1. Subchapter 9.02, Standardized Development Approval Procedures, establishes standardized procedures that apply to all development applications.
2. Subchapter 9.03, Administrative Permits and Procedures, sets out the standardized procedural requirements for development applications that require administrative approval.
3. Subchapter 9.04, Public Meeting: Permits and Procedures, sets out the standardized procedural requirements for development applications that require reviews and approval by the Planning and Zoning Commission and the Village Council, respectively.

1. The administrative permits required by this UDC are set out in Subchapter 9.02, Administrative Permits and Procedures.
2. Table 9.01.02, Administrative Permits and Procedures, below, is provided for cross-reference purposes and does exempt an application from compliance with all UDC requirements and additional development permits required by state or federal law, or other codes and ordinances of the Village.

1. Applications requiring a public meeting or public hearing are as set out in Subchapter 9.04, Public Meeting: Permits and Procedures and are summarized in Table 9.01.03, Public Meetings: Permits and Procedures, below.
2. Applications shall comply with all UDC and other Village requirements, applicable El Paso County requirements, and all requirements of State and federal law. Standards in Table 9.01.03 are provided for cross-reference purposes only and do not exempt any or all other requirements found in this UDC or the Village Code.

1. A public hearing determination is issued by either the Planning and Zoning Commission or Village Council during a public meeting.
2. The Planning and Zoning Commission, during a public meeting or public hearing, shall make a recommendation of approval, conditional approval, or denial to the Village Council, continue the application, or approve or deny those applications where it has final decision power.
3. The Village Council, during a public meeting or public hearing, will approve, conditionally approve, or deny the application at the conclusion of the public meeting or public hearing process, or continue action on the request.​ 

1. Development applications may not be processed until a complete submittal is filed. 
2. Application completeness shall be determined no later than five business days after an application is submitted.
3. A complete application must be received 30 days prior to a Commission meeting to allow adequate review time.

1. Incomplete applications shall be returned to the applicant.
2. An application that does not include the application fee is automatically incomplete.
3. Incomplete applications are not considered prior a complete filing.
4. The starting date of development processes subject to statutory review requirements, such as a plat, is not initiated until the date in which a complete application is filed, 30 days in advance of a Commission meeting. Applications that are made complete less than 30 days prior to a Commission meeting are automatically deferred to the next regularly scheduled Commission meeting.  

1. ​The Development Administrator shall provide review comments to the applicant and may schedule a DRC meeting;
2. Resubmitted plans shall be reviewed for compliance with staff and referral agency comments; and
3. Plats that do not comply with the UDC shall be designated as incomplete and an "Inactive Application", upon the written request of the owner, or forwarded to the Commission and Council with a staff recommendation for denial for failure to comply with the UDC.

1. Applications allowing administrative approval shall be approved or approved subject to conditions; and
2. Applications requiring a public meeting or hearing shall be scheduled for meetings and a staff report and recommendation prepared.

1. An application becomes an "inactive application" for failure to comply with all UDC requirements, preventing it from being docketed for action or approved.
2. Inactive applications become "stale" after 90 days of the filing of the application if the applicant fails to address staff or referral agency review comments to allow further processing of an application, unless the applicant is actively pursuing action to address comments with staff, in which case the application shall become stale after 180 days of the date when Commission action was originally requested.
3. Stale applications are automatically voided six months after the original date when Commission action was requested if the applicant fails to take action or request an extension of time for cause.
4. If a plat becomes stale and is voided, application fees will not be refunded and a new application and fees are required to file a plat.

1. Prior to the expiration of a stale plat, the application may be extended for up to six months upon written request of the applicant for due cause shown; and
2. If the Village amends the UDC or adopts other regulations during the period of time when the application was inactive or stale, the application shall:
   1. Not be subject to compliance to the new regulations until the original application is considered to be voided; and
   2. The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
3. A stale application shall expire after a six month extension lapses and if an an extension was not requested.

1. Public notice, if required, shall be provided in accordance with the requirements of the Texas Local Government Code (TLGC).
2. Written notice, when required, shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.
3. Table 9.02.06, Required Notice, sets out the specific notice requirement for each type of application where notice is required.​ 

1. The date, time, and place of the hearing;
2. Staff contact and phone number, a description, address, or location of the matter to be heard, and a statement that the public is invited to review and comment on the application.

1. Procedures. All matters pertaining to the conduct of hearings shall be governed by the following procedures:
   1. Any person may appear at a public hearing, submit evidence, and be heard;
   2. If a speaker represents an organization, the Commission or Council may request evidence of that person’s authority to speak on behalf of the group;
   3. Persons appearing at a public hearing shall identify their name and address and similar information about any organization they represent;
   4. Citizens, applicants, and Village staff have the right to present expert witnesses; and
   5. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
2. Prehearing Examination. At any time following public notice, as set out in Sec. 9.02.06, Public Notice, any person may examine the application and all other documents on file with the Village regarding the proposed application.
3. Right to Submit Written Statements. Any person may provide a written statements in support or opposition to the application. Such statements shall be made a part of the public record of the hearing.
4. Representation. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence.
5. Ex Parte Communication. The hearing body and each of its member shall not:
   1. Use or rely on any communication, reports, memoranda, or other materials prepared in connection with the particular case unless they are made a part of the record; nor
   2. Inspect the site by prearrangement with any party to the proceedings, or their representative, unless other parties known to have an interest in the matter are allowed an opportunity to be present.
   3. The conduct of any inspections in which interested parties were involved in any such communication shall be noted in the official record.
6. Decisions.
   1. Except where the UDC or the TLGC provides otherwise, such as zoning variances or a Super Majority for certain Zoning Map amendments, official action requires the favorable vote of a majority of a quorum present;
   2. The concurring vote of 75% of the Village Council members is required when the Council is acting in the capacity of the Board of Adjustment to approve a variance, appeal, or to reverse any order, requirements, decision, or determination or any administrative official, per TLGC 211.009 and 211.010; and
   3. Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
7. Time Limitation for Decisions. Decisions on applications shall be provided in accordance with each specific application set out in Subchapter 9.04, Public Meetings: Permits and Procedures, and applicable State of Texas statutes.
8. Conditions of Approval.
   1. The procedures set out in this UDC authorize the decision making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Plan and the UDC.
   2. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development or shall carry out the general purpose and intent of the Comprehensive Plan and this UDC.
   3. No conditions of approval, except for those attached to variance or minor modification approvals, shall be less restrictive than the requirements of this UDC.
9. Adjournment of Hearing. The body conducting the hearing may at any time adjourn the hearing for a reasonable time, and to a fixed date, time and place, for the purpose of giving further notice, taking further evidence, gathering further information, or for such other reason as the body may find to be sufficient.

1. Request or Motion to Continue. Consideration of an application may be continued upon motion of the Commission or Council, or upon request of the applicant, before a decision is made on the application.
2. Period of Continuation. Should any item before the Commission or Council be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be made to a specific date.
3. Subdivisions.
   1. Due to statutory requirements that require Village action within prescribed time periods, subdivision plats may only be continued at the request of the applicant, in writing.
   2. If a plat fails to demonstrate compliance with the UDC, staff shall recommend denial of the plat, and the applicant may request a continuance for a specific date.

1. If the item before the Commission or Council includes an established statutory number of days within in which a decision must be made, as set out in Subchapter 9.04, Public Meeting: Permits and Procedures,  the decision to approve or deny shall be made within the stated number of days, unless the applicant consents in writing to an extension of the statutory time limit; and
2. If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and be approved or disapproved.

1. When any application listed in Subchapter 9.05, Interpretations, Appeals, and Variances, is denied on its merits, a second application seeking essentially the same action or relief shall not be brought unless substantial new evidence is available showing that a mistake of law or a fact significantly affected the prior denial.
2. When any application listed in Subchapter 9.04, Public Meeting: Permits and Procedures, has been denied on its merits:
   1. A second application seeking essentially the same consideration in the same form, may not be accepted by the Village for a period of six months after an original application is denied. 
   2. The six month rule may be waived by the body who rendered the final denial of the previous application only if a new application is substantially different from the original application, corrects any defects or addresses issues that were significant in denial of the original application, and if the applicant provides a detailed statement justifying consideration of the application.
   3. A second application that is filed more than six months after the denial of a prior application shall be shall be heard on its merits as though a prior application had not been filed.

1. Application submittal / review;
2. The expenses of statutory legal notice, including publication expenses;
3. Reimbursement for extraordinary costs to the Village necessitated by an application for expert technical review or legal advice, such as, but not limited to, civil engineer review, TIA review, or the preparation of a legal instruments; and
4. May stipulate that additional development applications or permits may not be processed by the Village until any outstanding application or review fees or expenses incurred by the Village are paid in full.

1. Consolidation Plat, Minor;
2. Amending Plat, Minor;
3. Minor Plat; and
4. Development Plat.

1. Purpose. A Consolidation Plat, Minor may be filed to combine six or fewer recorded lots or unplatted parcels into a lessor number of platted lots that conform to the UDC to create buildable lots.
2. Prohibited Actions. A Consolidation Plats, Minor, may not:
   1. Remove or modify a recorded covenant, restriction, general plat note, or easement;
   2. Have a material adverse effect on the property rights of other owners in the subdivision;

   3. Relocate one or more lot lines between one or more adjacent lots unless all owners affected by the change join in the application for the Consolidation Plat;

   4. Result in the increase in the number of lots;

   5. Result in public improvements;

   6. Create or modify street rights-of-way or any other municipal or private facilities; or

   7. Involve more than 10 acres of property or six lots (parcels). Consolidated Plats that involve more than 10 acres or six lots are considered to be major plats and are subject to the requirements set out in Sec. 9.04.01, Preliminary Plats and Sec. 9.04.02, Final Plats, respectively.

1. Purpose. An Amending Plat, Minor, may be filed for 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. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
   5. Identify the changed location, changed character, or incorrect location of a monument on the preceding plat;
   6. 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; and
   7. Correct an error in courses or distances of lot lines between two adjacent lots if:

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

      2. Neither lot is abolished; and

      3. Any effected utility providers consent to proposed amendment.

   8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement into a required setback or easement only if;

      1. The owners of all affected lots join in the application for the Amending Plat, Minor; and

      2. If an easement would be affected, all affected utility providers shall consent to the proposed amendment in writing.

2. Limitations.
   1. An Amending Plat, Minor may be filed if:
      1. A parcel of land is subdivided into no more than four parcels;
      2. No new streets, roads, extensions or access easements are proposed to be developed;
      3. No utilities, other than individual service lines, need to be extended to serve the parcels and the necessary utilities are in place immediately adjacent to the parcels;
      4. The resulting lots will be in compliance with all UDC provisions; and
      5. There are no other problems of public concern.
   2. Amending Plats that exceed the limitations in subsection (a) are considered to be Major and shall meet all Final Plat requirements, as set out in Sec. 9.04.02, Final Plats.
3. Submittal Requirements.  Amending Plat, Minor submittals are subject to the submittal requirements set out in Item B.3. Submittal Requirements, above.

Administrative Plat Review Procedures.

1. All Administrative Plats set out above are subject to Development Administrator review and approval.

2. The Development Administrator shall :

   1. Consult with any of the administrative staff, as set out in Subchapter 8.02, Bodies Established;

   2. Determine if the proposed plat complies with the criteria of this Section;

   3. Confirm that:
      1. The Administrative Plat, if approved, will control over the preceding recorded Final Plat without the vacation of that plat; and
      2. That the Administrative Plat is signed by all affected property owners.

1. Approve the Administrative Plat if all requirements of the UDC are satisfied; or
2. Refer the plat to the Commission and Village Council, as set out in Sec. 9.04.01, Preliminary Plats and Sec. 9.04.02, Final Plats, if all requirements for Administrative Plat approval are not satisfied.

1. Adequate public services and facilities are available;
2. Public health and safety precautions from natural and man-made hazards are provided; and
3. The project will comply with the UDC.

1. A site plan is required for:
   1. All new development, redevelopment, and substantial improvement or expansion of:
      1. Multi-family residential;
      2. Manufactured home parks;
      3. Non-residential; and
      4. Mixed use.
   2. Proposed variances; and
   3. The expansion of a building or the intensification of a use.

2. Non-residential and mixed use development requires site plan review and approval prior to the issuance of permits that allow land clearing, site grading, and construction.

1. Upon submitting a complete application, Village staff and referral agencies shall have 20 working days to provide the Development Administrator with review comments;
2. The Development Administrator shall provide the applicant a copy of all review comments and may convene a DRC meeting; and
3. The process shall be completed when all review comments have been addressed.

1. Building Permits.
   1. No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without first obtaining a building permit.
   2. Permits may not be issued until an applicant demonstrates compliance with applicable UDC requirements and all applicable construction codes adopted by  the Village.
   3. When issued, permits shall be valid for a period of 12 months.
2. Placement Permit. No manufactured home or trailer for any purpose may be placed for occupancy at any location without the issuance of a placement permit.
3. Temporary, Special Permit.  A temporary special permit shall be required for the storage of Class A explosives.
4. Business License. A business license shall be obtained prior to the establishment of any business in Vinton, including home occupations.
5. Trade Permits. Before any plumbing, electric, HVAC, and Mechanical improvements begin, the person or contractor proposing such improvements shall obtain trade permits from the Building Official.
6. Bond Requirements.
   1. No permit shall be issues under this chapter to any person, firm, or corporation applying for a permit until such applicant has filed with the Village, the required bond signed by a surety company authorized to do business in Texas. The Village and the person for whom the work is to be done shall be named as co-obligees under such bond. The bond shall provide that the principal and its agents, employees, and subcontractors shall comply with all provisions of this Code and the technical codes and that the principal shall pay damages which are sustained by the Village or by the person for whom the work is done and that are caused by failure of the principal, its agents, employees or subcontractors to comply with the provisions of this Code and the technical codes, and that the principal shall indemnify the Village against all claims arising out of such failure to comply. Bonds shall be issued and maintained for the time period from the issuance of the permit through one year after the date of completion of the work for which the bond was required. The surety shall be acceptable to the Village as to solvency; and if the Village becomes dissatisfied that the surety is solvent, a new bond may be required. In addition, the surety shall be required to notify the Village within thirty days of any termination or cancellation of the bond or any claims paid which reduce the liability under the bond. 
   2. Permit applicants who have provided a bond to the Village in the amount required, for a permit pursuant to the requirements of a section of this Code other than this section, that meets all requirements established in this section, shall not be required to obtain an additional bond but are required to provide a copy of such bond, provided that such bond specifically includes coverage for the permit or permits issued pursuant to this chapter. Permittees who have multiple permits issued pursuant to this chapter are required to provide only one current valid bond for all such permits but may be required to provide a copy of the current bond with each application for a permit.
   3. Contractors under contract with a government agency shall provide the bond required in this section. No bond is required when all of the the work performed pursuant to a permit issued under this chapter to a government agency is performed entirely by the employees of that government agency.

1. All applications for permits shall be accompanied by a schematic or plan, drawn to scale, with dimensions, lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by registered surveyor and complete construction plans.
2. The drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed.
3. Prior to the issuance of a building and trade permits to authorize commencement of construction or continued construction, the following criteria must be met:
   1. Septic systems and food service plans are subject to EI Paso County Health Department approval, licensing, and inspection;
   2. Site plan showing building locations, utility connections, and a grading plan;
   3. Floor plan to scale with dimensions;
   4. Elevations of all four sides of structure;
   5. Wall section showing construction of walls, roof and floor;
   6. Floor plan with plumbing (water, gas, waste and vents);
   7. Floor plan with heating and cooling and electrical (HVAC and power);
   8. Roof framing plan;
   9. Foundation plan and floor framing plans for multi-story buildings; and
   10. Miscellaneous details as determined by the Building Official to ensure code compliance and approval by all referral agencies and utility providers.

1. No premises shall be used or occupied until a CO is issued.
2. A CO shall be applied for coincidental with the application for a building permit, and shall be issued within 10 days by the Building Official upon the completion of the improvements in conformity with the provisions of the UDC and all other applicable regulations of the Village or a referral agency.
3. A CO may be issued for a part of a proposed building or development, or a section thereof, if completed in accord with the terms of the UDC and applicable construction codes.
4. The Building Official may issue a temporary CO contingent upon specific conditions and terms of compliance, for a period not to exceed six months.

1. A site development plan drawn to an appropriate scale showing the locations, dimensions, and elevations of all existing and proposed structures; and
2. All proposed grading site alterations, including fill, and the location of the foregoing in relation to the Special Flood Hazard Areas.

1. Elevation, in relation to mean sea level:
   1. Of the lowest floor, including basements, of all new and substantially improved structures;
   2. To which any nonresidential structure will be floodproofed;
2. A certificate from a registered Texas Professional Engineer or Architect attesting that the nonresidential floodproofed structure will meet the floodproofing criteria of Sec. 6.02, Provisions for Flood Reduction; and
3. Description of the extent to which any watercourse or natural drainage is proposed to be altered or relocated.

1. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
2. The necessity of the facility to a waterfront location, if applicable;
3. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site;
4. The costs of providing government services during and after flood conditions, including the maintenance and repair of streets, bridges, and public utilities;
5. Safe access to and from the property in times of flood for ordinary and emergency vehicles;
6. Compatibility of the proposed use with existing and anticipated development;
7. Danger that materials may be swept onto other lands to the injury of persons and property;
8. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; and
9. Danger to life and property due to flooding or erosion damage.

1. Create the least possible disturbance of terrain and natural drainage conveyance networks;
2. Not result in flooding or erosion; and
3. Be conducted in accordance with all Stormwater Pollution Prevention Plan (SWPPP) Best Management Practices and Texas Commission on Environmental Quality (TCEQ) requirements.

1. The following activities require a Grading Permit:
   1. Any excavation, fill, or land disturbing activity involving an earthwork volume greater than 10 cubic yards;
   2. Construction, paving, or re-paving of any multi-family residential, nonresidential, or mixed use driveway, private street, parking lot, sidewalk, or path;
   3. Construction of any paved or improved hard surface larger than 1,000 square feet in area; and
   4. Construction or installation of any storm sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
2. A copy of the grading permit, SWPPP permit, and an approved set of construction plans shall be on the site during the grading process.
3. Work for which a grading permit has been issued shall not be partially completed and abandoned. Failure to complete grading improvements without just cause that results in potential life safety or health risks, as determined by the Village Engineer, shall constitute abandonment and is a violation of this Section.

1. Grading Permits are not be required under the following circumstances, but they do not relieve the landowner from complying with the requirements of this Section.
2. Persons engaged in grading shall not be required to obtain a grading permit if:
   1. Work will be performed in connection with the construction on a legally platted residential lot, or an unplatted residential tract not exceeding one acre in area, if the work is covered by a valid building permit;
   2. Where the work to be performed is routine agricultural or land management operations necessary for cultivation of the soil of a farm or ranch; and
   3. Where the work is a Village Public Works, or other government agency, such as but not limited to TXDOT, project.

1. An approved grading plan;
2. An approved drainage plan;
3. SWPPP approval and "Notice of Intent" (NOI) ;
4. Evidence that the proposed improvements will adhere to all applicable Best Management Practices for erosion control; and
5. Description of the extent that improvements will be provided to ensure that discharge will not threaten to cause pollution, contamination, or degradation of any State waters or regulated wetlands.

1. The applicant has notified the Village Engineer and Building Official at least five days before beginning any land disturbing activity and submitted a NOI from TCEQ;
2. The applicant has installed and started to maintain all required erosion control measures;
3. The applicant has started to maintain all road drainage systems, storm water drainage systems and other facilities;
4. The applicant has demonstrated how sediment resulting from land disturbing activities will be managed to avoid entry into adjacent surfaces and/or drainage courses;
5. The applicant will allow the Village Engineer or their designees to enter the site to verify compliance or to require additional work to bring the site into compliance with approved permit; and
6. The applicant agrees to submit a revised plans and obtain a new permit if the nature of the project changes from that proposed under the approved permit.

1. The requirements for earthwork are generally fulfilled through application of the requirements of good engineering practices.
2. Earthwork shall be designed by a registered professional engineer licensed to practice in Texas and shall be subject to compliance with an approved grading plan signed and sealed by such a registered engineer, and approved by the Village Engineer, to govern all aspects of the earthwork.
3. Significant earthwork includes, but is not limited to, the grading of large tracts of land, the installation of construction fill, excavations, and work on slopes.
4. Earthwork is subject to compliance with a dust control plan and the implementation of methods to mitigate dust.

1. General liability insurance shall be required as a condition for procurement of a grading permit. However, liability insurance shall not be required for projects less than one acre in size. Procurement and maintenance of such liability insurance policy shall be the sole responsibility of the applicant.
2. The minimum limit of liability shall be $300,000.00, combined, single limit. Such policy certificate shall provide that the insurance cannot be canceled or the limit of coverage reduced without 30 days prior written notice to the Village Engineer.

1. Authorize minor modifications from the requirements of the UDC to provide reasonable accommodations for persons with disabilities;
2. Reduce the minimum required front, interior and street side, and rear yard setbacks in the residential districts, without limit, as required to:
   1. Provide handicap accessible ramps to a dwelling; or
   2. Allow reconstruction of a historically accurate structure.
3. Decrease the minimum separation requirement between a primary residence and an Accessory Dwelling Unit (ADU) provided that:
   1. The ADU is constructed in accordance with all Building, Fire, and Life Safety Code requirements; and
   2. The Building Official and Fire Marshal determine that adequate separation between structure is available to provide adequate and safe fire-fighting coverage to the primary residence and the ADU.
4. Permit any other minor modification from the requirements of the UDC where the UDC expressly states that such discretion is permitted. 
5. Authorize amendments to a Site Plan approved by the Planning and Zoning Commission, Village Council, or Board of Adjustment provided that the amendments are consistent with the intent of the body that approved the original site plan.

1. The power to grant minor modifications should be exercised liberally under circumstances where approval of the minor modification will:
   1. Maximize a property owner’s use of property; and
   2. Better implement the intent of this UDC and the Comprehensive Plan rather than strict adherence to this UDC.
2. The decision to approve, approve conditionally, or deny a minor modification must be based on the ability of the application to establish that the granting of the minor modification would:
   1. Be in the public  interest; and
   2. Would not:
      1. Negatively impact the adjoining property or neighborhood;
      2. Adversely impact the land on which the minor modification is requested and any surrounding properties;
      3. Endanger the health, safety, or welfare of the public;
      4. Be materially detrimental to the welfare of nearby or adjoining neighbors or the public at large;
      5. Unduly tax public utilities or governmental services; or
      6. Materially affect the enjoyment, use, development, or value of any property in the vicinity.

1. The issuance of a permit to allow any major deviation from a Planned Development Site Plan is subject to the requirements set out in Sec. 9.04.10, Planned Development Site Plan.
2. Zoning approval and permits may be issued for minor amendments to a Planned Development Site Plan or Concept Plan, if the minor amendment is approved by the Development Administrator and is consistent with the Minor Amendment Determination Criteria. 

1. An increase in the amount of outdoor area; and
2. Minor adjustments (relating to only a portion of the development, instead of the complete development) for:
   1. Usable floor area, or
   2. The number of dwellings or lodging units.

3. Site and building design amendment will be considered minor changes if:

   1. Outdoor recreational facilities are added;
   2. Outdoor recreational facilities remain the same or are converted from one recreational use to another;
   3. Building elevations or renderings have substantially similar materials and other architectural expressions as those shown on the approved plans;
   4. Building footprints or envelopes are not located any closer to protected uses or a context sensitive location than the original plan;
   5. Proposed perimeter walls or fences are in the same general location or of a comparable type and design as that previously approved;
   6. The open space is in the same general location, is the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect;
   7. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for single-family detached development, lot line homes, townhomes, and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be greater of either the district regulation or any condition or restrictive covenant regulating the setback;
   8. The parking area is in the same general location and configuration; and
   9. Roadway patterns, including ingress-egress points, are in the same general location as the original plan and are no closer to a rear or interior side property line than the original plans, unless such a modification is required due to a site constraint, such as a utility, terrain change, or drainage requirement.

1. Development density and intensity will not materially change, in that:
   1. The number of buildings is not increased by more than 10 percent;
   2. The height of the buildings is the same or less, or increases by less than 10 percent;
   3. The number of units is the same or fewer; and
   4. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area is not changed and the above conditions are met.
2. The proposed changes will not have the effect of creating any noncompliance or nonconformity with the strict application of the UDC that was not previously approved at a public hearing, or of expanding the scope of existing variances, minor modifications, or other approvals such that they would differ to a greater degree from the strict application of the UDC.

1. The Development Administrator, in review of a Planned Development Plan Amendment, shall:
   1. Compare the proposed amendment to the original approval;
   2. Determine if any other amendments have been approved since the original approval; and 
   3. Consider the cumulative impact of all approvals granted.
2. Administrative action shall be documented in a report for the project archive with adequate details to explain why requests were approved or denied and the rationale for  each decision;
3. Additional changes shall be treated as a new application and follow all procedures in this Subsection, evaluated on the cumulative impact with previous amendments; and
4. The Development Administrator reserves the right to refer any amendment application to the Commission and Council when the distinction between a minor or major amendment is not clear.

1. During construction, the Development Administrator and Building Official are authorized to grant adjustments in the location of a principal or accessory building to any position within a construction site envelope consistent with the specified minimum distance between buildings when such adjustments are necessary in light of technical or engineering considerations discovered during construction.
2. Such adjustments shall be subject to the limitations set out below:
   1. Parking and loading areas, access aisles, driveways, sidewalks, walkways and pathways, signs, landscaping, and fences and screening may be adjusted, as necessary, to accommodate changes in building location within the construction site envelope;
   2. Curb cuts and street intersections along public rights-of-way serving the planned development shall not be adjusted except as approved by the Public Works Director, in coordination with the Village Engineer;
   3. The plan for the treatment of the perimeter of the planned development shall not be adjusted as to type or quality of buffer yard elements;
   4. The final gradient of any driveway, access aisle, curb cut or other intersection with a public right-of-way shall not be altered within the first 30 feet from a public right-of-way intersection except as approved by the Village Engineer; and
   5. Surface drainage leaving the site shall not be altered except as approved by the Village Engineer.

1. Approve, approve with conditions, or deny the application; or
2. Determine that a proposed amendment is a Major Amendment and direct the applicant to follow the processes set out in Sec. 9.04.10, Planned Development Site Plan.

Submittal Requirements. The Amended Plats, Major, shall;

1. Be labeled as an Amended Plat, Major;

2. Include a "purpose" statement for the amendment and describe  exactly what has  been  changed on the plat since the original, or previous, plat was approved by the Village and filed at the County;

3. State the specific lots affected as a result of the amended plat and include the original subdivision plat boundary; and

4. Meet all submittal requirements set forth for a Preliminary or Final Plat, as set out in Sec. 9.04.01, Preliminary Plats and Sec. 9.04.02, Final Plats, respectively, including the required number of copies of the plat, a completed application form, and the application fee for an Amended Plat, Major.

Submittal at Applicant's Risk. An applicant, at risk, may file a Final Plat concurrent with an Amended Plat, Major to amend an approved Preliminary Plat. The Commission and Council may only take action on the Final Plat if the Amending Plat, Major, is approved. The Commission and Council are not obligated to take favorable action on the Final Plat if there are issues with the Amended Plat, Major.

Process and Decision. Amended Plats, Major, shall follow all procedural requirements set out in Sec. 9.04.01, Preliminary Plats and Sec. 9.04.02, Final Plats, respectively, depending on the plat type proposed to be amended.

1. the amendment is not a Prohibited action, as listed in Subsection C., above;
2. Would not result in any nonconforming lot, block, structure, or other improvements;
3. The amendments are agreeable to all affected property owners, as attested to by their signatures on the plat;
4. Is agreeable to the affected utility provider(s); and
5. Would comply with all requirements of this UDC and not reverse any condition of approval imposed by the Village Council.

1. Promote public health and safety by ensuring that adequate and code compliant water and sewer facilities are provided in such subdivisions; and
2. Establish Special Criteria, minimum standards, and a process to allow any effected properties to be developed, provided that the development will:
   1. Be in harmony with the general purpose, intent, and character of surrounding lots or nearby lots lawfully platted and recorded;
   2. Not be detrimental to the public health, safety, or the general welfare of surrounding development; and
   3. Result in substantial justice based on the circumstances of the property documented by the applicant.

1. Did not adhere to all applicable subdivision requirements and processes;
2. Do not have a recorded plat;
3. May include properties sold to other owners as a legally platted lot; and
4. Include areas where improvements were required to be designed, approved, and constructed to applicable design standard, and accepted by the public, but were either not constructed by the subdivider or not constructed to required standards in effect, and were never accepted by the public.

1. Application. Applications for the approval of the lot, or group of lots, shall be made in writing by an application signed by all affected property owners stating the specific requirements of the UDC for which special consideration is requested.
2. Documentation of Circumstances. The application be supplemented with information and documentation supporting the request. Required documentation may include, but is not limited, to the following information:
   1. A deed, an affidavit of ownership, or other evidence of ownership of the lot for which approval is requested;
   2. A survey or plat of the lot for which approval is requested, showing existing residences, roads, and utilities;
   3. The name and address of the original subdivider or the subdivider’s authorized agent, if known;
   4. A copy of a dated plat, sales contract, utility records, or other acceptable documentation establishing that the subdivision occurred prior to September 1, 1989; and
   5. Any additional relevant information that describes:
      1. The circumstances of the history of the property;
      2. Any representations made by the original subdivider: and
      3. Other persons involved with the history of the property.
3. Village Council Action. Approval of plats of individual lots may be granted, subject to the limitations of state law, and based on written findings by the Village Council that:
   1. The lot for which approval is requested is within a tract that was subdivided prior to September 1, 1989, and is not owned by the original subdivider;
   2. A plat was required for the subdivision, but has not been filed with El Paso County by the subdivider who was originally legally obligated to file it;
   3. An existing residential dwelling is located on the lot;
   4. Existing water and sewer services which comply with the minimum standards set forth in this UDC are available to the lot, or are scheduled to be available to the lot within six months;
   5. Compliance with the specified sections of the UDC is impractical and that a waiver would not be contrary to the public health and safety; and
   6. Approval is warranted; subject to any conditions or stipulations that Council determines are necessary and appropriate to ensure public health and safety and the general welfare of surrounding property owners, such as, but not limited to:
      1. The dedication of adequate right-of-way;
      2. The dedication of easements;
      3. Recordation of the survey plat; or
      4. Agreement to participate in any project necessary to provide standard Village services to the property. Upon approval by the Village Council and the completion of any required conditions of approval, the Village shall issue a certificate stating that a plat of the residential lot has been reviewed and approved.

1. Initiation of Amendment. The Commission, Council, or Village staff, may initiate a study or propose amendments. Additionally, any person having a proprietary interest in property may make an application for an amendment.
2. Application. A Comprehensive Plan Amendment, if filed by any person having a proprietary interest in any property shall Include an application applying for such amendment and clearly state the requested amendment.
3. Notice of Public Hearings. The Village shall publish notice as set out in Sec. 9.02.06, Public Notice.

1. Purpose. A PDP provides a detailed site layout for the development. Like a Preliminary Plat, the PDP provides the basis for review of a Final Development Plan.
2. Submittal Requirements are set out in Sec. A.02.04, Planned Development Plans.
3. Process.
   1. A PDP requires a public hearing and recommendation by the Commission and a public hearing and decision by the Village Council.
   2. Notice shall be required as set out in Sec. 9.04.09, Zoning Map Amendments.
   3. The Development Administrator may suggest amendments to PDP throughout the review process.
   4. The Council may reserve, or delegate decision-making authority for the FDP to the Development Administrator or the Commission if it determines that the PDP provides sufficient detail to make further review and a public hearing unnecessary and may require that the FDP, or certain elements of the FDP, be subject to Council approval.
4. Review Criteria. The PDP may be approved if it is demonstrated that:
   1. The PDP meets all of the Review Criteria set out in Subsection D.3., above; and 
   2. Proposed public improvements meet the standards of the UDC and VDS.
5. Preliminary Plat. A preliminary plat may be filed concurrently with the PDP application if:
   1. The subdivider, upon submittal of the plat, submits a sworn affidavit agreeing in advance to waive the 30-day statutory plat review; and
   2. The subdivider acknowledges that plat approval is contingent on the approval of the PDP, which is a discretionary Village Council function and the the denial of the PDP provides sufficient ground  to deny the plat, or to accept the withdrawal of the plat.
6. Effect of PDP Decision.
   1. Following the approval of a PDP, the applicant may submit a Final Development Plan (FDP) and a Preliminary or Final Plat.
   2. An approved PDP may be implemented by multiple FDP or Final Plat applications.
   3. If the PDP is denied, the applicant may resubmit an amended PDP addressing the issues cited by the Village for PDP denial. Such a resubmittal will not be considered a "substantially similar" application for the purposes of Sec. 9.02.08, Successive Applications.

1. Purpose. The purpose of the FDP is to finalize the development and provide documentation for recording, which will control future development and use, the Final Plat, and Construction Plans.
2. Submittal Requirements are set out in Sec. A.02.04, Planned Development Site Plans.
3. Process:
   1. The FDP is reviewed using the standard development approval procedures of Subchapter 9.02, Standard Development Approval Procedures;
   2. The FDP may be approved by the Development Administrator or Commission if FDP approval responsibility was expressly delegated by the Village Council at the conclusion of the PDP process;
   3. If the Development Administrator was not delegated FDP approval responsibility, the FDP shall require a public hearing and a decision by the Planning and Zoning Commission; and
   4. If the Council did not delegate FDP approval to the Commission or Development Administrator,  the FDP shall require an additional public hearings and action by the Commission and Council.
4. Effect of Approval.
   1. Upon approval of the FDP, the Final Plat, if applicable, shall be recorded at the office of County Recorder;
   2. Building permits may then be issued to implement the FDP, once all requirements set out in Sec. 9.04.07, Acceptance of Public Improvements, are completed;
   3. Any property owner association created to administer the common land in the planned development shall be incorporated; and
   4. No Certificate of Occupancy shall be issued until the improvements that are set out on the development schedule are constructed and approved or accepted by the Village, or adequate security has been committed pursuant to this UDC, as set out in Sec. 9.04.07, Acceptance of Public Improvements.

1. Major Amendments of Planned Development Plans shall follow the PDP process described in Subsection E., above, with Council stipulating how and who will approve the FDP; and
2. Major Amendments shall be reviewed using the criteria set out in Sec. 9.04.10, Planned Development Site Plans, and the purpose for approving the original Planned Development Plan.

1. The proposed SUP will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
2. Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
3. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to any existing uses;
4. The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and site building placement;
5. The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions; and
6. For unique uses that can result in public benefits that need to be strategically placed due to technological reasons such as wireless telecommunications tower the following question shall be asked: Have the potential impacts to adjoining uses been adequately and reasonably mitigated by site design or conditions of approvals to a degree where the needs of the public can be provided?

1. Large scale integrated developments with multiple uses, multiple shared driveways and share integrated parking, access, and signage to operate as a single large scale entity;
2. Uses, such as, but not limited to a hospital or a business park, that may have multiple buildings, unique signage needs, or are required to have specific signage for regulatory, public health, or safety reasons, as a hospital; or
3. Development where sign character will be integrated with building design, promote traffic safety, or minimize sign clutter.

1. Statement of purpose and need;
2. A detailed list of proposed deviations from the requirements of Subchapter 7.03, Signs, and the rationale for each;
3. Sign location plan for all proposed sign;
4. Building elevations showing  design, colors, and materials and how signage will relate to that design;
5. Sign elevations showing sign height, face area, and design elements integrated with the building design; and
6. Other plans that demonstrate other related design considerations, such as landscaping and lighting plans.

1. Applicants are not required to demonstrate or prove that a hardship exists to justify the approval of a master sign plan, but will assume added burden to justify each degree of deviation from the requirements of Subchapter 7.03, Signs;
2. Master Sign Plans are subject to Planning and Zoning Commission approval by a majority vote. The Commission has the discretion and authority impose any reasonable and appropriate conditions of approval based on how the Master Sign Plan conforms to the Approval Criteria of Subsection D., below; and
3. Findings of Fact shall be adopted by the Commission for all applications detailing how the application complied with, or failed to comply with, the Approval Criteria.

1. Compatibility Required.
   1. The Master Sign Plan shall promote compatibility for all signs within the specific development; and
   2. Architectural theme, materials, and color shall be consistent  with, or complement,  the overall  character  of the development in which the signs are proposed.
2. Size and Height. Signs proposed under the Master Sign Plan shall be no larger than a maximum of 150 percent of the standards of the sign regulations.
3. Integrated Centers.
   1. Integrated developments within a shared or common approved mixed use, commercial, or industrial plat may be included in a Master Sign Plan.
   2. Signs on parcels where an existing Master Site Plan has been established shall govern all signage.
   3. In developments that do not have a Master Sign Plan, a Master Sign Plan may be proposed if the application is signed by all owners.
4. Placement.
   1. Signs proposed under the Master Sign Program shall be placed appropriately in areas visible and readable.
   2. Review of location is considered by traffic movement of surrounding streets, traffic volumes and access points, AASHTO and engineering standards, sign orientation, and topographic features.
   3. Variances from sign placement criteria may only be considered if they will not affect public health or safety, or are required to comply with the requirements of an agency with jurisdiction.
5. Design Integration.
   1. All signs must be integrated with the design of the building and the site development, reflecting the architecture, building materials, and landscape elements of the project.
   2. The  means  of  integrating freestanding signs with the architecture of the building may be achieved through replication of architectural embellishments, colors, building materials, texture, and other elements found in the building design. 
   3. Integration shall also include the use of sign graphics consistent in terms  of  design and method of attachment to buildings or free-standing construction and design.

1. Request for Interpretation.
   1. Interpretations of the UDC or Official Zoning Map may be generated administratively by staff or an applicant.
   2. When requested by an applicant, the application shall specify the Section in question and the facts creating the need for an interpretation.
2. Decision.
   1. Before making a decision, the Development Administrator may require additional facts and information to provide full and proper consideration request.
   2. Within 10 business days of the receipt of a complete interpretation request, the Development Administrator will render a decision and cite the specific precedent, reasons, rationale, and analysis upon which such interpretation was based.
3. Official Record. The Development Administrator will maintain an official record of all interpretations.
4. Appeals of Interpretations. Appeals of a Development Administrator interpretation are to be considered by the Village Council in their role as the Board of Adjustment.
5. UDC Amendment. Based on the final determination, the UDC may need to be amended to clarify the issue. If a recurrence of the issue arises prior to amending the UDC, a consistent interpretation shall be made if the circumstances are generally the same as the previous interpretation.

1. The materials or scenario posed by an applicant, or staff;
2. The Rules of Construction within Sec. 12.01.01, Rules of Construction, of the UDC.
3. The purpose statement for the applicable UDC section that is subject to interpretation; and
4. Pertinent administrative or legislative history.

1. Persons aggrieved by the decision of any officer or department in the  application of the UDC may formally appeal such decision to the Development Administrator. The appeal shall specify the grounds or cause on which the appeal is made.
2. Upon receiving the formal appeal, the Development Administrator shall have 10 business days to consider administrative action on the appeal. The Development Administrator may affirm, reverse, or modify the original decision(s) that relate to the appeal.
3. Upon completion of that review, the Development Administrator shall provide the appellant a letter, sent by certified mail, with a decision on the appeal.
4. Within 30 calendar days of the date of the Development Administrator's decision, that decision may be appealed to the Village Council.
5. The date that begins the 30 day clock for an appeal to the Council is the is the postmark date of a certified letter mailed to the appellant.
6. If such an appeal is filed, the Development Administrator shall provide to the Council all pertinent information constituting the basis and official record upon which the action that is the subject of the appeal was taken.

1. Variances are authorizations to depart from the strict application of the zoning related UDC development standards; and
2. Are granted by the Village Council, in their role as the Board of Adjustment, only if all Variance Approval Standards set out below are met.
3. Subdivision related variances are not subject to the requirements of this Section, and are only considered in conjunction with a plat application.

1. There are special circumstances specific to the property that create an undue hardship to the land that generally does not apply to surrounding properties; such as, but not limited to, its size, shape, area, or topography;
2. Special consideration is necessary to allow an applicant the same right of use enjoyed under this UDC by surrounding properties and same zone district;
3. Consideration is unique to the subject property and would not generally set a precedent for other applications;
4. The hardship was not created by the applicant; and
5. A variance would not be detrimental to any adjacent properties or to public health and safety. 

1. A clear description of each variance requested and the applicable UDC requirement;

2. A site plan or survey depicting the nature of each proposed variances; and

3. Findings of fact describing how the variances satisfy the standards set out in Subsection B., above.

1. In the administration of Subchapter 6.01, Flood Damage Prevention, and Subchapter 6.02, Flood Hazard Reduction, the Village Council may hear and take action on any:
   1. Variance from said Subchapters as set out in this Section; and
   2. Appeal when there is an alleged error in any requirement, decision, or determination made by the Floodplain Administrator.
2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in Subchapter 6.01, Flood Damage Prevention, and Subchapter 6.02, Flood Hazard Reduction.
3. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Subchapter 6.02, Flood Hazard Reduction, have been fully considered. As the lot size decreases below one-half acre, the technical justification required for issuing the variance increases.
4. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
5. Variances shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.
6. Based on the purposes and intent of Subchapter 6.01, Flood Damage Prevention, and Subchapter 6.02, Flood Hazard Reduction, the Village Council may attach conditions to the granting of variance to further the purposes those Subchapters.
7. The Floodplain Administrator will maintain a record of all actions and report granted variances to FEMA upon request.
8. Any person or persons aggrieved by the decision of the Village Council may appeal such decision in a courts of competent jurisdiction.

1. Variances may only be issued upon a determination that a variance is the minimum necessary, considering the flood hazard, to afford relief.
2. Variances may only be issued when the Council determines that:
   1. Good and sufficient cause has been demonstrated; and
   2. A variance will not result in increased flood heights, additional threat to public safety, any public expense, the creation of a nuisance, cause fraud upon the public, or conflict with existing Village ordinances.
3. Applicant receiving variance approval shall be provided written notice stating that the subject structure is permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduction of the lowest floor elevation.
4. Variances may be granted for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use if:
   1. The criteria outlined in  Subchapter 6.02, Flood Hazard Reduction, are satisfied, and
   2. The structure, or other developments, are protected by methods that minimize flood damages during the base flood.