1. Review and conduct public hearings to determine any necessary amendments to this UDC or the Town's Official Zoning Map;
2. Hear and decide appeals submitted from decisions of the Development Review Committee (DRC), and Planning Commission;
3. Make decisions on whether to grant permits as listed in Table 5-B-3, Development Review Procedures Summary Table, based on the standards, as amended, in this UDC; and
4. All of the powers and duties with respect to the administration of the UDC that are not assigned by the Winter Park Home Rule Charter; or to Boards or Commissions created by the Town Council or the Winter Park Home Rule Charter.

1. Public Hearings.
   1. Town Council shall conduct public hearings in accordance with Article IV, Council Procedure, of the Winter Park Home Rule Charter.
   2. Development applications that require approval of an ordinance shall be heard at two (2) public hearings before Town Council (first reading and second reading).
2. Consent Agenda. Town Council may approve development applications, as proposed, on the consent agenda. Applications may be pulled from the consent agenda in accordance with the following:
   1. An application may be pulled by a member of Town Council for discussion purposes. If after discussion, there are no revisions to the application required, the application may be placed back on the consent agenda for approval.
   2. An application may be pulled by a member of Town Council, the applicant, or a member of the public for a public hearing. The application shall then be scheduled for public hearing during the same Town Council meeting if there is sufficient time on the agenda. If there is not sufficient time on the agenda, the public hearing shall be scheduled on the next available Town Council agenda. 
3. Permissible Actions. After closing a public hearing, Town Council shall take one (1) of the following actions by majority vote of the members present:
   1. Approve the development application;
   2. Approve the development application with specific conditions or revisions that are intended to protect the public health, safety, and welfare or to bring the application into conformance with the requirements of this UDC;
   3. Deny the development application based on specific findings and reasons for denial;
   4. Remand the development application to the Planning Commission for further review pursuant to additional guidance from Town Council consistent with this UDC;
   5. Table the development application to a date certain within six (6) months and direct the applicant to make specific revisions to the application; or
   6. Table the development application to a date certain within six (6) months at the request of the applicant.
4. No Majority Vote. If Town Council is unable to reach a majority vote, the application shall be deemed to be denied, except in the case of an appeal, in which case the underlying decision shall remain in effect.
5. Tabling of Application. Development applications shall not be tabled more than two (2) times without applicant consent.
6. Denial. Denial by Town Council shall be final.

1. Establishment. The Board of Adjustment (BOA) is established pursuant to Article VIII, Boards and Commissions, of the Town of Winter Park Home Rule Charter and shall have all powers granted to it by C.R.S. §31-23-201 et seq., as amended, and as specified in Table 5-B-3, Development Review Procedures Summary Table. ​​​​​​
2. Membership.
   1. The BOA shall consist of five (5) members, plus two (2) additional members designated as alternates who shall attend for any reason.
   2. The Town Council may also appoint an alternate member to serve in the event one (1) or more of the appointed regular members are absent.
   3. The Town Council intends for the selection of members to create a BOA that is knowledgeable about the community composed of members:
      1. Who have professional training and/or experience in the fields of architecture, landscaping, engineering, construction, real estate, or finance;
      2. Who are business or property owners; and/or
      3. Who collectively offer a range of expertise that will contribute to informed decision-making.

1. Appeals from decisions of the Director, except those which are heard by the Development Review Committee, Architectural Review Committee, or Planning Commission;
2. Petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land; and
3. Such other matters as may be required by the Town Council or by law.

1. Rules of Procedure. The BOA may adopt rules and procedures as it deems necessary for the proper conduct of its business which are consistent with the rules contained herein, the relevant procedures of Article 5.B, Standardized Development Procedures, the Constitution and statutes of the State of Colorado, and the Constitution of the United States of America.
2. Permissible Actions. After closing a public hearing, the BOA shall take one (1) of the following actions by majority vote of the members present:
   1. Approve the application;
   2. Approve the application with specific conditions or revisions that are intended to protect the public health, safety, and welfare, or to bring the application into conformance with the requirements of this UDC;
   3. Deny the application based on specific findings and reasons for denial;
   4. Table the application to a date certain within six (6) months and direct the applicant to make specific revisions to the application; or
   5. Table the application to a date certain within six (6) months at the request of the applicant.
3. Tabling of Application. Development applications shall not be tabled more than two (2) times without applicant consent.
4. Denial. Denial by the BOA shall be final.

1. Establishment. The Development Review Committee is established as a formal means for Town Staff to review and make recommendations on land development applications submitted to the Town.
2. Membership. The DRC is composed of the Director, Town Engineer, the Director of Public Works, and other staff member or quasi-public entities as deemed necessary by the Director as required to provide necessary feedback on development proposals.
3. Chairperson. The Director shall serve as the Chairperson of the DRC and shall submit such recommendations to the Planning Commission, or other board, committee, or commission as necessary.

1. Review design of development plans, site plans, and plats for conformance with this UDC; and
2. Submit recommendations to the Planning Commission based on the applicant's compliance with the requirements of the UDC as applicable.

Generally. The Town Engineer is charged with enforcing the provisions of this UDC (related to the Town's infrastructure and floodplain requirements) that specifically call for the Town Engineer to be the decision maker or provide administrative support to the Town's decision making body.

Powers and Duties. The Town Engineer is responsible for:

1. Standards and Specifications. Administering the Town's Standards and Specifications for Design and Construction to ensure that the standards that will be applied to the construction of infrastructure that meets or exceed the Town's regulations; and 

2. Floodplain Administrator. Serving as the Floodplain Administrator for the Town to administer and implement the provisions of this Article and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management. Specific powers and duties of the Town Engineer serving as the Floodplain Administrator shall include, but not be limited to, the following:
   1. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's Flood Insurance Rate Map (FIRM) which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first applies for conditional FIRM (conditional letter of map revision) revision through the Federal Emergency Management Association (FEMA).
   2. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.
   3. When Base Flood Elevation (BFE) data has not been provided in accordance with subsection 3-E-5.B of this Article, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Sec. 3-E-5, Standards for Floodplain Development, of this Article.
   4. Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
   5. Notify, in riverine situations, adjacent communities and the Colorado Water Conservation Board (CWCB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
   6. Where interpretation is needed as to the exact location of the boundaries of special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
   7. Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.
   8. Review, approve, or deny all applications for development permits required by adoption of this Article. 
   9. Review permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
   10. Supply the Administrator with originals of all records pertaining to this Article. The Administrator shall:
       1. Serve as official custodian of all records pertaining to the provisions of this Article; and
       2. Maintain and hold open for public inspection all records pertaining to the provisions of this Article.

1. New construction;
2. Modifications and remodels of existing structures;
3. Moved structures into the Town; and
4. Demolition of buildings / structures.

1. General Administration. The Director shall:
   1. Interpret the general intent and/or specific meaning of any portion of the Town's Comprehensive Plan, this UDC, the location of zoning district boundaries, zoning district designations, or other matters relating to the same;
   2. Maintain the UDC and the Zoning Map and all related records and amendments;
   3. Provide public information relating to zoning matters including scheduling meetings of the Planning Commission and Board of Adjustment;
   4.  Undertake reviews, make recommendations, and grant approvals as set forth in this UDC, and particularly as set out in Article 5.E, Site Development and Permit Decisions, and subsection B(3) of this section;
   5. Receive, process, and archive all applications associated with this UDC [See subsection B(4) of this section];
   6. Register and maintain records and maps of nonconforming uses, structures, and sites including nonconforming lots or tracts;
   7. Serve as general liaison and secretary to the Planning Commission and Board of Adjustment; and
   8. Identify code violations and enforce the provisions of this UDC (including revocation of permits) pursuant to Article 1.C, Enforcement, Violations, and Penalties.
2. Inspections. The Director is empowered to enter any building, structure, or premises in the Town upon which, or in connection with which, a development or land use is located, as follows:
   1. The entry shall be for the purpose of inspection to ensure compliance with the provisions of this UDC;
   2. The inspection shall be carried out during business hours, unless an emergency exists; and
   3. The inspection shall be made only after contact with the owner and any tenant of the premises, whose permission for the inspection shall be secured. No inspection without permission shall be undertaken without an order from a court of competent jurisdiction.
3. Recommendations. The Director shall provide recommendations to the Town's governing bodies on the following issues:  
   1. Whether applications that are placed on an agenda of the Planning Commission, Board of Adjustment, and Town Council comply with the requirements of the UDC;
   2. Whether amendments to the Comprehensive Plan or this UDC are advisable to, among other things:
      1. Bring the Comprehensive Plan or this UDC into conformity with existing state and federal requirements;
      2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions;
      3. Implement amendments to the Comprehensive Plan or other adopted planning documents; or
      4. Resolve errors, internal inconsistencies, or other administrative matters.
4. Processing Permits and Applications. The Director, or an appointee, shall:
   1. Promptly issue written permits, resolutions, or orders that reflect the substance of approval granted by the Town pursuant to this UDC.
   2. Provide public notice as may be required by the provisions of Sec. 5-B-8, Public Notice Requirements; and
   3. Set applications on agendas of the Planning Commission, Board of Adjustment, or the Town Council, as appropriate;
   4. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
   5. Manage the processing of applications according to Article 5.B, Standardized Development Review Procedures;
   6. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
   7. Review application materials and verify that applications are complete; and
   8. Receive and log applications for development approval and variances.

Generally. Every request for development approval established by this UDC shall be submitted on a form approved by the Town with the appropriate application fee in accordance with the Town's Schedule of Fees set forth in Title 1, Chapter 8, Section 1 of the Town's Code of Ordinances. 

1. Submittal. For a complete list of required submittal documents for all development applications, refer to the Town’s website. 
2. Liens, Taxes, Assessments, and Debts to Public Entities. No application for a permit or approval will be processed for property that is the subject of outstanding liens, delinquent taxes, delinquent assessments, or any other delinquent debts, fines, or obligations to the Town, County, a school district, or other public-sector entity that provides services to the property.
3. Representation of Facts. It is unlawful for any person to knowingly or willfully misrepresent or fail to include any information required by this UDC on any application. If a development is approved based upon an application that contains misrepresentations or fails to contain material facts required by the application, then the Town shall place a stay or stop-work order on the development or use. This shall remain in place until such time that the approval body receives the required information to its satisfaction.
4. Application Withdrawal. If an applicant withdraws an application that requires a public hearing before the Town Clerk gives notice of the hearing, the Town shall refund a percentage of the fee paid based upon the cost of processing, up to the time of withdrawal. The Town Council shall fix the amount of refund. 
5. Concurrent Review. The applicant may request, subject to the Director's approval, concurrent processing and review of multiple development applications. Concurrent applications shall be discussed during the pre-application conference and a decision made by the Director on concurrent review prior to an application submittal. The expected timeframe for the approval process for concurrent applications may be extended to accommodate necessary review time. Each application for concurrent review shall be reviewed and decided upon separately, based on the standards and criteria in this UDC.
6. Successive Applications.
   1. General Rule. If an application for approval or permit is denied, the Director will not accept a substantially similar application for:
      1. Six (6) months from the date of denial in the case of administrative permits; and
      2. Twelve (12) months from the date of denial for all other approval processes or permits.
   2. Exceptions. The Director may allow exceptions to this Section if the Director finds one (1) of the following to apply:
      1. The application is not substantially similar; or
      2. There has been a material change of circumstances that justifies consideration of a substantially similar application (by way of illustrative example, if a spacing requirement was the reason for the denial, then the use from which spacing is required moved away; or if a geologic hazard was the reason for the denial, then the nature of the hazard has changed or new technologies are available for mitigating it).

1. Continuance by the Applicant - The applicant may request a continuance of any proceeding called for in this UDC.  The continuance can be granted at the discretion of the body holding the public hearing. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.
2. Continuance by Body Holding Public Hearing - Refer to Article 5.A, Administrative Bodies for permissible actions. 

1. Expiration. When an action by the applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall expire and become void:
   1. Six (6) months after the date that the action is requested if the applicant either fails to take action or fails to request an extension of time pursuant to Subsection B(2), below; or
   2. Upon failure to timely provide requested information to make an application complete pursuant to Section 5-B-7, Completeness Review.
2. Extension. The time for expiration of an application may be extended by up to six (6) additional months upon written request of the Applicant before the end of the period set out in Subsection B(1), above.

Generally. This section establishes a legislative process for rezoning or an amendment to the zoning map for a specific property as established and maintained according to Sec. 2-A-3, Official Zoning Map. 

Eligibility to Submit Application. A proposed change of zone district boundaries may be initiated by the Town Council, Planning Commission, or owners of one hundred percent (100%) of the property within the area requested to be changed.

1. An annexation petition in accordance with Article II, Section 30(1)(b) of the Colorado Constitution; 
2. Four (4) copies of an annexation map showing the property to be annexed; and
3. All requirements as applicable per Sec. 5-B-5, Application Requirements.

Fee. See Sec. 5-B-6, Application Fees.  

1. Pre-Application Conference. Prior to filing an application, applicants shall schedule a pre-application conference, as set out in Sec. 5-B-4, Pre-Application Conference.
2. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.
3. ​​​​​​Notification Requirements. Refer to Sec. 5-B-8, Public Notice Requirements.
4. Town Council Action. The Town Council shall review the annexation in conformance with C.R.S., §31-12-107. 
5. Effective Date of Annexation. Refer to the Town's Code of Ordinances, Charter, Article IV, Section 4.9.
6. Annexation Conditions. Any area annexed and zoned shall, at a minimum, be subject to the following annexation conditions:
   1. No Unreasonable Burden. No annexation of land to the Town shall create an unreasonable burden on the Town. The Town may condition the annexation of land upon such terms and conditions as are reasonably necessary to ensure that requirements in the preceding sentence are met. Such terms and conditions may include, without limitation, installation of public facilities or improvements, dedication of land for public improvements and/or open space, payment of fees incidental to annexation, and covenants governing future land uses or restrictions on development of land with slopes of thirty percent (30%) or more.
   2.  Failure to Carry Out Commitment of Annexation. The Applicant for annexation and initial zoning must agree that the Town shall formally consider at a public hearing a change of the area back to the least dense residential zone designation if the Applicant fails to carry out any commitment concerning annexation or fails to commence substantial site improvements of the approved development for the site within three (3) years from the date of annexation.
7. Annexation Agreement. Owners of land petitioning the Town for annexation of their property shall, at the discretion of the Director, enter into an annexation agreement with the Town stating any terms and conditions applicable to said property, prior to the first reading of the annexation ordinance. Upon annexation, such agreements shall be recorded with the Grand County Clerk.

Fee. See Sec. 5-B-6, Application Fees. 

1. Pre-Application Conference. Prior to filing an application, applicants shall schedule a pre-application conference, as set out in Sec. 5-B-4, Pre-Application Conference.
2. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

3. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

4. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC and obtain referral agency comments.
5. Planning Commission Action. After proper public notice, the Planning Commission shall:

   1. Receive a written recommendation from the DRC regarding the minor plat;

   2. Hold a public hearing prior to taking action on the minor plat; and

   3. By majority vote, approve or deny the minor plat as outlined in Sec. 5-A-3(C), Procedures.

6. Post-Approval. The post-approval applicant responsibilities and recording procedures for a final plat, as established in Sec. 5-D-5, Final Plat, shall apply to a minor plat.  

1. Comprehensive Plan. Conformance with the goals, objectives, and policies of the Comprehensive Plan;

2. This UDC. Conformance with the standards of this UDC; 

3. Water Supply. The subdivider has provided evidence that provision has been made for a water supply that is sufficient in terms of quantity, quality, and dependability for the type of subdivision proposed;

4. Sewage System. The subdivider has provided evidence that provision has been made for a public sewage system and, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with State and local laws and regulations;

5. Natural Resources. The subdivider has provided evidence to show that all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, as well as the protection of natural resources and unique landforms, have been identified and the proposed uses of these areas are compatible with such conditions;

6. Drainage. The subdivider has provided adequate drainage improvements;

7. Historical or Cultural Resources. Significant cultural, archeologic, natural, and historical resources, and unique landforms have been protected; and

8. Public Services. Necessary services, including fire and police protection, recreation, utilities, open space, and transportation systems are available to serve the proposed subdivision.

Fee. See Sec. 5-B-6, Application Fees. 

1. Requirement for Final Plat. The preliminary plat process pursuant to this Section is a prerequisite for the final platting process. See Sec. 5-D-5, Final Plat.
2. Pre-Application Conference. Prior to filing an application, applicants shall schedule a pre-application conference, as set out in Sec. 5-B-4, Pre-Application Conference.
3. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

4. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

5. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC and obtain referral agency comments.
6. Planning Commission Action. After proper public notice, the Planning Commission shall:

   1. Receive a written recommendation from the DRC regarding the preliminary plat;

   2. Hold a public hearing prior to taking action on the preliminary plat; and

   3. By majority vote, approve or deny the preliminary plat as outlined in Sec. 5-A-3(C), Procedures.

7. Town Council Action. After proper public notice, the Town Council shall:

   1. Receive a written recommendation from the Planning Commission regarding the preliminary plat;

   2. Hold a public hearing prior to taking action on the preliminary plat; and

   3. By majority vote, approve, approve with conditions, or deny the preliminary plat by resolution, as outlined in Sec. 5-A-2(C), Procedures.

Approval Criteria. The preliminary plat shall be evaluated and may be approved in accordance with the following criteria:

1. Comprehensive Plan. Conformance with the goals, objectives, and policies of the Comprehensive Plan;

2. This UDC. Conformance with the standards of this UDC; 

3. State Statutes. Conformance with any applicable Colorado state statutes;

4. Water Supply. The subdivider has provided evidence that provision has been made for a water supply that is sufficient in terms of quantity, quality, and dependability for the type of subdivision proposed;

5. Sewage System. The subdivider has provided evidence that provision has been made for a public sewage system and, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with State and local laws and regulations;

6. Natural Resources. The subdivider has provided evidence to show that all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, as well as the protection of natural resources and unique landforms, have been identified and the proposed uses of these areas are compatible with such conditions;

7. Drainage. The subdivider has provided adequate drainage improvements;

8. Historical or Cultural Resources. Significant cultural, archaeological, natural, and historical resources, and unique landforms have been protected; and

9. Public Services. Necessary services, including fire and police protection, recreation, utilities, open space, and transportation systems are available to serve the proposed subdivision.

1. Ensure the final plat implements the approved preliminary plat; 
2. Meet the technical requirements for a final plat; and
3. Accompany all required supporting documentation, approvals, and agreements. A preliminary plat may be implemented by more than one (1) final plat, each covering a different phase or area.

Fee. See Sec. 5-B-6, Application Fees. 

Procedure.

1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

2. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

3. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC and obtain referral agency comments. 
4. Planning Commission Action. After proper public notice, the Planning Commission shall:

   1. Receive a written recommendation from the DRC regarding the final plat;

   2. Hold a public hearing prior to taking action on the final plat;

   3. Review the final plat for conformity with the approved preliminary plat, the statement of requirements, and other requirements; and

   4. By majority vote, recommend to approve or deny the final plat as outlined in Sec. 5-A-3(C), Procedures.

5. Town Council Action. After proper public notice, the Town Council shall:

   1. Receive a written recommendation from the Planning Commission regarding the final plat;

   2. Hold a public hearing prior to taking action on the final plat; and

   3. By majority vote, approve or deny the final plat by resolution, as outlined in Sec. 5-A-2(C), Procedures.

6. Disapproval. If the Planning Commission recommends denial of a final plat, it shall prepare a written statement of defects, setting forth all of its reasons for recommending denial. 

7. Required Guarantees. At the Town Council's public hearing, the required guarantees of completion of the roads and improvements shall be provided by the subdivider, as outlined in Sec. 4-B-4, Development Improvements Agreement. 

8. Recording Procedures.
   1. The Applicant shall record all final plats and related documents within one hundred and eighty (180) days of the date of approval at the office of the Grand County Clerk and Recorder. If all required  conditions approved by the Town Council have not been completed, the plat shall be retained by the Director pending such completion.
   2. The Applicant shall submit to the Planning Division prior to recording:
      1. One (1) mylar plat.
      2. Any required documentation in original form to be recorded, including, but not limited to, development improvements agreement; power of attorney; easement or right-of-way dedication not shown on the plat; covenants, conditions and restrictions; evidence of incorporation of homeowners' or property owners' association; and deed(s) conveying property to the association or Town to be recorded.
   3. Within fifteen (15) calendar days following the submittal, the Director shall review the submitted plat and documents and upon completion of the review for accuracy, and if there are no needed changes, the Director shall obtain the applicable signatures of public officials required on the final plat. The Director shall notify the applicant that the plat and other related documents are ready to be recorded. The Applicant shall then record the plat and related documents at the office of the Grand County Clerk and Recorder. A copy of all plats and all related documents with recording reception numbers thereon shall be submitted to the Director. Such recording shall occur within thirty (30) days of the submittal of the final plat and related documents.
   4. Upon recording of the plat, applications for building permits may be submitted in accordance with Sec. 5-E-3, Building Permits. 

1. Density;
2. Land use;
3. Street layout;
4. Area reserved for public use;
5. Any lot line; or
6. Any plat legally recorded prior to the adoption of any regulations controlling subdivisions.

Fee. See Sec. 5-B-6, Application Fees. 

1. Represents a variation from the strict application of the requirements of the UDC; and 
2. Allows for relief from the standards in Chapter 4.A, Subdivision Design, which may be considered concurrently with a preliminary plat, final plat, or resubdivision to address unforeseen circumstances or other difficulties in developing a property under specific provisions of this UDC.

1. Pre-Application Conference. Prior to filing an application, the Applicant shall schedule a pre-application conference, as set out in Sec. 5-B-4, Pre-Application Conference.
2. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

3. ​​​​​​Notification Requirements. Refer to Sec. 5-B-8, Public Notice Requirements.

4. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC and obtain referral agency comments.
5. Planning Commission Action. After proper public notice, the Planning Commission shall:

   1. Receive a written recommendation from the DRC regarding the waiver;

   2. Hold a public hearing prior to taking action on the waiver; and

   3. By majority vote, approve, approve with conditions, or deny the waiver by resolution as outlined in Sec. 5-A-3(C), Procedures.

1. The Applicant has incorporated elements outlined in Article 3.B, Building Material Standards, to compensate for non‐compliance with the standards requested to be waived.
2. The reason for the waiver is based on one (1) of the following:
   1. The particular physical surroundings, shape, or topographical conditions of the subject property; or
   2. Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this UDC. 
3. The waiver requested is the minimum necessary to allow the subject property to be platted feasibly.

Generally. This Section sets out the procedures and requirements for the vacation of plats, streets, rights-of-way, and easements subject to C.R.S. §43-2-301, et. seq., as amended.  

Procedure.

1. Pre-Application Conference. Prior to filing an application, Applicant shall schedule a pre-application conference, as set out in Sec. 5-B-4, Pre-Application Conference.
2. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

3. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

4. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC and obtain referral agency comments.
5. Planning Commission Action. After proper public notice, the Planning Commission shall:

   1. Receive a written recommendation from the DRC regarding the vacation request;

   2. Hold a public hearing prior to taking action on the vacation request; and

   3. By majority vote, recommend to approve, approve with conditions, or deny the vacation request as outlined in Sec. 5-A-3(C), Procedures.

6. Town Council Action. After proper public notice, the Town Council shall:

   1. Receive a written recommendation from the Planning Commission regarding the vacation request;

   2. Hold a public hearing prior to taking action on the vacation request; and

   3. By majority vote, approve or deny by ordinance the vacation request as outlined in Sec. 5-A-2(C), Procedures.

7. Recording of Abandonment. Upon approval of an application by the Town Council, the ordinance of abandonment or the plat shall be recorded at the Office of the Grand County Clerk and Recorder.

Approval Criteria. The vacation of plats, streets, rights-of-way, and easements shall be evaluated and may be approved in accordance with the following criteria:

1. The requested vacation does not conflict with adopted plans or policies.

2. The vacation does not landlock any parcels of land.

3. The vacation does not restrict the access of any parcel so that access is unreasonable or economically prohibitive.

4. The vacation does not adversely impact the health, safety, and/or welfare of the general community, and reduce the quality of public facilities or services provided to any parcel of land, i.e., police and fire protection, accesses, and/or utility services.

Ownership of Vacated Streets. Ownership of a vacated street shall occur in accordance with C.R.S. §43-2-302, et seq., as amended. 

Time Limitation. See Sec. 5-B-13, Expiration of Approvals. ​​

Fee. See Sec. 5-B-6, Application Fees. 

1. Platted Parcel. After construction of the structure and prior to the transfer of property, a condominium plat shall be submitted to the Director and compared with the approved site plan.

   1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

   2. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

   3. Development Review Committee (DRC) Review. The Director may refer this condominium plat to the DRC if they find discrepancies between the condominium plat and the approved site plan. 
   4. Denial. If the Director recommends denial of a condominium plat, they shall prepare a written statement of defects, setting forth all of their reasons for recommending denial. 

   5. Recording Procedures.

      1. The Applicant shall submit to the Planning Division prior to recording:
         1. One (1) mylar condominium plat.
         2. Any required documentation in original form to be recorded, including, but not limited to, development improvements agreement; power of attorney; easement or right-of-way dedication not shown on the plat; covenants, conditions and restrictions; evidence of incorporation of homeowners' or property owners' association; and deed(s) conveying property to the association or Town to be recorded.
      2. Within fifteen (15) calendar days following the submittal, the Director shall review the submitted plat and documents and upon completion of the review for accuracy, and if there are no needed changes, the Director shall obtain the applicable signatures of public officials required on the plat. The Director shall notify the applicant that the plat and other related documents are ready to be recorded. The Applicant shall then record the plat and related documents at the Office of the Grand County Clerk and Recorder. A copy of all plats and all related documents with recording reception numbers thereon shall be submitted to the Director. Such recording shall occur within thirty (30) days of the submittal of the plat and related documents.
2. Unplatted Land. Prior to approval of a site plan for a condominium subdivision the applicant shall create a minor plat as set forth in Sec. 5-D-3, Minor Plat. 
3. Conversion of Existing Structure. Except as modified in this Section, proposed condominium subdivisions involving the conversion of an existing structure to a condominium shall be processed as a platted parcel.

Approval Criteria. The condominium plat shall be evaluated and may be approved in accordance with the following criteria:

1. Yards and Open Space. Yard area or open space area shall be general common elements and not limited common elements, except that outdoor living areas, e.g., individual patios for individual units, may be assigned as a limited common element.

2. Parking. Parking spaces (including garages) may be assigned as limited common elements. The subdivider shall not assign parking spaces in a manner inconsistent with the minimum number of spaces required per unit in Sec. 3-H-3, Required Parking, as limited common element.

3. Fee Title. A condominium or homeowner's association shall own the fee title to the land and structure(s). A third party may not own the fee title to the land or structure(s).

4. Maintenance. Maintenance agreements shall not assign maintenance responsibilities to individual unit owners.

5. Fencing. Access to all common areas by the individual unit owners, including the general common elements, shall not be impeded by fencing.

6. Access. Each unit shall have clear and unimpeded access through the property to and from public roadways and from any designated parking areas.

7. Building Code. All applicable building code requirements shall be met.

8. Conversion of Existing Structure. For structure conversions, where a structure in a single ownership is converted to multiple ownership interests, the following criteria shall be met:
   1. ​​​​​​The conversion of an existing structure to multiple ownership interests shall not be permitted if the use in the structure is nonconforming, or if the minimum lot area required for the use or the number of units included in the structure(s) is not met.
   2. The use or proposed use of the structure is permitted according to Sec. 2-B-1, Use Tables.
   3. The structure complies or is proposed to comply with current building, plumbing, electrical, and fire codes. 
   4. Amenities generally associated with home ownership or condominium living will be provided. Such amenities may include, but are not limited to, common laundry facilities, open space suitable for recreation, clubhouses, meeting rooms, spas, and swimming pools. 

1. Site Plan Approval. The requirements of Sec. 5-E-1, Site Plan, have been satisfied;
2. View Protection Materials. The requirements of Sec. 5-B-11, View Protection Procedure, have been satisfied;
3. Recorded Plat. The subject property is part of a plat recorded with the Grand County Clerk and Recorder; and 
4. Improvements. An all-weather road (class 6 road surface) is constructed to the lot and operating fire hydrants are installed in accordance with Sec. 5-E-1, Site Plan.

Generally. There are different types of temporary uses identified within Sec. 2-B-5, Temporary Uses and Structures, all of which require a permit per the requirements of this Section.

Eligibility to Submit Application. A temporary use permit may be submitted by the owner of the property subject to the temporary use permit or their designated representative.

Submittal Requirements. See Sec. 5-B-5, Application Requirements.

Procedure. 

1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

2. Review and Action. The Director shall review the application and approve, approve with conditions, or deny the application. 

Approval Criteria. In addition to the standards provided for all temporary uses as designated in Sec. 2-B-5(D), Standards Applicable to All Temporary Uses, and each specific temporary use as designated in Sec. 2-B-5.E, Standards Applicable to Specific Temporary Uses, to approve an application for a temporary use permit, the Director shall make an affirmative finding that the following criteria are met: 

1. Duration. The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties; however, in no event shall a temporary use be granted for more than one (1) year.

2. Location. The location of the temporary use or structure shall not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets;

3. Previous Permits. Another temporary use permit application has not been previously received or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion;

4. Safety. 

   1. The size, nature, or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property; and

   2. The applicant has demonstrated that they possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner.

5. Public Services and Infrastructure. 

   1. The temporary use will not result in excessive demands for police, ambulance, fire, or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services; and

   2.  Facilities and services (including sewage and waste disposal, water, gas, electricity, roads and transportation, as applicable) will be available to serve the proposed temporary use or structure while maintaining adequate levels of service for existing development.

6. Parking. Off-street parking shall be adequate to accommodate the proposed temporary use or structure and an acceptable parking plan shall be approved with the temporary use or structure;

7. Tents. Tents and other temporary structures shall be:

   1. Located so as not to interfere with the normal operations of any permanent use or structure located on the property; and 

   2. Anchored and meet the requirements of the Fire Marshal, including fire rating.

8. Natural Resources. The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required buffers, one-hundred (100) year floodplains, and required landscaping, and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or structure;

9. Other Required Permits. The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits;

10. Conditions of Approval. The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use or structure on the site;

11. Signs. All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Sec. 5-E-8, Sign Permit, and removed when the activity ends or permit expires, whichever occurs first;

12. Restoration. Adequate plans are provided to guarantee restoration of the property after the temporary use or structure ceases;

13. Removal. The temporary use or structure is not of a nature that will become impractical to cease or remove over time;

14. Compliance with Regulations. The temporary use shall comply with all applicable general and specific regulations of this Section, Sec. 2-B-5, Temporary Uses, and Structures, and other Town ordinances, and state and federal law unless otherwise expressly stated;

15. Negative Impacts. The temporary use or structure shall not negatively impact properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure. Such negative impacts to consider include, but are not limited to: visual, auditory, vibration, trash, operating hours, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents; and
16. Seasonal Outdoor Sales Permit. In addition to the requirements of Approval Criteria, the Director shall use the following criteria to determine whether a seasonal sales permit will be granted:  

    1. The health, safety, and welfare of the residents of the Town;

    2. The effect on the surrounding neighborhood;

    3. The likelihood of a nuisance being created;

    4. The standards of Sec. 2-B-5.E.5, Seasonal Outdoor Sales, of this UDC are met when the applicant certifies that they understand their  responsibilities under this UDC; and

    5. Any other matters relevant to the inquiry.

Time Limitation. See Sec. 5-B-13, Expiration of Approvals. ​​

Eligibility to Submit Application. A floodplain development permit may be submitted by the owner of the property subject to the floodplain development permit or their designated representative.

Fee. See Sec. 5-B-6, Application Fees.

1. Application Completeness. The Floodplain Administrator shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.
2. Review and Action. The Floodplain Administrator shall review the application and approve, approve with conditions, or deny the application based upon the criteria below.

1. Safety. The danger to life and property due to flooding or erosion damage;
2. Susceptibility. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. Sweeping. The danger that materials may be swept onto other lands to the injury of others;
4. Compatibility. The compatibility of the proposed use with existing and proposed development;
5. Access. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. Governmental Costs. The costs of providing governmental services during and after flooding including maintenance and repair of streets and bridges, and public utilities and facilities;
7. Sediment Transports. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, at the site;
8. Location.
   1. The necessity to the facility of a waterfront location, where applicable; and
   2. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
9. Comprehensive Plan. The relationship of the proposed use to the comprehensive plan for that area.

1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.
2. Review and Action. The Director shall review the application and approve, approve with conditions, or deny the application based upon the criteria below.

1. Peak Time Information. In considering the amount of deduction it should permit, the applicant shall provide adequate information regarding the peak times of operation for all uses proposed in the development, availability of other public or private parking lots, structures, or areas within six hundred feet (600') of the proposed use, availability of remote employee parking in this or other districts where permitted, and any additional factors or studies that may show reasonable cause to reduce the amount of required off-street parking spaces.
2. Parking Study. The Director may request of any Applicant a plan showing all planned or proposed parking spaces and an analysis of the parking demand for the specific uses proposed as stated in Subsec. 3-H-3(H), Special Studies.

Generally. This Section sets out the procedures and requirements for renaming private or public streets. 

Eligibility to Submit Application. A proposed street renaming change may be initiated by the Town or through a street renaming application filed by a citizen or citizens' group. A street renaming at the request of a citizen or citizens' group requires agreement from at least fifty-one percent (51%) of the owners of property whose property has an address assigned to the street name that is proposed to be changed.

1. Filing and Processing.

   1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

   2. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

   3. Agency Review. The Director shall submit the application to Referral Agencies identified in Sec. 5-B-8, Public Notice Requirements, within three (3) days after the application has been deemed complete. Referral agencies have thirty-five (35) days to submit written comments to the Director.
   4. Development Review Committee (DRC) Review. The Director and the DRC shall review the application for compliance with applicable standards of this UDC, the Standards, and obtain referral agency comments within.
   5. Planning Commission Action. After agency and DRC comments have been resolved and proper public notice posted, the Planning Commission shall:
      1. Receive a written recommendation from the Director regarding the proposed site plan;

      2. Hold a public hearing prior to taking action on the proposed site plan; and

      3. By majority vote, recommend to approve or deny the street renaming as outlined in Sec. 5-A-3(C), Procedures.
   6. Town Council Action. The Town Council shall:

      1. Receive a written recommendation from the Planning Commission regarding the proposed street renaming;

      2. Hold a public hearing prior to taking action on the proposed street renaming; and

      3. By majority vote, approve, approve with conditions, or deny the street renaming by ordinance as outlined in Sec. 5-A-2(C), Procedures.

1. Comprehensive Plan. Conformance with the Comprehensive Plan;
2. This UDC. Conformance with the standards of this UDC; and 
3. State Statutes. Conformance with any applicable Colorado state statutes. 

Fee. See Sec. 5-B-6, Application Fees.

Procedures.

1. Application Completeness. The Director shall review the submitted application to determine if the standards of this Section and the requirements of Sec. 5-B-7, Completeness Review, have been fulfilled.

2. ​​​​​​Notification Requirements. See Sec. 5-B-8, Public Notice Requirements.

3. Board of Adjustment Action. The Board of Adjustment shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal and shall reverse or affirm, in whole or in part, the decision being appealed. The Board of Adjustment's decision shall be made in writing within thirty-five (35) days of holding the public hearing. 

4. Appeal of Board of Adjustment Decision. A decision of the Board of Adjustment is final. An aggrieved person may appeal a decision of the Board to a court of competent jurisdiction.

5. Reasons for Modification or Reversal. Any decision by the Board of Adjustment that results in action modifying or reversing the original decision shall describe the specific reasons for the modification or reversal. Action of the Board shall become final immediately.

Appeal Criteria. The Board of Adjustment shall use the applicable review criteria to the decision that is appealed. The Town Council shall review decisions de novo.

Time Limitation. See Sec. 5-B-13, Expiration of Approvals. ​​