(a)

This Chapter of the Town of Silverton Municipal Code is known as the Town of Silverton Land Use Code and short citation references are "this LUC" or "this Code."

(b)

This LUC shall become effective on (Effective Date). The land use code that was effective immediately prior to this Code shall be referred to as the prior LUC.

(c)

Two copies of the prior LUC shall be maintained and remain of record in the Town Clerk's Office and the Town Administrator's Office, either in hard copy or electronically. An unofficial public copy may also be maintained on the Town website. All copies of the prior LUC that are publicly available shall be clearly identified as outdated.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

This Land Use Code is adopted pursuant to C.R.S. Title 31, Article 23.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

This Code is adopted to promote the health, safety, and general welfare of the present and future inhabitants of the Town. It is adopted in accordance with the Master Plan and is intended to accomplish the follow:

(a)

Implement the Master Plan, including the goals, strategies, and actions of the plan, and the Future Land Use Framework;

(b)

Preserve the history of Silverton;

(c)

Establish regulatory options that encourage the incorporation of climate-friendly, sustainable, and resilient development design in the Town;

(d)

Manage responsible land use, growth, and development in a way that improves the residents' quality of life;

(e)

Promote compatible land use relationships;

(f)

Encourage housing affordability through the development of a range of housing types to maintain a diversity of residents in the community;

(g)

Protect the Town from natural hazards such as flooding, landslides, avalanches, and snowslides, while protecting the natural environment;

(h)

Promote predictability, consistency, and efficiency in the development process for residents, neighborhoods, businesses, and other development interests; and

(i)

Ensure appropriate opportunities for participation and involvement in the development process by all affected parties.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

The provisions of this LUC shall apply to the development and use of all land within the Town, unless specifically provided otherwise in this LUC.

(b)

No permit, certificate, or approval of any use that is subject to this LUC shall be issued or granted by any department, agency, Town official, or Town employee without a finding of compliance with this LUC.

(c)

No lot of record that did not exist on the Effective Date shall be created by subdivision or other legal mechanism unless it complies with this LUC.

(d)

All property, uses, structures, and facilities owned or operated by the Town shall be in compliance with this LUC to the maximum extent practicable, but may be exempted from complying with some aspects of this LUC based on the governmental function performed on the property.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

The provisions of this Code are the minimum standards necessary to accomplish its stated purpose.

(b)

Where the standards imposed by any provision of this Code are less restrictive than standards imposed by the Silverton Municipal Code, or any other Town, state, or federal law applicable to the same topic, the more restrictive regulations shall govern.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

This Code does not interfere with, abrogate, or annul any private agreement, including but not limited to easements, covenants, or deed restrictions.

(b)

When the provisions of this Code conflict with private agreements, the stricter provisions shall control.

(c)

It is not the Town's responsibility to enforce private agreements, nor is the Town obligated to adopt regulations consistent with private agreements.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

The Board of Trustees shall establish a schedule of fees, charges, and expenses and a collection procedure for appeals and other matters pertaining to this LUC.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Existing Development. No provision of this Code shall require any change in the continued use of any structure for which a Certificate of Occupancy was issued pursuant to the prior LUC. The following requests shall require compliance with this Code as set forth in Section 15-9-30(e), Discontinuance and Abandonment:

(1)

Changes to the structure, site, or use;

(2)

A use that that is discontinued for a period of one year; and

(3)

A structure that remains vacant for a period of one year.

(b)

Violations Continue. Any violation occurring under the prior LUC will continue to be a violation under this Code and be subject to penalties and enforcement pursuant to Article 10, unless the use, development, construction, or other activity complies with the provisions of this Code.

(c)

Nonconformities Continue. Any nonconformity under the prior LUC remains a nonconformity unless and until it conforms to the provisions of the current Code. If a nonconformity under the prior LUC becomes conforming because of the adoption of this LUC, then the situation will no longer be a nonconformity.

(d)

Previous Approvals.

(1)

Validity. Except for Planned Unit Developments (PUD) as provided in Section 15-1-80(e), permits and approvals for new or unfinished projects issued prior to the Effective Date remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval. Where an approval was issued pursuant to the prior LUC without an expiration date and the same approval has an expiration date in this LUC, the expiration date shall apply to the prior approval, starting as of the Effective Date.

(2)

Expiration. If a prior approval expires based on an expiration established in the prior LUC, or the project development approval is revoked or otherwise becomes invalid, any subsequent use or development of the property shall comply with this LUC.

(3)

Extension. The decision-making body that granted the prior approval may renew or extend the time of a previous approval if the required standards or criteria for approval remain valid and the proposed extension complies with Section 15-8-20(i)(5)b.

(4)

Reapplication. Reapplication is required for any expired or revoked approval. The new application will be considered under the provisions of this LUC.

(e)

Previous Limited Overlay District. Any development approved in the Limited Overlay District prior to the Effective Date shall remain valid. Modification or amendment to approved plans or agreements shall comply with the prior LUC requirements for the Limited Overlay District. To remove the Limited Overlay District, the property owner may submit a Zoning Map Amendment request to rezone the property into a base zoning district included in this Code.

(f)

Previous Planned Unit Developments.

(1)

A PUD that has been fully approved for all phases and specific application types prior to the Effective Date shall remain valid. PUDs that refer to zoning districts not included in this Code shall use the prior LUC requirements. A modification or amendment to an approved Outline Development Plan shall use the prior LUC requirements, but all Site Plans submitted for the PUD after the Effective Date shall meet the provisions of this LUC.

(2)

A PUD approval that predates the Effective Date shall be narrowly interpreted and limited to the specified terms of approval. Where a term was not included in the PUD approval, the most closely similar provision of this Code shall be applied. For example, if a PUD does not specify a process for amendment, the process for amending PUD approvals in this Code will control.

(g)

Applications in Progress. Applications in various stages of review pursuant to the prior LUC shall reviewed as follows. An applicant may opt to have any application reviewed pursuant to this LUC.

(1)

Completed Applications. Complete applications submitted before the Effective Date and pending approval at the time of adoption may, at the applicant's option, be reviewed wholly under the terms of the prior LUC. If approved, these projects may be carried out in accordance with the development standards in effect at the time of application.

(2)

Resubmission of Incomplete Applications. Any application submitted before the Effective Date that has not been determined to be complete shall be reviewed for completeness pursuant to this LUC and may be required to be revised.

(3)

Reapplication. If an applicant chooses to amend, withdraw, or resubmit (collectively, "reapplication") an application that was completed prior to the Effective Date, the reapplication shall be processed under the provisions of the Code in effect at the time of reapplication.

(4)

Special Use Permit.

a.

Established uses shall be deemed to have received a Special Use Permit and shall be a legal, conforming use of land if:

(i)

A use of land or structures was listed as a permitted use in a specific zoning district under the prior LUC;

(ii)

That use of land or structures was established on property in that district prior to the adoption of this LUC; and

(iii)

The same use of land or property is now listed as a Special Use in the same district in Table Sec. 15-3-1: Use Table.

b.

Upon request by the property owner and submission that the use was established prior to approval of this LUC, the Town Administrator shall provide written confirmation of the legal, conforming status of the use.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

If any court of competent jurisdiction declares that any section, subsection, or provision of this LUC is invalid, that judgment will not affect the validity of the remaining provisions of this LUC.

(b)

If any court of competent jurisdiction invalidates the application of any provision of this LUC to a development, that judgment will not affect the application of that provision to any other development not specifically included in the judgment.

(c)

If any court of competent jurisdiction invalidates any condition attached to an application approved under this LUC, that judgment will not affect the validity of any other condition attached to the approval that is not specifically included in the judgment.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)