(A)

Westminster City Charter Section 4.16 authorizes planning for the use, division and development of land for the general purpose of protecting the public health, safety and welfare, and further that the City is authorized by Part Two of Title 31, Chapter 23, C.R.S., to make, adopt, amend, extend, add to, or carry out a master plan for the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality.

(B)

The adopted Westminster Comprehensive Plan serves as the official policy document of City Council and Planning Commission providing a consistent statement of the City's plan and policies for future development to bring about the City's vision for the future.

(C)

A growth management program that balances growth and the ability of the City to effectively and safely absorb and serve such growth is essential for the preservation of the health, safety and welfare of the citizens of Westminster.

(D)

The provision of municipal services, which relate to the quality of the environment, fiscal soundness, carrying capacities of the utility and transportation systems and other related elements that affect residents of the City, will be negatively impacted by uncoordinated growth within the City if prudent growth management practices are not administered by the City that take into account the following elements:

(1)

The City is nearing its physical build-out and little vacant land remains for development;

(2)

Future development will rely on existing infrastructure and resources, planning for which needs to be closely tied to land uses and development intensity in order to provide adequate public services and maintain quality of life;

(3)

The specificity of the Comprehensive Plan ensures that new development occurs in desired areas and in concert with the City's vision and infrastructure capacity;

(4)

The overall mix and quality of land uses and development impact the City's economic and fiscal base;

(5)

High quality design enhances the public realm and livability of the City's neighborhoods with elements that contribute to a safe environment and stable property values; and

(6)

Maintaining and improving the City's physical and visual composition contributes to the quality of life and economic vitality of the community.

(Ord. No. 3919, § 3, 2-26-2018)

(A)

Adoption of Comprehensive Plan:

(1)

A Comprehensive Plan ("the plan") for the City and any City-initiated amendments thereto shall be referred to the Planning Commission for consideration, and a public hearing shall be scheduled. Notice of the hearing shall be given at least ten days prior to the hearing, such notice to state the date, place, and time of such hearing, and where copies of the proposed plan may be reviewed prior to the hearing. Notice shall be published once in the official newspaper of the City.

(2)

The Planning Commission may consider separate sections of the plan at different hearings over a period of time, and such hearings may be continued from time to time to allow a thorough review by the Commission and the public.

(3)

Within 30 days of taking action, the Planning Commission shall submit its written report and recommendation on the proposed plan, or its individual sections, to the City Council.

(4)

Upon receipt of the report, the City Manager shall schedule a public hearing upon the plan or its sections before the City Council. Notice shall be given at least four days prior to the hearing, in the same manner as required in subsections (B)(1) and (B)(2), above. The Council may consider separate sections of the plan at different hearings over a period of time, and such hearings may be continued from time to time to allow a thorough review by the Council and the public.

(5)

After public hearing and consideration of the recommendations of the Planning Commission, the City Council may, by ordinance, adopt the proposed plan or any of its sections, or the City Council may adopt sections of the plan and reject others, or may send the plan or any sections of it to the Planning Commission for further review and public comment.

(B)

Approval Criteria:

(1)

Plan Contents. The City Council shall evaluate the plan's contents to determine that the following criteria are met:

(a)

The plan identifies goals that are consistent with adopted City policies, plans and regulations;

(b)

The plan is appropriate for future consultation and reference by the City Council, departments, boards and commissions;

(c)

Comments and recommendations from pertinent City departments and referral agencies have been considered; and

(d)

Issues raised by stakeholders that are outside of the City's jurisdiction have been identified.

(2)

Planning Process. The City Council shall evaluate the planning process to determine that the following criteria are met:

(a)

The public was afforded opportunities to participate in the development of the plan;

(b)

Appropriate municipal departments and referral agencies have reviewed the plan; and

(c)

The Planning Commission has properly considered the plan.

(C)

Compliance with the Plan:

(1)

On and after the effective date of the ordinance adopting the Comprehensive Plan, or any section of it, it shall be unlawful for any person to use any parcel of land in any manner not in compliance with the adopted plan or any of its sections.

(a)

This subsection shall not apply to a use established prior to the effective date of the ordinance adopting the plan or any of its sections. "Established prior to the effective date" shall mean that structures or improvements necessary or customary for the use were complete and occupied or ready for occupancy prior to the effective date, or that the structures or improvements were substantially in construction under a valid and unexpired building permit prior to the effective date.

(b)

Any property owner who wishes to change the established use of a parcel shall comply with the plan at the time such use is changed or the property is substantially redeveloped.

(2)

The Planning Manager is authorized to determine whether the use of any parcel is, or is not, in compliance with the plan. The owner of an affected parcel may appeal the decision of the Planning Manager to the City Manager. The City Manager or his designee shall conduct an informal meeting in which the Planning Manager and the owner may express their views. The City Manager or his designee shall consult with the City Attorney's office prior to the informal meeting. The City Manager shall decide the issue within a reasonable time and notify the owner in writing. Decisions made by the City Manager shall be maintained in the records by the Community Services Department.

(D)

Land Use Plan Amendments:

(1)

The City may, from time to time, initiate the amendment of the land use plan of the Comprehensive Plan for any parcel. Any proposed amendment shall be reviewed and adopted, after notice and public hearing, as required in Section 11-5-13, W.M.C.

(2)

The owner of a parcel may request an amendment of the land use designation of the Comprehensive Plan only as to the parcel owned by him/her. Amendments shall be considered as described in Section 11-5-21, W.M.C.

(E)

Enforcement:

(1)

After the effective date of the plan or any of its sections, any use, or construction for such use, other than an established use as defined in Section 11-3-2(C), W.M.C., not in compliance with the adopted plan or any of its sections, is hereby declared to be a public nuisance that may be abated pursuant to the procedures for public nuisances established elsewhere in this Code.

(Ord. No. 3919, § 3, 2-26-2018; Ord. No. 4255, § 7, 7-22-2024)

The City has created and adopted by reference Residential Design Standards to establish criteria for new residential buildings, dwellings, and site development. These standards are intended to establish quality appearance, compatibility of character, variety of design, and enhanced community values. In addition to minimum criteria, electives are also associated with points, of which a minimum number must be chosen to further enhance sound residential planning, architectural quality and landscape design. Retail Commercial and Traditional Mixed Use Neighborhood Development (TMUND) Design Guidelines have also been established with applicability provisions stated therein.

(A)

The Residential Design Standards shall apply to all new residential buildings and dwellings and new residential development plans for construction within the corporate limits of the City.

(B)

All new residential dwelling units and new residential development projects shall comply with all minimum requirements as specified in the Residential Design Standards.

(C)

All new residential builders and development applicants and owners shall agree to provide certain elective items listed in the design standards. The total points associated with the chosen elective items shall meet or exceed the minimum number of elective points required for the project's residential category.

(D)

Exceptions:

(1)

Properties zoned RE, R1, RA, R2, R3, R4 or R5;

(2)

South Westminster Residential Projects, as defined, shall comply with all minimum requirements as specified in the Residential Design Standards and shall not be required to agree to any optional elective requirements;

(3)

SPD—Specific Plan Districts: New residential dwelling units and new residential projects in Specific Plan Districts shall comply with all applicable design standards established in the SPD Plan; and

(4)

Affordable Housing: New residential dwelling units and new residential projects defined as affordable housing shall comply with all minimum requirements as specified in the Residential Design Standards and shall not be required to agree to any optional elective requirements.

(E)

No official development plan, plat, or construction drawings for a new residential dwelling unit or new residential development project shall be approved by City staff without full compliance with this chapter.

(Ord. No. 3919, § 3, 2-26-2018)

(A)

No building permits requiring new utility services shall be issued except in full compliance with the provisions of this chapter.

(B)

Any building permits issued in violation of this chapter shall be void, provided however nothing in this chapter shall alter or affect other requirements of Westminster Municipal Code relative to construction.

(C)

Service commitments are considered issued at the time of building permit issuance.

(Ord. No. 3919, § 3, 2-26-2018)

In-house water conservation shall be mandatory for all structures constructed in the City, as follows:

(A)

Residential Standards: All residential plumbing fixtures shall conform to the most recent version of the City's Plumbing Code.

(B)

Nonresidential User Standards: The following conservation standards shall be mandatory for nonresidential uses:

(1)

All plumbing fixtures shall conform to the most recent version of the City's Plumbing Code.

(2)

Car Wash Recycle. Full water recycling systems shall be mandatory for all commercial car wash facilities hereafter constructed in the City, except for self-service car washes.

(Ord. No. 3919, § 3, 2-26-2018)

Nothing herein shall create any vested rights to any service commitments allocated pursuant to this Code until such time as the service commitment is issued and the building permit inspection requirements of Subsection 11-3-4(C), W.M.C., has been satisfied. Prior allocations remain subject to subsequent rescission, reduction, or reallocation by council as they may deem necessary in the public interest.

(Ord. No. 3919, § 3, 2-26-2018)