The following principles shall be used in interpreting this chapter:

(a)

The provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(b)

This chapter is not intended to interfere or conflict with, abrogate, or annul any other regulation, ordinance, statute, or provision of law.

(c)

Whenever a provision of this chapter and a provision of any other law, ordinance, resolution, rule, or regulation of any kind, including any other provision of this chapter, contain restrictions covering the same subject matter, the more restrictive shall govern.

(d)

The foregoing principles notwithstanding, the city council directs those city officials responsible for enforcement of this chapter to utilize a reasonable common sense approach to the interpretation and application of the specific provisions of this chapter. To this end, city officials charged with the responsibility for enforcement and administration of provisions of this chapter shall be entitled to utilize discretion in waiving specific application requirements, provided that such discretion shall be exercised in a manner to preserve the purposes and intention of this chapter and to not jeopardize the health, safety or general welfare of the public. When exercising discretion to waive or modify any specific application requirements, said city official shall consider:

(1)

The scope and nature of the proposed project.

(2)

The impact of the project on the properties in the general vicinity of the project.

(3)

The impact of the project on municipal facilities and services, including without limitation, streets, water, sewer, drainage, police, and fire protection services.

(4)

Whether the information contained in a requirement sought to be waived is reasonably and readily available from other materials submitted in conjunction with the application.

(e)

Strict enforcement of each provision of this chapter shall not be required, but the city official charged with enforcement of this chapter shall be entitled to utilize the legal principal of prosecutorial discretion.

(f)

Any land use not expressly identified as a permitted, conditional, or accessory use within a zone district—nor determined by the city manager or their designee to be substantially similar to a listed use pursuant to this chapter—shall be deemed prohibited in all zoning districts including PUDs.

(Ord. No. 1-2009, § 1, 3-25-2009; Ord. No. 15-2025, § 1, 9-22-2025)

It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the city without obtaining a building permit from the city building official or his authorized representative, and no permit shall be issued unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to the zoning regulations then in effect. Additionally, no permit shall be issued for the construction or alteration of any structure unless a plat of such property has been prepared, approved, and recorded in accordance with the subdivision regulations of the city. For all signs permitted under this chapter a fee to be set by resolution of city council shall be charged by the city.

(Ord. No. 1-2009, § 1, 3-25-2009)

(a)

Upon submittal of any request for approval of a particular land use, which includes, but is not limited to, planned unit developments, site development plans and rezoning, an applicant, in addition to payment of an application fee, shall be required to pay a deposit to cover the city's actual costs incurred for professional services to address the matters engineering, surveying, planning and legal issues.

(b)

The city manager or the managers authorized designee shall establish the amount of the deposit, based upon a reasonable estimate of the costs for the professional services. Any funds remaining upon the conclusion of the matter shall be returned to the applicant.

(c)

The city manager may, in consideration of a project's, size, complexity, impact, public benefit or other relevant factors, waive certain submittal requirements, including fees when for example, such submittal requirements are unrelated to any projects impacts, or to reduce the burden on the applicant by narrowly tailoring the information and requirements used to review any particular application.

(Ord. No. 10-2014, § 2, 7-14-2014)

It shall be unlawful for any person to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this chapter, or any amendment thereof. It shall be unlawful for any person, either as owner, lessee, occupant or otherwise, to interfere in any manner with any person in the performance of a right or duty granted or imposed upon such person by the provisions of this chapter.

(Ord. No. 1-2009, § 1, 3-25-2009)

In the event any building or structure is, or proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is used or proposed to be used, in violation of any provision of this chapter, or any amendment thereof, the city may initiate civil proceedings, including injunction, mandamus, abatement, declaratory judgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful erection, construction, reconstruction, alteration, maintenance or use. Civil remedies available to the city as provided for under this section are not exclusive and shall not preclude prosecution by the city for criminal violations under the provisions of this chapter.

The enforcement of the provisions of this chapter shall be vested solely with the city, acting through its zoning administrator. No party other than the city shall have standing to commence or continue a proceeding to enforce the provisions of this chapter as against any other property owner, or to enforce a judgment obtained in any such proceeding previously commenced under any prior version of this section. The prohibition contained in this section shall not prohibit any person or entity otherwise entitled to seek judicial review of any final quasi-judicial decision of the city pursuant to Colorado Rule of Civil Procedure 106(a)(4) from pursuing such review.

(Ord. No. 1-2009, § 1, 3-25-2009)

(a)

Purpose. In certain circumstances, the application of generally applicable provisions of chapters 18, 55 and 56 of this Code to a particular property or land use has the potential to inadvertently violate rights granted to a landowner under the United States Constitution, the Religious Land Use and Institutional Persons Act, 42 U.S.C. § 2000cc, et seq. ("RLUIPA"), 42 U.S.C. 1983, and other federal statutes existing now or hereafter enacted ("federal rights"). Under the current jurisprudence regarding federal rights, courts often apply an ad hoc, case-by-case analysis to determine whether an action by a local government violates a particular federal right. The inherent uncertainty of such an approach by the courts subjects the city to potential liability arising from the inadvertent violation of a landowner's federal right, and to the costs of litigation, which include attorneys' fees and loss of time by city personnel who must devote attention to the lawsuit as opposed to their usual tasks. Even when the city is successful in defending a lawsuit, the costs of litigation are a substantial burden upon the financial resources of the city and its personnel resources. A process in which a property holder who believes that application of a provision of chapters 18, 55 and 56 to his or her property or land use violates a federal right may apply to city council for, and receive an exemption from, any such provision that is necessary to protect the health, safety and welfare of the community.

(b)

Definitions. As used in this subsection, the following terms shall have the following meanings:

(1)

Federal right means any right granted to a property holder under the United States Constitution or any federal statute, whether currently existing or hereafter enacted, including, without limitation, the Religious Land Use and Institutional Persons Act, 42 U.S.C. § 2000cc, et seq. ("RLUIPA"), and 42 U.S.C. 1983.

(2)

Property holder means any person, persons or entity owning or holding an ownership or possessory interest in real property within the city.

(c)

Applications. Any property holder within the city who believes that the application of one or more provisions of chapters 18, 55 and 56 of this Code as applied to the property holder's property interest or current or proposed land use will violate one or more of the property holder's federal rights may apply for an exemption from the provision or provisions in question by submitting an application for an exemption on a form provided by the city, together with a typed list of the owners of record for any property located within 300 feet of the exterior boundaries of the property for which the exemption is requested and one first class stamp for each distinct property owner identified on such list. The application shall identify the property and/or land use for which the exemption is sought, the provisions of the Code from which an exemption is sought, the federal right at issue, and a brief explanation of why the applicant believes that application of such provisions would violate the property holder's federal right. If the application contains a request for an exemption from any provision of chapter 18, the zoning administrator, before scheduling a public hearing on the application, may require the applicant to submit such engineering plans, studies or inspection reports as may be reasonably necessary to demonstrate compliance with the standards set forth in subsection (f)(7) of this section. A property holder may seek an exemption that operates in a prospective manner, a retroactive manner, or both.

(d)

Stay of enforcement. An application for a retroactive exemption from a provision of the Code of which the property holder is currently in violation may be accompanied by a requested stay of enforcement of any provisions that have been violated until such time as city council has the opportunity to act upon the application. The city manager, after consultation with the city attorney, shall grant such a stay upon a determination that the requested stay does not pose an imminent danger to the health and safety of persons or an imminent danger of damage to property and the asserted violation of a federal right is not frivolous, groundless or interposed solely for the purpose of delay.

(e)

Procedure. After receipt of an application, the city shall notify by first class mail the owners of property located within 300 feet of the exterior property lines of the property to which the proposed exemption would apply that an application for exemption has been filed and that they may review the application during the city's regular hours. The city will prepare a notice containing the date, time and location of the city council hearing, and will mail this notice in envelopes provided by the city, with postage applied, 14 days prior to the hearing. If an application requests an exemption from any provision of chapter 18, the application shall be forwarded to the building official for review.

(f)

Standards for exemptions. In considering whether to grant an exemption, city council shall consider the following factors:

(1)

The nature of the asserted federal right;

(2)

The degree of uncertainty existing in the case law construing the asserted federal right;

(3)

Any unusual factors concerning the applicant or the property for which the exemption is sought which increase the risk that the application of a generally applicable provision of the Code might inadvertently violate a federal right in the particular circumstances presented by the application;

(4)

The governmental purpose and interest served by the provisions of the Code from which an exemption is sought, and whether such purpose and interest could be accomplished in any other manner;

(5)

Whether granting the requested exemption would create a hardship on others;

(6)

The potential cost of litigation over the asserted federal right;

(7)

Other demands upon the financial resources and personnel of the city; and

(8)

Whether any conditions should be imposed in connection with an exemption to protect the health, safety and welfare of the community.

(g)

Exemptions from chapter 18. No exemption from a provision of chapter 18 shall be granted unless the building official has determined, based upon a review of the engineering plans, studies and inspection reports submitted with the application, that the exemption will not threaten the structural integrity of any building or create a risk to the health and safety of the occupants of the building.

(h)

Exemptions from chapter 56 use provisions. No exemption from a provision of chapter 56 shall be granted which would authorize a use that is neither a use permitted by right, an accessory use nor a use which could be permitted subject to approval of a conditional use permit in the zone district in which the property for which the exemption is requested is located. Any exemption granted for a use that could be permitted subject to approval of a special use permit shall have the same force and effect as a special use permit for the property and shall exempt the property from the requirements of conditional use permits granted pursuant to this chapter.

(i)

Exemptions from certain provisions of chapter 56 provisions. Any exemption granted under this section from any lot, block, setback, parking, sign area or height, or building area or height requirements of chapter 56 shall have the same force and effect as a variance granted pursuant to chapter 56, article III (appeals and variances) of the Code and shall exempt the property from the requirements of chapter 56, article III of the Code.

(j)

Hearing. City council shall hold a public hearing upon an application for an exemption pursuant to this section. Notice of such public hearing shall be published once in a newspaper of general circulation within the city at least 12 days prior to the hearing. In addition, the site in question shall be continuously posted with a sign for a period beginning not less than 12 days prior to the date of the hearing, said posting to be performed by the city. The sign and posting shall be in conformity with the posting utilized in zoning amendment public hearings. Upon the conclusion of the public hearing, city council shall approve, approve with conditions, or deny the requested exemption.

(k)

Invalidity of federal right. One of the purposes of this section is to protect the city from cost, burden and risk of litigation over federal rights. Therefore, city council shall not be required to determine whether the applicant would ultimately prevail in any assertion of the federal right in a judicial proceeding in order to grant an exemption under this section, but city council shall not grant an exemption if the asserted federal right is substantially frivolous or groundless at the time the application is made. In making its decision with respect to whether the asserted federal right is substantially frivolous or groundless, city council may rely upon advice from the city attorney or may require the applicant to provide a legal opinion from an attorney admitted to practice law in the State of Colorado. The validity of any exemption granted shall not depend upon whether the applicant would ultimately prevail in any assertion of the federal right in a judicial proceeding. No exemption granted hereunder shall be rendered invalid due to the subsequent amendment or repeal of the constitutional or statutory provision giving rise to the asserted federal right, or by any subsequent judicial decision which had it been decided prior to the time of the hearing might have affected the evaluation of the federal right in question.

(l)

Judicial review. In order to assure a plain, simple and prompt judicial remedy to persons or parties adversely affected or aggrieved by a city action under this section, the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure shall apply to judicial review of any action hereunder.

(m)

Retroactive application. This section shall apply both prospectively and retroactively, and any property holder may apply for an exemption from provisions of the Code with respect to any past violation. No exemption granted hereunder shall be effective to relieve the property holder of any obligation of contract or to impair any vested right held by another person or entity.

(Ord. No. 1-2009, § 1, 3-25-2009; Ord. No. 7-2019, §§ 8, 9, 9-23-2019)

(a)

Purpose and scope. This section sets forth the required review and approval procedures for "administrative exceptions," which are adjustments (minor modifications) to certain provisions of this chapter otherwise applicable to a property pursuant to the procedures in this section. Administrative exceptions may authorize minor changes to pending applications, or to approved plans and permits, and relief from specified standards as stated in this chapter. Administrative exceptions are intended to relieve unnecessary hardship in complying with the strict letter of this chapter, and to promote context-sensitive development, which are minor deviations from otherwise applicable standards. Administrative exceptions 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. Administrative exceptions are not intended to relieve specific cases of financial hardship, nor to allow circumventing the intent of this chapter 56 and its standards.

(b)

Applicability. As part of the review and approval of any procedure set forth in this chapter, the zoning administrator may approve adjustments of up to a maximum of five percent from sign height or area and up to a maximum of ten percent from the following general development and zoning district standards, including planned unit development (PUD) district standards, provided that the applicable approval criteria listed below are met:

(1)

Minimum lot area, coverage, and frontage requirements;

(2)

Setback, parking, and building height requirements; and

(3)

Any other quantitative development standards set forth in chapter 56.

(c)

Procedure. The zoning administrator may initiate or approve an administrative exception permitted under this section on an application prior to approval if the request for such administrative adjustment is submitted concurrently with any other required development application. Any approved administrative exception shall be specified on the approved plat, development plan, approval letter or approving document for which the modifications were sought. The zoning administrator may attach any condition to approval of an administrative exception reasonably necessary to protect the health, safety and welfare of the community, to secure substantially the objectives of the modified standard, and to minimize adverse impacts on adjacent properties. Notwithstanding the zoning administrator shall have the discretion to forward a request under this section directly to the planning commission for a special hearing, if the request is not within the zoning administrator's approval authority, or if the zoning administrator has determined that a public hearing is necessary to assure proper review and public input on the request. The substitution of a planning commission public hearing process in lieu of the administrative approval process shall not be considered a diminution of due process opportunity on the part of interested property owners.

(d)

Approval criteria. The zoning administrator may approve an administrative exception only upon finding that all of the following criteria have been met:

(1)

The requested modification is generally consistent with the city's comprehensive plan and the stated purpose of this chapter 56;

(2)

The requested adjustment is consistent with the stated intent and purpose of the applicable zone district or approved PUD district plan, if applicable;

(3)

The requested modification meets all other applicable building and safety codes;

(4)

The requested modification does not encroach into an easement; and

(5)

The requested modification will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated.

(Ord. No. 3-2022, § 3, 5-23-2022)