of the hearing, identify the lot, parcel, or property that is the subject of the application or appeal, and give a brief description of the action requested or proposed. Proof of publication shall be made part of the record at the time of the public hearing.

Table 16.2.140.
Notification Timeframes and Requirements

The following list of terms are abbreviated, as listed here, within Table 16.2.140:

• Planning Commission is abbreviated as PC.

• Town Council is abbreviated as TC.

• Board of Adjustments is abbreviated as BOA.

• For requirements that are not applicable or required, the abbreviation n/a is used.

• When a public hearing is required, an (H) is used in the cell.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. An amendment to the Town's Official Comprehensive Plan may include any of the following:

(1)

Specific amendment.

a.

Comprehensive Plan text amendment. An amendment to the text of the plan.

b.

Comprehensive Plan land use amendment. An amendment to the plan's land use designation for specific properties or transportation system as referenced in the plan. A land use amendment may be necessary in conjunction with rezoning requests and occasionally with annexation requests. A Comprehensive Plan amendment may be processed concurrently with a related development application at the direction of the Town Manager and/or their designee.

(2)

Periodic update to Comprehensive Plan. An amendment to make periodic updates to the Comprehensive Plan's land use designations, plan framework, plan policies, growth management area, or other major updates to the Comprehensive Plan, or the adoption of a new or restated Comprehensive Plan.

(b)

Submittal requirements.

(1)

Requests for a specific amendment may only be presented by the owner of the real property that is the subject of the requested amendment or the owner's designated representative, Town Staff, the Planning Commission, or the Town Council. Requests for periodic updates may be submitted by Town Staff, the Planning Commission, or the Town Council.

(2)

The owner of real property that is the subject of a specific amendment, or the owner's designated representative, shall submit an application and fee.

(3)

Proposed text amendment, if applicable.

(4)

Proposed land use amendment, including proposed map amendment, if applicable.

(5)

Narrative justifying the request for the Comprehensive Plan amendment and addressing the review criteria in this Section.

(c)

Review criteria. When considering a specific amendment or periodic update to the Comprehensive Plan, the Town requires an applicant to evaluate and provide justification for the following minimum criteria. Additional criteria based on the unique characteristics of a request may be required by the Town.

(1)

The proposed amendment is consistent with the vision, intent, and applicable policies of the Comprehensive Plan and other adopted plans, policies, and guidelines.

(2)

The proposed amendment serves a public purpose and will not be substantially detrimental to the surrounding lands.

(3)

The proposed amendment considers the nature and degree of impacts on neighboring lands and takes mitigation measures based on industry best practices and protection of public health, safety, and welfare.

(4)

The proposed amendment considers the nature and degree of impacts on the Town's existing and planned infrastructure and addresses mitigation measures that address public health, safety, and welfare of the Town and its inhabitants.

(5)

The proposed amendment is necessary to address substantially changed conditions since adoption.

(6)

The proposed amendment furthers an important policy adopted by the Town.

(d)

Review procedures. In addition to the general procedures found in this Code, the following requirements apply to requests for specific amendments or periodic updates to the Comprehensive Plan:

(1)

Following review by staff and referral agencies, and any necessary resubmittal(s), the Town shall schedule a review of the amendment request by the Planning Commission during a public hearing.

(2)

The Town shall provide written notice of the Planning Commission public hearing at which the proposed amendment to the Comprehensive Plan is to be considered and a copy of the proposed amendment to Weld County and to any county or municipality that is located within three (3) miles of any boundary of the Town, in accordance with Section 24-32-3209(2)(a), C.R.S., as amended. Such neighboring jurisdictions may review the proposed amendment and submit comments to the Town prior to the hearing on such amendment by the Planning Commission.

(3)

The Planning Commission shall hold a public hearing and adopt a resolution by the affirmative vote of a majority of the entire membership of the Planning Commission recommending that the Town Council approve, approve with conditions, or disapprove the proposed amendment.

(4)

After receiving the recommendation of the Planning Commission, the Town Council shall approve, approve with conditions, or disapprove the proposed amendment by resolution.

(e)

Effect of decision. Upon approval of the Comprehensive Plan amendment by the Town Council, the Town shall cause an appropriate revision of the official Comprehensive Plan document and associated maps to be prepared. If the applicant initiated the request, the applicant shall pay the Town's cost for the preparation of the revision to the Comprehensive Plan and associated maps. The Town shall make a copy of the updated Comprehensive Plan, along with any maps and descriptive text, available at Town Hall during regular business hours. The Town Manager and/or their designee shall arrange for the filing of the same with the Division of Local Governments in the Colorado Department of Local Affairs.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The Town Council, Planning Commission, or Town Staff may initiate amendments to the text of these regulations. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision is made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description thereof, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection at the Town during regular business hours for fifteen (15) days prior to the public hearing on such amendments.

(b)

Review criteria. A text amendment shall be reviewed according to the following criteria:

(1)

The amendment furthers the purposes of the Code.

(2)

The amendment improves the efficiency and effectiveness of administering the Code.

(3)

The amendment is consistent with the Comprehensive Plan and other adopted plans and/or policies.

(4)

The amendment incorporates innovations in land use and development practices that were not envisioned at the time the Code was written.

(5)

The amendment promotes the public health, safety, and welfare of the Town's residents.

(c)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to text amendment requests.

(1)

Requests may run concurrently with a related Comprehensive Plan or other adopted plan amendment if the amendment or plan has met the legal and policy requirements for approvals independently of the proposed code amendment.

(2)

Amendments require the recommendation of the Planning Commission to the Town Council.

(3)

The Town Council may refer the request back to the Planning Commission for further review or request additional information prior to acting on the request.

(d)

Effect of decision. Amendments to the text of this Code shall be approved by the Town Council as an ordinance and be effective after the date specified in the ordinance. The Town shall incorporate the approved amendments into this Code.

(e)

Annual review. Town Staff may provide a summary report of any formal issues, concerns, or suggested updates regarding this Code to the Planning Commission for review and consideration on an annual basis or as needed. The Planning Commission may direct action, additional research, or investigation into elements of this Code that may need modification. The intent of the annual review is to provide an opportunity to keep the Code current and ensure its viability and responsiveness over time.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. Annexation is a discretionary, legislative act. Accordingly, the Town shall never be compelled to annex, unless otherwise required by state law, even if all annexation requirements have been satisfied. The purpose of this section is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Municipal Annexation Act of 1965, Sections 3112-101 et seq., C.R.S. (hereafter referred to as "Act"), as amended. This Article, in part, provides supplemental requirements for annexation pursuant to the Act and is not to be construed as altering, modifying, eliminating, or replacing any requirement set forth in that Act or any requirements set forth in other portions of this Code. In the event of a conflict between the Act, the provisions of this Section, or any requirements set forth in other portions of this Code, it is the expressed intent of the Town Council that the more stringent provision shall control.

(b)

Submittal requirements. An annexation application is necessary for the Town to evaluate the impact to the Town of annexing the property identified in the application and negotiating an annexation agreement. The applicant shall submit a letter of intent, application form, annexation plat, related fees, and supporting documents that may include plans, reports, and studies provided by the applicant consistent with the application checklist requirements available through the Town and as discussed during the pre-application conference. An incomplete submission shall not be processed, nor shall it be referred to the Town Council for a determination of substantial compliance. The annexation application shall include the following minimum requirements:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

The written letter of intent shall serve as a cover letter to the formal petition, introducing the applicant to the Town Council, requesting annexation of the petitioner's property and describing the development plans for the property if it is annexed.

(3)

The applicant shall submit a petition for annexation that complies with the requirements of Section 31-12-107, C.R.S. The Town will provide the applicant with the standard form of this petition.

(4)

The annexation plat drawing shall comply with the technical drawing requirements of the Town. The plat shall be accompanied by a metes and bounds legal description of the property.

(5)

The applicant shall submit proof of ownership in the form of a current ownership and encumbrances report issued by a title insurance company licensed by the state, whose effective date shall be less than thirty (30) days prior to the date of submittal of the annexation petition. Ownership must match the ownership listed in the petition. If the legal description of the area to be annexed as shown on the annexation map does not match the legal description of the property owned because of road rights-of-way or other reasons, then the title policy must certify that the property owned is wholly contained within the described area on the annexation map. If the applicant is not the owner, there shall be provided a notarized affidavit by the owner stating that the applicant is authorized by the owner to make application for annexation.

(6)

The applicant shall provide a copy of the prior year's property tax statement and paid receipt for all property to be annexed.

(7)

If zoning is requested simultaneously with annexation, the petitioner must submit a completed zoning application form, including a zoning map, for the property. If zoning is approved, the applicant must amend the official zoning map and pay all application, mapping, and recording fees. If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under compliance with this Code and the zoning map within ninety (90) days of the completion of the annexation process.

(8)

The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one (1) or more paragraphs in length and shall be adequate to fully explain the needs, concepts, and proposed solutions for each of the following themes:

a.

The economic impact to the community.

b.

The impact on schools, including an estimate of the number of students to be generated by development of the property.

c.

The anticipated sources of water, sanitary sewer, and other utilities to be used to serve the property and the impact on the water and sanitary sewer systems anticipated to serve the property.

d.

The impact on the existing transportation system.

e.

The compatibility of the proposed development with the Comprehensive Plan and any plan amendments that may be necessary for the proposed development.

f.

A review of existing and adjacent land uses, areas of compatibility or conflict and possible mitigation measures that may be required for the proposed development.

(c)

Review criteria. The Town shall evaluate annexations according to the following criteria:

(1)

The annexation complies with the Municipal Annexation Act of 1965, as amended (Sections 31-12-101 et seq., C.R.S.).

(2)

The proposed annexation complies with the Comprehensive Plan goals and objectives, other adopted plans and policies, and any other relevant information in determining whether it is in the best interests of the Town to grant or deny the petition for annexation.

(3)

The proposed annexation promotes geographical balance of the Town's land use pattern.

(4)

Adequate facilities and services are or will become available to support the current or future development within the annexation area. Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town for the public needs to be served by such facilities (including but not limited to streets, bridges, public parks and recreation areas, water and sanitary sewer facilities, school sites, fire and police station sites and storm drainage facilities).

(5)

The annexation shall be shown not to create any additional cost or burden on the then-existing residents of the Town.

(6)

The applicant has demonstrated that the proposed annexation follows all pertinent intergovernmental agreements to which the Town is a party.

(7)

The applicant acknowledges and agrees that it is the applicant's responsibility to apply for exclusion from any applicable special districts.

(8)

The proposed annexation is needed to accommodate future land use requirements.

(9)

Unless otherwise agreed to, the landowner has waived in writing any preexisting vested property rights as a condition of annexation.

(d)

Review procedures. In addition to the specific notice and review procedures required by state statutes at the time of annexation, and in accordance with the general procedures section of this Code, the following specific procedures apply to annexations.

(1)

Pre-application. Annexation pre-application conference with Town Staff to determine the feasibility of the annexation request. The applicant may opt for a concept review for a more in-depth review of proposed plans.

(2)

Petition. A petition for annexation shall be submitted to Town Staff, along with the annexation application items required by this Section and documentation of the supporting the eligibility of the property to be annexed according to the requirements set forth in the Article 31. The annexation petition shall be signed by more than fifty percent (50%) of the landowners in the area and owning more than fifty percent (50%) of the land area of the proposed annexation.

(3)

Eligibility hearing. Upon staff's determination that the petition and supporting documentation are complete and in compliance with C.R.S. and this Code, staff shall refer the petition to Town Council. The Town Council shall take the appropriate steps to determine if the petition is in substantial compliance with C.R.S.

a.

If the petition is found to be in substantial compliance with C.R.S. and this Code, the Town Council may set the annexation and zoning for public hearing on a specified date, time, and place, not less than thirty (30) days nor more than sixty (60) days from the effective date of the resolution.

b.

If the petition is found not to comply with C.R.S. and this Code, no further action shall be taken except that the determination shall be made by resolution of the Town Council.

(4)

Notice. The published and posted notice of the public hearings shall be provided as required by Sections 31-12-101 and 31-12-108 et seq., C.R.S., as amended.

a.

Notice of the public hearing for annexation set by the resolution of substantial compliance shall be published and given to the county and to any special district or school district having territory within the area to be annexed in accordance with state law.

b.

A copy of the published notice, together with the letter of intent provided with the application and the annexation maps, shall be sent by the Town by U.S. mail to the owners of real property, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed, as outlined in Section 16.2.140 of this Code. Notice provided by the Town to the owners of the mineral estate and their lessees shall not relieve the petitioners of the responsibility to provide notice as required by Sections 24-65.5-101 et seq., C.R.S. In the case of a "flagpole" annexation, the Town shall also provide notice to abutting property owners as specified in Section 31-12-105, C.R.S.

c.

Notice to mineral estate owners and lessees. Upon notice of complete application by Town Staff, the petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed and to their lessees, as required by Sections 24-65.5-101 et seq., C.R.S. The petitioner shall certify to the Town the petitioner's conformance with this notice requirement, not less than fifteen (15) days prior to the date of the public hearings.

(5)

An annexation impact report conforming to Section 31-12-108, C.R.S., is required for areas of ten (10) or more acres.

(6)

The annexation assessment report is necessary for the Town to evaluate the feasibility and impacts of the proposed annexation on the Town's infrastructure, including but not limited to the ability to serve with streets, water, sanitary sewer, storm sewer, parks and recreation, schools, police, and fire protection; compliance with the Comprehensive Plan; sources of revenue from the property; the Town's costs to serve the proposed development and other related matters.

(7)

Planning Commission review and recommendation.

a.

The Planning Commission shall hold a public hearing to review the annexation application at a regular or special meeting prior to the date of the public hearing before the Town Council. The Planning Commission will make a recommendation to the Town Council by motion regarding the overall annexation of the property to the Town. The Planning Commission motion may be to recommend approval, approval with conditions, or denial of the annexation request.

b.

At this same hearing, the Planning Commission may review the requested zoning of the property. Notice of the Planning Commission review of zoning shall be given in accordance with the requirements for an initial zoning and rezoning request. The Planning Commission shall recommend to the Town Council approval with or without conditions or recommend denial of the requested zoning.

(8)

Town Council public hearing and action on the annexation.

a.

The Town Council shall hold the public hearing on the petition for annexation (and zoning, if requested in conjunction with the annexation). The petitioners shall present evidence in support of the petition and zoning, if applicable. Town Staff shall present the elements required by statute to be present for annexation and any comments received from governmental entities affected by the annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice as provided by applicable law. At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including the following.

1.

Whether the requirements of Sections 31-12-104 and 31-12-105, C.R.S., and this Section have been met.

2.

Whether additional terms and conditions are to be imposed.

3.

Whether an election is required, either because of a petition for election or the imposition of additional terms and conditions.

b.

If the Town Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., the annexation proceeding will be terminated.

c.

If the Town Council finds the following, then the Town Council may annex the land by ordinance without election and approve any annexation agreement. The zoning of the property, if requested with annexation, shall be approved by separate ordinance.

1.

The annexation complies with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., and the provisions of Section 30 of Article II of the Colorado Constitution.

2.

An election is not required under Section 31-12-107(2), C.R.S., or Section 30(1)(a) of Article II of the Colorado Constitution.

3.

No additional terms and conditions are to be imposed.

(e)

Effect of decision. Town action on the annexation application shall not become final unless all requirements of the annexation ordinance and state statutes have been satisfied, as certified by the Town Manager and/or their designee. When all requirements have been satisfied, the ordinance, the annexation agreement, and the annexation map shall be recorded with the Weld County Clerk and Recorder.

(f)

Three-Mile Plan. The Severance Comprehensive Plan shall serve as and shall constitute the "plan in place" referenced in Section 31-12-105(1)(e), C.R.S., unless a different plan, supplement or revision is expressly adopted to serve as a plan in place. The plan in place may also be commonly referred to as the "Three-Mile Plan" and such plan shall be deemed automatically updated annually on January 1st of each year without further action by the Town unless a change or modification is necessary and is adopted by resolution or ordinance by the Town Council.

(1)

The absence of a specific reference in such plan to a particular parcel of land proposed for annexation shall not be interpreted as a statement of intent to not annex such parcel of land; it is the plan and intent of the Town Council to evaluate and to consider for potential annexation all property within three (3) miles of the Town's then-existing municipal boundaries upon submission of a petition or as otherwise permitted by this Article and the Municipal Annexation Act of 1965.

(2)

The absence in the plan of a specific reference to any character or extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities and terminals for water, light, sanitation, transportation and power to be provided by the Town, and the proposed land uses for the area shall not be interpreted as a failure to comply with Section 31-12-105(1)(e), C.R.S., but shall be interpreted as a plan by the Town to determine the appropriate character or extent of land uses and services through the Town's applicable processes of annexation, planning and development approvals on a case-by-case basis.

(3)

The plan in place may also be amended or modified to identify the character or extent of land uses and services more specifically at any time or contemporaneously with any annexation.

(g)

Water resources required at annexation. All surface and sub-surface water rights appurtenant to or underlying the territory to be annexed shall be dedicated and conveyed to the Town as a condition to approval of the annexation. The Town Council in its sole discretion may require either: 1) The annexation agreement contain terms allowing the dedication and conveyance to be delayed until approval of a final plat for a subdivision or similar final approval for a development not requiring a subdivision; or 2) the severance of ownership or control of the appurtenant water rights from the annexed property shall preclude its annexation. The Town may also require as a condition of annexation the dedication and conveyance of all supplemental water resources in such amounts as necessary to support full development of the territory to be annexed.

(1)

The Town Manager and/or their designee shall administratively approve the required deed form and title assurances for the conveyance of all water rights to the Town. Such conveyance shall require, at a minimum, the warranty of title given by the grantor in a special warranty deed. The grantor shall provide Town with an opinion of title from a qualified water rights attorney that grantor has good and marketable title to the water rights. All reasonable costs incurred by the Town in reviewing the opinion shall be borne by the grantor. The annexation agreement and/or deed shall provide that, in the event it is determined after the recordation of the deed that the deed did not vest in the Town marketable title to the water rights, the development entitlements granted in reliance on the dedication shall be suspended until the title defect is cured or alternative water rights are conveyed to and accepted by the Town in accordance with this Code.

(2)

It shall be the responsibility of the landowner, at their sole expense, to obtain a final decree to any water rights, or for approval of an augmentation plan for not-non-tributary groundwater, prior to conveyance to the Town. Under special circumstances, as determined by the Town Council in its absolute discretion, the Town may participate in such adjudications or accept un-adjudicated groundwater, provided that the cost of adjudication and yield from the subsequent adjudication are addressed in the applicable development agreement or annexation agreement.

(h)

Payments. The Town may require as a condition of annexation the payment of additional amounts by the petitioners or others deemed necessary, beneficial, or advantageous by the Town including but not limited to payments to offset anticipated costs or expenses of providing services to the annexed property or residents of the annexed area, to mitigate anticipated impacts to the annexed area or to surrounding lands, to upgrade infrastructure within the Town, or to defray any costs or expenses of the Town.

(i)

Annexation agreement. Except for Town-owned property, Town-initiated annexation of enclaves, annexations upon election, or when waived by the Town Manager and/or their designee, an annexation agreement is required for all annexation applications and before the annexation may be approved. The Town will provide the applicant with a draft agreement to review and finalize as part of the development review process. The annexation agreement in a form approved by the Town Attorney must be executed by the property owner(s) prior to scheduling the public hearings on the annexation proceedings. The annexation application is reviewed and considered by the Town Council as part of the overall annexation request.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The procedure for establishing or changing the boundaries or area of any zone district, or for establishing or changing the zoning classification of any parcel of land within the Town, as shown on the official zoning map of the Town, shall be as provided in this Section. An official map amendment may be necessary for one (1) of the following purposes.

(1)

Establish initial zoning with an annexation application;

(2)

Correct a manifest error in an ordinance;

(3)

Implement the Comprehensive Plan goals and policies;

(4)

Implement a change in the regulations and restrictions of an area;

(5)

To account for changed or changing conditions in a particular area or in the Town generally; and/or

(6)

To reflect or implement a change in public policies with respect to development.

(b)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum the following items, unless waived by Town Staff:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written letter of intent for the requested zoning or rezoning request. Include documentation and rationale for the zoning or rezoning request based on the review criteria of this Section.

(3)

Property documentation and proof of ownership, in a form acceptable to the Town. Proof of ownership shall be current as of thirty (30) calendar days from the time of application submittal.

(4)

A zoning map drawing in a format as required by the Town and meeting the Town's minimum standards as may be amended, including but not limited to the following.

a.

Full extent of the property boundaries, consistent with the associated subdivision plat boundaries and descriptions.

b.

Existing and proposed zoning of all properties associated with the zoning or rezoning request.

c.

Existing zoning of adjacent properties.

(c)

Review criteria. No application for rezoning of property shall be approved unless the following criteria is met:

(1)

The proposed zoning bears a reasonable relationship to the general welfare of the community; and

(2)

At least one (1) of the following additional factors exists:

a.

The proposed zoning is consistent with or promotes the goals and/or policies of the Comprehensive Plan, and any other applicable Town adopted plans and/or policies; or

b.

If the proposed zoning would conflict with the goals or policies of the Comprehensive Plan, the proposed rezoning demonstrates an improvement over the existing zoning in implementing the goals or policies of the Comprehensive Plan; or

c.

The property to be rezoned was previously zoned in error; or

d.

There has been a material change in the character of the neighborhood or in the Town, such that the proposed zoning would be in the public interest and consistent with the change; or

e.

The proposed zoning serves a community need or amenity that was not considered at the time of the initial zoning of the property.

(d)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to rezoning applications.

(1)

The application shall include a written statement describing the proposal and addressing the following points:

a.

Rationale for the proposed rezoning.

b.

Present and future impacts on the existing adjacent zone districts, uses and physical character of the surrounding area.

c.

Impact of the proposed zone on area access and traffic patterns.

d.

Availability of utilities for any potential development.

e.

Present and future impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools, and transit.

f.

The relationship between the proposal and the Comprehensive Plan.

g.

Public benefits arising from the proposal.

h.

The applicant shall provide contact information to the Town with mineral interest owners of record, mineral and oil and gas lessees for the property, and appropriate ditch companies.

(2)

The application is encouraged to be accompanied by an illustrative site plan. The illustrative site plan is intended to supply enough information about any proposed development for the Town to evaluate and for the Town Council to make a decision on the rezoning application. The information to be supplied will be determined by the Town Manager and/or their designee as part of the pre-application review but should indicate the feasibility and design characteristics of the proposal of the property.

(3)

Applications for rezoning may run concurrently with related development applications at the direction of the Town Manager and/or their designee.

(4)

Following review by staff and referral agencies, and any necessary resubmittal(s), the Town shall schedule review of the rezoning request by the Planning Commission and Town Council during a public hearing.

(5)

The Planning Commission shall hold a public hearing and make a recommendation on the rezoning application to the Town Council.

(6)

The Town Council shall hold a public hearing and make a final decision on the rezoning application by ordinance.

(e)

Effect of decision. Upon approval of a rezoning request to the official zoning map by the Town Council, the Town shall cause an appropriate revision of the official zoning map to be prepared. If the applicant initiated the rezoning request, the petitioner shall pay the Town's cost for the preparation of the revision to the official zoning map. The Town shall record a copy of the official zoning map amendment and ordinance with the Weld County Cleark and Recorder.

(f)

General rezoning of the Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision is made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description thereof, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection with the Town for fifteen (15) days prior to the public hearing on such amendments.

(g)

Zoning of annexed territory. The procedure for the initial zoning of property annexed or to be annexed to the Town shall follow, to the extent practicable, the procedures applicable herein to rezonings. In such circumstances, the zoning procedures may be instituted at any time after a resolution of intent to annex is adopted pursuant to Section 31-12-106, C.R.S., as amended, or after a petition for annexation or a petition for annexation election has been found to be valid in accordance with Section 31-12-107, C.R.S., as amended.

1.

The proposed zoning ordinance shall not be passed before the date when the annexation ordinance is passed.

2.

Any annexed area shall be initially zoned by the Town within ninety (90) days from the effective date of the annexation ordinance, despite any legal review that may be made challenging the annexation. During such 90-day period, or such portion thereof as is required to zone the territory, the Town shall not issue a building permit for any portion(s) of the newly annexed area.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. Minor subdivision plats establish or alter legal boundaries of parcels consistent with the Town's regulations and design criteria of this Code. They do not significantly alter the character of the subdivision nor adversely affect the functions of transportation, utilities, drainage, and other services and providers. The Town Council expressly delegates and grants to the Town Manager and/or their designee the authority to review and approve through the administrative process lot line adjustments and minor subdivision plats, as defined by this Code. The authority granted and delegated hereby shall include the authority to execute and file with the office of the County Clerk and Recorder a subdivision plat conforming to the requirements of this Section. The authority granted and delegated hereby is subject to the following conditions and limitations:

(1)

The alteration or creation of legal boundaries for five (5) or fewer lots, blocks, tracts, and/or outlots;

(2)

The resulting lots can be served by municipal services through existing public improvements or through the construction of public improvements;

(3)

The resulting lots meet the minimum lot size requirements of the zone district in which the lots are located;

(4)

The lot line adjustment or minor subdivision is not being utilized to circumvent the regular process of review or other provisions of the subdivision design standards, particularly as it pertains to the number of lots created by the process itself, the impacts of the development or improvements, or in conjunction with other lot line adjustment or minor subdivision applications;

(5)

The establishment of land as a condominium common interest community, as defined in the Condominium Ownership Act, or the Colorado Common Interest Ownership Act, as appropriate; and

(6)

The establishment of zero lot line townhouse and small lot detached developments, as defined in this Code, and that do not exceed five (5) acres in aggregate size or involves the creation and dedication of any public rights-of-way to the Town.

(b)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum the following items, unless waived by Town Staff:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written letter of intent for the requested minor subdivision.

(3)

Property documentation and proof of ownership, in a form acceptable to the Town. Proof of ownership shall be current as of thirty (30) calendar days from the time of application submittal.

(4)

A minor subdivision plat meeting the requirements of this Code. The plat shall comply with the Town's minimum standards, as may be amended, including, but not limited to the following:

a.

The plat shall be prepared by or under the direct supervision of a registered land surveyor, shall be signed and stamped by said surveyor and shall meet applicable state requirements.

b.

Except for parcels separated by public rights-of-way, public tracts or railroads, parcels not contiguous with each other shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

c.

Lengths shall be shown to the nearest hundredth of a foot, and bearings shall be shown in degrees, minutes and seconds.

d.

The perimeter survey description of the proposed subdivision shall include at least one (1) tie to an existing Section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).

e.

Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.

f.

Names and signatures of all owners of equitable interest in the property shall be on the plat and shall be made in black drawing ink.

(5)

Engineering reports and studies, as appropriate and as requested by the Town, which may include drainage, utility, and soils/geotechnical reports prepared by a registered professional engineer and meeting all applicable engineering standards and specifications adopted by the Town.

(6)

Supporting materials as determined by the Town.

(c)

Review criteria. The Town Manager and/or their designee shall approve a lot line adjustment or minor subdivision plat if it meets the following criteria, as applicable:

(1)

The minor plat or lot line adjustment complies with all applicable use, development, and design standards set forth in this Code;

(2)

The minor plat or lot line adjustment is consistent with the terms and conditions of any previously approved development plan;

(3)

Existing or proposed utility facilities and services within the service area for the proposed subdivision are currently or will be adequate to meet the expected impact on and use of utility facilities and services by all possible uses of the proposed subdivision, and such uses will not compromise the overall operation of the applicable Town utility enterprise or other utility service provider or the quality of service to be provided to existing customers of the applicable Town utility enterprise or other utility service provider; and

(4)

The plat will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated.

(d)

Review procedures. In addition to the specific review procedures required in accordance with the general procedures Section of this Code, the following specific procedures apply to minor subdivision applications:

(1)

The Town Manager and/or their designee shall review each application relative to the applicable approval criteria.

(2)

If the Town Manager and/or their designee determine at any point in the process that the application is no longer eligible to continue or does not meet the criteria as a minor subdivision, they may deny the application or allow the applicant to reclassify as a preliminary subdivision according to additional required information or fees.

(3)

All construction plans for subdivision-related public improvements shall be referred to the Town and appropriate referral agencies for review and approval.

(4)

After staff and referral agency review, and any necessary resubmittals to address all outstanding review comments, the Town Manager and/or their designee shall act to approve, approve with conditions, or deny the lot line adjustment application or proposed minor subdivision plat. The Town Manager and/or their designee shall make a final decision on the lot line adjustment plat or minor subdivision plat.

(e)

Effect of decision. If approved, the Town shall have the signed plat recorded with the County Clerk and Recorder.

(1)

A recorded minor subdivision plat shall create a vested property right for two (2) years as specified in the vested property rights Section of this Code, unless otherwise specified in a fully executed agreement.

(2)

If no activity occurs within the two-year timeframe, the minor subdivision plat shall be deemed expired.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The Town Manager and/or their designee may approve and record minor amendments to approved plats without requiring a plat vacation. These amended plats will supersede the original. Approval may be granted by receiving a signed application and the amendment serving one (1) of the following purposes:

(1)

Correct an error in a course or distance shown on the preceding plat;

(2)

Add a course or distance that was omitted on the preceding plat;

(3)

Correct an error in a real property description shown on the preceding plat;

(4)

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

(5)

Correct an error in courses and distances of lot lines between two (2) adjacent lots if the following are met:

a.

Both lot owners join in the application for amending the plat;

b.

Neither lot is abolished;

c.

The amendment does not attempt to remove recorded covenants or restrictions; and

d.

The amendment does not have a material adverse effect on the property rights of the owners of the plat.

(6)

Relocate a lot line to eliminate an inadvertent encroachment of a building, structure, or other improvement on a lot line or easement; or

(7)

Relocate or remove one (1) or more lot lines between one (1) or more adjacent lots if all the following have been met.

a.

The owners of all lots join in the application for amending the plat;

b.

Lots must be combined so that no lot is created as a nonconforming lot, and no existing nonconforming lot remains; and

(8)

The amendment does not attempt to remove recorded covenants or restrictions.

(9)

Add one (1) lot line between two (2) adjacent lots if, at the Town Manager's and/or their designee's discretion, the lot line does not alter the character of the subdivision nor adversely affect the functions of transportation, utilities, drainage, and other services and providers.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The purpose of the major subdivision review process is to ensure compliance with the subdivision standards and requirements set forth in this Code, while encouraging quality development generally consistent with the goals, policies, and objectives found in the Town's Comprehensive Plan.

(b)

Applicability.

(1)

General. The procedures of this Section, and the standards and requirements set forth in this Code, shall apply to all that are not lot line adjustments or minor subdivisions, including subdivisions or re-subdivisions created by an exercise of the power of eminent domain by an agency of the state or Town, unless specifically excluded by state statute.

(2)

Subdivision approval is a prerequisite to other approvals. Except with respect to property which is platted as a lot or part of a subdivision approved in accordance with the provisions of this Code (or prior law, if applicable), no building permit or certificate of occupancy shall be issued for any of the following and no person shall perform any of the following:

a.

Construction of any new principal building or structure;

b.

Enlargement of any principal building used for nonresidential purposes by more than twenty-five percent (25%) of the existing floor area of such building; or

c.

An act which changes the use of any building.

(c)

Restriction on sale or transfer of subdivided land without an approved plat. Any person who transfers or sells any land located within the Town by reference to a plat that has not been approved by the Town and recorded by Weld County shall be guilty of a violation of this Code. The Town also may enjoin such transfer or sale by filing an action for an injunction.

(d)

Construction work. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat; however, the subdivider may undertake certain ground excavations for grading and drainage purposes if the Town issues proper permits, at the subdivider's risk.

(e)

Public improvements. Subdivisions may require on-site and off-site improvements or contributions to off-site improvements to ensure the proposed development will be served by adequate water, sewer, and storm drainage facilities. Necessary improvements shall be required as a condition of approval. Applicants shall be required to pay for and construct all on-site and off-site public improvements and common facilities that are required to adequately serve the proposed development or are deemed necessary to address the impact caused by the proposed development. Payment for and construction of such on-site and off-site public improvements and common facilities shall be a condition of the approval of a final plat. Dedications, agreements, and construction standards are found in Article 4 of this Code.

(f)

Subdivision agreement. The public improvements and common facilities required to be paid for and constructed as part of the proposed development shall be governed by a separate agreement pursuant to Article 4 of this Code. The Mayor or other authorized Town representative shall sign any related subdivision agreement.

(g)

Improvements guarantee. The subdivider shall provide any required guarantee to the Town prior to the recording of the final plat unless otherwise authorized by the Town Council. Improvement guarantees shall be in a form specified and subject to the requirements and conditions detailed within Article 4 of this Code, the Town's adopted standards and specifications, and the approved and executed agreement.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The preliminary plat application is the first step in the major subdivision process, followed by the final plat application as outlined in this Code. The preliminary subdivision process provides a detailed planning review of development patterns, street networks, block and lot layout, and preliminary engineering for future development prior to the preparation of detailed construction and engineering plans.

(b)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum the following items, unless waived by Town Staff:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written letter of intent for the requested preliminary subdivision plat and documentation addressing compliance with the Town's adopted plans.

(3)

Property documentation and proof of ownership, in a form acceptable to the Town. Proof of ownership shall be current as of thirty (30) calendar days from the time of application submittal.

(4)

A preliminary plat meeting the requirements of this Code. The preliminary plat shall comply with the Town's minimum standards, as may be amended, including, but not limited to the following:

a.

The plat shall be prepared by or under the direct supervision of a registered land surveyor, shall be signed and stamped by said surveyor and shall meet applicable state requirements.

b.

Except for parcels separated by public rights-of-way, public tracts or railroads, parcels not contiguous with each other shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

c.

Lengths shall be shown to the nearest hundredth of a foot, and bearings shall be shown in degrees, minutes and seconds.

d.

The perimeter survey description of the proposed subdivision shall include at least one (1) tie to an existing Section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).

e.

Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.

f.

Names and signatures of all owners of equitable interest in the property shall be on the plat and shall be made in black drawing ink.

(5)

Preliminary subdivision engineering and technical reports and studies, as required and requested by the Town (see final plat submittal requirements), including but not limited to the following items.

a.

Preliminary water, non-potable, sanitary sewer, and drainage analysis and reports.

b.

Preliminary grading and drainage plans following the Town's adopted specifications, or as directed by the Town Engineer.

c.

Preliminary water, non-potable, and sanitary sewer plans following the Town's adopted specifications, or as directed by the Town Engineer.

d.

Additional studies and reports may be required based upon the unique requirements or needs of the Town to review the proposal adequately.

(6)

Preliminary landscape and open space plan that addresses treatment of all exterior spaces. See the final plat submittal requirements for a breakdown of the required landscape plan details.

(c)

Review criteria. A preliminary plat for a subdivision shall be reviewed according to the following criteria:

(1)

Master plan compliance. The subdivision furthers the following planning objectives:

a.

The proposal promotes the Town's adopted plans, goals, and policies;

b.

Proposed residential development adds diversity to the Town's housing supply;

c.

Proposed commercial development will benefit the Town's economic base;

d.

Parks and open space are incorporated into the site design;

e.

The proposed project protects the Town's environmental quality; and

f.

The development enhances cultural, historical, educational, and/or human service opportunities.

(2)

The proposed land uses within the subdivision conform with the existing or proposed zoning.

(3)

The subdivision complies with all applicable use, development, and design standards set forth in this Code that have not otherwise been modified or waived pursuant to this Code.

(4)

Mitigated impacts and no creation of burden. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated. The subdivision will not create lots that are undevelopable or that are burdened with costs that would preclude development from occurring on other property.

(5)

Grading and drainage. The preliminary grading and drainage plan and report:

a.

Indicates the stormwater management facility design for the proposed development adequately addresses all stormwater management and stormwater impacts anticipated to result from the proposed development (whether on-site or off-site);

b.

Indicates that the proposed stormwater management facility design has considered the drainage basin as a whole and maintains the historic drainage path within the basin;

c.

Indicates that the proposed stormwater management facility design can safely convey stormwater runoff to an adequate storm drainage system and accessible point of disposal with sufficient system capacity to carry not only the necessary flow of the proposed development but also, where applicable, the runoff from those areas adjacent to and upstream from the proposed development itself, without overflowing downstream channels and existing storm drainage facilities or causing damage to downstream properties; and

d.

Demonstrates that stormwater runoff from the proposed development will not conflict with other land uses or negatively impact lands downstream, nor will it impair or disrupt any existing floodways and/or floodplains, both on and adjacent to the site or the functioning of other utility systems, both on and adjacent to the site.

(6)

Water resources. The preliminary water and sewer plan and study:

a.

Indicates the proposed water, non-potable and sewer systems for the proposed development can be feasibly connected to the applicable Town utility enterprise system or other utility service provider's utility system;

b.

Indicates the proposed water, non-potable and sewer systems for the proposed development conform to the Town's water, sewer, and/or non-potable water master plans, where applicable; and

c.

Confirms that there will be adequate resources, facilities, and utility systems to adequately support and serve the proposed development together with existing development and development which is probable of connecting to the applicable Town utility system (e.g., legal buildable lots in approved subdivisions for which building permits have not been issued).

d.

The amount of unused capacity of existing utility facilities and services, including without limitation, water, non-potable water, sanitary sewer, presently available to serve the proposed development, while maintaining sufficient and acceptable levels of service to existing development and development which is reasonably probable of connecting to the applicable Town utility system (e.g., legal buildable lots in approved subdivisions for which building permits have not been issued). The Town Engineer shall be responsible for completing and presenting a capacity assessment for the proposed development to the decision-maker, and the applicant shall be furnished a copy of such assessment in advance;

e.

The recommendations of the Town Engineer and/or other agencies, together with any supporting analysis or other information presented, regarding the available capacity of the water, non-potable water, sanitary sewer, and storm drainage utility systems that will be impacted by the proposed development, and whether existing utility facilities and services are presently available to, and adequate to serve, the proposed subdivision;

(7)

Other utility capacity. Existing or proposed utility facilities and services within the service area for the proposed subdivision are currently or will be adequate to meet the expected impact on and use of utility facilities and services by all possible uses of the proposed subdivision, and such uses will not compromise the overall operation of the applicable Town utility enterprise or other utility service provider or the quality of service to be provided to existing customers of the applicable Town utility enterprise or other utility service provider.

(8)

Transportation. The transportation designs are adequate and meet the standards set by the Severance Transportation Master Plan and the Severance Construction Standards given existing and planned capacities of the Town's municipal street system.

(9)

Easements. The transfer or dedication of easements or land needed for the construction and maintenance of utility system improvements.

(10)

Phasing. As applicable, the proposed phasing plan for development of the subdivision is rational in terms of available infrastructure capacity.

(d)

Review procedures. Review of the preliminary plat shall follow the general procedures in Division 1 of this Article.

(e)

Effect of decision. Approval of the preliminary plat does not constitute approval of the final plat. The preliminary plat shall not be recorded and shall not be used for the purpose of selling or transferring interests in real estate, which is a violation of state statute per Section 31-23-216, C.R.S.

(1)

Approval of a preliminary plat shall be effective for two (2) years.

(2)

Extensions. The Town Council may, at the request of the applicant, extend its approval by an additional year without the submission of a new preliminary plat, provided no development or change in requirements has occurred that would affect the proposed subdivision. No extensions of approval shall be granted more than once. Extension of a preliminary subdivision approval is at the discretion of the Town Council.

a.

An approved preliminary plat shall lapse and be of no further force and effect if a complete final plat application for the subdivision or a phase of the subdivision has not been submitted within two (2) years after the approval date of the preliminary plat or within the Town Council approved extension period.

(3)

Phased final plats. In the case of partial final plat submission or subsequent partial final plat submissions, the approval of the remaining portion of the preliminary plat shall automatically gain an extension of one (1) year with each final plat filing.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The purpose of a final plat review is to ensure that a proposed subdivision complies with this Code, the regulations of affected utility providers and the approved preliminary plat, while accurately depicting property boundaries, easements, and infrastructure; to provide a process to review the construction of public improvements; and ultimately for safeguarding the public health, safety, and welfare in the development. Review of the subdivision prior to recording the final plat ensures proper final engineering subdivision design and legal requirements to accurately represent real estate interests. The final plat is used for dedication of land required for public use.

(b)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum, unless waived by Town Staff.

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written letter of intent for the requested final plat.

(3)

Property documentation and proof of ownership, in a form acceptable to the Town. Proof of ownership shall be current as of thirty (30) calendar days from the time of application submittal.

(4)

A final plat meeting the requirements of this Code. The final plat shall comply with the Town's minimum standards as may be amended, including but not limited to the following:

a.

The plat shall be prepared by or under the direct supervision of a registered land surveyor, shall be signed and stamped by said surveyor and shall meet applicable state requirements.

b.

Except for parcels separated by public rights-of-way, public tracts or railroads, parcels not contiguous with each other shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

c.

Lengths shall be shown to the nearest hundredth of a foot, and bearings shall be shown in degrees, minutes, and seconds.

d.

The perimeter survey description of the proposed plat shall include at least one (1) tie to an existing Section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).

e.

Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.

f.

Names and signatures of all owners of equitable interest in the property shall be on the plat and shall be made in black drawing ink.

(5)

Final plat engineering and technical reports and studies, as required and requested by the Town, including but not limited to the following items:

a.

Final water report including hydraulic analysis and pipe sizing calculations.

b.

Final sanitary sewer report including hydraulic analysis and pipe sizing calculations.

c.

Sewage collection and water supply distribution plans, profiles, and specifications prepared by a registered professional engineer and shall be accompanied by written approvals from the applicable water and sanitation district.

d.

Final drainage plans and reports to be submitted in accordance with the adopted drainage and design criteria as amended, or as the Town may approve. The plan and report must provide the following unless waived by the Town.

1.

Cross-sections of each water carrier showing high water elevations for 100-year runoff and adjacent features that may be affected thereby.

2.

Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, Larimer County and Weld County, ditch companies).

3.

Supporting calculations for runoffs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.

4.

Erosion control plans when required.

5.

Sizing of all pipes, inlets, conveyance ways and other appurtenances.

e.

Final grading plan that illustrates existing and proposed contours and lot and block grading details.

f.

Soils report that details pavement design and construction requirements and shall be submitted after overlot grading is complete.

(6)

Final landscape and open space plan that addresses treatment of all exterior spaces. Landscape plans are to be designed to meet the requirements of this Code and show trees, shrubs, groundcovers, turf, buffering, fences, walls, and other site amenities that will be included in the plan. All plant materials must be adapted to the physical limitations of the local climate and specific conditions of the landscape plan.

a.

All plant materials must meet specifications of the American Association of Nurseryman for Number One grade.

b.

All street trees must be selected from the Town's recommended tree list.

c.

Landscape plans shall include the minimum requirements as established in this Code.

(7)

Construction plans and profiles. The plans and profiles shall be prepared by a registered professional engineer licensed in the State of Colorado and provide the following information, in addition to the development and design requirements of this Code.

a.

The horizontal to vertical scales shall be chosen to best depict the aspects of the design. The minimum horizontal scale is to be one-inch equals one hundred (100) feet. The minimum vertical scale is to be one-inch equals ten (10) feet.

b.

The typical road geometric and structural cross section is to be shown on each plan sheet.

c.

The plan must show right-of-way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic-control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii and all other features to enable construction in accordance with approved standards and standard engineering practice. Stationing may be centerline if approved by the Town.

d.

Plans shall include water lines and appurtenances, sewer lines and appurtenances, stormwater lines and appurtenances and any other wet utilities such as non-potable water systems and irrigation ditches.

e.

The profiles shall include existing and proposed grades at curb and gutter or centerline of street elevation at point of intersection of vertical curves, intersections, grade breaks, point of curb return, point of reverse curve and other critical points, structures and all other features required to enable construction in accordance with the standards adopted by this Code.

f.

Signature blocks for all utility providers shall be included unless otherwise provided in agreement form.

g.

Structure details. Sufficient data shall be given to construction of major structures and road appurtenances, such as bridges, culverts, gutters, drives, walks, cross pans, etc. Details shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc., or as the Town may approve.

(c)

Review criteria. The final plat of a subdivision shall be reviewed according to the following criteria:

(1)

The final plat is in substantial conformance with the approved preliminary plat and incorporates all recommended changes, modifications, and conditions attached thereto.

(2)

All applicable technical standards, including the provision of water of sufficient amount and quality have been met.

(3)

Plans and specifications for improvements connected with development of the subdivision comply with the subdivision development and design standards set forth in this Code, and any other relevant Town, County, state, or federal regulations, except to the extent modifications, variances, or exceptions have been expressly permitted by the terms of the preliminary plat approval.

(4)

All construction plans for public improvements have been approved by the Town prior to the Town Council action on the final plat, unless otherwise agreed to by the Town.

(5)

The applicant has either installed all required public improvements or has executed a subdivision agreement.

(6)

The applicant has paid or satisfied all applicable fees and charges.

(d)

Review procedures. In addition to the specific review procedures required in accordance with the general procedures section of this Code, the following specific regulations apply to final plat applications.

(1)

Concurrent review. The applicant may proceed with the preparation of the final plat and other documents to be submitted with the application simultaneously with, or following approval of, the preliminary plat at the risk of the subdivider. No final action shall be taken on a final plat until the corresponding preliminary plat has been approved and, if applicable, associated approval conditions have been satisfied.

(2)

The Town Council shall review at a public meeting and make a final decision on the final plat. The Town Council has final authority to approve, approve with conditions, or disapprove of the final plat, accept the dedications, and to enter into and authorize the execution of an agreement associated with the final plat.

(3)

Final plats that are different from approved preliminary plats. If there are significant changes on the final plat from the form of the approved preliminary plat, the final plat submittal shall require review and approval in the same manner as the preliminary plat (i.e., hearings before the Planning Commission and the Town Council). Significant changes include, but are not limited to, modifications of street patterns, lot layout, drainage ways, grading, density, utility systems, or public improvements. The Town Manager and/or their designee shall review the final plat changes to determine the conformance to the preliminary plat and shall determine if the changes are sufficiently significant to require a new preliminary plat submittal. The subdivider may appeal the Town Manager's and/or their designee's decision to the Planning Commission within fourteen (14) days of the decision.

(e)

Effect of decision. Within sixty (60) days of the Town Council's approval of a final plat, which shall have all permitted modifications, waivers, or variances expressly noted thereon, the applicant shall provide to the Town one (1) fully executed copy of the approved final plat, along with such other documents and fees as may be required by the Town Council or this Code. The Mayor and other authorized Town representatives shall sign the final plat. The Town shall then record the final plat and any signed subdivision agreement in the office of the Weld County Clerk and Recorder. The applicant shall pay all required recording fees.

(1)

The time provided for in this Section for submitting the final plat may be extended for an additional sixty (60) days by the Town Manager and/or their designee upon written request and a showing of good cause. The Town Council's approval of any final plat shall be void if the applicant fails to comply with the timing requirements of this Section.

(2)

Effective approval and lapses. The final plat shall be effective for a period of two (2) years from the date of approval unless stated otherwise in the written final plat approval. Progress must be made on the subdivision or any phase thereof before the end of two (2) years or the final plat shall become expired and be null and void. For multi-phased plans, following completion of a phase, the two-year clock begins again. The Town Council may grant a one-time extension for a maximum of one (1) year upon written request and justification of the applicant, prior to expiration of the final plat.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The purpose of the site plan review process is to show how the proposed site layout will be developed in compliance with the development and design standards and regulations of this Code, and to encourage quality development reflective of the goals, policies, and objectives of the Town's Comprehensive Plan. For land uses requiring a site plan review, such uses may be established in the Town, and building permits may be issued, only after a site plan showing the proposed development has been approved in accordance with the procedures and requirements of this Section. Approval of a site plan pursuant to this Section shall not constitute a "vested property right" to develop the property in accordance with the approved plan as "vested property right" is defined in Sections 24-68-101 et seq., C.R.S., or otherwise, unless the Town Council take specific action, in accordance with the provisions of this Code.

(b)

Applicability. A site plan shall be required for the following instances.

(1)

All development, including additions, in all zone districts except for single-family or duplex residential dwelling uses;

(2)

Establishment of a use by special review; or

(3)

Any change of use from one (1) primary use classification to another (i.e., a residential use to a commercial use).

(c)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum, unless waived by Town Staff the following items:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written letter of intent for the requested site plan proposal.

(3)

Property documentation and proof of ownership, in a form acceptable to the Town. Proof of ownership shall be current as of thirty (30) calendar days from the time of application submittal.

(4)

A site plan drawing that generally includes a cover page, existing conditions, proposed site improvements and site details, grading, utilities, landscaping, architectural elevations and details, a lighting plan, and site and building signage details, as appropriate based on the proposal.

(5)

Engineering reports and studies, as appropriate and as requested by the Town, which may include drainage, utility, and soils/geotechnical reports, and a traffic study prepared by a registered professional engineer and meeting all applicable engineering standards and specifications adopted by the Town.

(6)

Supporting materials as determined by the Town:

(d)

Review criteria. The site plan shall be reviewed according to the following criteria.

(1)

The site plan is consistent with the Town's Comprehensive Plan.

(2)

The site plan is consistent with any previously approved subdivision plat, or any other precedent plan or land use approval as applicable.

(3)

No buildings or structures infringe on any easements to impact the full use and enjoyment of the easement.

(4)

The proposed site grading is consistent with the requirements of adopted storm drainage criteria or master drainage plans.

(5)

The site plan conforms to all applicable development, density, and design standards of this Code.

(6)

The drainage and utility plans and studies confirm that there will be adequate resources, facilities, and utility systems to adequately support and serve the proposed development together with existing development and development which is reasonably probable of connecting to the applicable Town utility system (i.e., legal buildable lots in approved subdivisions for which building permits have not been issued).

(7)

The recommendations of the Town Engineer and/or other agencies, together with any supporting analysis or other information presented, regarding the available capacity of the water, non-potable water, sewer, and storm drainage utility systems that will be impacted by the proposed development, and whether existing utility facilities and services are presently available to, and adequate to serve, the proposed development. The following shall be included in the consideration:

a.

Buildings under construction that will be connected;

b.

Buildings required to connect, but not yet connected to the utility;

c.

Legal buildable lots in approved subdivisions for which building permits have not been issued;

d.

Other proposed subdivisions that have received final plat stage approval and have paid all applicable water and wastewater utility fees;

e.

Access to and movement through the site are consistent with any applicable plans and standards adopted by the Town, such as the transportation master plan, highway corridor, or access control plan.

(8)

Any significant, adverse impacts anticipated from the proposed development will be mitigated or offset to the maximum extent reasonably practicable.

(9)

As applicable, the proposed phasing plan for the development is rational in terms of available infrastructure capacity.

(e)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to site plan and site plan amendment applications.

(1)

Requests for alternative compliance or a variance from the criteria of this Code shall be processed concurrently with the site plan review but are subject to additional review, application fees as established by the Town, and adopted application submittal requirements.

(2)

The Town may require the applicant to execute a development agreement to ensure the completion of all on-site and off-site public improvements as shown on the site plan drawings and identified in accompanying technical reports and studies to the site plan application.

(3)

Following review by staff and referral agencies, and any necessary resubmittal(s), the Town shall schedule review of the site plan request by the Planning Commission and Town Council.

(4)

The Planning Commission shall review the site plan and forward a recommendation of approval, approval with conditions, or denial to the Town Council.

(5)

Town Council shall review the site plan request and make a final decision on the application taking into consideration the recommendation of the Planning Commission and Town Staff.

(f)

Effect of decision. Approval of the site plan application shall authorize the applicant to apply for a building permit or other construction related permits associated with the project.

(1)

Building permits. A building permit shall be issued after a site plan has been approved and a development agreement in a form approved by the Town Attorney reflecting any additional requirements, if necessary, has been executed. With Town approval, an applicant may submit a building permit application concurrent with the site plan application or during the review process. Building permits shall not be issued for any development that is not in conformance with the approved site plan.

(2)

Certificates of occupancy. Development of the site shall comply with the approved design and all conditions included in the site plan. A certificate of occupancy shall not be issued for a building or structure constructed in violation of an approved site plan.

(3)

Effective approval and lapses. The site plan shall be effective for a period of two (2) years from the date of approval unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than two (2) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than two (2) years from the date of Phase I approval, or as otherwise described in the approved phasing plan and/or executed agreement. The decision-maker may grant a one-time extension for a maximum of one (1) year upon written request of the applicant, prior to expiration of the site plan. The remainder of any unbuilt portion of the site plan at the time of expiration shall be null and void and require new site plan application and approval.

(g)

Public improvements. The decision-maker may condition its approval and require on-site and off-site improvements or contributions to off-site improvements to ensure the proposed development will be served by adequate water, sewer, and storm drainage facilities. These improvements include but are not limited to the following:

(1)

The construction of mains in all public and private streets or utility easements within and adjacent to the proposed development;

(2)

The construction of mains through the development to serve the lots and buildings or structures within the development and to adjacent properties to allow them to connect to and extend the water or sewer system;

(3)

The construction of off-site improvements needed to complete the following.

a.

Connect to the existing system;

b.

Provide the storage and flows needed to meet the level of service standards and the requirements of the water system plan;

c.

Provide collection capacity needed to meet the level of service standards and the anticipated demand from the service area;

d.

Provide the storage and flows needed to meet the water demands generated by the proposed development; or

e.

Provide the storage and flows needed to supply the fire flows needed to serve the development.

(4)

The construction of pressure-reducing valves and similar appurtenances to provide pressure zone separation in the distribution system;

(5)

The construction of lift and/or pump stations needed to serve the development if it is in a special pressure zone or because of topographical considerations. This will only be required or allowed in accordance with designated permanent lift and/or pump stations listed or shown in the current water system plan or sewer system plan;

(6)

The construction of replacements or improvements to existing facilities to maintain an established level of service for sanitary sewage discharge from the service area or for water system demand and fire flow to the development;

(7)

The construction of replacements or improvements to existing off-site facilities to the extent that the new development would cause the level of service for existing customers to drop below existing standards; or

(8)

The transfer or dedication of easements or land needed for the construction and maintenance of utility system improvements.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Minor site plan amendments. The following minor amendments to approved site plans may be reviewed and approved administratively by Town Staff.

(1)

Changes in drives, parking, and sidewalks, if such changes further the intent of the site plan and this Code.

(2)

Changes in building height, setbacks, or similar provisions relating to the location of structures, site improvements, or open space areas or other measurable standards, necessitated by engineering or other unforeseen difficulties, of ten percent (10%) or less, provided that the underlying zone district dimensional standards are met.

(3)

Changes to exterior building materials, architectural elements, landscaping, sign placement, lighting fixtures, utility boxes, equipment, panels, and other similar elements that the Town Manager and/or their designee may determine to be "minor."

(4)

Addition of an accessory structure less than five hundred (500) square feet in size.

(5)

All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.

(b)

Major site plan amendments. Changes to approved site plans that exceed the ten percent (10%) threshold, or other major modifications that the Town Manager and/or their designee determine not to be "minor," shall be considered a major site plan amendment and shall be processed as a new site plan application.

(1)

Major site plan amendments shall require Planning Commission approval or Town Council approval, as applicable, to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in Section 16.2.240 of this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. As a general proposition, a "special use," or "use by special review," is a use allowable within the underlying zone district, but which, because of the possibility that the proposed use could become incompatible in certain respects with other uses within the zone district due to expected adverse effects of the activity, permission through a special review is required before the land may be put to that use. Approval of a use via a special review only represents a determination that an additional use to those permitted will be allowed on a particular site. Accordingly, the purpose of use by special review is not to exclude uses, but to evaluate the proposed use against criteria that are intended to reveal a fact that shows the particular use proposed at the particular location proposed would have an adverse effect unique and different (above and beyond) from those inherently associated with such a use, irrespective of its location, and to determine the need to make, and to permit the government to impose, reasonable or appropriate conditions on the permitted use to alleviate any undue concerns for health or public welfare caused by adverse land effects of the proposed use.

(1)

Additional regulations for certain uses. In addition to the review criteria, procedures, and effects of decisions of this Section, unique regulations and criteria exist for a use by special review application related to Wireless Telecommunication Facilities (Article 7 of this Code), Oil and Gas Drilling and Production Facilities (Article 8 of this Code), and Solar Development Facilities (Article 9 of this Code). It is the applicant's responsibility to review all applicable articles and sections of this Code when preparing their land use application for review by the Town.

(b)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist, shall include at a minimum, unless waived by Town Staff the following items:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written request with justification for the use by special review.

(3)

An illustrative site plan with necessary information to review conformance of any construction with standards of this Code, and to review any performance criteria for the proposal.

(4)

Necessary reports or studies, as appropriate, to support the use by special review request.

(c)

Review criteria. A use by special review shall be reviewed according to the following criteria:

(1)

The proposed use is consistent with the goals and vision of the Comprehensive Plan and other adopted plans and/or policies of the Town as applied to the location of Town proposed in the application.

(2)

The proposed use furthers the intent of the underlying zone district.

(3)

The proposed use is consistent with any applicable use-specific standards set forth in the Code.

(4)

The proposed use will not result in an over-intensive use of land or depletion of natural resources.

(5)

The proposed use will not cause significant air, odor, water, or noise pollution.

(6)

The proposed use will not injure the value of adjoining properties or make surrounding property worth more without the use than with it.

(7)

The proposed use will not require a level of community resources greater than that presently available for the same or similar proposal occurring in another part of the Town.

(8)

Whether facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and streets and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development.

(9)

Whether a limited approval timeframe for the requested use is necessary to achieve any of the following:

a.

Limit the duration of the use;

b.

Assess the use against changing conditions in the area; or

c.

Ensure periodic reporting and ongoing enforcement of any approvals.

(d)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to use by special review applications:

(1)

Following review of the request by staff and referral agencies, and any necessary resubmittal(s), the Town Manager and/or their designee shall schedule review of the request by the Planning Commission.

(2)

The Planning Commission shall hold a public hearing and make a recommendation to the Town Council on the use by special review request. The Planning Commission may include conditions on the recommendation to mitigate concerns with the physical development, operations, or maintenance.

(3)

Following the review and recommendation of the Planning Commission, staff will schedule review and final action of the request by the Town Council.

(4)

The Town Council shall hold a public hearing and make a final decision on the use by special review request. The Town Council may include conditions on the approval to mitigate concerns with the physical development, operations, or maintenance.

(5)

Relationship to site plan requirements. If a site plan is necessary for the proposed use by special review, then a site plan application shall be processed concurrently with the use by special review application, as required by the Town. The Planning Commission shall render separate recommendations, and the Town Council render separate decisions on the applications based on the applicable review criteria in this Section 16.2.250 (for the use by special review) and Section 16.2.240 (for the site plan).

(e)

Effect of decision.

(1)

Commencement of use. Approval of a use by special review allows the applicant to use the property as proposed. However, if the property requires development, the applicant shall have a site plan application reviewed and approved by the Town and any building permit or other applicable development or construction permits issued prior to commencement of the approved use.

(2)

Minor changes. The Town Manager and/or their designee may approve minor changes upon meeting each of the following criteria:

a.

The change expands the floor area, height, or other dimensional standards of the original approval by less than ten percent (10%);

b.

There is not a change of use or significant increase in the intensity of the use that could adversely impact adjacent properties;

c.

The change does not exceed the limits or violate any specific conditions of the original approval; and

d.

The change complies with all other provisions of this Code.

(3)

All other proposed changes to the use shall require an amendment to the use by special review through the same procedures and criteria as the original application.

(f)

Lapse. Approval of a use by special review shall lapse and be considered null and void in one (1) of the following situations:

(1)

The use itself, or if permanent construction in conjunction with such use, has not commenced within one (1) year of the approving action, or within the time frame established as a condition of approval of the use by special review. The Town Manager and/or their designee may grant a one-year extension to this time frame that is ratified by the Town Council. This timeframe is distinct from any duration limits, periodic reviews, or renewal periods once the use is established, which may be a condition of approval by the Town; or

(2)

If the use is no longer active or in operation for a period of twelve (12) consecutive months; or

(3)

Upon a change of primary use of the property.

(g)

Revocation. A use by special review may be revoked or amended by the Town Council through the same procedures granting the original use by special review approval, upon a finding that the conditions of approval have not been met, the applicant's noncompliance with any approved site plan or agreement, if applicable, or that the use has otherwise violated the provisions of this Code.

(1)

The Town Manager and/or their designee shall first notify the applicant in writing of the said violation and shall provide the applicant with a 30-day period in which to abate the violation.

(2)

Failure of the applicant to abate cited violations within thirty (30) days shall result in the commencement of a hearing process before the Town Council.

(3)

Upon completion of such review, the Town Council may revoke the use by special review or amend the original approval.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The appeals process allows for the review of a Town Staff decision, as permitted under this Code, to determine if there was an error or abuse of discretion in any order, requirement, permit, decision, determination, refusal, or interpretation made by any Town Staff in interpreting and/or enforcing the provisions of this Code. It is the intention of this Section that all questions arising in connection with the interpretation and enforcement of this Code shall be presented first to the appropriate department, that such questions shall be presented to the Board of Adjustment only on appeal from the decisions of that department, and that recourse from the decision of the Board of Adjustment shall be to the courts. It is further the intention of this Section that the duties of the Town Council in connection with this Code shall not include the hearing or passing upon disputed questions that may arise in connection with the enforcement thereof.

(b)

Submittal requirements. Applicants for an appeal request must submit the following to be deemed a complete appeal request:

(1)

Written notice of the appeal on a form approved by the Town.

(2)

A description and the date of the final order, requirement, decision, or determination being appealed.

(3)

A description of the grounds for the appeal, including specific allegations of error.

(c)

Review criteria. The Board of Adjustment's review shall be limited to consideration only of the record before the decision-maker. The standard of review for such an appeal shall be limited to an "abuse of discretion and/or exceeding authority under this Code." Under this standard, the Board of Adjustment may only overturn the contested action if it finds that the decision-maker abused its exercise of discretion. The Board of Adjustment may use the following evidence in its review of the appeal:

(1)

The technical meaning of the provision being appealed.

(2)

Evidence of the way the provision has been interpreted in the past.

(3)

The positive or negative impact of the requested appeal on the achievement of stated development goals and policies stated by the Town, as outlined in this Code.

(4)

The intent of the provision in implementing the Comprehensive Plan and other adopted plans and/or policies of the Town.

(d)

Review procedures. Appeal requests shall be filed in writing with the Town no later than fifteen (15) days from the date of the order, requirement, decision, or determination being appealed. Failure to make a timely and complete appeal request shall be considered a waiver of the appellant's rights to appeal to the Town's Board of Adjustment.

(1)

An appeal to the Board of Adjustment may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal, or by the Town Manager and/or their designee, on behalf of the Town.

(2)

Appeals must be filed with the Town Clerk.

(3)

Applicants for an appeal request must submit the following to be deemed a complete appeal request:

a.

Written notice of the appeal on a form approved by the Town.

b.

A description and the date of the final order, requirement, decision, or determination being appealed.

c.

A description of the grounds for the appeal, including specific allegations of error.

(4)

An appeal halts all proceedings in furtherance of the order, requirement, decision, or determination appealed from unless the Town certifies that it could cause imminent peril to life or property.

(5)

Once the appeal is determined to be complete, the Town Manager and/or their designee shall schedule review and action by the Board of Adjustment.

(6)

The Board of Adjustment shall complete its review at a public meeting and render its decision, by majority vote, to uphold or deny the decision on the item or contested action being appealed within thirty (30) days of the filing of the request for an appeal.

(7)

The Board of Adjustment will have available to it the entire record of the contested action that was presented to or conducted before the applicable decision-maker.

a.

While the Board of Adjustment will not be considering any new evidence or information, the appellant has submitted an appeal request containing written argument, and the appellant will have an opportunity to submit arguments orally to the Board of Adjustment regarding its position in the appeal.

b.

The chair may place reasonable restrictions on such arguments, but the decision to place any such limits or specific parameters on the conduct of the proceeding is entirely up to the chair. For example, the chair may limit the length of time for appellant's initial oral argument to thirty (30) minutes as well as limit the length of time for the Board of Adjustment's questioning of the appellant to thirty (30) minutes.

c.

An appellant shall be notified in writing of any such limitations in advance. Furthermore, an appellant shall be given an opportunity to reserve any portion of their time allotted for initial oral argument for use during the period of Board of Adjustment questioning or to make final statements after Board of Adjustment questioning (for example, the appellant may only want to use ten (10) of their thirty (30) minutes to make their initial arguments, and reserve ten (10) of the remaining twenty (20) minutes for use to address questions and ten (10) minutes for their final statement to the Board after addressing Board questions).

d.

Finally, the appellant shall be entitled to make a closing argument before Board deliberation.

(8)

Following the oral argument before the Board, the Board of Adjustment will deliberate and render a decision on the appeal request.

(e)

Effect of decision. The Board of Adjustment's decision shall be final and appealable. Appeals from decisions made by the Board of Adjustment shall be to the courts pursuant to the applicable Colorado Rules of Civil Procedure.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The variance process is intended to provide limited relief from the requirements of this Code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise permitted under this Code. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Code may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Code render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested.

(b)

Eligibility.

(1)

Variances may only be issued for the following dimensional standards:

a.

Setbacks (primary and accessory structures);

b.

Lot frontage;

c.

Lot coverage;

d.

Building height (primary and accessory structures);

e.

Sign area or height; and

f.

Parking.

(2)

No variance shall be granted to permit a use of land not otherwise permitted in the applicable zone district.

(3)

A lot width or area variance associated with a subdivision will be considered as part of the subdivision process, except that no minor subdivision plat shall be processed by the Town if it involves a lot width or area variance.

(4)

No variance shall be granted to increase the size or height of signs by more than ten percent (10%) above the requirements and limitations of this Code.

(5)

No variance shall be granted to decrease the amount of parking required by more than ten percent (10%) below the requirements of this Code.

(6)

No variance shall be granted to change either of the following:

a.

A condition attached to an approved rezoning or special use;

b.

A condition attached to an approved site plan; or

c.

A condition attached to an approved final plat.

(7)

The Board of Adjustment may not change or alter this Code or change the zoning district map of the Town.

(c)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist shall include at a minimum, unless waived by Town Staff, the following items:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written justification of the requested variance and identified hardship in meeting the requirements of this Code.

(3)

A comparison of the requested variance against the existing criteria of this Code.

(4)

Supporting images and details that illustrate the requested variance and site details.

(d)

Review criteria. The Board of Adjustment may approve a variance only if it finds that there is an exceptional and undue hardship, whereby the application falls within any one (1) of the categories set forth in paragraphs (1), (2) or (3) of this Subsection below, and the application satisfies any one (1) of the criteria of paragraphs (4) through (7) of this Subsection below.

(1)

Disability. There is a disability affecting the owners or tenants of the property or any member of the family of an owner or tenant who resides on the property, which impairs the ability of the disabled person to utilize or access the property.

(2)

Unusual conditions. There are unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness, or shallowness of the lot; or exceptional topographical or other physical conditions, unique to the affected property.

(3)

Compatibility. The property could be developed in conformity with the provisions of this Chapter, but the proposed variance will result in a building or structure form that is reasonable, customary, and consistent with or more compatible, in terms of building height, siting, and design elements, with the existing neighborhood in which the subject property is located.

(4)

Hardship.

a.

Without the variance, there is no reasonable use of the property;

b.

Strict compliance prevents improvement of the property in a manner which is reasonable, customary, and consistent with other properties in the area;

c.

Strict compliance would require significant or unjustified expense considering the scope of the project, or would result in destruction or demolition of all or a portion of the existing building, structure, or other attractive features of the property; or

d.

If the variance is denied, the development or use of the property cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same zoning district; provided, however, that loss of a more convenient or profitable use of property, or similar financial advantage, that similar variances have been granted elsewhere, or the fact that a more profitable use of the property might be had if a variance were granted are not grounds for a variance.

(5)

Exceptional hardship.

a.

The hardship is one suffered by the applicant alone and not by neighbors or the public; or

b.

The hardship is unique and unusual, rather than one shared by many surrounding properties.

(6)

Undue hardship.

a.

The hardship is not the result of the applicant's own actions; or

b.

The hardship is the result of predecessors in interest of the property, which could not have been foreseen to create difficulty in complying with the ordinance for future improvements.

(7)

Degree of requested variance.

a.

The requested variance is the minimum that will afford relief and the least possible modification of the requirements of the zoning code; or

b.

The variance will neither result in the extension of a nonconforming situation, nor authorize the initiation of a nonconforming use of land, nor conflict with the goals and policies of the Comprehensive Plan and this Code; or

c.

Corrective measures can be imposed upon the variance request to mitigate or to protect neighboring properties against the anticipated, expected impacts or adverse effects of the variance.

(e)

Review procedures.

(1)

A request for variance may be initiated only by the property owner or their authorized representative.

(2)

A complete application shall include the following minimum requirements:

a.

A written request with the relief sought, together with the justification for the variance request, specifying the facts or circumstances that are alleged to show that the application meets the approval criteria.

b.

A conceptual site plan or plot plan with necessary information to review the request in relation to existing site conditions and the criteria of this Code.

(3)

A variance request shall be processed prior to or concurrently with a site plan application, as required by the Town.

(4)

Following the review of the request by staff and necessary referral agencies, and any necessary resubmittal(s), the Town shall schedule review by the BOA.

(5)

The Board shall conduct a public hearing on the proposed variance.

(6)

Approval by a majority of the Board present shall be necessary to grant a variance.

(7)

The Board may impose conditions or unique requirements that best assure the criteria for approval are in place and maintained by the applicant, or to mitigate anticipated impacts of the variance, and that any violation of these conditions shall be considered a violation of an approval.

(f)

Effect of decision. Upon determination of a variance, the findings of approval or denial shall be by resolution with the justifications set forth. Upon approval, the applicant may proceed with the next steps in the process including but not limited to a site plan or building permit application. Appeals from decisions made by the Board of Adjustment shall be to the courts pursuant to the applicable Colorado Rules of Civil Procedure.

(g)

Lapse. An approved variance shall become null and void in any one (1) of the following instances:

(1)

If the variance is not exercised (i.e., a building permit is obtained or substantial construction commenced) within one hundred and eighty (180) days of the date it is granted;

(2)

If the approval or conditions of approval of the variance are violated;

(3)

If the Town Manager and/or their designee finds that redevelopment or modification of the subject property makes compliance with this Code possible without the previously approved variance; or

(4)

If the Town Manager and/or their designee finds that the alleged hardship or difficulty upon which the variance is based has been eliminated.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The administrative adjustment process permits adjustments to certain provisions of this Code otherwise applicable to a property pursuant to the procedures in this Section. Administrative adjustments, comprised of two (2) types, alternative compliance and minor modifications, may authorize minor changes to pending applications, or to approved plans and permits, and relief from specified standards as stated in this Section.

(1)

Alternative compliance requests are intended to relieve unnecessary hardship in complying with the strict letter of this Code, and to promote context-sensitive development, which are minor deviations from otherwise applicable standards that may be approved by the Town Manager and/or their designee. Alternative compliance requests are to be used when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal variance process. They are not intended to relieve specific cases of financial hardship, nor to allow circumventing the intent of this Code and its standards.

(2)

Minor modifications are intended to ensure compliance with federal law.

(b)

Eligibility.

(1)

Alternative compliance requests to relieve unnecessary hardship. As part of the review and approval of any procedure set forth in this Code, the Town Manager and/or their designee may approve adjustments of up to a maximum of five percent (5%) from sign height or area and up to a maximum of ten percent (10%) from the following general development and zoning district standards, provided that the applicable approval criteria listed below are met.

a.

Minimum lot area, coverage, and frontage requirements;

b.

Setback, parking, and building height requirements;

c.

Subdivision design and improvements standards; and

d.

Any other quantitative development standards set forth in this Code.

(2)

Minor modifications to ensure compliance with federal law.

a.

Compliance with Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

1.

The Town Manager and/or their designee may grant minor modifications to any use, building form, or design standard or any other provision stated in this Code to eliminate a substantial burden on religious exercise as guaranteed by the RLUIPA, as amended.

2.

In no circumstance shall the Town Manager and/or their designee approve an adjustment that allows a religious assembly use or any uses, structures, or activities accessory to it, in a zone district where this Code prohibits such use or accessory use, structure, or activity.

3.

In granting an administrative adjustment, the Town Manager and/or their designee may require conditions that will secure the objectives of the modified standard and that will mitigate any potential adverse impact on the environment or on adjacent properties, including but not limited to additional landscaping or screening.

b.

Reasonable accommodation under Federal Fair Housing Act (FFHA).

1.

The Town Manager and/or their designee may grant minor modifications to provide reasonable accommodation under the FFHA. In the application for a minor modification under this Subsection, the applicant shall identify the type of housing being provided and cite the specific provisions of the FFHA that require reasonable accommodation be made for such housing. The Town Manager and/or their designee may grant the following types of minor modifications to assure reasonable accommodation is required by law.

i.

Modify any minimum distance or spacing requirements, building setback, height, open space or building coverage, or landscaping requirement by no more than ten percent (10%); or

ii.

Reduce any off-street parking requirement by no more than one (1) space.

2.

The Town Manager and/or their designee may approve a type of reasonable accommodation different from that requested by the applicant if the Town Manager and/or their designee concludes that a different form of accommodation would satisfy the requirements of the FFHA with fewer adverse impacts on adjacent areas. The decision of the Town Manager and/or their designee shall be accompanied by written findings of fact as to the applicability of the FFHA, the need for reasonable accommodation, and the authority for any reasonable accommodation approved. Requests for types of accommodation that are not listed above may only be approved through a variance or official map amendment (rezoning) process.

(c)

Submittal requirements. The submittal requirements, as established by the Town and listed on the application checklist shall include at a minimum, unless waived by Town Staff, the following items:

(1)

A complete land use application form and checklist with appropriate fees paid.

(2)

A written request and justification for the alternative compliance or minor modification request addressing the review criteria above.

(3)

A comparison of the requested alternative compliance or minor modification against the existing criteria of this Code or adopted guidelines.

(4)

Supporting images and details that illustrate the requested alternative.

(d)

Review criteria. An administrative adjustment request shall be reviewed based on the following criteria:

(1)

If the alternative is a minor modification one (1) of the following is applicable:

a.

The adjustment is necessary to satisfy the federal requirements for reasonable accommodation of housing for protected groups under the Federal Fair Housing Act; or

b.

The adjustment is necessary to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000.

(2)

The alternative will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use, or enjoyment of adjacent properties.

(3)

The alternative will result in an outcome that equally meets or exceeds the goals of the Comprehensive Plan, this Code, and adopted plans and/or policies by the Town.

(4)

The alternative does not alter any land use and dimensional standards of this Code.

(5)

The alternative is based on specific site conditions and unique site context.

(6)

The alternative meets or exceeds the design objective of the adopted design standard.

(7)

The alternative considers the context of the broader community benefits such as the following:

a.

Enhanced architectural features that complement or improve the character of the surrounding area.

b.

Adaptive reuse of existing buildings.

c.

Considerations of improved sustainability and mitigation of environmental impacts.

d.

Enhanced pedestrian amenities and features.

(e)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to administrative adjustment requests:

(1)

An alternative compliance or minor modification request may be processed prior to submitting a formal site plan application. The details related to an alternative compliance or minor modification shall be part of the formal site plan drawings.

(2)

Following review of the request by staff and necessary referral agencies, and any necessary resubmittal(s), the Town Manager and/or their designee shall review and provide a determination on the request.

(3)

The Town Manager and/or their designee may attach any condition of approval to an administrative adjustment necessary to protect the health, safety, and welfare of the community, to secure the objectives of the modified standard, and to minimize adverse impacts on adjacent properties.

(f)

Effect of decision. An approved administrative adjustment shall be specified on the approved plat, development plan, approval letter, or approving document for which the modifications were sought.

(1)

The approval of an administrative adjustment will expire within one (1) calendar year from the date of approval if a formal development proposal or permitting for which the administrative adjustment was sought is not in process or approved by the Town.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The dedication of public rights-of-way and public easements is the process to officially record rights-of-way or easements that grant specific access and property interests for public purposes, as stated on the recorded document, typically a plat, deed, or separate easement instrument, or other instrument of dedication or conveyance.

(b)

Eligibility.

(1)

Public rights-of-way and public easements may be dedicated in association with a minor or major subdivision process, or by this Section of the Code.

(2)

Eligible applicants for the dedication of public right(s)-of-way or public easement(s) include any person or entity with a property interest in the abutting and underlying land. The Town may require all property owners of land abutting or underlying the proposed right-of-way or easement to join or consent to the application.

(c)

Review criteria.

(1)

The legal requirements for recording the right(s)-of-way or easement(s) have been established, and all forms and fees required by the Town have been submitted.

(2)

The applicant has provided proof of ownership and provided notice to the owners of all other property interests in the proposed easement, proposed right-of-way, or affected property.

(3)

The dedication will not be detrimental to any adjacent property owner.

(4)

No owner or entity with a property interest in the proposed easement or right-of-way has objected.

(5)

All parties with an interest in or potentially impacted by the request have received written notice and have had an opportunity to comment, including public and private utility providers.

(6)

There are no conflicts with existing or planned easements, rights-of-way, or infrastructure.

(7)

For dedication of public right-of-way, the property to be dedicated is free and clear of all liens and encumbrances, except as may otherwise be approved by the Town Council in its sole and exclusive discretion.

(8)

The application meets all other applicable procedures and requirements of the Colorado Statutes, the Colorado Constitution, and the Town's Municipal Code.

(d)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to dedicating public rights-of-way and public easements within the Town.

(1)

The applicant shall submit an application, a plat, or other legal document showing the proposed dedication, the effect to adjacent or abutting properties, and a legal description and instrument of conveyance as warranted based on the request.

(2)

The Town shall evaluate the application for completeness and coordinate review of the application per Sectiion 16.2.130. The review shall include a request for comments from all referral agencies who may have facilities or other interest in the proposed right-of-way or easement.

(3)

The Town may require the applicant to complete a consent form for all applicable public and private utility providers.

(4)

Following review and analysis by staff and referral agencies, the Town Manager and/or their designee shall refer the dedication application to the Town Council for review and a decision. The Town Council shall review each right-of-way dedication application relative to the applicable approval criteria in this Section, and shall by resolution approve, approve with conditions or modifications, or disapprove a dedication request.

(e)

Effect of decision. After approval of the dedication of a public right-of-way or a public easement, the Town shall record the dedication, conveyance, or easement instrument, as applicable, with the County.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose and scope.

(1)

The procedure for vacation of streets, alleys, or other public ways, and vesting of title upon vacation, shall conform to state law as provided in Sections 43-2-301 et seq., C.R.S., as amended. In addition, said vacation shall conform to the specific procedure as provided in this Section.

(2)

The Town Council has the authority to:

a.

Vacate public rights-of-way, which include any public street, alley, lane, parkway, avenue, road, trail, public access easement, or other public way designated or dedicated on a subdivision plat, or conveyed by deed, or acquired by prescriptive use, or whether it has been used as such.

b.

Vacate public easements designated or dedicated on a subdivision plat or conveyed by deed or recorded easement instrument.

(b)

Eligibility.

(1)

Public right-of-way may be vacated in association with a major subdivision process, or by the procedures of this Section of the Code.

(2)

Public easements may be vacated in association with a minor or major subdivision process, or by the procedures in this Section of the Code.

(3)

Eligible applicants for a vacation include the Town or any person or entity with a property interest in the abutting or underlying land.

(4)

For vacation of public right-of-way or public easements abutting or upon multiple properties, the Town may require all property owners to join or consent to the application.

(c)

Review criteria.

(1)

Vacation of public right-of-way and public easements shall be left to the sound discretion of the Town Council. The applicant shall have the burden of presenting sufficient information to justify the requested vacation. The Town Council shall not exercise its discretion to vacate any public right-of-way or public easement, unless it meets the following criteria:

a.

The vacation of public right-of-way shall not leave any land adjoining said right-of-way without an established public road or private-access easement connecting said land with another established public road;

b.

All parties with interest in or potentially impacted by the request have received written notice and have had time to comment, including public and private utility providers;

c.

For vacation of a public easement, no owner or entity with a property interest in the easement has objected;

d.

No property would be left without reasonable access or provision of any public facilities or utility services by reason of the vacation;

e.

The right-of-way or easement is no longer necessary for public use or convenience;

f.

The vacation will not restrict access to any parcel so that access is unsafe, unreasonable, or economically prohibitive;

g.

The vacation does not result in an easement configuration that could create difficulty in the provision of services or installation of public improvements;

h.

Adequate easements have been reserved for use and/or maintenance by the Town or other utility agencies;

i.

There is no current or future public purpose for the public right-of-way or public easement when considering the Comprehensive Plan and other adopted plans or policies; and

j.

The vacation is consistent with the goals of the Town's Comprehensive Plan.

(2)

In exercising discretion to vacate a public right-of-way, the Town Council may also consider impacts on mobility, parking, traffic, and safety, as well as any benefits to the Town that will result from removing the public right-of-way from the municipal street system.

(d)

Review procedures. In addition to the general procedures found in this Code, the following requirements are specific to vacating public rights-of-way and public easements in the Town.

(1)

The applicant shall submit an application, a plat, or other legal document showing the proposed vacation, the effect on adjacent or abutting property, and a legal description of the right-of-way or easement to be vacated.

(2)

The Town shall evaluate the application for completeness and coordinate review of the application per Section 16.2.130. The review shall include a request for comments from all referral agencies who may have facilities or other interest in the right-of-way or easement.

(3)

The Town may require the applicant to complete a consent form for all applicable public and private utility providers.

(4)

Following review and analysis by staff and referral agencies, the Town Manager and/or their designee shall schedule a review of the vacation application by the Town Council.

(5)

The Town Council shall review each vacation application relative to the applicable approval criteria in this Section, and approve, approve with conditions or modifications, or disapprove a vacation request. Any approval or approval with conditions or modifications shall be adopted by ordinance and any disapproval shall be by resolution.

(6)

The Town Council may condition a decision to vacate a public right-of-way or public easement on reserving any interest the Town Council determines necessary to serve a public purpose or the interests of affected property.

(e)

Effect of decision. After approval of an ordinance vacating public right-of-way or a public easement, the Town shall record the ordinance, on or after the ordinance's effective date, with the county.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)