(a)

An application for development shall be submitted on forms available from the Land Use Administrator, containing all information required and payment of the appropriate fee. All applications submitted to the Town are required to meet the submittal requirements for that particular process. Application fees established by the Town shall be paid at the time of application. All application fees are nonrefundable. Application fees are meant to cover the Town's internal costs of review. In some cases, actual costs may exceed the fees, and in such a case the applicant is liable for the excess costs. In addition, the Land Use Administrator, the Planning Commission or the Board or Trustees may consult or employ an expert to review any application, and the applicant shall be required to pay for such expert's fees and expenses.

(b)

The Land Use Administrator shall review the submittal to determine completeness. If complete, the application shall be processed; if not, the applicant shall be requested to complete the application as instructed by Town Staff. A determination for completeness shall include a determination as to whether the applicant has paid the applicable application fees.

(c)

The Town, including the Land Use Administrator, the Planning Commission and/or the Board of Trustees, at any stage of review of any development, may require submission of any plan, study, survey or other information, in addition to that specified in this Chapter, and at the applicant's expense, as such body may determine necessary to enable it to review and act upon the application in order to determine whether the application complies with the requirements of this Chapter and other applicable federal and state laws.

(d)

In the event that the Planning Commission or the Land Use Administrator recommends denial of the application at any stage, the applicant may choose to proceed to the next stage of review or may resubmit the application at the first stage. Substantially, the same application may not be resubmitted for one (1) year, after denial.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Prior to the formal submittal of any application to proceed with development, an informal preapplication conference shall be held between the applicant and the Land Use Administrator. This conference will serve to acquaint the applicant with the requirements of this Chapter and to allow the Land Use Administrator to become familiar with the applicant's development intent and design philosophy. A schematic site plan and building concept drawings will aid in discussion at this conference; however, applicants are encouraged not to prepare detailed designs which might require extensive revision as a result of the preapplication conference.

(b)

Table 16-1 below establishes the required review steps applicable to different forms of development. Submission requirements and the specific review process for each stage are set out elsewhere in this Chapter under the appropriate headings.

(c)

The Planning Commission or Board of Trustees may require, prior to or as a part of any preliminary or final development review, that the applicant permit a site visit by the members of the Planning Commission or the Board of Trustees. In the event a site visit is required, the applicant shall provide access to the property sufficient to accommodate the needs of the site visit and shall, upon request by the Town, stake, flag or otherwise identify, on or above the ground, those features of the property or the proposed development (i.e., wetland boundaries, proposed building envelopes and heights and road alignments) requested.

(d)

Unless otherwise indicated, amendment or modification of prior development approval shall follow the procedure for review of the original application.

_________________________________

_________________________________

Table 16-1. Review Procedures

S Land Use Administrator or Town staff.

PZ Planning Commission.

TB Board of Trustees.

A Administrative review or meeting.

M Public meeting.

H Public hearing (public notice required in accordance with Section 16-3-30 below).

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

_________________________________

Notice of public hearings shall be given as indicated in Table 16-2 below. Where indicated, the form of notice shall take place as follows:

(1)

Mailed notice.

a.

Not less than thirty (30) days prior to any public hearing which requires notification by letter, the applicant shall provide to the Town the following information, as applicable to the property under consideration:

1.

A list of property owners within three hundred (300) feet of the property under consideration, as shown on the records of the County Assessor; and

2.

A list of owners of mineral interests that have been severed from the surface estate of the subject property, as shown on the records of the County Clerk and Recorder, in accordance with Section 24-65.5-103, C.R.S.

b.

At least fifteen (15) days prior to any public hearing which requires notification by letter, the Land Use Administrator shall cause to be sent, by first-class mail, a letter to those owners listed above.

c.

The letter shall include: a vicinity map, a short narrative describing the kind of action requested; the hearing authority; the time, date, place and purpose of the hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing and shall not be regarded as constituting inadequate notice.

(2)

Published notice.

a.

One (1) published notice, stating the time, date, place and purpose of the hearing, in a newspaper of general circulation within the Town, at least fifteen (15) days prior to the public hearing, not counting the date of publication or the date of the hearing.

b.

In addition, notice of the Board of Trustees' approval of a site specific development plan and the creation of vested property rights, in accordance with Section 16-3-60 of this Article, shall be published once in a newspaper of general circulation in the Town no later than fourteen (14) days following the approval. The site specific development plan, and related documents, shall be recorded by the Land Use Administrator prior to the publication of the notice.

Table 16-2. Notice Requirements

R: Required Notice

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Although each zone district in Article 5 of this Chapter is primarily intended for permitted uses, there are a number of uses which may or may not be appropriate in a particular district. These uses may dictate that the circumstances of development should be individually reviewed. A procedure for the review of such uses is necessary so that the Town is assured that they are compatible with their locations and surrounding land uses and shall further the purposes of this Chapter.

(1)

The Land Use Administrator shall review the application to determine if it is complete and eligible for consideration under existing regulations.

(2)

When the date for the public hearing is determined, notification shall be sent to the owners listed in the application by first-class mail with a certificate of mailing in a manner consistent with Section 16-3-30 above. Such notification shall include information that a conditional use application has been filed and the nature of the conditional use, that such application may be reviewed during regular office hours, and the time at which the Planning Commission shall consider oral or written statements regarding the application.

(3)

Within thirty (30) days after the Planning Commission receives a completed application at its regular meeting or within such time as is mutually agreed upon by the Planning Commission and the applicant, the Planning Commission shall either recommend approval of the application in whole or in part, with or without modification and conditions, or recommend denial of the application to the Board of Trustees.

(4)

The Planning Commission shall hold a public hearing on any proposed conditional use application.

(5)

The Board of Trustees shall, within thirty (30) days after receiving the Planning Commission's recommendation, or within such time as is mutually agreed upon by the Board of Trustees and the applicant, either grant the application in whole or in part, with or without modifications and conditions, or deny the application.

(b)

The Planning Commission and Board of Trustees shall consider the following factors, criteria and modifications in making their determination whether to approve conditional uses; however, none of these factors are dispositive and the Board of Trustee's decision or the Planning Commission's recommendation may be based on other factors not set forth herein.

(1)

Decisions on conditional use applications shall be based upon policy and guidelines set forth in this Section but are not limited to the following:

a.

Whether the proposed use will be compatible with surrounding zones. Reasonable suggestions and objections from persons in the neighborhood are a measure of compatibility and should be utilized.

b.

Whether the use will result in undue traffic congestion or traffic hazards.

c.

Whether the use will be unreasonably detrimental to the public health, safety or welfare.

d.

Whether the use will adversely affect soil, water, air, value and aesthetics, and, if so, to what extent can these adverse effects be reasonably mitigated in the particular area.

(2)

It shall be the policy to accommodate conditional uses where practicable. Conditions and modifications shall be offered as a means of mitigating the adverse effects of the use when they make it possible to approve, rather than deny, the application.

(3)

No conditional use shall be approved unless the Board of Trustees finds that the application complies with all the requirements imposed by this Section as well as other requirements that may be determined on a case-by-case bases; all applicable laws and regulations; is consistent with all objectives and purposes of this Chapter as declared in Article 1 of this Chapter; and is consistent with the provisions of this Chapter.

(4)

An approved conditional use application shall remain with the property, together with any terms and conditions as granted, regardless of subsequent ownership unless otherwise provided in its approval.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

A Planned Unit Development (PUD) must comply with this Chapter as well as the statutory requirements set forth at Section 24-67-101, C.R.S.

(b)

The Planned Unit Development (PUD) is an overlay zone district enacted to encourage innovations in residential, commercial and industrial developments which:

(1)

Provide a greater variety in type, design and layout of buildings and open space;

(2)

Utilize land and public services more efficiently;

(3)

Benefit those who need lower cost housing; and

(4)

Relate the type, design and layout to the particular site, thereby encouraging preservation of the site's natural characteristics.

(c)

The use of PUD provisions is dependent upon the submission of an acceptable plan and satisfactory assurances that the PUD shall be carried out.

(1)

Application for a PUD may be made for land located in any zone district.

(2)

An applicant for a PUD shall submit a sketch plan in conformance with Section 16-4-40 of this Chapter. The Planning Commission shall review the sketch in conformance with that Section.

(3)

A PUD is not permitted on a parcel of land less than two (2) acres in area.

(4)

A PUD application shall be submitted a minimum of sixty (60) days prior to the Planning Commission meeting or hearing at which time the application will be reviewed.

(5)

The preliminary plat for a PUD application shall be submitted in conformance with Section 16-4-50 of this Chapter.

(6)

The final plat for a PUD application shall be submitted in conformance with Section 16-4-60 of this Chapter.

(d)

The use limitations (Table 16-7) and the setback and lot width requirements (Table 16-8) may not apply to PUDs. In specific cases, the off-street parking requirements stated in Article 7 of this Chapter, and the minimum lot area, may be reduced. These requirements shall be controlled by the criteria and standards shown on the approved PUD plan.

(e)

The following procedures shall apply to the review of preliminary and final plans for a PUD and related development plan and development guide:

(1)

The Town Staff shall review the application to determine if it is complete and eligible for consideration under existing regulations. A determination of completeness shall include a determination of whether the applicant has paid all applicable application fees.

(2)

The Planning Commission shall, hold a public hearing to recommend either approval, approval with modifications and conditions or disapproval of the application.

(3)

The Board of Trustees shall, at the next available meeting after the receipt of the recommendations from the Planning Commission, approve, approve with modifications or disapprove the application.

(f)

The Planning Commission and Board of Trustees shall consider the following factors, criteria and standards in making their determination whether to approve a preliminary and final plan for a PUD and related development plan and development guide:

(1)

The need for the proposed development.

(2)

The effect of the proposed PUD upon the immediate area, including employee housing requirements.

(3)

Whether or not an exception from the zone requirements and limitations and from the subdivision regulation requirements and limitations is warranted by virtue of the design and amenities incorporated in the development plan and development guide.

(4)

The land surrounding the proposed PUD can be planned in coordination with the proposed PUD.

(5)

The proposed PUD is in conformance with the general intent of this Chapter and other relevant statutes and laws.

(6)

The existing and proposed utility services are adequate for the proposed development and the methods of financing, construction and maintenance are adequate.

(7)

The PUD creates a desirable and stable environment and does not cause unacceptable air, water or noise pollution.

(8)

The suitability of both the overall PUD design concept and the general phasing scheme.

(9)

Other relevant matters related to the PUD as determined by the Board of Trustees.

(10)

PUD developments proposed in commercial zone districts shall be predominantly commercial in nature. Not more than forty percent (40%) of the development shall be utilized for residential purposes. PUD designs that utilize first-story shop fronts and upper level residential units throughout the entire development plan shall be exempt from this requirement. Further exemption from this requirement may be decided by the Board of Trustees upon recommendation from the Planning Commission.

(g)

No changes may be made in the approved final plan and/or approved development guide during the construction of the PUD except upon application to the Planning Commission under the procedures provided.

(h)

Provided that the time limit established by the approved final plan and/or approved development guide has not passed, the Land Use Administrator shall issue building permits for buildings and structures in the areas covered by the approved final plan and/or approved development guide. The approved final plan and/or approved development guide shall be recorded if permits are to be issued.

(i)

If the time limit established by the final plan and/or approved development guide has passed, no zoning permits shall be issued until after the Board of Trustees has reviewed the final plan and a new development guide has been established.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

For those developments for which an applicant seeks the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., the applicant shall request the approval in writing at least thirty (30) days prior to the public hearing date that said approval is to be considered. Failure to make such a request shall render the approval not a site specific development plan, and no vested rights shall be deemed to have been created.

(1)

Standards for approval.

a.

A site specific development plan shall be approved only if the Board of Trustees finds that the site specific development plan meets the following standards and conditions:

1.

Minimum application requirements pursuant to this Chapter for the subject development of the property, including terms and conditions of such land use approval.

2.

All applicable codes, regulations and other permit requirements in effect at the time of approval.

b.

The Board of Trustees may approve, conditionally approve or deny a request for site specific development plan approval. A conditional approval may impose terms and conditions as necessary to protect the public health, safety and welfare of current and future residents of the Town. Failure to abide by such terms and conditions shall result in forfeiture of vested property rights and shall void the site specific development plan. Reapplication for forfeited rights shall be by new application and shall comply in all respects with the procedural and substantive provisions of this Chapter.

(2)

Duration of vested property rights.

a.

A vested property right, once created, shall run for a period of three (3) years commencing from the date of the Board of Trustees' approval of the site specific development plan. The Board of Trustees may enter into a development agreement with the applicant providing for vesting of property rights for a period of longer than three (3) years. In determining whether to enter into such an agreement to extend the time period of site specific development plan approval, the Board of Trustees shall consider the size and phasing of the development, economic cycles, market conditions and other relevant circumstances which may warrant such agreement. Such development agreement shall, as a minimum, include the following:

1.

Legal description of the land subject to the development agreement.

2.

Specification of the permitted uses of the property, the density and intensity of use, the phasing of the development project and the maximum height and size of proposed buildings.

3.

Provision, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, resolutions, regulations or policies in effect at the time of entering into the agreement.

4.

Identification of the terms and conditions relating to financing of necessary facilities by the applicant.

5.

Description of all permits needed to be approved for the development of the property.

6.

Provision for commencement and completion dates.

7.

Provision for review of compliance with the terms and conditions of the development agreement, on a periodic basis.

8.

Provision for modification, termination, cancellation and enforcement of the development agreement.

9.

Description of any requirements determined to be necessary to protect the public health, safety and welfare.

10.

The development agreement may also cover any other matters not consistent with this Chapter nor prohibited by law.

(3)

Amendments to Site Specific Development Plan. No amendment of the site specific development plan shall be permitted except upon approval by the Board of Trustees following review and public hearings held in accordance with this Chapter and pursuant to finding that the amendment is consistent with the standards as set forth in this Chapter. The Board of Trustees' approval of any such amendment of the site specific development plan shall not extend the duration of the original vesting unless expressly authorized by the Board of Trustees.

(4)

Other provisions unaffected. Approval of a site specific development plan shall not constitute an exemption from, or waiver of, any other provisions of this Chapter, any other applicable Town regulations, ordinances or resolutions, pertaining to the development and use of property.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

With the exception of a site specific development plan, any development approval shall expire and become null and void if the development project is not commenced within one (1) year from the date of final approval or if the work is ceased for a period of one hundred fifty (150) days or more at any time after work is commenced. For rezoning, PUD and conditional use approvals, a public hearing before the Planning Commission shall be held to confirm whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. After the development approval has expired, no work shall be commenced until the applicant has received a new approval pursuant to the procedures set forth in this Chapter.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

An application for an amendment to this Chapter text may be filed by an owner of a legal interest in the property located within the Town and shall be made on a form provided by the Town.

(b)

Any amendment to the text of this Chapter may also be initiated by the Board of Trustees, the Land Use Administrator or the Planning Commission.

(c)

Amendments to this Chapter and approval of requests shall be in accordance with the laws of the State which require the following action before adoption of any such amendment:

(1)

Study and recommendation on the proposed amendment by the Planning Commission.

(2)

Completion of a public hearing before the Board of Trustees.

(d)

The Board of Trustees shall maintain a record of amendments to the text of this Chapter in a form convenient for use by the public.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

The Board of Trustees may, from time to time, amend, supplement, change or repeal the regulations regarding zone districts. Amendments to the Zone District Map may be initiated by the Board of Trustees, the Planning Commission or written application of any property owner or resident of the Town. Changing the Zone District Map designation should be considered only if:

(1)

The Zone District Map is in error and/or, as presently designated, is inconsistent with the policies and goals of the Town;

(2)

The area for which a Zone District Map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area; or

(3)

The proposed Zone District Map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of this Chapter, and that such a Zone District Map amendment will be consistent with the policies and goals of the Town.

(b)

No amendment to the Zone District Map shall be adopted unless such lot, parcel or tract has a minimum of one hundred fifty (150) feet of frontage on a public street, has a minimum of one (1) acre of area or abuts on a lot, parcel or tract of land that has the same Zone District Map classification as that which is proposed for the property which is the subject of the proposed amendment, or if it is in public interest to encourage a Zone District Map change.

(c)

The Planning Commission shall hold a public hearing to review any proposed amendment to the Zone District Map. The Planning Commission shall either recommend approval of the application, in whole or in part, with or without modifications and conditions, or recommend denial of the application, and submit a written report of recommendations to the Board of Trustees within thirty (30) days after the public hearing. After receiving the written report of recommendations from the Planning Commission, the Board of Trustees shall either approve or disapprove the proposed amendment in whole or in part, with or without modifications and conditions, or recommend denial of the amendment.

(d)

Any person applying to the courts for a review of any decision made by the Board of Trustees shall apply for review within thirty (30) days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings, and the application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town shall be entitled to appeal any decision of the District Court under said Rule 106 proceedings.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

A nonconforming use, lawfully in existence prior to the adoption of the initial ordinance codified in this Chapter, shall be allowed to continue as a nonconforming use despite transfer of ownership.

(b)

Structures lawfully existing prior to said adoption may be maintained in reasonable repair and subject to minor alterations and shall be exempt from this Chapter. This exempt status is conditional upon the fact that alterations shall not result in further violations of this Code. Such nonconforming uses or structures shall not be altered or extended; provided however, a structure conforming as to use but nonconforming as to design, setbacks or lot coverage, may only be altered or extended if the alteration or extension does not further violate the provisions of this Code.

(c)

When a nonconforming use or structure is discontinued for a period of one (1) year, such use or structure shall be discontinued, and further use or structure shall be for a conforming use or structure.

(d)

The extension of a nonconforming use or structure to a portion of property which is under construction at the time of the adoption of this code, or any amendment thereof, is not an extension of a nonconforming use.

(e)

A use, which is nonconforming with respect to a provision for screening, shall provide screening within a period of five (5) years from the date of adoption of this Code.

(f)

Whenever the boundaries of a district are changed so as to transfer an area from one (1) district to another district of a different classification, the nonconforming uses or structures described in this section shall also apply to any nonconforming uses or structure(s) existing in such district to which transfer is made.

(g)

A nonconforming use may not be changed to another nonconforming use. If a nonconforming use is changed, it shall be changed to a conforming use.

(h)

If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or act of God to an extent exceeding fifty (50) percent of the cost of replacement of the structure using new materials, a future structure or use on the property shall conform to the provisions of this Code.

(i)

If destruction is determined to be less than fifty (50) percent, restoration shall be commenced within twelve (12) months of such calamity and completed within eighteen (18) months of initiating restoration.

(j)

Nothing contained in this Code shall require any change in the plans, construction, alteration, or designated use of a building for which construction work has commenced prior to the adoption of this Code, except that if the designated use shall be nonconforming, it shall be discontinued if not in operation within two (2) years.

(k)

In any district where permitted, a single family dwelling and customary accessory structures may be erected on any single lot of record which exists as such at the time of adoption of this Code. This provision shall apply even though such lots fail to meet the requirements of the district in which it is located for area, or width, or both, provided, however, that the requirements of the district for minimum setback dimensions shall be met unless a variance to said requirements has been granted by the Board of Adjustment.

(Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))