CHAPTER 16
Land Use and Development
Article I Zoning
Sec. 16-1-10 Purpose
Sec. 16-1-20 Definitions
Sec. 16-1-30 Districts
Sec. 16-1-40 Application of regulations
Sec. 16-1-50 Single-Family Residence (R-1) District
Sec. 16-1-60 Single-Family and Duplex Residence (R-2) District
Sec. 16-1-65 Townhouse (R-TH) District
Sec. 16-1-70 Multi-Family Residence (R-3) District
Sec. 16-1-80 Mobile Home Subdivision (MH-1)
Sec. 16-1-90 Mobile Home Park (MH-2)
Sec. 16-1-100 Highway Commercial (B-1) District
Sec. 16-1-110 General Business (B-2) District
Sec. 16-1-120 Light Industrial (I-1) District
Sec. 16-1-130 Planned Development (PD) District
Sec. 16-1-140 Mixed-Use (MU) District
Sec. 16-1-145 Agriculture (A-1) District
Sec. 16-1-150 Supplementary regulations
Sec. 16-1-160 Nonconforming uses
Sec. 16-1-165 Temporary structures and uses
Sec. 16-1-170 Board of Adjustment
Sec. 16-1-180 Amendments to Chapter and Official Zoning Map
Sec. 16-1-185 Additional referrals
Sec. 16-1-190 Enforcement
Sec. 16-1-200 Interpretation, conflict with other laws and regulations; waivers
Sec. 16-1-210 Validity
Sec. 16-1-220 Violations and penalties
Sec. 16-1-230 Repeals
Article II Site Plan Standards and Procedures
Sec. 16-2-10 Intent
Sec. 16-2-20 General requirements
Sec. 16-2-30 Application submittal requirements
Sec. 16-2-40 Review procedures and requirements for approval
Sec. 16-2-45 Additional referrals
Sec. 16-2-50 Landscape regulations
Sec. 16-2-60 Lighting standards
Sec. 16-2-70 Parking space requirements
Sec. 16-2-80 Signage requirements
Sec. 16-2-90 Screening standards of mechanical and visible equipment
Article III Subdivision Procedures and Requirements
Sec. 16-3-10 Purpose
Sec. 16-3-20 Control over platting
Sec. 16-3-30 General requirements
Sec. 16-3-40 Sketch plan
Sec. 16-3-50 Preliminary plan
Sec. 16-3-60 Final plat
Sec. 16-3-70 Minor development
Sec. 16-3-75 Additional referrals
Sec. 16-3-80 Replat, vacation, or plat amendment
Sec. 16-3-90 Certifications
Sec. 16-3-100 Guarantee of public improvements
Sec. 16-3-110 Design standards
Sec. 16-3-120 Storm drainage criteria adopted
Sec. 16-3-130 Adequacy of water supply
Sec. 16-3-140 Street Standards and Specifications adopted
Article IV Public Notice Requirements
Sec. 16-4-10 Purpose
Sec. 16-4-20 General provisions
Sec. 16-4-30 Public notice procedures
Article V Vested Property Rights
Sec. 16-5-10 Intent
Sec. 16-5-20 Definitions
Sec. 16-5-30 Creation of vested rights
Sec. 16-5-40 Procedures and requirements
Sec. 16-5-50 Waiver or forfeiture
Article VI Parking Space Requirements
Sec. 16-6-10 Parking space requirements
Sec. 16-6-20 General provisions
Article VII Commercial Mobile Radio Service Facilities
Sec. 16-7-10 Purposes
Sec. 16-7-20 Definitions
Sec. 16-7-30 Standards for all CMRS facilities
Sec. 16-7-40 Freestanding CMRS facilities
Sec. 16-7-50 Building roof or wall-mounted CMRS facilities
Sec. 16-7-60 Pole-mounted CMRS facilities
Sec. 16-7-70 Application and approval procedures
Article VIII Lighting Requirements
Sec. 16-8-10 Purpose
Sec. 16-8-20 Outdoor lighting
Article IX Uses Permitted by Special Review
Sec. 16-9-10 Intent
Sec. 16-9-20 Criteria for approval
Sec. 16-9-30 Limitations
Sec. 16-9-40 Procedure
Article X Land Use Application Fees
Sec. 16-10-10 Intent
Sec. 16-10-20 Payment
Sec. 16-10-30 Process
Article XI Historic Preservation
Sec. 16-11-10 Purpose
Sec. 16-11-20 Town Registry established
Sec. 16-11-30 Designation of historic structures, sites and districts
Sec. 16-11-40 Procedures for designating historic structures, sites and districts for preservation
Sec. 16-11-50 Criteria for designation
Sec. 16-11-60 Review of alterations
Sec. 16-11-70 Exemptions
Sec. 16-11-80 Revocation of designation
Article XII Signs
Sec.
Sec. 16-12-20 Applicability
Sec. 16-12-30 Definitions
Sec. 16-12-40 Prohibited signs
Sec. 16-12-50 Vehicle signs
Sec. 16-12-60 Planned developments
Sec. 16-12-70 Signs on residential lots
Sec. 16-12-80 Signs on nonresidential property
Sec. 16-12-90 Number of signs on nonresidential properties
Sec. 16-12-100 Total permanent sign surface area
Sec. 16-12-110 Illumination
Sec. 16-12-120 Maintenance
Sec. 16-12-130 Visibility
Sec. 16-12-140 Legal nonconforming signs
Sec. 16-12-150 Traffic control signs
Sec. 16-12-160 Sign permits, applications and fees
Sec. 16-12-170 Comprehensive sign plan
Sec. 16-12-180 Removal of illegal or hazardous signs
Sec. 16-12-190 Appeals and variances
Sec. 16-12-200 Violation; penalty
ARTICLE I
Zoning
Sec.
Land use zoning encourages the most appropriate use of land and protects all property against adverse effects of neighboring developments. In general, the public health, safety and welfare are promoted through zoning in the following manner:
(1) Property values are protected in residential areas, since by way of example, factories, gasoline filling stations or other such uses generally cannot locate next to homes and thus make such residences less desirable places in which to live.
(2) Established business areas are protected against the indiscriminate development of business buildings wherever vacant or cheap land exists.
(3) Industrial potentiality is increased by the reservation of adequate land for such use.
(4) The public tax base is stabilized and maintained.
(5) Increased safety against fire and consequent lower fire insurance rates result from the prevention of overcrowding and the segregation of hazardous uses.
(6) Property owners are protected against possible loss of light and air due to the bulk and proximity of neighboring developments.
(7) Where public water supplies are not available, the purity of individual water sources is maintained by adequate lot areas.
(8) Fire-fighting efficiency is aided by the reservation of front, rear and side yards.
(9) Public health is protected from diseases resulting from unsanitary and overcrowded conditions.
(10) Street and highway congestion, safety and construction costs are influenced by off-street parking requirements, specifications for adequate sight distance at intersections and major front yard setback lines.
(11) Utility mains and other public facilities may be more efficiently designed and extended where zoning indicates future land use and densities.
(12) The attractive environment of the Town is protected and enhanced by providing encouragement and incentives for well-designed developments.
(13) It is the intent of the Planning Commission and Restore Elizabeth Historic Advisory Board to encourage the preservation of the historical buildings and structures where it is possible so as to retain the old-time flavor of the Town. (Ord. 01-20)
Sec. 16-1-20. Definitions.
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Chapter shall have the meaning indicated when used in this Chapter. Words, phrases and terms not defined in this Chapter but defined elsewhere in this Code shall be construed as defined elsewhere in this Code. Words, phrases and terms neither defined herein nor elsewhere in this Chapter shall be given usual and customary meanings, except where the context clearly indicates a different meaning. The words shall and will are mandatory and not permissive; the words may and should are permissive and not mandatory.
Accepted, open space. Accepted, when used in regard to open space, shall mean written acceptance upon a recorded plat or other recorded document giving indication of conveyance of land to be used by the public, or for some other use deemed appropriate by the Board of Trustees.
Accepted, roads and streets. Accepted, when used in regard to roads and streets, shall mean written acceptance of the road or street for public use by the Board of Trustees and shall construe the responsibility for maintenance.
Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
Adjacent means all properties with a common point or line to the
subject property and the property which would have a common point or line with
the subject property if a public right-of-way separating the properties were
not there.
Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult bookstore, adult novelty store or adult video store means:
a. A commercial establishment which: (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (2) receives a significant or substantial portion of its revenues from; or (3) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
b. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Subsection a are otherwise met.
Adult cabaret means a nightclub, bar, restaurant or other commercial establishment which regularly features: (a) persons who appear nude or in a state of nudity; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Adult motel means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten (10) hours.
Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
Alley means a public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property and designed as an alley on a final plat.
Applicant means any owner of a right or title in real property in Town who formally requests action on a land use proposal submitted in accordance with this Chapter.
Authorized representative means any individual, partnership or corporation given written authorization by an applicant to process a proposal through the Town.
Block means an area of land within a subdivision which is entirely bounded by streets, highways, natural boundaries or the exterior boundary or boundaries of the subdivision.
Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.
Buffer means a strip of land established to separate and protect one (1) type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space, often in conjunction with a floodplain.
Building means any structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, and not including advertising sign boards or fences.
Building height means the vertical distance from the average finished grade to the highest point of the roof surface. A weighted average on the perimeter of the building may be utilized.
Building line means imaginary lines on a lot delineating the closest points from lot lines, public streets, planning areas or project area boundaries or other applicable perimeter lines, where any main building may be constructed.
Club means an association of persons, whether incorporated or unincorporated for some common purpose but not including groups organized primarily to render a service carried on as a business.
Dedicated land means land area transferred to the Town by deed or other legal method approved by the Town Attorney. Land so transferred and accepted by the Town shall be utilized for public or community purposes, as approved by the Board of Trustees.
Dependent mobile home means a mobile home not containing complete bathroom facilities.
Developer means any person, corporation, joint venture, partnership or other entity which applies to the Town for any of the following services: annexation, zoning, subdivision, site plan, variance or other administrative, quasi-judicial or legislative function of the Town.
Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
Disposition means a contract of sale resulting in the transfer of legal and equitable title to an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.
Dwelling means any building or portion thereof which is used as the private residence of sleeping place of one (1) or more human beings, but not including hotels, motels, tourist courts, clubs, hospitals, mobile homes, or similar uses.
Dwelling, multiple-family means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.
Dwelling, one-family means a detached building designed exclusively for occupancy by one (1) family.
Dwelling, two-family means a detached building designed exclusively for occupancy by two (2) families living independently of each other.
Dwelling unit means one (1) or more rooms in a dwelling, apartment house or apartment hotel designed for occupancy by one (1) family for living or sleeping purposes and having not more than one (1) kitchen.
Easement means an acquired right of use, interest or privilege in land owned by another, which interest is recorded in the real estate records of the County.
Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.
Excavating means the mechanical removal of earth material.
Family means a group of persons related by blood, marriage or adoption, living together normally, but not always consisting of one (1) or two (2) parents and their children, or persons living together in the relationship and for the purpose of guardian, ward or foster family who may not necessarily be related by blood or marriage to the head of the household, or a group of not more than four (4) unrelated persons living together in a dwelling unit, except that a family shall not include more than one (1) individual (or two [2] or more individuals related by blood, marriage or legal adoption), required to register as a sex offender under the provisions of Section 18-3-412.5, C.R.S.
Final plat means the map or plan of record of a subdivision and any accompanying material, as described in Article III.
Grade (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, said ground level shall be measured at the sidewalk.
Grading means the vertical location of the ground surface.
Home occupation means any use conducted principally within a dwelling and carried on by the inhabitants there, without paid assistants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The individual office of a professional man/woman or artist without assistants shall be considered a home occupation, but the conducting of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.
Hospital means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons and including sanitariums, but not including clinics, rest homes and convalescent homes.
Hotel means any building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provision is made for cooking in any individual room or suite.
Kennel means any premises, building or structure in or on which four (4) or more animals of more than four (4) months of age are harbored.
Lot line, front means the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line or the house will be addressed to ensure setbacks may be met.
Lot line, rear means the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.
Lot line, side means any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.
Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.
Nonconforming building means a building, structure or portion thereof conflicting with the provisions of this Chapter applicable to the zone in which it is situated.
Nonconforming use means the use of a structure or premises conflicting with the provisions of this Chapter.
Occupied includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.
Open space means land areas within a subdivision, generally smaller in scale than open lands, which have been left free from structures, parking lots and roads. These types of areas generally benefit the residents or employees of the particular subdivision and usually remain in private ownership. For example, common areas within a condominium project are highly valued by the residents, but have little value to the remainder of the Town.
Owner means a person as defined by this Chapter who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property in question.
Person shall also include association, firm, co-partnership or corporation.
Plat means the
maps and supporting materials of a proposed subdivision, prepared in accordance
with the requirements of this Chapter, and utilized as an instrument for
recording real estate interests with the
Preliminary plan means the map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with Article III to permit the evaluation of the proposal prior to final engineering and design.
Professional office means an office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, realtors, teachers, accountants and others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.
Public facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.
Public water and public sewer facilities means those facilities of a municipality, public utility, nonprofit corporation, sanitation or water or other special district, which are constructed, operated and maintained to provide water or sewerage service and approved by the County Health Officer.
Quasi-public facility means a use or facility owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of programs.
Recreational vehicle means a structure designed for use as a temporary dwelling or sleeping accommodation for travel, recreation and vacation uses, including, but not by way of limitation, travel trailers, self-contained travel trailers, pickup campers, tent trailers and motorized homes.
Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.
Sexual encounter establishment means a business or commercial establishment, that as one (1) of its primary business purposes offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.
Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
Specified sexual activities includes any of the following:
a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.
b. Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, sodomy, sadomasochism or bestiality.
c. Masturbation, actual or simulated.
d. Human genitals in a state of sexual stimulation, arousal or tumescence.
e. Excretory
functions as part of or in connection with any of the activities set forth in
Subsections a through d of this Section.
Site area, gross means total ground area purchased by the present owner, including any proposed portions to be dedicated or improved for public use.
Site area, net means the remaining ground area of the gross site after deleting all portions for public use or public improvement.
Site plan means the plans and supplemental materials, including a grading and drainage plan, a landscape plan and other detailed information, drawn and submitted in accordance with Article II of this Chapter, to evaluate a project prior to issuance of a building permit for multifamily, business, commercial, industrial and planned development projects.
Sketch plan means a map of a proposed subdivision and specified supporting materials drawn and submitted in accordance with Article III of this Chapter to evaluate feasibility and design characteristics at a conceptual state in the planning.
Street means a public thoroughfare which affords the principal means of access to abutting property.
Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.
Subdivision or subdivided land means any parcel of land which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulation applicable to subdivisions of substantially the same density, or the division of any tract of land, lot or parcel into two (2) or more lots, parcels, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership, or to offer for sale or development. Lots, tracts, blocks and other subdivisions shall be designated in accordance with this Chapter.
Subdivision improvement agreement means one (1) or more security arrangements which the Town shall accept to secure the actual cost of construction of such public improvements as are required by this Chapter.
Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (a) before the improvement or repair is started; or (b) before damages occurred, if the structure is damaged.
Use means the purpose for which land or building is designed, arranged or intended, or for which either is or may be occupied or maintained.
Width of lot means the distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.
Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto. (Ord. 00-15 §5; Ord. 01-13; Ord. 01-20)
Sec.
(a) Establishment of Districts. In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:
R-1 Single-Family Residence District
R-2 Single-Family and Duplex Residence District
R-3 Multi-Family Residence District
MH-1 Mobile Home Subdivision
MH-2
B-2 General Business District
I-1 Light Industrial District
PD Planned Development District
MU Mixed Use District
(b) Boundaries. The boundaries of these districts are established as shown on the map entitled "Zoning District Map" of the Town, which map is hereby made a part of this Chapter. District boundary lines are lot lines; the center lines of streets, alleys, highway rights-of-way, railroad rights-of-way or such lines extended; section lines; municipal corporate lines; or other lines drawn to scale on the Zoning District Map. Disputes concerning the exact location of any district boundary line shall be decided by the Board of Adjustment. Where a lot is divided at the time of enactment of this Chapter by subsequent amendments or by a zoning district boundary line, the less restrictive zone requirements may be extended not more than twenty-five (25) feet into the more restrictive zoning district adjacent to such line.
(c) Annexed Territory. Any territory hereafter annexed to the Town of shall be in the R-1, Residence District, until changed by an amendment to this Chapter. Such amendment to this Chapter may take place at the time of annexation, provided that all required hearings have been completed. (Ord. 01-20)
Sec.
Except as hereinafter provided, no building, other structure or land shall be used and no building or other structure shall be erected, reconstructed or structurally altered, except in conformance with the regulations herein specified for the district in which such building is located. (Ord. 01-20)
Sec.
(a) Uses permitted:
(1) One-family dwellings
(2) Public schools, universities, parks, playgrounds, golf courses, churches and church schools and hospitals; provided that for all such uses each principal building is located at least twenty-five (25) feet from all property lines.
(3) Electric transmission and distribution lines, telegraph and telephone lines, telephone exchanges, water reservoirs and gas regulator stations; where no public office and no repair or storage facilities are maintained other than water reservoirs.
(4) Accessory buildings: The total lot coverage of accessory buildings shall not exceed twenty-five percent (25%) of the total square footage of the lot, and the total square footage of any single accessory building may not exceed the total square footage of the dwelling unit’s footprint.
(5) Accessory uses: Home occupations, provided that the total area used for such purposes does not exceed one-third (⅓) the total first floor area of the user’s dwelling unit.
(6) Fences, hedges, walls and trees; provided that each dwelling or use has not more than one (1) identification sign; and that such sign does not exceed one (1) square foot per dwelling or ten (10) square feet for public or semi-public buildings or uses or for the prospective rental or sale of property.
(b) Minimum area of lot:
(1) Per dwelling: nine thousand (9,000) square feet.
(2) Per dwelling unit: nine thousand (9,000) square feet.
(c) Minimum width of lot:
(1) Per dwelling: sixty-six (66) feet.
(2) Per dwelling unit: sixty-six (66) feet.
(d) Minimum side yard:
(1) Principal buildings: seven (7) feet.
(2) Accessory buildings - two (2) feet.
(3) Where abutting a street: all buildings, ten (10) feet.
(e) Maximum height of buildings:
(1) Principal buildings: twenty-five (25) feet.
(2) Accessory buildings: twenty (20) feet.
(f) Minimum front yard: all buildings, twenty-five (25) feet.
(g) Minimum rear yard:
(1) Principal buildings: twenty-five (25) feet.
(2) Accessory buildings: ten (10) feet.
(h) Minimum square footage (inside measured) for dwelling:
(1) One-bedroom: nine hundred (900) square feet.
(2) Two-bedroom: nine hundred (900) square feet.
(3) Three-bedroom: one thousand (1,000) square feet.
(4) Four-bedroom: one thousand two hundred (1,200) square feet.
(All measurements exclude garages, porches and basements.)
(i) Minimum off-street parking: refer to Article VI of this Chapter.
(j) Uses by special review: group homes or group quarters as the terms may be defined under state law. (Ord. 01-20)
Sec. 16-1-60. Single-Family and Duplex Residence (R-2) District.
(a) Uses permitted:
(1) Any use permitted in the R-1 District, subject to all requirements specified for such district unless otherwise stated herein.
(2) Two-family dwellings.
(b) Minimum area of lot:
(1) Per dwelling: nine thousand (9,000) square feet.
(2) Per dwelling unit: nine thousand seven hundred fifty (9,750) square feet.
(c) Minimum width of lot:
(1) Per dwelling: sixty-six (66) feet.
(2) Per dwelling unit: seventy-five (75) feet.
(d) Minimum side yard:
(1) Principal buildings: five (5) feet.
(2) Accessory buildings: two (2) feet.
(3) Where abutting a street: all buildings, ten (10) feet.
(e) Minimum front yard: all buildings, twenty-five (25) feet.
(f) Minimum rear yard:
(1) Principal buildings: twenty-five (25) feet.
(2) Accessory buildings: ten (10) feet.
(g) Maximum height of buildings:
(1) Principal buildings: twenty-five (25) feet.
(2) Accessory buildings: twenty (20) feet.
(h) Minimum off-street parking: refer to Article VI of this Chapter.
(i) Uses by special review: group homes or group quarters as the terms may be defined under state law. (Ord. 01-20)
Sec. 16-1-65. Townhouse (R-TH) District.
(a) Purpose: The purpose of the Townhouse (R-TH) District is to accommodate single-family attached residences at densities that bridge the gap between rental apartment units and single-family homes. The term townhouse, for purposes of this Section, includes duplexes and adjacent units separated by a party wall, but shall not include separate units stacked one (1) above the other. It is the intent of this zoning district that townhouse units be designed and constructed for individual ownership, although rental units are not prohibited.
(b) Uses permitted: townhouses.
(c) Minimum area of lot:
(1) Three thousand (3,000) square feet for end units; and
(2) Two thousand four hundred (2,400) square feet for center units with party walls on each side of the unit.
(d) Minimum side yard:
(1) None between units separated by a party wall.
(2) Ten (10) feet where units are not separated by a party wall and not abutting a street.
(3) Ten (10) feet where abutting a street.
(e) Minimum front yard: All buildings, twenty-five (25) feet; provided, however, that the minimum front yard may include area in common ownership in calculating the minimum front yard.
(f) Minimum rear yard: all buildings, fifteen (15) feet.
(g) Maximum height of buildings: all buildings, twenty-five (25) feet.
(h) Minimum square feet per dwelling: Eight hundred (800) square feet for a one-bedroom dwelling, plus an additional two hundred (200) square feet for each additional bedroom.
(i) Minimum off-street parking: refer to Article VI of this Chapter. (Ord. 03-16 §1)
Sec.
(a) Uses permitted: Any use permitted in the R-1 and R-2 Districts; subject to all requirements specified for such districts unless otherwise stated herein:
(1) Multiple-family dwellings.
(2) Boarding and rooming houses.
(3) Dormitories.
(4) Fraternity and sorority houses.
(b) Minimum area of lot:
(1) Per dwelling: nine thousand (9,000) square feet.
(2) Per additional dwelling unit: fifty (50) square feet.
(c) Minimum square feet per dwelling:
(1) One-bedroom unit: six hundred (600) square feet.
(2) Each additional bedroom: two hundred (200) additional square feet.
(d) Maximum height of buildings:
(1) Principal buildings: twenty-five (25) feet.
(2) Accessory buildings: twenty-five (25) feet.
(3) Principal buildings between fifty (50) feet and one hundred (100) feet in height.
The Board of Trustees can grant a height exception for principal buildings over fifty (50) feet in height but less than one hundred (100) feet if it finds that the proposed building would not block the view of nearby residents; that the proposed exception would result in a more attractive building; and that the proposed building would not reduce the light and air on surrounding properties to the extent that a health hazard would be created. In granting such an exception, the Board shall make a finding of fact based upon the above requirements and this finding of fact shall be included in the official minute book of the Board.
(e) Minimum front yard: all buildings, fifteen (15) feet.
(f) Minimum side yard:
(1) Principal building: five (5) feet.
(2) Accessory buildings: two (2) feet.
(3) Where abutting a street: all buildings, fifteen (15) feet.
(g) Minimum rear yard: all buildings, fifteen (15) feet.
(h) Maximum building coverage: thirty-five percent (35%) of lot area.
(i) Minimum off-street parking: refer to Article VI of this Chapter.
(j) Uses by special review: group homes or group quarters as the terms may be defined under state law. (Ord. 01-20)
Sec.
(a) General requirements. In addition to R-1 requirements, a site development plan meeting all the requirements of Article II of this Chapter shall be a part of each request for rezoning to MH-1 Mobile Home Subdivision. The minimum size parcel for which an application for rezoning to MH-1 Mobile Home Subdivision shall be considered is ten (10) acres, except when the parcel abuts an existing MH-1 subdivision. Connection to public water and public sewer facilities shall be required for each mobile home and other principal use in an MH-1 subdivision. No dependent mobile homes, as defined herein, shall be allowed in a mobile home subdivision.
(1) Uses permitted by right:
a. All uses permitted in R-1.
b. Mobile home subdivisions.
c. Accessory buildings and uses.
(2) Uses permitted by special review:
a. Nursery schools and day care centers.
b. Nonprofit neighborhood recreation centers.
(3) Mobile home subdivision requirements:
a. Minimum lot area: fifteen thousand (15,000) square feet.
b. Minimum lot width: one hundred (100) square feet.
c. Minimum front yard:
1. Abutting a public right-of-way, twenty-five (25) feet.
2. Abutting a private right-of-way, fifteen (15) feet.
d. Minimum side yard:
1. Abutting a public right-of-way, twenty-five (25) feet.
2. Abutting a private right-of-way, fifteen (15) feet.
3. Not abutting a public or private right-of-way, ten (10) feet.
e. Minimum rear yard: ten (10) feet.
f. Maximum building height: twenty-five (25) feet.
(b) Each mobile home subdivision shall be platted according to the procedure specified in this Code and, except as modified herein, shall be subject to all requirements set forth in this Chapter. All mobile homes will be completely skirted within thirty (30) days after being placed in the subdivision. (Ord. 01-20)
Sec.
(a) General
requirements. A site development plan,
meeting all the requirements of Article II of this Chapter, shall be a part of
each request for rezoning to MH-2 Mobile Home Park. The minimum size parcel for which an
application for rezoning to MH-2 Mobile Home Park shall be considered is ten
(10) acres, except when the parcel abuts an existing Mobile Home
(1) Uses permitted by right:
a. Mobile home parks.
b. Accessory buildings and uses.
(2) Uses permitted by special review:
a. Private campgrounds.
b. Nursery schools and day care centers.
c. Nonprofit neighborhood recreation centers.
(3) Mobile home park requirements:
a. Maximum density shall not exceed seven (7) mobile homes per gross acre.
b. No mobile home shall be occupied unless situated on a mobile home space, within a MH-2 zone.
c. Each mobile home space shall contain a minimum area of four thousand (4,000) square feet and shall have a minimum width of forty (40) feet.
d. Each mobile home shall be located a minimum distance of ten (10) feet from each boundary of the mobile home space upon which it is situated.
e. No mobile home shall be located less than twenty (20) feet from an exterior boundary of a mobile home park which abuts a public right-of-way, nor less than fifteen (15) feet from any other exterior boundary.
f. Each mobile home park shall provide a yard not less than twenty-five (25) feet in width along each boundary abutting a public right-of-way; such yards shall be landscaped except for those portions used for ingress and egress. All mobile home units and accessory buildings or uses shall face upon and take access from an interior roadway.
g. Each mobile home park shall have one (1) separate entrance and exit roadway, each of which shall be not less than forty (40) feet wide from flow line to flow line and shall connect to a dedicated public right-of-way not less than fifty (50) feet in width, and which shall be hard surfaced with asphalt or concrete in the event that Town does the same.
h. Interior roadways shall be not less than thirty-six (36) feet wide from flow line to flow line, except that when such roadways are restricted to one-way traffic or when two (2) off-roadway parking spaces are provided on each mobile home space, interior roadway widths may be reduced to thirty (30) feet. All private interior roadways and driveways shall be hard surfaced with asphalt or concrete in the event that Town does the same.
i. Minimum off-street parking: refer to Article VI of this Chapter.
j. A storage area for trailers of all types, boats, detached pickup campers, motor homes, etc., shall be provided in an amount equal to one hundred (100) square feet per mobile home space. Such storage area shall be hard surfaced and be screened from view by a solid fence not less than six (6) feet in height in the event that Town does the same.
k. An area or areas amounting to not less than ten percent (10%) of the gross area of the mobile home park, excluding any area dedicated as public right-of-way, shall be provided for recreation use. Such areas shall not include any area designated as a mobile home space, storage area or required yard.
l. All public utilities within the mobile home park shall be underground.
m. Service, utility and recreation buildings and appurtenances, garbage and trash containers, rodent and insect control, and water and sewage provisions must comply with all regulations of the State, County and Town.
n. Maximum height of any building shall be twenty-five (25) feet.
o. All trash, refuse and storage shall be kept in closed containers or within a building or area enclosed by a solid fence at least six (6) feet in height.
p. Wheels may be removed from mobile homes, but running gear may be removed only for a reasonable period of time for repair purposes.
q. No permanent addition or any kind shall be built onto, nor become part of, any mobile home. Skirting of a mobile home is required, but such skirting shall not attach the mobile home permanently to the ground, provide a harborage for rodents or create a fire hazard.
r. No trailer of any type, boat or detached pickup camper shall be kept, stored or parked on any public right-of-way or private roadway within a mobile home park for more than twenty-four (24) hours.
s. Walkways not less than thirty (30) inches in width shall be provided from mobile home spaces to service buildings and on both sides of all streets within a mobile home park. Such walkways shall be hard surfaced with asphalt or concrete and lighted at night with a minimum illumination of at least six-tenths (0.6) foot-candle. Twenty-five-watt lamps at intervals of not more than one hundred (100) feet shall meet requirements.
t. Every mobile home park shall provide sanitary facilities for emergency use in a service building or office building; such facilities shall consist of at least one (1) flush-type toilet and one (1) lavatory and be accessible twenty-four (24) hours per day.
u. Exposed ground surfaces in all parts of a mobile home park shall be hard surfaced with asphalt or concrete or other solid material, or shall be protected with crushed fine, small stones or vegetative growth which will prevent soil erosion and eliminate dust.
(4) Mobile home park development plan. Before issuance of a building permit, the applicant must apply for and receive approval from the Town of a mobile home park development plan. Such plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet in India ink or other equally substantial solution on tracing cloth or Mylar with outer dimensions of twenty-four (24) inches by thirty-six (36) inches. The plan shall be complete in detail showing the following:
a. Title, scale, north arrow and date;
b. Legal description of property, together with a complete reference to the book and page of records of the County;
c. Primary control points, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data shall be referred;
d. Location and description of monuments;
e. Certification of title showing that the applicant is the land owner;
f. Statement by owner dedicating public rights-of-way and any sites for public use, and deeding development rights to the Town for the areas designated for recreation use by residents of the park; acceptance of these development rights by the Town shall not mean that the Town accepts responsibility for developing and maintaining the recreation areas. The owner retains that responsibility;
g. Certification by surveyor or engineer certifying to accuracy of survey and plan;
h. Certification for approval by the Planning Commission and the Board of Trustees;
i. One (1) of the following assurances concerning required improvements: a bond or certified check available to the Town in sufficient amount to guarantee completion of all required improvements; protective covenants to the effect that no mobile home space may be rented until required improvements are constructed; or such other written statement as may be approved by the Board of Trustees giving full assurance that required improvements will be completed;
j. Tract boundary lines and right-of-way lines of bounding and interior streets dedicated to or to be dedicated to the public with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;
k. Location, dimensions and purpose of any easements;
l. Number to identify each mobile home space;
m. Purpose for which sites, other than mobile home spaces, are dedicated or reserved;
n. Location, names and paving width, flow line to flow line, of each interior street or roadway and each access street or roadway;
o. Location and width of walkways;
p. Location and dimensions of mobile home spaces, recreation areas, storage areas and sites for other uses, and off-street parking spaces;
q. Proposed finished grade shown in contour intervals not to exceed two (2) feet;
r. Location, material (or species) and height of all walls, fences and screen plantings;
s. Location of all outside facilities for waste or refuse storage and description of their enclosures;
t. Location of each structure, the use or uses to be contained therein, maximum height and approximate location of entrances and loading points, not including mobile homes;
u. Provisions for the lighting of roadways and walkways;
v. Location, height, size, orientation and illumination of all signs;
w. Type of surfacing material to be used in each area of the mobile home park;
x. Drainage plan showing existing and proposed installations (channels, culverts, inlets, etc.) and discharges (cfs with calculation sheets) that may affect adjacent lands;
y. Complete road or intersection plans where modifications or additions to the public road system are proposed;
z. Proposed treatment of potential floodplain areas including construction plans and supporting data as required; and
aa. Such other information as may be requested by the Building Inspector, Fire Inspector, Community Development Director, Health Officer or Town Engineer to enable him or her to determine that the proposed mobile home park will comply with all requirements. (Ord. 01-20)
Sec. 16-1-100. Highway Commercial (B-1) District.
(a) Uses permitted:
(1) Service station.
(2) Auto repair garage.
(3) New and used car lot.
(For Subsections (1) through (3) above: Nonoperative automobiles will not be allowed to be stored on the property unless their storage is in conjunction with a business engaged in the repair of automobiles.)
(4) Restaurant and lounge.
(5) Trailer sales and service.
(6) Motel.
(7) Recreation facilities, such as bowling alleys, miniature golf or golf driving range.
(8) Plant or tree nursery.
(9) Professional, commercial or business office.
(10) Hospital for animals, including boarding and lodging, provided that there shall be no open kennels maintained and provided that all facilities will be in buildings designed to minimize the sound escaping to outside areas.
(11) Car wash.
(12) Drive-in restaurant.
(13) Garden shop.
(14) Mortuary.
(15) All uses which are permitted in the General Business District, with the sole exception of sexually oriented business, which shall not be allowed in the Highway Commercial District.
(b) Maximum height of buildings: thirty-five (35) feet.
(c) Maximum building coverage: fifty percent (50%) of lot area.
(d) Minimum unloading area: for buildings in excess of three thousand (3,000) square feet in area, an unloading area of at least twelve (12) feet by thirty (30) feet shall be provided on the lot adjacent to the alley. However, this requirement can be waived if a portion of the off-street parking area is designed to function in a safe and attractive manner as the unloading area. The area used for unloading shall not be used to meet the off-street parking requirements.
(e) Minimum off-street parking: refer to Article VI of this Chapter.
(f) Any and all construction within this district shall be in accordance with an approved site development plan as is more specifically described in Article II of this Chapter. (Ord. 01-20)
Sec. 16-1-110. General Business (B-2) District.
(a) Permitted uses:
(1) Retail stores, sales and display rooms and shops.
(2) Business service establishments.
(3) Offices.
(4) Hotels and motels.
(5) Financial institutions.
(6) Eating and drinking establishments.
(7) Amusement and recreation establishments and areas.
(8) Wholesaling, exclusive of manufacturing.
(9) Business schools, studios and vocational schools, not involving processes of a heavy industrial nature.
(10) Clubs and lodges.
(11) Churches and other religious institutions.
(12) Public buildings and lands.
(13) Parking lots and parking garages.
(14) Service and sales establishments for automobiles, including body repair and used car lots but not including storage of junked or wrecked automobiles or trucks.
(15) Transportation terminals other than truck terminals.
(16) Personal service establishments which are hereby defined as businesses in which the sale of merchandise is a very small proportion of the total receipts of such business.
(17) Computer design-generated CAD-CAM operations not involving heavy industry.
(18) Sexually oriented businesses:
a. Sexually oriented businesses shall be located a minimum of three hundred (300) feet from any:
1. Area zoned for residential use;
2. Single-family, two-family or multi-family dwelling;
3. Church;
4. Licensed day care facility;
5. School or educational facility serving persons age eighteen (18) or younger.
b. Sexually oriented businesses shall also be located a minimum of one hundred (100) feet from any other sexually oriented business.
c. Distance
between any two (2) sexually oriented businesses shall be measured in a
straight line, without regard to intervening structures, from the closest
exterior structural wall of each business.
Distance between any sexually oriented business and any church, school,
day care facility, dwelling unit or residential district shall be measured in a
straight line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as part of the premises where
the sexually oriented business is conducted to the nearest property line of the
premises of a church, school, day care facility or dwelling unit, or the
nearest boundary of a residential district.
d. Sexually
explicit advertisements or other promotional displays for sexually oriented
businesses that are harmful to minors shall not be visible to minors from
pedestrian ways, walkways or other public areas.
(b) Maximum height: thirty (30) feet.
(c) Minimum front yard: A minimum front yard of twenty-five (25) feet from the property line shall be required unless at least thirty (30%) percent of the lots in the affected block are built upon, in which case the average front yard of the existing buildings will apply.
(d) Minimum unloading area: For buildings in excess of three thousand (3,000) square feet in area, an unloading area of at least twelve (12) feet by thirty (30) feet shall be provided on the lot adjacent to the alley. However, this requirement can be waived if a portion of the off-street parking area is designed to function in a safe and attractive manner as the unloading area. The area for unloading shall not be used to meet the off-street parking requirements.
(e) Minimum off-street parking: refer to Article VI of this Chapter.
(f) Maximum building size and coverage:
(1) The maximum building size for any structure within the General Business District shall be less than twenty-five thousand (25,000) square feet in size; provided, however, that structures in excess of twenty-five thousand (25,000) square feet may be permitted in a PD district, as set forth in Section 16-1-130 of this Chapter.
(2) Subject to the limitations contained in Subsection (1) above, the maximum building coverage permitted in the General Business District shall be fifty percent (50%) of the lot area. (Ord. 01-20)
Sec. 16-1-120. Light Industrial (I-1) District.
(a) Permitted uses: Any kind of scientific research, manufacturing, compounding, assembling, processing or treatment of products, distribution centers, food and beverage processing, computer-generated CAD and similar nonoffensive "light" industrial uses, provided that the following limitations are placed on all such uses:
(1) All permitted principal uses shall be operated primarily within an enclosed structure;
(2) Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined to the premises of the lot upon which such use is located;
(3) Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compressed gravel or equivalent surfacing; and
(4) Outdoor storage areas shall be concealed from view from abutting streets and highways, and from adjoining residential zoning districts.
(b) Accessory buildings and uses:
(1) Maximum height of buildings: thirty (30) feet.
(2) Maximum lot coverage: fifty percent (50%) of lot area.
(3) Minimum front yard: twenty-five (25) feet from the front property line.
(4) Minimum rear yard: twenty (20) feet, which may include one-half (½) the width of the alley.
(5) Minimum side yard: twelve (12) feet.
(6) Minimum unloading area: For buildings in excess of three thousand (3,000) square feet in area, an unloading area of at least twelve (12) feet by thirty (30) feet shall be provided on the lot adjacent to the alley. However, this requirement can be waived if a portion of the off-street parking area is designed to function in a safe and attractive manner as the unloading area. The area used for unloading shall not be used to meet the off-street parking requirements.
(7) Minimum off-street parking: refer to Article VI of this Chapter. (Ord. 01-20)
Sec. 16-1-130. Planned Development (PD) District.
(a) Intent. It is the intent of this Article to identify areas to accommodate innovative approaches to residential, recreational, commercial and industrial land uses. Planned developments are encouraged to bring about innovative approaches to development, creative designs of land uses, preservation of significant natural features within the Town, retention of historic structures and sites, retention of open space, compatibility with overall community objectives, and consideration of environmental concerns.
(b) Definition. Planned development means a tract or parcel of land controlled by one (1) or more landowners, which is developed under a single development plan for either a number of residential units, business, commercial, industrial, educational, recreational uses or any combination of the foregoing. In addition to a development plan, a development guide shall be prepared and the development guide shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the Board of Trustees upon the recommendation of the Planning Commission.
(c) General requirements.
(1) There shall be no minimum area required for any planned development.
(2) Parks, school sites or sites for other public purposes shall be provided as determined by the Planning Commission and the Board of Trustees.
(3) The uses permitted in a planned development shall be those indicated in the development guide.
(4) Planned developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his or her portion of the project in accordance with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.
(5) The general location of all major arterials and collectors shall be shown on the development plan.
(6) Connection to public water and sewer facilities shall be required uses in any planned development.
(7) All utilities shall be placed underground unless they are unable to for engineering reasons.
(8) Structures located along the perimeter of the development must be set back and/or screened in a manner which is recommended by the Planning Commission and approved by the Board of Trustees.
(9) Setbacks and lot sizes required in the individual zoning categories may be modified or varied. Such modifications shall be in accordance with standards and procedures established in the development guide for the proposed planned development.
(10) Any planned development shall submit a development guide which establishes the standards, variations and requirements for the development which may be divergent from the standards of the zoning regulations of the Town. Those conditions established by the development guide and approved by the Board of Trustees shall be recorded and utilized for development and review of the project.
(11) Planned
developments and development guides shall not contain provisions which address
parking requirements, sign control or landscaping requirements. The provisions of this Chapter shall control
planned developments with respect to parking, sign control and
landscaping. Refer to Article VI for
parking requirements, Article XII for sign regulations, and Section
(d) Procedure. The procedure for creating a Planned Development District or for any modification to a development guide or development plan shall be considered a rezoning and shall follow the procedures outlined in Section 16-1-180 of this Chapter.
(e) Inactive developments or inactive land within a development. Any parcel or tract of land which has been granted Planned Development (PD) zoning, or any portion of land within a development which has been granted Planned Development (PD) zoning for a period in excess of three (3) years prior to the effective date of the ordinance granting Planned Development (PD) zoning, and for which no preliminary or final plat has been approved by the Board of Trustees or no public improvements have been constructed or secured for such parcel or tract or portion thereof, shall be required to submit to and receive from the Board of Trustees approval of a development plan amendment which shall comply with all requirements of the Land Development Code in effect at the time of amendment prior to the submission of a preliminary plat, final plat or site plan. The request for an amendment shall follow the procedures outlined in Section 16-1-180. (Ord. 01-20)
Sec. 16-1-140. Mixed-Use (MU) District.
(a) Purpose. The purpose of this zone is to permit a mix of commercial use with residential use under certain limited circumstances in which such mixture is compatible.
(b) Requirements:
(1) Minimum residential unit floor area should not be less than nine hundred (900) square feet for a two-bedroom unit and one thousand (1,000) square feet for a three-bedroom unit.
(2) The residential unit must be contained in the primary building on the lot and may not be a separate building on the lot.
(3) The residential unit must have at least two (2) independent means of access.
(4) The building must meet all site requirements for the General Business District.
(5) A new building shall obtain a commercial water tap and commercial sewer tap. Separate meters for the commercial area and residential area are required.
(c) Permitted uses in commercial portion:
(1) Retail stores, sales and display rooms and shops.
(2) Business service establishments.
(3) Offices.
(4) Financial institutions.
(5) Eating and drinking establishments.
(6) Amusement and recreation establishments and areas.
(7) Wholesaling, exclusive of manufacturing.
(8) Business schools, studios and vocational schools, not involving processes of a light-industrial or heavy-industrial nature.
(9) Churches and other religious institutions.
(10) Personal service establishments which are hereby defined as businesses in which the sale of merchandise is a very small proportion of the total receipts of such business.
(d) Maximum height: thirty (30) feet.
(e) Maximum lot coverage: fifty percent (50%) of lot area.
(f) Minimum front yard: A minimum front yard of twenty-five (25) feet from the property line shall be required, unless at least thirty percent (30%) of the lots in the affected block are built upon, in which case the average front yard of the existing buildings will apply.
(g) Minimum unloading area: For buildings in excess of three thousand (3,000) square feet in area, an unloading area of at least twelve (12) feet by thirty (30) feet shall be provided on the lot adjacent to the alley. However, this requirement may be waived if a portion of the off-street paved parking area is designed to function in a safe and attractive manner as the unloading area. The area for unloading shall not be used to meet the off-street paved parking requirements.
(h) Minimum off-street parking: Refer to Article VI of this Chapter. (Ord. 01-20)
Sec. 16-1-145. Agriculture (A-1) District.
(a) Uses permitted:
(1) Single-family dwellings;
(2) General farming, including grains, fruit, vegetables, grasses, hay, livestock raising and the keeping and boarding of horses;
(3) Greenhouses and nurseries, including both wholesale and retail, provided that products sold are raised on the premises;
(4) Forestry farming, including raising of trees for any purpose;
(5) Riding academies; and
(6) Public parks and other public recreational uses.
(b) Minimum lot area and yard requirements:
(1) Minimum lot: five (5) acres;
(2) Minimum floor space: all structures used for permanent dwelling purposes shall contain a minimum square footage of finished floor area per dwelling unit as mandated by current applicable codes; and
(3) Minimum setbacks: all structures, including buildings, corrals and barns, shall be set back a minimum of fifty (50) feet from all property lines.
(c) Height: No building shall exceed thirty-five (35) feet in height. (Ord. 05-14 §2)
Sec. 16-1-150. Supplementary regulations.
(a) Regulations specified in other sections of this Chapter shall be subject to the following interpretations and exceptions:
(1) Illumination: Refer to Article VIII of this Chapter for illumination.
(2) Flood plan: For the purpose of this Chapter, there are hereby established and designated on the Zoning District Map of the Town "major flood channels" within which no building or other structure are first approved by the Board of Trustees (or Planning Commission) following a public notice as described in Section 16-2-40 and a public hearing related to the following special conditions:
a. No building shall be allowed in a floodplain as determined by FEMA mapping.
b. No building or structure shall be located so as to offer obstruction to the flow of flood water, nor shall it cause lands outside of the natural flood channel to be flooded.
c. No dwellings, schools, churches or other places of public assembly shall be permitted.
d. Storage of materials which could be moved by flood waters shall be prohibited.
Until such time as the Board of Trustees designates "major flood channels" no structure shall be erected within three hundred feet (300') from the centerline of a stream located in any zone district.
(3) Visibility at intersections: No substantial impediment to visibility above two and one-half (2½) feet above ground level shall be created or maintained at street intersections in an R District within a triangular area described as follows:
Beginning at the point of intersection of the edges of the driving surface, then to points twenty-five (25) feet along both intersecting edges, and then along a direct line connecting these points.
(4) Nonoperative automobiles: Nonoperative automobiles will not be allowed in R1, R2, R3, MH-1, MH-2, B1 and B2 Districts unless their storage is in conjunction with a business engaged in the repair of automobiles.
(5) Individual water systems: Where individual water systems are used in place of public water facilities, minimum lot area and minimum lot frontage per dwelling unit shall be subject to approval of the Town Health Officer or his or her authorized representative, but shall not be less than the following requirements:
a. Unsubdivided land, two (2) acres and three hundred (300) feet.
b. Subdivided land, one (1) acre and one hundred fifty (150) feet.
(6) Individual sewerage facilities: No individual sewerage facilities will be allowed in the Town. All new structures and/or uses shall be connected to the Town's sewerage system.
(7) Reduction: No part of any area or frontage required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or frontage required for another building.
(8) Maximum height of buildings, special exceptions: The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level, or to public buildings or structures located more than one (1) foot horizontally from the property line for each foot of building height.
(9) Minimum yards:
a. Reduction: No part of a yard required for any building for the purpose of complying with the provisions of this Chapter shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided herein.
b. Architectural features: Cornices, canopies, eaves or similar architectural features may extend into a required yard not more than two (2) feet.
c. Porches: Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six (6) feet.
d. Fire escapes: Fire escapes may extend into a required yard not more than six (6) feet.
(10) Minimum front yard, major highways: In accordance with the procedure required by this Chapter, there may be established and designated on the Zoning District Map major highways, on which the minimum front yard setback shall not be less than one hundred (100) feet from the highway centerline. Where these requirements may conflict with a front yard, otherwise required in a zoning district, the large front yard setback shall be required, except in the case of identification signs and off-street parking areas which shall not be bound by the major highway setback requirement.
a. Reversed corner lots: The side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings and accessory buildings along such a side street.
b. Public utility facilities: Public utility transmission and distribution facilities may build to within two (2) feet of a side lot line.
(11) Minimum rear yard:
a. Accessory buildings: Permitted accessory buildings may be located in the required rear yard for a principal building.
b. Public utility facilities: Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements.
(12) Minimum off-street parking: Refer to Article VI of this Chapter.
(13) Excavation, grading and erosion control: Refer to the Storm Drainage Design and Technical Criteria as adopted at Section 16-3-120 of this Chapter.
(14) Site plan review:
a. Any and all new construction in all zoning districts (except R1 and MH-2 Districts) shall be in accordance with an approved site development plan as is more specifically described in Article II. Certain exceptions may be made to this requirement as set forth below.
b. Exceptions:
1. Unless otherwise required by this Code, new construction in R2 and R3 Districts may be reviewed "in-house" by the Town staff.
2. The Planning Commission or Board of Trustees may waive their opportunity to review uses that are permitted by right if, after being consulted by the Town staff, they determine the size of the project does not warrant their review.
3. A business which obtains a temporary transient license.
c. New construction is defined as any new permanent building, addition or temporary structure. New construction is also considered a change of use or any remodeling that exceeds fifty percent (50%) of the currently assessed County property valuation, any remodeling that encompasses more than fifty percent (50%) of the existing building floor area or any addition which adds more than twenty-five percent (25%) of additional useable floor area to the existing building.
d. The Town shall refuse to issue any building permit that is contrary to the requirements contained in this Chapter from the date the ordinance codified herein was passed on first reading to the date said ordinance becomes final pursuant to the "pending ordinance doctrine."
(15) Maximum lot coverage: General Business (B2), Light Industrial (LI) and Mixed Use (MU) Districts shall have a maximum building coverage of fifty percent (50%) of lot area.
(16) Prohibiting the use of recreational vehicles as dwelling units within the Town: No recreational vehicle, as defined under Section 16-1-20, shall be used for a dwelling unit, accessory building, home occupation or other use allowed in any zoning district for a period in excess of fourteen (14) days, except when located in an approved campground, or when located in a zoning district in which mobile homes are a permitted use.
(17) No more than one (1) individual (or two [2] or more individuals related by blood, marriage or legal adoption) who is required to register as a sex offender under the provisions of Section 18-3-412.5, C.R.S., shall reside in any dwelling, including group homes or group quarters, within a residential zone.
(b) Buildings are defined as any structure which is used or intended for supporting or sheltering any use or occupancy. (Ord. 01-13; Ord. 01-20)
Sec. 16-1-160. Nonconforming uses.
(a) Except as provided in this Section, the lawful use of any building or land existing at the time of enactment of the initial ordinance codified herein, or of any amendments to this Chapter, may be continued even though such use does not conform to the requirements of this Chapter.
(1) Unsafe buildings: Any nonconforming building or portion thereof declared unsafe by the Building Inspector may be strengthened or restored to a safe condition.
(2) Repairs and maintenance: Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.
(3) Restoration: A nonconforming building which has been damaged by fire or other causes may be restored to its original condition, provided that such work is commenced within one hundred eighty (180) days of such calamity.
(4) Abandonment: Whenever a nonconforming use has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this Chapter.
(5) Changes in use: A nonconforming use shall not be changed to a use of lower or less restrictive classification; such nonconforming use may, however, be changed to another use of the same or a higher classification and, when so changed to a use of a higher classification, shall not thereafter be changed to a use of a lower classification. In no event can a nonconforming use be enlarged upon.
(6) Extensions: A nonconforming use shall not be extended, but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use; however, businesses in R1, R2, R3, MH-1 and MH-2 Districts shall not be extended under any circumstances.
(7) Displacement: No nonconforming use shall be altered, extended or restored so as to displace any conforming use. A trailer house in any district may be replaced with a newer model trailer house or have improvements made to it.
(8) Completion: Any building or structure for which a building permit has been issued prior to the date of enactment of the initial ordinance codified herein may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently prosecuted to completion.
(b) Lots in all districts with residential structures existing as of September 25, 2001, shall be deemed conforming uses. (Ord. 01-20)
Sec. 16-1-165. Temporary structures and uses.
(a) Intent. To provide for the regulation of temporary and seasonal uses and structures.
(b) Temporary structures. The placement of temporary structures within the Town is prohibited except as provided in this Section. Temporary structures, other than temporary vendor carts for short-term special events or temporary vendors for the vending of food and/or beverages exclusively, shall be allowed subject to the following conditions:
(1) Temporary structures shall only be utilized to replace an existing structure being demolished on site while a new, permanent structure on the same site is being constructed.
(2) The temporary structure shall have no greater floor area than the structure it is temporarily replacing.
(3) The temporary structure shall not be placed on site until a building permit has been issued for the new structure.
(4) The applicant, owner, lessee, etc., of the structure shall provide a letter of credit or cash escrow ensuring the complete removal of the structure, site clean-up and site revegetation, once the permit for the temporary structure has expired. In addition, the applicant, owner, lessee, etc., shall enter into an agreement with the Town, authorizing the Town to take possession of the structure and dispose of it upon failure of the applicant to remove the structure in a reasonable period of time.
(5) Exemptions. Temporary tents, air structures or other similar structures, not intended for office, retail, industrial or commercial uses, shall be exempt from the provisions of this Section, subject to all other relevant provisions of this Chapter.
(c) Temporary construction trailers. Temporary construction trailers may be utilized for storage or office uses during the construction of a project within the Town. Construction trailers shall not be placed on site prior to the issuance of a building permit and shall be removed upon issuance of a certificate of occupancy.
(d) Temporary vendor carts. Temporary vendor carts may be allowed when they meet the following criteria:
(1) They provide no service other than the sale of food or beverages in a form suited for immediate consumption.
(2) They are located entirely on private property.
(3) They are no greater than one hundred (100) square feet in size.
(4) They provide a positive impact upon the community as determined by an evaluation of the application against all relevant provisions of this Chapter. These will include, but not be limited to, aesthetics, site design, architectural compatibility and impacts on traffic.
(e) Temporary uses must be located on private property, in commercially zoned districts, and are restricted to:
(1) Christmas tree lots.
(2) Fruit and vegetable stands.
(3) Fireworks stands.
(4) Carnivals, circuses, festivals.
(5) Petting zoos.
(6) Flea markets.
(f) Submittal requirements. Requests for temporary structures or uses shall require the issuance of a permit. Application for a permit shall be accompanied by the following information:
(1) A temporary use permit application.
(2) A plot plan for the site which shall include:
a. All required setbacks for the district in which the temporary use is located.
b. Access to the temporary use and/or structure from a public right-of-way.
c. Dimensions of all existing and proposed structures.
d. Location of required off-street parking and loading areas.
(3) An authorization letter from the legal property owner giving the applicant permission to apply for a temporary use permit.
(4) Permits from the Building Department allowing the construction of required temporary structures and connection to an electrical supply.
(g) Criteria for approval. The Community Development Department shall approve a request for temporary use unless it determines that the temporary use adversely impacts the surrounding properties. For purposes of this Subsection (g), adverse impacts shall include unreasonable noise, odor, traffic or other impacts on surrounding properties inconsistent with the purposes of the Land Development Code.
(h) Permits. Temporary use permits will be issued after Community Development Department review and approval for a period of thirty (30) days. One (1) extension of thirty (30) days may be granted only if the application is made prior to permit expiration. Any denial of a temporary use permit shall be appealable to the Board of Trustees.
(i) Signs. Only one (1) sign will be allowed per temporary use, and shall conform to the provisions of the Town's Sign Code. A sign permit shall be required. (Ord. 02-19 §1)
Sec. 16-1-170. Board of Adjustment.
(a) Powers and duties: The Board of Adjustment shall have the following powers and duties, all of which shall be exercised, subject to the laws of the State and subject to appropriate conditions and safeguards, in harmony with the purpose and intent of this Chapter and in accordance with the public interest and the most appropriate development of the neighborhood:
(1) To hear and decide appeals from, and review, any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by this Chapter.
(2) To authorize upon appeal in specific cases exceptions to the:
a. Minimum area of lot;
b. Minimum width of lot;
c. Maximum height of buildings;
d. Minimum front yard;
e. Minimum side yard;
f. Minimum rear yard;
g. Minimum off street parking: Refer to Article VI of this Chapter; and
h. Square foot requirements.
(b) Procedure: The Board of Adjustment shall hold a public hearing on all applications and appeals with the following special conditions required:
(1) A notice of said hearing shall be published in a newspaper of general circulation with the Town at least fourteen (14) days prior to the hearing date.
(2) For applications for variances of the physical requirements of this Chapter, a written notice of said hearing shall be sent by first class mail at least fourteen (14) days prior to the hearing date to owners of property adjacent to the property in question.
(3) Fees shall be based on the schedule set by the Board of Trustees.
(4) Before any exception or variance is granted, the Board of Adjustment shall include a written finding in its minutes as part of the record in each case, stating specifically the exceptional conditions, the practical difficulties or unnecessary hardship involved.
(5) Unless otherwise stated in the Board of Adjustment minutes, variance permits shall be valid for a period of time not to exceed six (6) months from the time such variance is granted.
(c) Organization:
(1) A Board of Adjustment is hereby established, of which members shall be appointed by the Board of Trustees. The word "Board," when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members. Until otherwise provided, the members of the Board shall serve without compensation.
(2) Each member shall serve for a period of three (3) years, except that of the first appointed Board, one (1) member shall serve for one (1) year and one (1) member for two (2) years. Any member of the Board may be removed for cause by the Board of Trustees upon written charges and after a public hearing.
(3) Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. Associate members of the Board may be appointed for short periods to take the place of any member who may be temporarily unable to act owing to absence from the Town, illness, interest in the case before the Board or any other cause.
(4) The members of the Board shall select their own chairman and appoint a secretary. The services of any Town employee shall be available to the Board. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter. Meetings shall be held at such time as may be necessary and shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. (Ord. 01-20)
Sec. 16-1-180. Amendments to Chapter and Official Zoning Map.
(a) Intent.
(1) The purpose of this Section is to establish the procedure and requirements for requested amendments to this Chapter or the Official Zoning Map.
(2) Any amendments to this Chapter proposed by a property owner, Town staff, Planning Commission or Board of Trustees shall be processed according to the procedures and requirements of Subsection (f) below.
(3) Any amendments to the Official Zoning Map (Rezoning) shall be processed according to the procedures and requirements of Subsections (b) through (d) below.
(b) Procedure for Zoning Map amendment (rezoning).
(1) Submittal of rezoning application. The applicant will submit to the Community Development Department the materials necessary for the rezoning request to be heard by the Planning Commission. The Community Development Department shall have ten (10) days to review the submittal for completeness.
(2) The Community Development Department will send the application out for referrals to various agencies for comment. These agencies will have twenty-five (25) days to respond.
(3) A hearing is
scheduled before the Planning Commission, and a fifteen-day public notice is
required as outlined in Subsections
(4) Planning Commission hearings. The Planning Commission conducts a public hearing for the purpose of providing a recommendation to the Board of Trustees on the rezoning issue. The Planning Commission may take any action as outlined in this Chapter. Scheduling of the hearing will depend on other development applications to be heard by the Planning Commission.
(5) Board of Trustees hearings. The Board of Trustees conducts a public hearing to consider the rezoning. Notice of the hearing shall be given as provided in Article IV of this Chapter. The Board of Trustees, at the public hearing and after review and discussion of the proposal, shall make one (1) of the following actions:
a. Approval of the request, without conditions.
b. Conditional approval of the request, indicating for the record what conditions shall be attached to the proposal.
c. Disapproval of the request, indicating for the record the reasons for the recommendation of denial.
d. With the consent of the applicant, continuing the request until the next available meeting in order to obtain more information to help clarify or support the request before it.
If the Board of Trustees decides to rezone the property, the Board adopts an ordinance rezoning the property. To this ordinance will be attached the development plan and guide, if planned development zoning is proposed.
(6) Submittal requirements.
a. The applicant shall submit the following information to the Community Development Department. Additional information may be requested after the formal application is received:
1. A completed development application form and appropriate rezoning fees.
2. A narrative outlining the proposal.
3. A copy of the recorded warranty deed and title commitment current within thirty (30) days.
4. An alphabetical list of all property owners within five hundred (500) feet of the affected property.
6. If Planned Development zoning is proposed, twenty (20) copies of the development plan (folded to 9" x 12") and guide prepared in accordance with this Section. Additional copies may be requested for referral.
7. A disclosure letter if the applicant is different from the landowner.
b. Rezoning request narrative. The applicant shall submit a narrative that includes the following information:
1. Applicant's name.
2. Description of the general proposal.
3. Present zoning and land use on and surrounding the site.
4. General development schedule and phasing plan when the project is not constructed at one (1) time.
5. Statement of consistency with the Town Master Plan.
6. Description of water and sewer systems proposed to serve the site.
c. Rezoning map exhibit. The rezoning map for a proposed site shall be prepared in a clear and legible manner. The Community Development Department may reject and return any formal submittal that, in its opinion, does not display the required information or is done in an unacceptable manner (i.e., poor drafting, inaccuracies, etc). The plan shall be prepared at a scale of one inch equals one hundred feet (1" = 100'), one inch equals two hundred feet (1" = 200') or another scale approved by the Community Development Department which allows for maximum clarity of the proposal. Each rezoning map shall contain the following information:
1. All adjacent land owned by the applicant; land not part of the proposed request shall be noted as an exception and/or indicate intended current/future use of the land.
2. Graphically define all natural and man-made water courses, retention areas, streams and lakes. Any known one-hundred-year floodplain affecting the property shall also be delineated.
3. Show topography on the site at twenty-foot contours. Other significant topographical conditions should be shown at more defined contours.
4. Show public access to the proposed development/site.
5. Show all existing structures on the site, their uses and whether they are to remain on the site.
6. Delineate to appropriate scale existing easements on the site, their uses and who holds or owns the right to that easement.
7. North arrow with written and graphic scale, and indicate the preparation date of the plan.
8. Vicinity map showing the relationship of the site to the surrounding area within one (1) mile.
9. Indicate the name, address and telephone number of the property owner, applicant (if different) and the persons who prepared the submittal.
10. Show all existing and proposed streets, drives and roads on or affecting the site, and the names of existing streets on or adjoining the site.
11. Note existing land uses on adjoining properties and said properties' zoning.
12. Note existing zoning of the site, the proposed zoning of the site or the portion in the request, average lot size, proposed density and all public and/or private sources of utility services and facilities.
13. Provide an accurate legal description of the property being shown in the proposal.
14. Indicate the name of the proposal.
15. Indicate any land to be dedicated to the Town.
16. Note on the plan any unique features on the site; historical features, unique land forms, views, etc.
17. In addition, at the request of the Community Development Department, the applicant shall provide any reasonable information on the proposal when needed to help clarify the request being made.
d. Additional information. Depending upon the size and proposed land uses, the Town may require, in its discretion:
1. A traffic impact study.
2. A fiscal impact study demonstrating the revenues and expenditures attributable to the proposed development.
3. Development guide and plan. If PD zoning is proposed, see below.
e. Development guide and plan. The development guide and plan shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the Board of Trustees upon the recommendation of the Planning Commission. The general requirements of the development guide and plan are as follows:
1. The development plan shall be prepared at a suitable scale to clearly show the land uses proposed.
2. The plan shall illustrate land use areas, floodplains, parks, sites to be dedicated for public facilities, adjacent roadways and their classifications, internal arterial and collector roadways along with dimensioned rights-of-way, existing easements and other information as may be required to fully illustrate the proposal.
3. On the map will be included a land use schedule listing the various land use categories, acreages and number of units.
4. The development plan shall include the information noted under "Rezoning Map."
5. Any planned development shall submit a development guide which establishes the standards, variations and requirements for the development which are divergent from the zoning regulations of the Town. Those conditions established by a development guide and approved by the Board of Trustees shall be recorded and utilized for development and review of the project.
6. The uses permitted in a planned development shall be those permitted by right or by special review as indicated on the development guide.
7. Planned developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his or her portion of the project in accord with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.
8. The development guide shall not contain sections that propose standards for signs, landscaping or parking. This Chapter shall establish these regulations.
f. Approval considerations. The Planning Commission and Board of Trustees, in review of rezoning requests, shall consider the following factors:
1. A need exists for the proposal;
2. The particular parcel of ground is indeed the correct site for the proposed development;
3. There has been an error in the original zoning; or
4. There have been significant changes in the area to warrant a zone change;
5. Adequate circulation exists and traffic movement would not be impeded by development; and
6. Additional municipal service costs will not be incurred which the Town is not prepared to meet.
7. There are minimal environmental impacts or impacts can be mitigated.
8. The proposal is consistent with the Town Master Plan maps, goals and policies.
9. There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the proportional degree necessary due to the impacts created by the proposed land uses.
g. In the event the proposed rezoning is denied by the Board of Trustees, no new rezoning application for the same or substantially the same request, as determined by the Planning Director, shall be submitted or accepted within one (1) year of the date of such denial. The applicant may appeal the decision of the Planning Director to the Board of Trustees within ten (10) working days of such decision.
(c) Procedure for amendments to Chapter. Amendments to this Chapter may be proposed by property owners, Town staff, Planning Commission or the Board of Trustees in order to reflect trends in development or regulatory practices; to expand, modify or add requirements for development in general or address specific development issues; to add, modify or expand zoning districts; or to clarify or modify procedures for processing development applications. Such requests shall be processed as follows:
(1) Submittal of application. The applicant will submit to the Community Development Department a completed application form along with the appropriate fees. The application shall be accompanied by the full text of the proposed amendment along with a narrative describing the proposed amendment and why an amendment is necessary. The Community Development Department shall have ten (10) days to review the application for completeness and clarity.
(2) The Community Development Department, at the discretion of the Planning Director, may send the proposed amendment out for referrals to various agencies that may be affected by the proposal. These agencies will have twenty-five (25) days to respond.
(3) The Community
Development Department will schedule a public hearing before the Planning
Commission according to the requirements of Section
(4) Planning Commission hearings. The Planning Commission conducts a public hearing for the purpose of providing a recommendation to the Board of Trustees on the amendment. The Planning Commission may take any action as outlined in this Chapter. The hearing schedule will depend on all development applications to be heard by the Planning Commission.
(5) Board of
Trustees hearings. The Board of Trustees
conducts a public hearing to consider the amendment. Notice of the hearing shall be given as
provided in Subsections
a. Approval of the request, with or without modifications,
b. Disapproval of the request, indicating for the record the reasons for the recommendation of denial.
c. With the consent of the applicant, continue the request until the next available meeting in order to obtain more information to help clarify or support the request before it.
If the Board of Trustees decides to approve the amendment, the Board of Trustees will adopt an ordinance amending this Chapter. (Ord. 01-20)
Sec. 16-1-185. Additional referrals.
In the event that the Board of Trustees or the Planning Commission determines that any land use application submitted under this Article has been materially changed following its initial referral to referral agencies and prior to the Planning Commission making a final advisory recommendation or the Board of Trustees making a final decision on the application, the Planning Commission or the Board of Trustees may require that said land use application as materially amended be resent to referral agencies for additional referral comments prior to any final advisory decision by the Planning Commission or any final decision being made by the Board of Trustees. (Ord. 04-06 §1)
Sec. 16-1-190. Enforcement.
This Chapter shall be enforced by the Building Inspector, the Health Officer, the Town Clerk and their authorized representatives. No building permit or business or occupational use license shall be issued except in compliance with the provisions of this Chapter. (Ord. 01-20)
Sec. 16-1-200. Interpretation, conflict with other laws and regulations; waivers.
(a) In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare of the residents of the Town. These regulations shall be liberally construed to further their underlying purposes.
(b) Application of overlapping or conflicting regulations. Whenever both a provision of this Chapter and any other provision of this Chapter or any provision in any law, ordinance, resolution, rule or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.
(c) When uncertainty exists with any language or provision within this Chapter, the Community Development Director shall be authorized to provide a written interpretation to the Board of Trustees for its review and consideration. The Community Development Director shall consult with the Town Administrator, the Town Attorney and other affected Town officials prior to presenting said interpretation to the Board of Trustees. The Board of Trustees shall determine whether to approve the interpretation provided by the Community Development Director or modify the interpretation based on the provisions of Subsection (b) of this Section. In the event the consideration of the interpretation by the Board of Trustees necessitates the drafting of clarifying legislation, the Board of Trustees shall direct that such an ordinance be drafted for its review and consideration.
(d) The Board of Trustees, in special circumstances and following an advisory recommendation from the Planning Commission, may authorize waivers from the provisions of this Chapter. Waivers may be granted for the purpose of encouraging flexibility and variety in development. The Board of Trustees will not look favorably on waiver requests for self-inflicted hardships. Such waivers may be granted if it is deemed by the Board of Trustees to be in the public interest and does not impair the intent and purposes of this Chapter. (Ord. 01-20; Ord. 06-10)
Sec. 16-1-210. Validity.
Should any section, clause or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Chapter as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 01-20)
Sec. 16-1-220. Violations and penalties.
(a) Any person or corporation, whether as principal agent, employee or otherwise, who violates any of the provisions of this Chapter, shall be fined not exceeding one hundred dollars ($100.00) for each offense, such fine to inure the Town. Each day of the existence of any violation shall be deemed a separate offense.
(b) The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any provisions of this Chapter is hereby declared to be a violation of this Chapter and unlawful. Upon receipt of a signed complaint by any citizen, or the Building Inspector, and upon receipt of instructions to proceed from the Board of Trustees, the Town Attorney shall institute injunction, abatement or other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be affected by a violation of this Chapter.
(c) The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ord. 01-20)
Sec. 16-1-230. Repeals.
All ordinances of the Town inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. The repeal of any of the above-mentioned ordinances does not revive any other ordinance or portion thereof repealed by said ordinances. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinance repealed hereby, for an offense committed prior to the repeal. (Ord. 01-20)
ARTICLE II
Site Plan Standards and Procedures
Sec.
It is the intent of this Chapter to promote orderly and sound development standards as they apply to the Town. These site development standards are intended to enhance and protect the community's natural as well as man-made environments. (Ord. 01-20)
Sec.
(a) Site development regulations shall apply to all new or changes in uses, buildings or structures or additions thereto or major alterations to exteriors of buildings, including changes to color schemes and materials approved as part of a previous site plan submittal, within the Town to which at least one (1) of the following applies:
(1) All uses located within the following zone districts:
R-2 Single-Family and Duplex Residence District
R-TH Townhouse District
R-3 Multi-Family Residence District
MH-1 Mobile Home Subdivision
MH-2
B-2 General Business District
I-1 Light Industrial District
PD Planned Development District
MU Mixed Use District
A-1 Agriculture District
Provided, however, these site development regulations shall not apply to a property located in any of the above zone districts that seeks only a new or changed use of buildings that have received a historic designation either through a federal or state designation, or through a designation by the Board of Trustees. Site development regulations shall apply to new buildings or structures or major alterations to exteriors of buildings, regardless of whether the building or site has received a historic designation.
(2) All uses allowed in the PD Planned Development zone district, with the exception of those uses relating to single-family detached development.
(3) Uses which are located or to be located within any other zone district which are specifically made subject to this Section by the Board of Trustees.
(4) Uses which are located or to be located on property within any other zone district, and the owner or developer of the property requests an application of these site plan requirements, subject to this Section.
(b) No site plan will be approved prior to the platting of the subject property. A final plat or minor development plat may be submitted simultaneously with the proposed site plan upon approval of the Board of Trustees. In such cases, approval of the site plan application may be made conditional upon the final approval of the subdivision plat by the Board of Trustees.
(c) No building permit for any use described in Subsection (a) above shall be issued for the construction of any new building, structure or improvement to the site or any addition or alteration to the structure or site, including exterior materials or colors, without first obtaining the approval of a site plan for the proposed use.
(d) No overlot grading, drainage work, parking lot construction or other site improvements will be allowed, unless specifically provided for by the Board of Trustees, without first obtaining approval of a site plan for the proposed use. (See Ordinance 98-07. Building permit is required.)
(e) No certificate of occupancy will be issued until all improvements approved as part of the site plan have been completed.
(f) The site development standards outlined by this Section apply throughout the zone districts and uses outlined in Subsection (a) above. These standards are in addition to any other development or design standard which may otherwise be applicable to a particular property or specific area within the Town. In the case of any perceived conflict among applicable development standards, the more restrictive standard will apply.
(g) The following items must be addressed on all site plan submittals:
(1) Rooftop mechanical structures must be fully screened either separately or by parapet height to a point level with the top of such structure.
(2) Trim schemes shall appear on all sides of the building.
(h) The Town may require public improvements to be constructed as a condition of site plan approval. Any such improvements shall be reasonably related to the proposed use and may include, but not be limited to, street widening, accel/decel lanes, access control devices, traffic signals, water and sewer lines, pedestrian/bicycle trails or other related improvements. (Ord. 01-20; Ord. 06-02)
Sec. 16-2-30. Application submittal requirements.
(a) Each request for site plan approval shall be accompanied by a complete application form provided by the Town, twelve (12) copies of the proposed site plan with related information and application fee. This submittal information will be accompanied by a signed transmittal letter from the applicant describing the contents of the submittal. Applicants who submit amendments to approved site plans shall be required to submit properly prepared site plan drawings, elevations or landscape plans that clearly depict the proposed amendments.
(b) Submittal requirements: The applicant shall be required to submit to the Town the information listed below:
(1) Completed development application form and the appropriate fees.
(2) Twelve (12) copies of the site plan (folded to 9" x 12") prepared in accordance with site plan exhibit listed below.
(3) A narrative outlining the proposal.
(4) A copy of the warranty deed and title commitment current within thirty (30) days of submittal.
(5) A disclosure letter.
(6) Three (3) copies of the drainage plan (folded to 9" x 12"), if not already approved as part of a subdivision.
(7) Twelve (12) copies of the landscape plan (folded to 9" x 12").
(8) Twelve (12) copies of the building elevations (folded to 9" x 12") to include rooftop mechanical structures.
(9) Colored building elevation of all sides.
(10) Two (2) color and materials boards (one [1] of 9" x 12" maximum size and one [1] of suitable size for presentation to the Planning Commission) containing materials, colors, specifications, manufacturers' names and product numbers.
(11) A diagram or schematic showing screening of rooftop mechanical structures.
Failure to submit all required documentation will result in a delayed application. Additional information may be requested after the formal application is received.
(c) Submittal standards.
(1) Site plan exhibit. The proposed site plan shall be prepared by a qualified professional (architect, planner, land planner or engineer) and drawn on one (1) or more sheets of paper measuring twenty-four by thirty-six inches (24" x 36") with a minimum scale of one inch equals fifty feet (1" = 50'). Scales drawn at one inch equals forty feet (1" = 40'), one inch equals thirty feet (1" = 30'), one inch equals twenty feet (1" = 20') and one inch equals ten feet (1" = 10') will be acceptable. Each site plan will be signed by the applicant and shall contain the following information:
a. Date of preparation.
b. North arrow with written and graphic scale.
c. Vicinity map showing the relationship of the site to the surrounding area within a one-half-mile radius.
d. Listings of the gross, lot and net acreage of each proposed use, as well as the number of dwelling units and/or the number of buildings and gross floor area.
e. The existing grading and drainage information on the site drawn at five-foot intervals and related to United States Geological Survey (USGS) datum, as well as finished grades and contours proposed by the applicant.
f. The size and location of all existing and proposed public and private utility and emergency easements or other rights-of-way.
g. The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site.
h. Location, dimensions and names of adjacent streets, and proposed internal streets showing center line radii and curb return radii.
i. The location and dimensions of bike/pedestrian paths and walkways.
j. The location, dimensions and number of bicycle storage spaces or facilities.
k. Listings of the number of all parking stalls as well as indicating the number of compact cars and accessible spaces.
l. The proposed layout of the parking lot, including location and dimensions of parking spaces, curb islands, internal planter strips, maneuvering aisles and access driveways with indication of direction of travel.
m. Location of all exterior lighting, signage and fencing used to divide properties and to screen mechanical equipment and trash receptacles. All trash receptacles shall be screened by a solid fence surrounding at least three (3) sides of the container.
n. Existing specific physical features on the site, including drainage ways, lakes, buildings and structures, with indication as to which are to be retained.
o. Adjacent properties and their physical features within fifty (50) feet of the property line, including setback dimensions of adjacent structures.
p. The location and dimensions of landscaped areas, location and names of all plant material and ground cover, and the location of other pertinent landscape features.
q. Location of all existing and proposed recreational amenities such as open play areas, swimming pools, tennis courts, tot lots and similar facilities.
Other information which shall be required, but need not be designated on the site plan includes:
a. A metes and bounds description of the property verified and signed by a registered land surveyor in the State. If the site is on a portion of land that has an existing recorded plat, a legal description referencing lot, block and subdivision name will be sufficient.
b. A copy of the executed covenants (when applicable).
c. A copy of the approved development guide and plan required by the Planned Development PD District (when applicable).
d. Additionally, the applicant shall provide any reasonable information not covered above to aid in the review of the request by the Town. Such items include traffic studies, soil information, etc.
(2) Site plan narrative. The applicant shall submit a narrative which includes the following information:
a. Applicant's name.
b. Description of the general proposal.
c. Present zoning.
d. General development schedule and phasing plan when the project is not constructed at one (1) time.
(3) Deed. The applicant shall submit a copy of the most recent deed recorded with the County Clerk and Recorder.
(4) Drainage plan. Each request for site plan approval shall be accompanied by a drainage plan if a final drainage plan as part of a subdivision has not been approved. Three (3) copies of the proposed drainage plan prepared by a professional engineer or architect shall be submitted to the Town with the site plan submittal and then forwarded to the office of the Drainage Engineer. Review of the drainage plan will be simultaneous with that of the site plan.
(5) Each request for a site plan approval shall be accompanied by a landscape plan prepared by a qualified professional and drawn on one (1) sheet of paper measuring twenty-four inches by thirty-six inches (24" x 36") with a minimum scale of one inch equals fifty feet (1" = 50'). Larger scales are encouraged to effectively portray the landscape plan. The landscape plan shall contain the following information:
a. Date of preparation.
b. Scale and north arrow.
c. Building footprint.
d. Parking lots.
e. Location, quantity and size of landscape materials. The location of all landscape materials shall be shown on the plan, accompanied by a chart showing the quantity planted, mature size and years to maturity, and common names of the plant materials.
f. A calculation of the percentage of the site that is landscaped.
(6) Building elevations. Each request for site plan approval shall be accompanied by a set of elevations of the proposed buildings or structures. Five (5) copies of the drawing on twenty-four-by-thirty-six-inch paper will be submitted to the Town. These drawing shall include front, rear and side elevations accurately depicting the finished building or structure on the site. Perspective renderings showing the building in one (1) or more oblique angles, scale models, photographs or similar structures, or other similar techniques may also be submitted. In addition to this submittal, the following information shall be supplied:
a. All exterior surfacing materials and colors shall be specified on the plans.
b. Outdoor lighting, furnishings and architectural accents shall be specified on the plans.
c. Any proposed signage for the site and its placement in relationship to the building or structure shall be indicated on the plan. (Ord. 01-20)
Sec. 16-2-40. Review procedures and requirements for approval.
(a) The site plan submittal, narrative, application form and fee and accompanying information shall be submitted to the appropriate Town Official. The applicant will be issued a receipt acknowledging the date of the submittal package.
(b) The Town Official will review the submittal package and indicate any deficiency found in the application. Once the application is found to be complete, the review procedure shall begin.
(c) Drainage plans will be forwarded by the Town to the Drainage Engineer. The Drainage Engineer shall be in receipt of these plans within the first twenty (20) working days of the review procedure.
(d) The Town shall schedule a meeting before the Planning Commission to consider the application during a regularly scheduled meeting. The public meeting shall be the next available date on the Planning Commission's agenda. The applicant must post the land on which the site plan is proposed. Posting shall be in accordance with Section 16-4-30(b) through (d) of this Code.
(e) The Planning Commission shall at the public meeting carefully consider the attributes of the proposal as presented by the applicant, input by the members of the Planning Commission and any public opinion expressed during the meeting.
(f) The Planning Commission shall then consider the application, and make a recommendation to the Board of Trustees to approve, approve with conditions, continue to obtain additional information or to deny the site plan. The Planning Commission's recommendation shall be based on the evidence presented, compliance with the adopted standards, regulations, policies and other guidelines.
(g) Following the recommendation from the Planning Commission, the Town will schedule the site plan with the Board of Trustees and notify the applicant of the hearing date and time. The applicant shall be responsible for providing public notice prior to the Board of Trustees' hearing in compliance with the public notice requirements contained in subsections 16-4-30(b) through (d) of this Chapter. At the public hearing, the Board of Trustees shall evaluate the site plan, referral agency comments, the Planning Commission recommendation, and public testimony and shall either approve, conditionally approve, continue to obtain additional information or deny the site plan. The Board of Trustees' decision shall be based on the evidence presented and compliance with the adopted standards, regulations, policies and other guidelines, and its decision shall be final.
(h) If and when the application is approved or conditions for approval have been met, a building permit may be issued upon the request of the applicant.
(i) The certificate of occupancy will be issued, provided that:
(1) Landscaping requirements have been met by the applicant.
(2) A final drainage plan is approved by the Drainage Engineer.
(3) Parking lots and drainage facilities are in and are useable.
(4) Sufficient fire flows or protection are present and accepted by the Elizabeth Fire Protection District.
(5) Any other requirements made by the Building Officials, utilities or other agencies are satisfied. (Ord. 01-20; Ord. 04-11 §1)
Sec. 16-2-45. Additional referrals.
In the event that the Board of Trustees or the Planning Commission determines that any land use application submitted under this Article has been materially changed following its initial referral to referral agencies and prior to the Planning Commission making a final advisory recommendation or the Board of Trustees making a final decision on the application, the Planning Commission or the Board of Trustees may require that said land use application as materially amended be resent to referral agencies for additional referral comments prior to any final advisory decision by the Planning Commission or any final decision being made by the Board of Trustees. (Ord. 04-06 §2)
Sec. 16-2-50. Landscape regulations.
(a) The Town hereby finds that it is in the public interests for all developments to provide landscape improvements for the purposes of: complementing the natural landscape; improving the general appearance of the community and enhancing its aesthetic appeal; preserving the economic base; improving the quality of life; delineating and separating use areas; increasing the safety, efficiency and aesthetics of use areas and open space; screening and enhancing privacy; mitigating the adverse effects of climate, aspect and elevations; conserving water and energy; abating erosion and stabilizing slopes; deadening sound; and preserving air and water quality.
(b) The priority form of landscaping is Xeriscape. To ensure that landscaping is provided and maintained, the following requirements for the installation, maintenance and protection of landscaping area are required to be met for every project.
(1) Landscape plan. Each request for a site plan approval shall be accompanied by a landscape plan prepared in accordance with the following standards:
a. Landscape areas and buffer strips shall be a minimum of fifteen percent (15%) of the total site areas.
b. All material in a landscaped area shall be live plant material. Artificial landscape materials including, but not limited to, plastic trees, shrubs, etc., are prohibited within landscape areas. Nonliving materials such as bark, crushed aggregates and river rock may be used only if approved as part of the overall landscape plan.
c. All materials shall be utilized in accordance with recognized landscaping standards.
d. All materials planted under the provision of this Section shall
meet the material specifications (See Section
e. In areas where a landscaping plan is required, plant material shall be provided in the following quantities:
1. Along all public and private streets and along buffer strips adjacent to or within a residential zone district, deciduous and coniferous trees planted at forty-foot intervals within ten (10) feet of the pavement or curb line, except along State Highway 83 where the property line shall be used.
2. In all landscaping areas, one (1) tree and five (5) shrubs are planted for each one thousand five hundred (1,500) square feet of lot area not covered by a building or required parking.
3. A mix of deciduous and coniferous trees is encouraged to provide color and screening in winter months.
f. Landscape areas in excess of five thousand (5,000) square feet shall have a properly designed irrigation system providing full coverage to all sod and plant material areas from impulse sprinklers, pop-up and surface spray sprinklers, bubblers or trickle irrigation, as appropriate for the area to be landscaped. Landscape areas of five thousand (5,000) square feet or less are not required to have an irrigation system, but are required to have an adequate water source such as outdoor hose bibs within fifty (50) feet of the center of the area and regularly use a drip system to keep the materials alive and growing. Any area to be landscaped that cannot meet these irrigation requirements shall comply with Xeriscaping attributes (www.csu.org) if approved by the appropriate official.
(2) Landscaping requirements.
a. All portions of a property which are not occupied by structures or water bodies, or surfaced by streets, roads, driveways, sidewalks, parking areas, other vehicle use areas, trails or paths, are required to be landscaped in accord with this Section. No property shall allocate less than fifteen percent (15%) of the total property for landscaping. Xeriscaping may be used for these areas also.
b. At least seventy-five percent (75%) of the area required to be landscaped shall have a ground cover of living plant material, including, but not limited to, grass and other recognized ground covering plant materials.
c. The remaining percent of the area required to be landscaped may be covered with bark, wood chips, wood shavings, rock, stones or other materials approved during the site plan process.
d. All open industrial or commercial storage areas shall be screened from all public rights-of-way or adjacent property by use of landscaping, berms, solid fencing or walls, or a combination of landscaping and other features to a height of six (6) feet minimum.
e. When a parking lot and public right-of-way are contiguous, a land/Xeriscaped area a minimum of ten (10) feet in width, separating the parking lot from the right-of-way, shall be provided. An earthen berm, view-obscuring hedge or fence or decorative wall shall be constructed to help screen the parking lot.
f. All development projects that require off-street parking spaces for fifty (50) or more cars shall allocate to landscaped islands a minimum of area equal to ten percent (10%) of the total area covered by the parking lot. The area covered by the parking lot shall include parking stalls and vehicular circulation aisles, but exclude driveways, access drives, loading areas and similar access features.
g. Landscaped islands within parking lots shall meet the following requirements:
1. Landscaped parking lot islands shall be at least one hundred fifty (150) square feet in area and contain a minimum of four (4) shrubs and one (1) tree per individual island.
2. Landscaped parking lot islands greater than one hundred fifty (150) square feet in area shall have one (1) additional shrub for each additional fifteen (15) square feet, or fraction thereof, in area.
3. When landscaped islands exceed two thousand (2,000) square feet, plant material quantities may be calculated at a rate of one (1) tree or ten (10) shrubs for every six hundred (600) square feet of area in the island.
4. One (1) tree may be substituted for ten (10) shrubs when approved during the site plan process.
5. Landscaped parking lot islands shall be dispersed throughout the parking lot in such a manner as to divide and break up the expanses of paving. Landscaped islands shall be a minimum of ten (10) feet in width.
6. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in or exiting the parking lot.
7. Interior landscaped islands shall not satisfy any portion of the minimum fifteen-percent landscaping requirement for the total property.
h. Where a parking lot boundary adjoins property zoned for any residential use, a minimum landscape buffer of twenty-five (25) feet from such parking lot boundary shall be required. Within this landscape buffer, an earthen berm with average side slopes no greater than 3:1, view-obscuring fence or decorative wall a minimum of four (4) feet in height shall be required.
i. All landscaped areas shall be served by a functioning automatic irrigation system, except on individual single-family residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved Xeriscaping plan.
j. The landscaping materials required by these provisions shall be distributed throughout the areas to be landscaped in such a manner as to avoid an overmassing of plant materials or, except where desirable, an obstruction of views.
k. Landscaping shall be protected from vehicles by the placement of wheel stops, curbs or other acceptable means.
l. To the greatest extent possible, existing trees shall be saved upon development of a property unless it can be demonstrated that site restrictions necessitate their removal.
m. Existing trees saved in the development of a site shall be credited for required landscaping based on the size and species of the tree saved.
n. Any site contiguous to or facing any residential uses or future residential uses shall screen its parking lots, loading docks or similar uses through the use of landscaping elements to a height of four (4) feet.
o. Deciduous trees planted at forty-foot intervals within ten (10) feet of the pavement or curb shall be required along all public and private streets and along buffer strips adjacent to or within a residential zone district.
p. Large trees shall be staked as per American Nursery standards.
(3) Landscaping material specification.
a. It is encouraged that landscaping be provided in a sufficient variety of species to ensure the continued appeal of a project in those instances where a particular species is killed through disease. Evergreen species are highly recommended.
b. The planting size and characteristics of plant and other landscaping materials at the time of planting or installation shall be as follows:
1. Deciduous trees must be at least two-inch caliper measured four (4) inches above the ground, except ornamental and flowering trees which must be one-and-one-half-inch caliper measured four (4) inches above the ground.
2. Evergreen trees shall be a minimum height of six (6) feet.
3. Shrubs must be of five-gallon container size. Three (3) shrubs of one-gallon size may be substituted for each five-gallon shrub.
4. Ground cover and vines shall be a minimum one-gallon size, except when a higher quality landscaping can be produced by utilizing smaller container sizes planted on closer centers.
5. Wood chips and wood shavings have no minimum size, but shall have a minimum of three (3) inches in depth, installed over a geotextile fabric.
6. Rock or stone shall be one (1) inch to six (6) inches in size and a minimum depth of three (3) inches installed over a geotextile fabric.
c. These requirements do not apply to any single-family detached dwelling, duplex, townhouse or manufactured home, except in those instances where planting and landscape materials are installed by a builder or developer, a homeowners' association or special purpose district.
(4) Xeriscaping definition and requirements
a. Xeriscape is an attractive, sustainable landscape that conserves water and is based on sound agricultural practices.
1. Plan and design comprehensively. Identify where physical properties lay. Consider the view, slope, exposure and soils of the area. Take into account the existing vegetation and topography of the site and the intended use. Group plants with like water needs together. Decide on the timing and placement of materials. Phase in the materials.
2. Evaluate the soil and improve if necessary. Soils can vary within a site. A random sampling soil analysis for areas over twenty thousand (20,000) square feet is required, and for areas between twenty thousand (20,000) square feet and five thousand (5,000) square feet, the analysis may be required by the appropriate official.
3. The type and location of turf areas is a major design element. Turf selection and location shall be determined on the purpose and function in the Xeriscape. Locate the turf areas to water them efficiently.
4. Group plants by their water needs in the same areas. Not all plants need the same amount of water.
5. Irrigation will be planned by needs of plant groups and their water needs. Irrigate turf areas separately from plant and tree areas. Water needs also change with the season and the weather. Irrigate according to the condition of the plants and their need. With new plantings, supplement irrigation until they are after two (2) or three (3) years.
6. All trees and shrubs shall require the use of organic mulches to reduce evaporation, reduce weed growth, slow erosion and help reduce soil temperature fluctuations. Examples are wood chips and bark. No solid plastic shall be used under the mulch.
7. Proper maintenance is required of all landscaping. Proper pruning, weeding and fertilization in addition to irrigation is required in all developments. A formal Irrigation and Maintenance Plan is required for all major developments. Minor developments may make use of the Town’s resources; i.e., Tree Advisory Board and Public Works wood chips.
b. Xeriscape materials. See Paragraph (3) above for landscaping materials and additional suggestions follow for use as appropriate.
1. Grasses may include buffalo grass, blue grama, western wheat grass, crested wheat grass and smooth brome grass.
2. Consult the Natural Resources Conservation Service, Soil Conservation Service and the Cooperative extension service in the County.
3. Consult with the District Forester in Franktown, Town's Tree Advisory Board and the Arbor Day Foundation for appropriate trees and plants.
4. The City of Colorado Springs Xeriscape Project on Mesa Road should be consulted in person or at www.csu.org on the Internet.
(5) Maintenance requirements.
a. All plantings shall be maintained in a healthy and attractive manner by the property owner of record, the property owner's agent or tenant, or a homeowners' association which has assumed landscape maintenance responsibility. Maintenance shall include, but not be limited to, watering, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivating.
b. Dead plant materials shall be removed within one (1) month of their death with planting materials that meet the original intent of the approved landscape design.
c. Natural landscape materials such as rock, stone, bark chips and shavings which no longer cover the area in which they were originally deposited shall be replenished so that they again achieve full coverage to a minimum depth of three (3) inches.
d. Landscaping structural features such as fencing, planter boxes, etc., shall be maintained in a sound structural and attractive condition. (Ord. 01-20)
Sec. 16-2-60. Lighting
standards.
Refer to Article VIII of this Chapter. (Ord. 01-20)
Sec. 16-2-70. Parking space requirements.
Refer to Article VI of this Chapter. (Ord. 01-20)
Sec. 16-2-80. Signage requirements.
Refer to Article XII of this Chapter. (Ord. 01-20)
Sec. 16-2-90. Screening standards of mechanical and visible equipment.
(a) Required screening, unless otherwise specifically provided for in this Chapter, shall be constructed and maintained in accordance with the regulations in this Section.
(b) Required screening shall be appropriate to height of the equipment.
(c) The Board of Trustees may permit screening with different standards during the development review process when the Board finds:
(1) A different standard meets the purposes of screening; and
(2) A different standard does not adversely affect neighboring property.
(d) In the event a development is approved with a screening standard different from the standards in this Section, the standards established in the development review process shall control.
(e) Required screening shall be constructed of:
(1) Brick, stone or concrete masonry, stucco, concrete or wood unless a different but equivalent material is specifically approved by the Town.
(2) Earthen berm planted with turf grass or ground cover generally recognized by landscape architects and horticulturists for local area use.
(3) Evergreen plant materials generally recognized by landscape architects and horticulturists for local area use. The plant materials shall be located in a bed that is at least three (3) feet wide. Initial plantings shall be capable of obtaining a solid appearance within three (3) years. Plant materials shall be placed a maximum of twenty-four (24) inches on center over the entire length of the bed unless an alternative planting density is determined to be capable of providing a solid appearance in three (3) years and is approved by the Town.
(4) Any combination of the above.
(f) A required screening wall or fence may not have more than ten (10) square inches of openings in any given square foot of surface. Plant materials used for required screening shall obtain a solid appearance and provide a visual barrier of the required height within three (3) years of their initial planting.
(g) Access through the required screening may be provided by a solid gate or other site planning provision which preserves the integrity of the screening.
(h) Garbage storage areas shall be visually screened on all sides by a brick, stone, concrete masonry, stucco, concrete or wood wall or fence consistent with the architecture of the primary structure. Screening is not required on a side adjacent to an alley or easement used for garbage pick-up service.
(i) An owner shall provide screening in accordance with this Section for the rear or service side of a nonresidential building if:
(1) The nonresidential building is in a residential district and is exposed to a residential use; or
(2) The nonresidential building is in a nonresidential district and is exposed to and closer than one hundred fifty (150) feet to the boundary line of a residential district or an arterial street or regional thoroughfare.
(j) When all service, storage and loading facilities are contained within a nonresidential building, the screening requirements of this Section do not apply.
(k) Plant materials used for required screening shall be maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. Any plant that dies shall be replaced with another living plant within one hundred twenty (120) days after notification by the Town.
(l) All required screening with plant materials shall be irrigated by an automatic irrigation system installed to comply with the Town's standards and specifications. (Ord. 01-20)
ARTICLE III
Subdivision Procedures and Requirements
Sec. 16-3-10. Purpose.
This Article is established to achieve the following purposes:
(1) To promote the general health, safety and welfare of the present and future inhabitants of the Town. Land proposed for subdivision shall be such that it can be used safely for the intended purpose without danger to health or peril from fire, flood, geologic hazards or other natural hazards.
(2) To guide future growth and development within the Town and ensure adequate and efficient transportation, water, waste disposal, schools, fire and police protection, recreation and open space opportunities and other services and facilities. To encourage a diversity of housing types and densities in order to assure adequate housing for all persons. In order to achieve this purpose, all subdivision approvals shall be in general conformance with the principles of the Town Master Plan as determined by the Board of Trustees, zoning requirements of Article I of this Chapter and approved and recorded development guides and plans where property is zoned Planned Development (PD).
(3) To provide for the preservation and conservation of unique or distinctive natural areas, natural landmarks, critical wildlife habitats, wetlands, historic features and archaeologically sensitive sites, recognizing the irreplaceable character of such resources and their importance to the quality of life in the Town. In order to achieve this purpose, subdivisions shall provide for the preservation and conservation of significant stands of vegetation; unique or distinctive topographic features; drainage, riparian and wetland areas; significant wildlife habitats including breeding grounds, nesting areas, migration routes and wintering areas; scenic views; and important historical or archaeological sites.
(4) To protect both urban and nonurban development by minimizing the conflicts between the land uses and structures. In order to achieve this purpose, subdivisions shall be designed to provide for lots that are of an appropriate size and configuration for the site characteristics and intended uses; connections between neighborhoods, shopping and recreational areas that are safe and convenient; adequate buffering from the adverse impacts of adjoining uses through lot orientation, setbacks, landscaping or other appropriate methods; the conservation of water, land and energy resources; minimization of grading, road cuts and fills; and a road system designed to preserve the integrity and function of the arterial and local roadway network.
(5) To ensure that the necessary services and facilities are available and have sufficient capacity to serve the proposed subdivision. In order to achieve this purpose, land proposed for subdivision shall not be approved until the necessary provisions have been made for subdivision design, access, parks, trails, recreation and open spaces, schools, drainage, water, wastewater disposal, traffic controls, road improvements and services. The cost and installation of such improvement, police and fire protection or other reasonably necessary improvements, which primarily benefit the land being subdivided, shall be borne by the owners and developers of such land.
(6) To provide for an adequate and accurate system to record land subdivisions, ensuring proper legal descriptions and survey monumentation, in order to inform the public and especially future residents of the facts about the subdivision, thereby safeguarding the interests of the public, the homeowner, the subdivider and the Town. (Ord. 01-20; (Ord. 08-06 §1)
Sec. 16-3-20. Control over platting.
(a) No sketch plan, preliminary plan or final plat of a subdivision shall be recommended for approval by the Planning Commission or approved by the Board of Trustees unless it conforms to the provisions of this Chapter.
(b) The Board of Trustees shall withhold all public street improvements and public maintenance from all rights-of-way which have not been accepted for maintenance purposes by the Board of Trustees.
(c) Prior to the issuance of a building permit or construction of any building or structure within a subdivision, the plat thereof shall be approved by the Board of Trustees and recorded with the County Clerk and Recorder, and access shall be provided in accordance with the approved subdivision agreement and the Uniform Fire Code.
(d) The Board of Trustees may suspend or withdraw any approval of a plan or plat or may require certain corrective measures be taken following a determination that the information provided by the subdivider upon which such approval was based is substantially false or inaccurate or that new significant information has been brought to its attention or for noncompliance by the subdivider. Suspension of approval may occur at any step in the platting process at a public meeting.
(1) A written notice from the Town shall be served upon the subdivider, setting out a clear and concise statement of alleged facts and directing the subdivider to appear before the Board of Trustees no less than ten (10) days nor more than thirty (30) days after the date of notification.
(2) The Board of Trustees shall determine at the public meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention, and shall have the power, upon good cause being shown, to suspend or withdraw any approval resulting in a voided plat.
(e) No changes, erasures, modifications or revisions shall be made on the final plat after the approval by the Board of Trustees, except as required by the approval of the Board of Trustees.
(f) No plat for subdivided land shall be approved by the Board of Trustees unless all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.
(g) It is unlawful to file for recording any such plan or plat as identified above in any public office unless it has been reviewed by the Planning Commission and bears, by endorsement or otherwise, the approval of the Board of Trustees.
(h) The Board of Trustees may, pursuant to rules and regulations or resolution, exempt from the definition of the terms subdivision and subdivided land any division of land if the Board determines that such division is not within the purposes of this Chapter. (Ord. 01-20)
Sec. 16-3-30. General requirements.
(a) Description of the subdivision process.
(1) The three (3) steps required to obtain approval of a subdivision are:
a. Sketch plan: the review of the feasibility of the project, including conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas, locations of parks, schools and open space, source of required services, vehicular and pedestrian circulation and general conformance with the principles of the Town Master Plan and zoning requirements;
b. Preliminary plan: a review of preliminary technical engineering; and
c. Final plat: a review of all final engineering and construction plans, execution of subdivision agreements, provision of a letter of credit or cash to secure the construction of the public improvements described in the subdivision agreement and other legal requirements.
(2) Each step is a distinct process involving the submittal of an application, an application fee, required plans and reports, referrals of the proposal to other agencies, and public hearings/meetings. At each step of the process, the level of design and engineering increases in order to relieve the applicant from major and potentially unnecessary expenses in situations that may require a redesign and, therefore, a revision of expensive engineering or planning reports. Approval at any step in the process does not ensure approval at the next step.
(3) The sketch plan shall be reviewed by the Planning Commission and reviewed and approved by the Board of Trustees at a public hearing prior to submittal of the preliminary plan. The preliminary plan and final plat processes may be combined upon the approval of the Board of Trustees based upon, but not limited to, the following factors: design, size, public concern, public facilities, services, access and transportation network.
(4) If the proposed plan or plat is denied by the Board of Trustees, a new subdivision application for the same or substantially the same request, as determined by the Board of Trustees, shall not be accepted with one (1) year of such denial.
(b) Applicant's responsibility. The applicant or representative is responsible for understanding the requirements and procedures contained in this Chapter, the Town Master Plan and applicable zoning regulations, and is responsible for attending all Planning Commission and Board of Trustees hearings and meetings at which the request is considered. Failure to attend the hearings and meetings may result in the request being denied or tabled and a new hearing or meeting date scheduled. The applicant is responsible for submitting the information requested by the Town, for the review of the proposal, and for posting or publishing all public notices as required.
(c) Review fees. The applicant shall be responsible for payment of reasonable review fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters that may be charged to applicants for relief sought under this Chapter. The amount of the fees charged shall be established by resolution of the Board of Trustees filed in the office of the Town Clerk. Payment of the fees shall be as follows:
(1) The Town will bill applicants for any and all costs of professional and consulting services which the Town incurs as a result of an applicant or his or her project. Professional or consulting services include, but are not limited to, legal, engineering or hydrological services.
(2) Fees established in accordance with this Subsection (c) shall be paid upon submission of a completed land use application or notice of appeal. All applications for which there is a fee shall be accompanied by the appropriate fee. Applications which are not accompanied by the appropriate fee shall be considered incomplete and shall not be processed nor shall any permit be issued until the appropriate fee accompanies the application. The applicant shall pay to the Town the actual cost to the Town for engineering, planning, surveying, inspection and legal services rendered in connection with the review of the proposed development application, plus fifteen percent (15%) to cover administrative costs.
(3) The Town will send the applicant a statement for the actual and administrative costs incurred by the Town for the services rendered by the Town. The applicant shall pay the amount due on the statement within fifteen (15) days of the date of issuance of such statement. In the event the applicant fails to pay the amount due on the statement within the time period specified above, the Town shall immediately stop the review process for the proposed development. The application will be deemed withdrawn if the statement is not paid in full within thirty (30) days of the date of issuance of the statement.
(4) If the statement is not paid in full within thirty (30) days after issuance of the statement, in addition to the application being withdrawn, the Town shall impose interest on the amount due and outstanding at the rate of one and one-half percent (1.5%) per month from the date when due.
(5) In addition to the Town's remedies to stop the review process upon nonpayment of such statement, and to impose penalty interest, the Town shall additionally possess the right to initiate an enforcement action against the applicant for nonpayment of such fees. Such enforcement action may be initiated either in the County Court or in the Municipal Court. In the event such collection action is determined in favor of the Town, the Town shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.
(6) The payment of fees of the costs of professional and consulting services under this Section shall be due and payable as set forth within this Section, regardless of whether the project is completed or approved, and/or regardless of whether the owner or applicant chooses to complete the Town's land review process.
(d) Withdrawal of application. The applicant may withdraw an application at any phase of the process upon submittal of a written request to the Town. Application fees will be refunded only when the withdrawal request is submitted prior to the mailing of the referral packets.
(e) Expiration of approvals. The approval of any subdivision request shall be subject to the following restrictions and shall apply to all sketch plans, preliminary plans, final plats, amended plats or minor development final plats approved prior to the effective date the initial ordinance codified in this Article:
(1) The sketch plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The Board of Trustees may grant an extension of time of no more than one (1) year, upon a written request by the applicant prior to the expiration of the one-year period.
(2) The preliminary plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The Board of Trustees may grant an extension of time, of no more than one (1) year, upon a written request by the applicant prior to the one-year period. However, when a part of the approved preliminary plan is final platted, the remaining area of the preliminary plan shall be effective for the one-year period or as otherwise extended by the Board of Trustees.
(3) Within ninety (90) days of approval of the final plat, the applicant shall submit the approved final plat and all required documentation to the Town for recordation or the approval shall be null and void, unless stated otherwise in such approval. Within thirty (30) days of receipt of the final plat, the Town shall obtain the signatures required of Town representatives on the plat along with the required subdivision agreement and security for public improvements, and record the final plat. The Board of Trustees may grant no more than one (1) extension of time, of no more than thirty (30) days, upon a written request by the applicant for good cause being shown.
(4) An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes in the Town Master Plan or this Chapter that have occurred since approval of the plan or plat as these changes affect the plan or plat and the anticipated time schedule for completing the platting process. Additional review of the plan or plat may occur resulting in additional conditions, as applicable.
(5) Denial of the extension of time by the Board of Trustees shall void the sketch plan, preliminary plan, final plat, minor development, exemption, replat or vacation plat and result in the necessity for the resubmittal of a new application, fees and all required documentation.
(6) Any final plat, replat, amended plat or minor development plat approved prior to the adoption of the ordinance codified herein which has not been recorded, along with all the required documentation, shall be submitted to the Town for recordation within six (6) months of the adoption of the ordinance codified herein. A reasonable effort must be made by the Town to notify the subdivider of this requirement.
(f) Inactive files. Files that become inactive, whereby the applicant is required to submit additional information or request a hearing date and has failed to do so, for a period of more than six (6) months, shall become void, and the resubmittal of a new application and fees shall be required to pursue the subdivision request. The Board of Trustees may grant no more than two (2) extensions of time, of no more than three (3) months each, upon a written request by the applicant. After five (5) months, the Town shall notify the applicant in writing that the application will become void within thirty (30) days. After thirty (30) days, provided that the applicant has not submitted the required additional information or requested a hearing date, the Town shall notify the applicant in writing that the application is void. This provision shall apply to all applications on file with the Town upon the effective date of adoption and any application thereafter.
(g) Inactive subdivisions. Any subdivision which has received approval by the Board of Trustees for a period of time in excess of three (3) years prior to the date of adoption of the initial ordinance codified herein and for which no public improvements have been constructed or secured, shall be required to submit an amended plat which complies with the requirements of this Chapter in effect at the time of the amendment, and the required subdivision agreement. No building permits shall be issued until the plat amendment and new subdivision agreement have been approved by the Board of Trustees.
(h) Plat corrections. Due to errors or omissions, changes may be made to recorded plats according to the following procedure:
(1) An ordinance shall be prepared which identifies the error or omission, the specific plat to be corrected, the reception number of the plat and the necessary corrective action, and said action must be approved by the Town Attorney.
(2) The ordinance shall be presented to the Board of Trustees at a public meeting ready for recordation. The ordinance shall be recorded, upon obtaining the signature of the Mayor.
(3) When the request is for a road name change, the following shall apply:
a. Where no addresses have been assigned, the request shall be heard at a public meeting before the Board of Trustees and an ordinance shall be adopted officially changing the name of the street. When addresses have been assigned, the applicant shall notify all affected individuals by certified mail and the request shall be heard at a public hearing before the Board of Trustees. The Board of Trustees shall adopt an ordinance officially changing the name of the street.
b. A road name shall not duplicate any existing road name in the County. (Ord. 01-20; Ord. 08-06 §2)
Sec. 16-3-40. Sketch plan.
(a) Intent.
(1) The intent of the sketch plan is to examine the feasibility of a project, including review of conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas and general conformance with the principles of the Town Master Plan, zoning requirements and requirements of this Chapter. A sketch plan shall not create parcels that do not meet zoning standards.
(2) The intent of the sketch plan is to provide a conceptual layout of the subdivision. Applicants are required to include as large an area as practicable in a sketch plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area rather than limiting review of these items to only the area that may be final platted.
(b) Submittal process.
(1) The applicant shall submit one (1) copy of the submittal to the Town.
(2) The submittal shall be reviewed for completeness within twenty (20) working days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.
(3) Once the submittal is determined complete, the Town will notify the applicant of the number of copies of the sketch plan required to be submitted for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The Town shall mail the referral packets. The applicant shall distribute any revised plans, as required by the Town.
(4) All sketch plan applications shall be submitted to the following departments and agencies for review and comment:
a.
b. Elbert County Sheriff's Department;
c. Appropriate water and sanitation district;
d. Any appropriate utility or ditch company;
e. Appropriate fire protection district;
f. Police Department;
g. Public Works Department;
h. Parks Commission/Department;
i. Building Department; and
j. Any metropolitan or special improvements district.
Additional agencies may be contacted if, in the opinion of the Town, the agency may be affected by the application or if comments by the agency will ensure a thorough analysis of the application. These agencies are:
a.
b. Colorado Department of Transportation;
c.
d. Mineral rights owners, when different than the applicant, contacted by certified mail by the applicant; and
e. Any other agencies or affected parties as may be required or determined necessary by the Town.
(5) The applicant shall notify and is encouraged to meet with adjacent landowners and homeowners' associations concerning the sketch plan application as required by the Town.
(6) Referral agencies shall comment within twenty-five (25) days of receiving a complete submittal. The applicant is encouraged to meet with referral agencies and other interested parties to address the referral concerns.
(7) The Planning Commission will review the referral comments, and notify the applicant of the hearing date and time. There shall be a two-week minimum delay between Planning Commission and Board of Trustees hearings to allow for a continuance by the Planning Commission.
(8) The applicant
is responsible for providing public notice prior to the Planning Commission
hearing in compliance with the public notice requirements in Section
(9) The Planning Commission shall evaluate the application, referral comments and public testimony, and make a recommendation to the Board of Trustees to approve, approve with conditions, continue for additional information or further study or deny the sketch plan. The Planning Commission's comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.
(10) Following the recommendation by the Planning Commission, the Town will schedule the sketch plan for a public hearing with the Board of Trustees, and notify the applicant of the hearing date and time.
(11) The applicant shall be responsible for providing public notice prior to the Board of Trustees hearing in compliance with the public notice requirements in Section 30(b) through (d) of this Chapter.
(12) The Board of Trustees shall evaluate the sketch plan, referral agency comments, the Planning Commission recommendation and public testimony, and shall approve, conditionally approve, continue for additional information or for further study, remand to the Planning Commission or deny the sketch plan. The Board of Trustees' comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.
(13) If denied by the Board of Trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the sketch plan for the same or substantially same request, as determined by the Board of Trustees, shall not be accepted within one (1) year of such denial.
(c) General submittal requirements.
(1) Completed land use application.
(2) Application fee.
(3) A copy of the recorded warranty deed and title commitment or updated title commitment current within thirty (30) days.
(4) A notarized letter of authorization from the landowner permitting a representative to process the application.
(5) Plan exhibit (described in Subsection (d) below).
(6) Development reports (described in Subsection (e) below).
(d) Sketch plan exhibit.
(1) The plan exhibit shall be prepared on 24" x 36" paper at a scale of 1" = 100', 1" = 200' or another scale approved by the Director of Community Development.
(2) The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development (and plan number when applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, 6th P.M. shall be included under the name and planning area. On the title sheet (Sheet #1), under the general legal description, include the total acreage and the estimated total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned developments.
(3) A block in the lower right-hand corner shall include the following: The preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheets and the total number of sheets.
(4) The boundary of the proposed subdivision shall be depicted in a heavy solid line. Note those areas not included in the subdivision as "Not included in this plat."
(5) A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a two-mile radius.
(6) When land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan at a scale of 1" = 2,000' that shows adjacent filings of the same or adjacent subdivisions.
(7) Depict all lots, tracts and, when appropriate, building envelopes. Lots shall be numbered consecutively, tracts shall be lettered alphabetically Nonresidential uses, such as areas to be dedicated to the Town for park or school sites, will be designated as tracts.
(8) Depict all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision. For each, specify their use, principal dimensions and the owner or right holder of the easement.
(9) Contour lines depicted at ten-foot intervals. The Town may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.
(10) Delineate all one-hundred-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams and lakes of the affected property and within one hundred (100) feet of such property.
(11) Depict all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public.
(12) Note the land use, zoning and ownership of the adjacent land, including the intended future use of the adjacent land, if owned by the applicant. If adjacent land has been subdivided, show adjacent lots.
(13) Note existing structures on the site, their uses and whether they are to remain on the site.
(14) Identify any historical or archaeological sites.
(15) Note significant natural or man-made features within and adjacent to the proposed subdivision.
(16) Depict all potential hazard areas including: geologic hazard areas; expansive soils; areas of twenty percent (20%) or greater slope or other slope ranges, as determined necessary by the Town.
(17) Note short- and long-range views onto or from the site, including scenic mountain views, buttes, rock outcroppings, drainages and related matters.
(18) Depict any significant existing stands of vegetation and identify the type of vegetation.
(19) Identify wildlife habitat areas, including breeding grounds, nesting areas, crossings, wintering areas, migratory routes and related matters.
(20) Show the conceptual design of the following items:
a. Local, collector and arterial streets, including principal dimensions.
b. Pedestrian and open space systems, including connections to adjacent development and open space areas.
c. Focal points, community facilities and other special features.
d. The treatment of potentially conflicting land uses.
(e) Development reports. The applicant shall submit a report with supporting materials and completely address the items listed below as a minimum. The degree of detail for analysis of some of the following factors will depend upon the impact of the particular item on the surrounding area and the subject property.
(1) A discussion of site features as depicted on the plan that may affect the evaluation of the proposed development.
(2) Evidence establishing soil suitability in the form of a report based on information from the Soil Conservation Service of the United States Department of Agriculture (USDA) or another form acceptable to the Town. The report shall minimally include: a description of site soil types, locations and characteristics with supporting soil maps, soil logs and other information needed to determine soil suitability for proposed development; constraints on development based on the findings; and analysis and evaluation of such information with recommendations regarding structural constraints, erosion control and a determination of the adequacy of the structural characteristics of the soil as they relate to the proposed uses and development.
(3) A report on the geologic characteristics of the site, including any potential natural or man-made hazards which would have a significant influence on the proposed uses of the land, a determination of what effect such factors would have and proposed corrective or protective measures.
(4) A preliminary drainage plan, including estimates of quantitative flows and rough plans for facilities to prevent storm waters in excess of historic runoff caused by the proposed subdivision, from entering, damaging or being carried by conduits, water supply ditches and appurtenant structures and other drainage facilities.
(5) Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available. For a subdivision of land located within a water district, a letter of commitment to serve the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area.
(6) Evidence of the physical and legal capability to provide sanitation. For a subdivision of land located within a sanitation district, a letter of commitment to serve the proposed subdivision stating the capacity to serve and feasibility of extending service to that area.
(7) A narrative describing the availability and adequacy of other necessary services including, but not limited to, fire and police protection, schools, recreation, utilities and open space.
(8) A narrative or traffic study describing the proposed transportation network establishing the availability and adequacy of the system consistent with the transportation element of the Town Master Plan.
(9) A discussion on the effect of the proposal on significant cultural, archaeological and historical resources and plans for protection of such resources.
(f) Public notice requirements. All public notice requirements shall be done in accordance with Section 16-4-30(b) through (d) of this Chapter.
(g) Expiration of approval.
(1) The sketch plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval or unless a preliminary plan has been approved for a portion of the area covered by the sketch plan. In such event, the sketch plan approval for the remainder of the area shall be effective for one (1) year following preliminary plan approval. The Board of Trustees may grant an extension of time, of no more than one (1) year, upon a written request by the applicant prior to the expiration of the one (1) year.
(2) An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes to the Town Master Plan or this Chapter that have occurred since approval of the plan as these changes affect the plan and the anticipated time schedule for completing the platting process. Additional review of the plan may occur resulting in additional conditions as applicable. (Ord. 01-20; Ord. 08-06 §3)
Sec. 16-3-50. Preliminary plan.
(a) Intent.
(1) The purpose of this preliminary plan review is to check the proposed subdivision against the technical requirements, design standards and improvement requirements of the Town to be sure that the standards imposed can be met. Additionally, the Planning Commission and the Board of Trustees shall review the proposal for site planning characteristics and compatibility with adjoining land uses. The detailed review at this stage will help determine if the plan complies with zoning requirements, circulation patterns, desired open space and other applicable plans, standards and regulations.
(2) Applicants are encouraged to include as large an area as practicable in a preliminary plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area.
(3) The preliminary plan and final plat processes may be combined upon the approval of the Board of Trustees based upon, but not limited to, the following factors: design, size, public concern, public facilities, services, access and transportation network.
(b) Prerequisite.
(1) The preliminary plan shall be in substantial compliance with the approved sketch plan, as determined by the Director of Community Development. If not, the applicant shall resubmit the sketch plan for review and approval by the Planning Commission and the Board of Trustees.
(2) The preliminary plan shall be submitted within one (1) year of the approval of the sketch plan by the Board of Trustees or as extended by the Board of Trustees.
(c) Submittal process.
(1) The applicant shall submit one (1) copy of the submittal to the Town.
(2) The submittal shall be reviewed for completeness within twenty (20) working days. The applicant shall be notified of any inadequacies. An incomplete submittal or preliminary plan that is inconsistent with the approved sketch plan shall not be processed.
(3) Once the submittal is determined complete, the Town will notify the applicant of the number of copies of the preliminary plan required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The Town shall mail the referral packets. The applicant shall distribute any revised plans, as required by the Town.
(4) The services
and facilities provided by the referral agencies below shall be considered by
the Planning Commission and Board of Trustees as a factor in approval of the
preliminary plan. The criteria for
evaluating sufficiency of the services that must be satisfied for the approval
of the plan shall be provided to the Planning Commission and the Board of
Trustees as a part of any referral response.
All preliminary plan applications shall be submitted to the agencies and
departments listed under Section
(5) The applicant shall notify and is encouraged to meet with adjacent landowners and homeowners' associations concerning the preliminary plan as required by the Town.
(6) The referral agencies shall comment within twenty-five (25) days of receiving a complete submittal unless an extension of no more than thirty (30) days is consented to by the subdivider. The failure of any of these agencies to respond within twenty-five (25) days or within the period of an extension shall for the purpose of the hearing on the plan be deemed an approval of such plan. Referring agencies will provide the Planning Commission and the Board of Trustees with a summary of any capacity evaluation study. The summary will include an explanation of the agency's assumptions regarding available capacity. The applicant is encouraged to meet with the referral agencies and other interested parties to address any concerns prior to the end of the referral period. The applicant is required to pay those fees assessed by referral agencies.
(7) The Planning Commission will review the referral comments and notify the applicant of the hearing date and time.
(8) The applicant
is responsible for providing public notice prior to the Planning Commission
hearing in compliance with the public notice requirements in Section
(9) The Planning Commission shall evaluate the application, referral comments and public testimony, and make a recommendation to the Board of Trustees to approve, approve with conditions, table for further study or deny the preliminary plan. The Planning Commission's comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.
(10) Following the recommendation by the Planning Commission, the Town will schedule the preliminary plan with the Board of Trustees and notify the applicant of the hearing date and time. There shall be a two-week minimum delay between Planning Commission and Board of Trustees hearings to allow for a continuance by the Planning Commission.
(11) The applicant shall be responsible for providing public notice prior to the Board of Trustees hearing in compliance with the public notice requirements in Section 16-4-30(b) through (d) of this Chapter.
(12) The Board of Trustees shall evaluate the preliminary plan, referral agency comments, Planning Commission recommendation and public testimony, and shall approve, conditionally approve, continue for additional information or for further study or deny the preliminary plan. The Board of Trustees' action shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.
(13) The Planning Commission and the Board of Trustees shall consider the recommendations received from the agencies named in this Section. The Planning Commission and the Board of Trustees are authorized to disapprove a preliminary plan if such plan is deemed to not be in conformity with the standards or intent of these regulations, this Chapter and the general principles set forth in the Town Master Plan; or is deemed to create significant adverse impacts to the public served by the agencies named in this Section; or if inadequate capacity exists and cannot be reasonably provided or anticipated in facilities provided by the agencies named in this Section to serve the proposed development. The Planning Commission and Board of Trustees should also consider the impact of any disapproval on special improvement districts and metro districts.
(14) If denied by the Board of Trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the preliminary plan application for the same or substantially same request, as determined by the Board of Trustees, shall not be accepted within one (1) year of such denial.
(d) General submittal requirements.
(1) Completed land use application.
(2) A narrative outlining the proposal.
(3) Application fee.
(4) A copy of the recorded warranty deed and title commitment or updated title commitment current within thirty (30) days.
(5) A notarized letter of authorization from the landowner permitting a representative to process the application.
(6) Plan exhibit (described in Subsection (e) below).
(7) Development reports (described in Subsection (f) below).
(e) Plan exhibit.
(1) The plan exhibit shall be prepared on 24" x 36" paper at a scale of 1" = 100', 1" = 200' or another scale approved by the Planning Director. If a proposal requires multiple sheets, a composite, on 24" x 36" paper, shall be provided that delineates the boundaries and identifies each sheet number.
(2) The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development (and plan number when applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, 6th P.M. shall be included under the name and planning area. On the title sheet (Sheet #1), under the general legal description, include the total acreage and the total number of residential lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned developments.
(3) A block in the lower right-hand corner shall include the following: The preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheets and the total number of sheets.
(4) The boundary of the proposed subdivision shall be depicted in a heavy solid line. Note those areas not included in the subdivision as "Not included in this plat."
(5) A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.
(6) When land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan at a scale of 1" = 2,000'.
(7) Depict all lots, tracts and, when appropriate, building envelopes, providing accurate dimensions for each. Lots shall be numbered consecutively, tracts shall be lettered alphabetically. On residential uses, tracts shall be used exclusively for nonresidential uses, such as areas to be dedicated to the Town for park or school sites.
(8) Depict all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision, their use, principal dimensions and the owner or right holder of the easement along with the recorded book and page number and the name of the entity responsible for construction or maintenance.
(9) Contour lines depicted at ten-foot intervals. The Town may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.
(10) Delineate all one-hundred-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams and lakes of the affected property and within one hundred (100) feet of such property.
(11) Depict all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public. Include notes to indicate the disposition and maintenance responsibility for all such tracts.
(12) Locate and provide the name and principal dimension of all street rights-of-way.
(13) Depict legal and physical public access to the proposed subdivision even if not part of the subdivision.
(14) Note the land use, zoning and ownership of the adjacent land, including the intended future use of the adjacent land, if owned by the applicant.
(15) Note existing structures on the site, their uses and whether they are to remain on the site.
(f) Development reports. The applicant shall submit a report with supporting materials and completely address the items listed below as a minimum. The degree of detail for analysis of some of the following factors will depend upon the impact of the particular item on the surrounding area and the subject property.
(1) Road plans and profiles.
(2) A final drainage report, erosion control plan and grading plan.
(3) Utility plans prepared in accordance with the regulations of the appropriate service provider.
(4) A preliminary landscape plan for the subdivision.
(g) Public notice requirements. All public notice requirements shall be done in accordance with Section 16-4-30(b) through (d) of this Chapter.
(h) Expiration of approval.
(1) The preliminary plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The Board of Trustees may grant an extension of time of no more than one (1) year, upon a written request by the applicant prior to the expiration of the one-year period. However, when a part of the preliminary plan is final platted, approval of the remaining area of the preliminary plan shall be effective for the one-year period or as otherwise extended by the Board of Trustees.
(2) An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes to the Town Master Plan or this Chapter that have occurred since approval of the plan as these changes affect the plan and the anticipated time schedule for completing the platting process. Additional review of the plan may occur resulting in additional conditions as applicable. (Ord. 01-20; Ord. 08-06 §4)
Sec. 16-3-60. Final plat.
(a) Intent. The intent of this Section is to provide for the review of the final engineering plans, the subdivision improvement agreement, public dedication and other legal agreements.
(b) Prerequisite.
(1) The final plat shall be in substantial compliance with the Board of Trustees' approved preliminary plan. If not, the applicant shall submit an amended preliminary plan for review and approval by the Planning Commission and the Board of Trustees.
(2) The final plat shall be submitted within one (1) year of approval of the preliminary plan, or as extended by the Board of Trustees unless the preliminary plan and final plat are processed concurrently and as approved consecutively by the Board of Trustees.
(3) No final plat shall be approved where the applicant has previously obtained approval of another final plat in the Town, except upon a showing as to such previous final plat that all of the following conditions have been met:
a. The applicant has paid all fees and charges incurred by the Town and invoiced to the applicant as to such previous final plat;
b. The applicant has made all water rights dedications required during the approval of the previous final plat;
c. The applicant has either constructed all public improvements required by the previous final plat or has posted security for such completion in an amount and in a form acceptable to the Town; and
d. The applicant has complied with all requirements of the subdivision agreement as to such previous final plat.
(c) Submittal process.
(1) The applicant shall submit one (1) copy of the final plat and all supporting information to the Town.
(2) The submittal shall be reviewed for completeness within fifteen (15) working days. The applicant shall be notified of any inadequacies. An incomplete submittal or final plat that is inconsistent with the approved preliminary plan shall not be processed.
(3) Once the submittal is determined complete, the Town will notify the applicant of the number of copies of the final plat required for distribution to the Drainage Engineer, Traffic Engineer, appropriate water and sanitation district and Public Works Department.
(4) After approval of all documents by the appropriate entity, the Town shall schedule the final plat for review by the Board of Trustees at a public meeting. The Town shall notify the applicant of the date and time of the public meeting.
(5) The subdivision agreement shall be approved by the Town Attorney and be signed by the applicant prior to final plat approval.
(6) The Board of Trustees shall evaluate the final plat. If all conditions of the preliminary plan approval are met and all standards of the Town are met, the Board of Trustees shall approve the final plat.
(7) If denied by the Board of Trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the final plat application for the same or substantially same request, as determined by the Board of Trustees, shall not be accepted within one (1) year of such denial.
(d) General submittal requirements.
(1) Completed land use application.
(2) Application fee.
(3) A copy of the recorded warranty deed and title commitment or updated title commitment current within thirty (30) days.
(4) A notarized letter of authorization from the landowner permitting a representative to process the application.
(5) Plat exhibit (described in Subsection (e) below).
(6) Development reports (described in Subsection (f) below).
(e) Plat exhibit. The final plat shall substantially conform to the approved preliminary plan and the Board of Trustees' conditions of approval.
(1) The final plat
shall be prepared by or under the supervision of a registered professional land
surveyor licensed with the State for recording in the office of the
(2) The final plat shall be either an original drawing using only permanent black ink that will adhere to drafting films (no ballpoint, transfer type or sticky-backs are permitted) or an acceptable photographic reproduction (fix-line, emulsion down) of an original drawing.
(3) The final plat shall be prepared on 24" high x 36" wide flat, spliceless, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three-thousandths (.003) of an inch. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on all sides entirely blank.
(4) The final plat shall be drafted at a scale that best conveys the detailed survey, engineering and design of the subdivision and confines the drafting error to less than one percent (1%). Acceptable scales are 1" = 50' or 1" = 100' and, for subdivisions exceeding one hundred (100) acres, 1" = 200'. When a proposal requires multiple sheets, a composite, on a 24" x 36" paper, shall be provided that delineates the boundaries and identifies each sheet number.
(5) The title
shall be placed at the top of the sheet along the long dimension of each sheet
and shall include the name of the proposed subdivision or planned development
and filing number (where applicable). If
part of a planned development, the planning area shall be included under the
title. A general legal description
stating the aliquot portion of the section, township, range, 6th P.M., and Town
of
(6) A block in the lower right-hand corner shall include the following: the preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheet and the total number of sheets.
(7) A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.
(8) When the land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan or filing map at a scale of 1" = 2,000'.
(9) A written metes and bounds legal description of the subdivision boundary with a map showing all information as required in the Colorado Revised Statutes shall be clearly and prominently indicated on the final plat. The names and locations of all abutting subdivisions and the locations of all abutting unplatted parcels and public lands shall be depicted. All lines, names and descriptions on the final plat which do not constitute a part of the subdivision shall be depicted in dashed or screened lines. Any area enclosed by the subdivision, but not a part thereof, shall be labeled "Not a part of this subdivision."
(10) Deleted lot lines, easements or rights-of-way shall be shown on the plat in dashed lines, or screened, with a note and arrow pointing to the item to be vacated, stating that the lot line, easement or right-of-way is hereby vacated. (Dashed lines shall be graphically different for existing vs. proposed vs. deleted with a legend provided.)
(11) Display ties to aliquot section corners and to the State grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used. All dimensions are to be shown to the nearest one-hundredth (0.01) foot or in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts or parcels shall have a closure accuracy of one-hundredth (0.01) foot.
(12) All lots, tracts and appropriate building envelopes, shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing and curve data. No ditto marks shall be used for dimensions. All lots and, whenever practical, blocks shall be shown in their entirety on one (1) sheet. Lots shall be consecutively numbered and tracts shall be lettered alphabetically and in consecutive order. Include the acreage within each lot or tract, or include in a table to the nearest one hundredth (0.01) of an acre. On residential subdivisions, tracts shall be used exclusively for nonresidential property, such as areas to be dedicated for park and school sites. All parcels or areas of land inadvertently created and not identified shall be presumed to be outlots and shall not be considered to be building lots.
(13) All road names, right-of-way widths at each leg of an intersection, at point of curve and point of tangent, at dead-ends and at angle points; and right-of-way line with accurate bearings and dimensions, including chord lengths and bearings, central angles and radii of all curves. If any road in the subdivision is a continuation or approximately a continuation of an existing public road, the conformity or the amount of conformity of the new road to the existing road shall be accurately shown. Whenever the centerline of a road has been established or recorded, the date shall be shown on the final plat.
(14) The purpose, widths and location (with fine dashed lines) of all easements and all abutting easements. Any easement already of record must be definitely located, and a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be shown with an arrow or so shown that the plat will indicate clearly the actual length of the lot lines. The widths of all easements and sufficient data to definitely locate the same with respect to the subdivision and each lot must be shown. All easements must be clearly labeled and identified. If an easement shown on the plat is already of record, its recorded reference must be given. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication. A plat note may be necessary to provide complete information of the purpose of the easement.
(15) Accurately locate one-hundred-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes, inlets, storm sewers and culverts on the affected property.
(16) The
following certifications on a single sheet:
Surveyor, Board of Trustees,
(17) Plat notes which adequately explain information pertinent to the execution and maintenance of the subdivision, including the ownership of tracts, reference to the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, easements and tracts, and limitations on wells or septic systems. The developer shall provide for the construction, at no cost to the Town, of traffic signalization, all utilities and other public infrastructure, as required by the Board of Trustees, and provide bonding or other security needed to ensure such improvements, as required by the Board of Trustees.
(f) Final development reports. The applicant shall submit the supporting materials necessary for the review of the final plat which address the following items:
(1) Final drainage report, if revisions were required at the time of preliminary plan approval, and drainage construction drawings.
(2) Final road construction plans.
(3) Final utility construction drawings prepared in accordance with the requirements of the appropriate service provider.
(4) Park facilities master plan and construction plans.
(5) Construction cost estimates for all public improvements.
(6) A signed copy of the subdivision agreement attached to the ordinance codified herein as Appendix A.
(7) A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.
(8) Warranty deeds to the Town shall be provided for rights-of-way and adjacent to the subdivision reflecting the appropriate widths. The final plat shall not be recorded until all warranty deeds are executed and accepted by the Town.
(g) Recordation procedure.
Prior to the Town's recognition of subdivided land, the approved final
plat shall be recorded in the office of the
(1) The applicant shall amend the final plat document in accordance with the Board of Trustees' approval, as necessary.
(2) Within ninety (90) days of approval of the final plat, unless stated otherwise in such approval, the applicant shall submit: three (3) photographic Mylar copies (fix-line, emulsion down) of the approved final plat ready for recordation (except for Town signatures); all required documentation; and all mapping and recordation fees to the Town. The applicant shall also provide the security in the form of a letter of credit approved by the Town or cash to cover the cost of construction of the public improvements in accordance with the requirements of the subdivision agreement.
(3) Within thirty (30) days of receipt of the final plat, the Town shall obtain all Town signatures, as required, and record the final plat.
(h) Expiration of approval.
(1) Within ninety (90) days of approval of the final plat, the applicant shall submit the approved final plat and all required documentation to the Town ready for recordation, unless stated otherwise in such approval. Within thirty (30) days of receipt of the final plat, the Town shall obtain the Town signatures, as required, and record the final plat.
(2) Failure by the applicant to submit all required documentation within ninety (90) days shall render approval of the final plat null and void and result in the necessity for the resubmittal of a preliminary plan, if the preliminary plan has expired, and final plat, along with all required fees and documentation.
(3) The Board of Trustees may grant no more than one (1) extension of time, of no more than thirty (30) days, upon a written request by the applicant for good cause being shown.
(4) An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes in the Town Master Plan or this Chapter that have occurred since approval of the plat as these changes affect the plat and the anticipated time schedule for completing the platting process. Additional review of the plat may occur resulting in additional conditions as applicable. (Ord. 01-20)
Sec.
(a) Intent. The creation of four (4) or fewer lots, parcels or tracts of land with one (1) principal use on each lot and adjoining a public street is considered for this purpose as a minor development in order to streamline the review process for minor subdivisions in accordance with Section 30-28-101(10)(d), C.R.S. However, if new or private roads need to be created, or if common areas are proposed to be altered, the applicant shall comply with the sketch plan, preliminary plan and final plat requirements of this Chapter.
(b) Prerequisite. Prior to submittal of a minor development application, the applicant shall meet with the Planning Commission to discuss the procedure and submittal requirements. If it is determined that the applicant is using the minor development process to circumvent the subdivision process such as the submittal of adjoining multiple minor developments, the applicant shall be required to comply with the sketch plan, preliminary plan and final plat processes. A minor development shall not be permitted if the subdivision creates a parcel, or in the case of an existing nonconforming lot or parcel, a minor development shall not increase the nonconformity.
(c) Submittal process.
(1) The applicant shall submit one (1) copy of the minor development final plat and all supporting information to the Town.
(2) The submittal shall be reviewed for completeness within twenty (20) working days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.
(3) Once the submittal is determined complete, the Town will notify the applicant of the number of copies of the final plat required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The Town shall mail the referral packets.
(4) All minor development applications shall be submitted to the departments and agencies for review and comment as listed under Section 16-3-40(b)(4) above.
(5) The applicant shall notify the adjacent landowners and homeowners' association of the minor development application as required by the Town.
(6) The referral agencies shall comment within twenty-five (25) days of receiving a complete submittal. The applicant is encouraged to meet with the referral agencies to address any issues prior to the end of the referral period.
(7) When the Public Works Department has accepted all final engineering plans and the final plat in writing, the minor development final plat shall be scheduled for a public hearing by the Planning Commission. The Town will notify the applicant of the date and time of the public meeting.
(8) The applicant is responsible for providing public notice prior to the Planning Commission hearing in compliance with the public notice requirements in Section 16-4-30(b) through (d) of this Chapter.
(9) The Planning Commission will review the referral comments. The Planning Commission shall evaluate the application, referral comments and public testimony and make a recommendation to the Board of Trustees to approve, approve with conditions, continue for additional information or for further study or deny the minor development final plat. The Planning Commission's decision shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.
(10) Following the recommendation by the Planning Commission, the Town will schedule the minor development final plat with the Board of Trustees and notify the applicant of the public hearing date and time. When required, the subdivision agreement shall be approved by the Town Attorney and signed by the applicant prior to minor development final plat approval by the Board of Trustees. Construction plans and cost estimates for public improvements, if any, shall be approved prior to scheduling before Board of Trustees.
(11) The applicant is responsible for providing public notice prior to the Board of Trustees hearing in compliance with the public notice requirements in Section 16-4-30(b) through (d) of this Chapter.
(12) The Board of Trustees shall evaluate the minor development plat, referral agency comments, Planning Commission recommendations and public testimony and shall either approve, conditionally approve, continue for additional information or for further study or deny the minor development final plat. The Board of Trustees' action shall be based on the evidence presented, compliance with the appropriate standards, regulations and policies and other guidelines.
(13) If denied by the Board of Trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the minor development final plat for the same or substantially same request, as determined by the Board of Trustees, shall not be accepted within one (1) year of such denial.
(d) General submittal requirements.
(1) Completed land use application.
(2) Application fee.
(3) A copy of the recorded warranty deed and title commitment or updated title commitment current within thirty (30) days.
(4) A notarized letter of authorization from the landowner permitting a representative to process the application.
(5) Plat exhibit (described in Subsection (e) below).
(6) Development reports. Final drainage plans and roadway design and construction plans shall be initially submitted to the Town.
(e) Plat exhibit.
(1) The minor development final plat shall be prepared by or under the
supervision of a registered professional land surveyor licensed with the State
for recording in the office of the
(2) The minor development final plat shall be either an original drawing using only permanent black ink that will adhere to drafting films (no ballpoint, transfer type or sticky-backs are permitted) or an acceptable photographic reproduction (fix-line, emulsion down) of an original drawing.
(3) The minor development plat shall be prepared on 24" high x 36" wide flat, spliceless, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three thousandths (.003) of an inch. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on all sides entirely blank.
(4) The minor development final plat shall be drafted at a scale that best conveys the detailed survey, engineering and design of the subdivision and confines the drafting error to less than one percent (1%). Acceptable scales are 1" = 50' or 1" = 100' and, for subdivisions exceeding one hundred (100) acres, 1" = 200'. If a proposal requires multiple sheets, a composite, on 24" x 36" paper, shall be provided that delineates the boundaries and identifies each sheet number.
(5) The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development and filing number (where applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, 6th P.M., and Town of Elizabeth, County of Elbert, State of Colorado, shall be included under the name and planning area. On the title sheet (Sheet #1), under the general legal description, include the total acreage and the total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names may not duplicate existing subdivision names or planned developments.
(6) A block in the lower right-hand corner shall include the following: the preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheet and the total number of sheets.
(7) A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.
(8) When the land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan or filing map at a scale of 1" = 2,000'.
(9) A written metes and bounds legal description of the subdivision boundary with a map showing all information as required in the Colorado Revised Statutes shall be clearly and prominently indicated on the final plat. The names and locations of all abutting subdivisions and the locations of all abutting unplatted parcels and public lands shall be depicted. All lines, names and descriptions on the final plat which do not constitute a part of the subdivision shall be depicted in dashed or screened lines. Any area enclosed by the subdivision, but not a part thereof, shall be labeled "Not a part of this subdivision."
(10) Display ties to aliquot section corners and to the State grid, is available, which shows dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used. All dimensions are to be shown to the nearest one-hundredth (0.01) foot or, in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts or parcels shall have a closure accuracy of one-hundredth (0.01) foot.
(11) All lots, tracts and appropriate building envelopes shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing and curve data. No ditto marks shall be used for dimensions. All lots and, whenever practical, blocks shall be shown in their entirety on one (1) sheet. Lots shall be consecutively numbered and tracts shall be lettered alphabetically and in consecutive order. Include the acreage within each lot or tract to the nearest one-hundredth (0.01) of an acre. On residential subdivisions, tracts shall be used exclusively for nonresidential property, such as areas to be dedicated for park and school sites. All parcels or areas of land inadvertently created and not identified shall be presumed to be outlots and shall not be considered to be building lots.
(12) All road names, right-of-way widths at each leg of an intersection, at point of curve and point of tangent, at dead-ends and at angle points; and right-of-way line with accurate bearings and dimensions, including chord lengths and bearings, central angles and radii of all curves. If any road in the subdivision is a continuation or approximately a continuation of an existing public road, the conformity or the amount of conformity of the new road to the existing road shall be accurately shown. Whenever the centerline of a road has been established or recorded, the date shall be shown on the final plat.
(13) The purpose, widths and location (with fine dashed lines) of all easements and all abutting easements. Any easement already of record must be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be shown with an arrow or so shown that the plat will indicate clearly the actual length of the lot lines. The widths of all easements and sufficient data to definitely locate the same with respect to the subdivision and each lot must be shown. All easements must be clearly labeled and identified. If an easement shown on the plat is already of record, its recorded reference must be given. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication. A plat note may be necessary to provide complete information of the purpose of the easement.
(14) Accurately locate one-hundred-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes, inlets, storm sewers and culverts on the affected property.
(15) The following certifications on a single sheet: Surveyor, Board of Trustees, County Clerk and Recorder, title verification, dedication statement and Planning Commission.
(16) Plat notes which adequately explain information pertinent to the execution and maintenance of the subdivision, including the ownership of tracts, reference to the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, easements and tracts, and limitations on wells or septic systems. The developer shall provide for the construction, at no cost to the Town, of traffic signalization, all utilities and other public infrastructure, as required by the Board of Trustees, and provide security needed to ensure such improvements, as required by the Board of Trustees.
(f) Development reports. The applicant shall submit the supporting materials necessary for the review of the minor development final plat which address the items listed below.
(1) Final drainage report and drainage construction drawings.
(2) Final road construction plans.
(3) Construction cost estimates for all public improvements.
(4) A signed copy of the subdivision agreement attached to the ordinance codified herein as Appendix A.
(5) A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.
(6) Warranty deeds to the Town shall be provided for rights-of-way adjacent to the subdivision reflecting appropriate widths. The final plat shall not be recorded until all warranty deeds are executed and accepted by the Town.
(7) A traffic impact analysis, if necessary as determined by the Board of Trustees.
(8) Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available. For a subdivision of land located within a water district, a letter of commitment to serve the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area.
(9) Evidence of the physical and legal capability to provide sanitation. For a subdivision of land located within a sanitation district, a letter of commitment to serve the proposed subdivision stating the capacity to serve and feasibility of extending service to that area.
(g) Public notice requirements.
All public notice requirements shall be done in accordance with Section
(h) Recordation procedure. See
Section
(i) Expiration of approval.
(1) Within ninety (90) days of approval of the minor development final plat, the applicant shall submit the approved final plat and all required documentation to the Town ready for recordation, unless stated otherwise in such approval. Within thirty (30) days of receipt of the final plat, the Town shall obtain the Town signatures, as required, and record the final plat.
(2) Failure by the applicant to submit all required documentation within ninety (90) days shall render approval of the minor development final plat null and void and result in the necessity for the resubmittal of a minor development plat, along with all required fees and documentation.
(3) The Board of Trustees may grant no more than one (1) extension of time, of no more than thirty (30) days, upon a written request by the applicant for good cause being shown.
(4) An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes in the Town Master Plan or this Chapter that have occurred since approval of the plat as these changes affect the plat and the anticipated time schedule for completing the platting process. Additional review of the plat may occur resulting in additional conditions as applicable. (Ord. 01-20)
Sec. 16-3-75. Additional referrals.
In the event that the Board of Trustees or the Planning Commission determines that any land use application submitted under this Article has been materially changed following its initial referral to referral agencies and prior to the Planning Commission making a final advisory recommendation or the Board of Trustees making a final decision on the application, the Planning Commission or the Board of Trustees may require that said land use application as materially amended be resent to referral agencies for additional referral comments prior to any final advisory decision by the Planning Commission or any final decision being made by the Board of Trustees. (Ord. 04-06 §3)
Sec. 16-3-80. Replat, vacation, or plat amendment.
(a) Intent. The intent of this Section is to provide a process of review for a change to a recorded plat or a replat of a superblock that ensures that the change is consistent with the zone district requirements, including, but not limited to, the following:
(1) Replat of a lot or tract, adjustment or vacation of a lot line, vacation of a plat without rights-of-way or easements; or
(2) Vacation of right-of-way, easement or portion thereof.
(b) Prerequisite. The submittal process shall vary according to the nature of the proposed amendment based on, but not limited to, the following: degree of change, design, size, impact to public facilities, services, roads and overall impacts.
(c) Submittal process and requirements.
(1) A change to a recorded plat due to an error or omission shall be processed in accordance with this Chapter.
(2) A replat of a lot or tract, an adjustment or vacation of a lot line, a vacation of a plat (without rights-of-way or easements) or a minor reconfiguration of an easement shall be processed as follows:
a. When determined by the Board of Trustees to be insubstantial, the replat shall be processed in accordance with the final plat process.
b. When determined by the Board of Trustees to be substantial, the replat shall be processed in accordance with the sketch plan, preliminary plan and final plat processes. These processes may be combined upon the approval of the Board of Trustees based upon, but not limited to, the following factors: design size, public concern, public facilities, services, access and transportation network.
(3) A vacation of a platted easement or right-of-way shall be processed in accordance with the final plat process. In addition:
a. For a vacation of a public right-of-way, a public hearing is required by the Planning Commission and Board of Trustees. Public notice shall be required for both the Planning Commission and the Board of Trustees hearing in accordance with Section 16-4-30(b) through (d) of this Chapter. (NOTE: An access easement, i.e., trail, shall be considered a right-of-way.)
b. For a vacation of an easement, public notice shall be required for the Board of Trustees hearing in accordance with Section 16-4-30(b) through (d) of this Chapter. In addition, the applicant shall send a notice of hearing to known easement holders notifying them of the proposed vacation by certified mail, return receipt requested.
(4) A vacation of an unplatted easement or right-of-way shall be processed as follows:
a. An ordinance shall be prepared that includes the legal description of the right-of-way or easement to be vacated and the book and page numbers as recorded by the County Clerk and Recorder.
b. The vacation request shall be heard by the Planning Commission and Board of Trustees at a public hearing. Public notice shall be required only for the Board of Trustees hearing in accordance with Section 16-4-30(b) through (d) of this Chapter. The ordinance shall be recorded in the office of the County Clerk and Recorder upon obtaining the signature of the Mayor.
(5) An amendment to a plat which includes a redesign of streets, blocks, lots and easements shall be processed according to the sketch, preliminary plan and final plat process of this Chapter.
(d) Public notice requirements. All public notice requirements shall be done in accordance with Section 16-4-30(b) through (d) of this Chapter.
(e) Plat title. The title shall be the same as the previously recorded plat followed by the amendment number along the first line at the top of the sheet (along the long dimension). The planning area, if applicable, and a brief description of all the changes shall be placed under the title.
(f) Lot numbers. The lots shall be numbered consecutively starting with the number 1. Tracts shall be lettered alphabetically in consecutive order. Include the square footage within each lot. (Ord. 01-20)
Sec.
(a) Intent. The final plat shall contain executed certificates, notices and statements in the following form. Such certificates, notices or statements may be modified with the permission of the Town Attorney when warranted by special conditions.
(b) Signatures. All signatures must be signed in indelible black ink only as approved by the Clerk and Recorder. No pencils, red ink or ball points.
(c) Surveyor.
I, (Surveyor name), a duly registered
Professional Land Surveyor in the State of Colorado, do hereby certify that
this plat truly and correctly represents the results of a survey made on (date
of survey), by me or under my direct supervision and that all monuments
exist as shown hereon; that mathematical closure errors are less than 1:50,000
(second order); and that said plat has been prepared in full compliance with
all applicable laws of the State of Colorado dealing with monuments,
subdivisions or surveying of land and all provisions, within my control, of the
Town Subdivision regulations.
I attest the above on this ____ day of ___________,
20___.
(Signature)
(Surveyor's Name)
Surveyor's seal shall appear
with this certificate.
(d) Planning Commission.
The Preliminary Plan for this plat was reviewed by
the Planning Commission on (date).
_______________________________
Chair, Planning Commission
(e) Board of Trustees.
(1) Use this format for all plats, except plats with private roads, replats or vacations:
This plat was approved by the Board of Trustees of
the Town of Elizabeth, Colorado, on the ____ day of ___________, 20___, for
filing. The dedications are hereby
accepted.
All expenses incurred with
respect to improvements for all utility services, paving, grading, curbs, gutter,
sidewalks, road lighting, road signs, flood protection devices, drainage
structures and all other improvements that may be required shall be the responsibility
of the subdivider
and not the Town of Elizabeth. The Town
shall only accept maintenance of the roadway improvements after construction
has been completed, and after the warranty period, in accordance with Town
Regulations.
This acceptance does not
guarantee that the soil conditions, subsurface geology, groundwater conditions or flooding
conditions of any lot shown hereon are such that a building permit will be
issued.
(Signature)
Mayor, Town of Elizabeth
Attest: (signature)
Town Clerk
(2) Use this format for plats with approved private roads:
This plat was approved by the Board of Trustees of
the Town of Elizabeth, Colorado, on the ____ day of _______________, 20___, for
filing subject to the conditions set forth by the Board of Trustees. The dedications are hereby accepted. This approval is with the understanding that
all expenses incurred with respect to required improvements for all utility
services, paving, grading, landscaping, curbs, gutters, sidewalks, road
lighting, road signs, flood protection devices, drainage structures and all
other improvements that may be required shall be the responsibility of the
subdivider and not of the Town of Elizabeth.
The responsibility for maintaining private roads, including the removal
of snow accumulations, shall be with the subdivider or his or her assigns in
perpetuity.
(3) Use this format for vacations:
The streets and roads, lots, tracts, parcels and
easements (delete those that are not applicable) shown on the plat of (subdivision
name), recorded in the Office of the Elbert County Clerk and Recorder,
Reception #_________________ are hereby vacated this ____ day of
__________________, 20___.
(Signature)
Mayor, Town of
Attest: (signature)
Town Clerk
(4) Use this format for replats:
Lot, Block, (name of subdivision), Filing #_____ is
herewith amended by this plat which is hereby approved by the Board of Trustees
of the Town of Elizabeth, Colorado, for filing in the Office of the Elbert
County Clerk and Recorder, subject to all covenants, conditions and
restrictions recorded against and appurtenant to the original plat recorded in
the office of the Elbert County Clerk and Recorder, Reception
#________________.
(Signature)
Mayor, Town of
Attest: (signature)
Town Clerk
(f) Title verification.
I/We (name), a (choose one: qualified title
insurance company, title attorney or attorney‑at‑law), do hereby
certify that I/we have examined the title of all land platted hereon and that
title to such land is in the dedicator(s) free and clear of all liens, taxes
and encumbrances, except as follows:
(When signed by an attorney):
(signature) (Registration No.)
Date Name of Attorney
(When signed by an official of a title insurance
company):
(notarized signature)
Date Company Name
(g) Clerk and Recorder.
STATE OF COLORADO )
COUNTY OF ELBERT )
I hereby certify that this plat was filed in my
office on this ____ day of ______________, 20___ A.D., at ________ a.m./p.m.,
and was recorded at Reception Number _________________.
(Signature)
County Clerk and Recorder
(h) Dedication statement.
The undersigned, being all the owners, mortgagees,
beneficiaries of deeds of trust and holders of other interests of the lands
described herein, have laid out, subdivided and platted said lands into lots,
tracts, blocks, streets and easements as shown hereon under the name and
subdivision of ______________. The
utility easements as shown hereon are
hereby dedicated for public utilities and cable communication systems and other
purposes as shown hereon. The entities
responsible for providing the services for which the easements are established
are hereby granted the perpetual right of ingress and egress from and to
adjacent properties for installation, maintenance and replacement of utility
lines and related facilities. All
streets and rights‑of‑way, shown hereon are dedicated and conveyed
to the Town of Elizabeth, Colorado, in fee simple absolute, for public uses and
purposes.
(Signature)
(Owners/Mortgagee)
By:
Title:
ATTEST:
(Signature)
Secretary
Subscribed and sworn to before me this ____ day of
________________, 20___, by (name printed).
WITNESS my hand and official
seal.
(Signature)
Notary Public
My commission expires: ___________
Signatures of officers
signing for a Corporation shall be acknowledged as follows: "(Print name) as President/Vice
President and (print name) as Secretary/Treasurer, of (name of
corporation), a (state) corporation."
NOTE: Include signature lines and notary lines for
all owners/mortgagees.
(Ord. 01-20)
Sec. 16-3-100. Guarantee of public improvements.
(a) No final plat shall be approved or recorded until the applicant has submitted and the Board of Trustees has reviewed and accepted a subdivision agreement (or similar performance agreement) that provides for the construction of all required public improvements shown in the final plat documents (the "public improvements") and secured by a financial guarantee in the form of an irrevocable letter of credit or cash arrangement approved by the Town Attorney (the "security") in the amount of one hundred ten percent (110%) of the total construction cost of the public improvements.
(b) Regional facilities. Regional facilities include, but are not limited to, the following public improvements: community parks or trails; arterial or collector roads; water transmission lines; sewer outfall lines; flood area or channel improvements; storm water detention ponds; lift stations; and pump stations. The Town may determine that other public improvements constitute regional facilities, provided that the subdivision will impact or utilize public improvements which benefit other developed or developing areas in the vicinity of the subdivision or are directly related to the subdivision either by being within or adjacent to the subdivision ("regional facilities"). Regional facilities shall not include public improvements that are designed solely for internal subdivision use. If there are regional facilities associated with a subdivision, then the subdivision agreement shall provide that:
(1) In the event the applicable regional facilities are required to be constructed at the time of approval of the subdivision agreement, or the Town has received a commitment from a third party securing construction of such facilities, the applicant shall pay a pro rata portion of the cost of the regional facilities; or
(2) In all other instances, the cost of the regional facilities is initially borne by the applicant, preserving the applicant's right to recoupment in accordance with Town ordinances and applicable recoupment agreements.
The applicant's obligation to construct or participate in the cost of development of regional facilities shall be secured as provided in Subsection (a) above.
(c) Restriction on development approvals. Until the public improvements are accepted by the Town in writing, the Town shall not be obligated to issue any certificates of occupancy for private improvements within the subdivision.
(d) The applicant shall provide the Town with an itemized estimate of the cost of required improvements.
(e) The Town shall review the subdivision agreement and the cost estimates and recommend changes as necessary to complete the required improvements.
(f) The Town shall monitor all subdivision agreements and performance agreements. Prior to the expiration of the financial guarantee, the Building Official shall notify the Board of Trustees and developer of the expiration date and estimated cost of the outstanding improvements. An extension of the financial guarantee for the cost of the outstanding improvements shall be required.
(g) Upon inspection by the Building Official and approval of the public improvements in writing, the Town shall release the financial guarantee as provided in the subdivision agreement at the end of the warranty period. (Ord. 01-20)
Sec. 16-3-110. Design standards.
(a) Intent. The following standards shall apply to all new subdivisions of land in the Town, thereby resulting in the creation of lots which are developable in conformance with all applicable Town regulations.
(b) Subdivision improvements.
(1) In each new subdivision, the Board of Trustees shall determine the type, location and extent of necessary public improvements depending upon the characteristics of the proposed development and its relationship to surrounding areas. Improvements shall be made by the applicant at the applicant's expense according to standards and specifications prepared by a qualified professional engineer in accordance with all applicable regulations.
(2) Proposed improvements shall conform to the requirements of all regulations pertaining to the development of land.
(c) Site characteristics.
(1) Subdivisions shall provide for the preservation of significant stands of vegetation, unique or distinctive topographic features including buttes and rock outcroppings, drainage, riparian and wetland areas, significant wildlife habitats including breeding grounds, nesting areas, migration routes and wintering areas, scenic views, identified aquifer recharge areas, and important historical or archaeological sites.
(2) Land shall be subdivided in such a manner that it can be used safely for the intended purpose without danger to the public health, safety or welfare or peril from fire, flood, geologic hazards or other natural hazards.
(3) Subdivisions shall be designed to provide for lots that are of an appropriate size and configuration for the site characteristics and intended uses; connections between neighborhoods, shopping and recreation areas that are safe and convenient; adequate buffering from the adverse impacts of adjoining uses through lot orientation, setbacks, landscaping or other appropriate methods; conservation of water, land and energy resources; minimization of grading, road cuts and fills; and a road system designed to preserve the integrity and function of the arterial and local roadway network.
(d) Streets.
(1) All streets and road rights-of-way shall be constructed in conformance with applicable regulations.
(2) Streets shall be aligned to join with existing or planned streets as nearly as practical, and to provide future access to adjacent undeveloped land.
(3) Streets shall be designed to bear a logical relationship to the topography of the site provided for energy conservation, and related to significant natural or manmade features.
(4) All streets proposed for dedication to the Town shall be in conformance with the specifications and criteria adopted by the Town.
(5) Intersections shall be as nearly at right angles as possible.
(6) Local roads leading to cul-de-sacs providing access to lots averaging one (1) acre or less in size shall be not more than five hundred (500) feet in length and shall have a turnaround with a street surface diameter of at least one hundred (100) feet, and a right-of-way diameter of at least one hundred thirty (130) feet. Cul-de-sacs providing access to lots averaging more than one (1) acre in size shall be not more than one thousand five hundred (1,500) feet in length and shall have a turnaround with a street surface diameter of at least one hundred (100) feet and a right-of-way diameter of at least one hundred thirty (130) feet. Drainage shall be toward the intersecting street, unless a drainage easement is platted along side lot lines to carry surface runoff safely away from the cul-de-sac.
(7) Dead-end streets (not including cul-de-sacs) shall be prohibited unless they are platted to the boundary of the subdivision and are located to provide logical connection to future streets in adjacent undeveloped land. All dead-end streets shall be provided with a temporary turnaround right-of-way easement having a diameter of at least one hundred thirty (130) feet; dead-end streets extending more than five hundred (500) feet from the nearest intersection street shall be provided with a temporary turnaround having a street surface diameter of at least one hundred (100) feet and a temporary right-of-way easement having a diameter of at least one hundred thirty (130) feet.
(8) Adequate access from existing state, federal or county highways shall be provided by developers to all projects.
(9) Restriction of access shall be required when a proposed subdivision or portion thereof adjoins a major arterial. In these situations the Town may request one (1) of the following or combination thereof: lots adjoining the major thoroughfare to have additional depth; a nonvehicular access reservation adjoining the thoroughfare to preclude additional access to the property other than as approved; or a limited access frontage road to serve the proposed development.
(10) When proposed developments adjoin existing streets, the Town may require the developer to dedicate additional right-of-way and/or improve that section of the street adjoining the development.
(11) Half streets are not acceptable.
(12) Reverse curves on major arterials shall be joined by a tangent at least two hundred fifty (250) feet in length.
(13) Reserve strips or nonvehicular access easements controlling access to streets may be required by the Town and are permitted only when the control of such strips is given to the Town under conditions approved by the Board of Trustees.
(e) Road design standards and specifications. These specifications shall be in effect until such time as they may be superseded by ordinance.
(1) Right-of-way will vary in width to accommodate necessary cut and fills.
|
Classification |
Right-of-Way
Width |
Surface
Width |
|
Major Arterial |
100 feet |
48 feet divided |
|
Major Arterial/Collector |
80 feet |
40 feet |
|
Local Access |
60 feet |
32 feet |
|
Cul-de-sac |
130 feet diameter |
100 feet diameter |
(2) Consult the Board of Trustees for design standards and specifications to be used.
(f) Easements.
(1) Utility easements shall be required and provided in the manner needed by the appropriate utility company.
(2) Easements
(for floodplain management purposes and access to drainage easements where
designated) shall be perpetual unless modified by the Town and parties
affected. Said easements shall not be encroached upon by any permanent structures or modified in any way without Town approval.
(g) Lots.
(1) Lot dimensions and sizes shall conform to applicable zoning requirements.
(2) Each lot shall have adequate access to a public street.
(3) No lots shall be divided by municipal boundaries.
(4) Delineation of areas for potential building sites (building envelopes) shall be required for those lots significantly affected by any designated or known one-hundred-year floodplain, major drainageway or areas of excessive slope of twenty percent (20%) or greater.
(5) Side lot lines shall be substantially at right angles or radial to street right-of-way lines.
(h) Public sites, reservations, dedications.
(1) Dedication of right-of-way for public streets, drainage easements and utility easements shall be required.
(2) Dedication of land to the Town shall be in accordance with applicable Town ordinances.
(3) Land designated for public streets shall not be included in the percentage of site area for Town-dedicated land.
(4) The Board of Trustees shall determine the intended uses of Town-dedicated land.
(5) The location and design of areas for dedication shall be mutually agreed upon by the applicant and the Board of Trustees following recommendations from the Planning Commission and other public or semi-public agencies directly involved in the development and service of such areas.
(6) All developments shall include a dedication of ten percent (10%) of the total proposed land area to the Town. The Town, at the discretion of the Board of Trustees, may accept cash payment in lieu of land, or a combination of land and cash. Areas proposed for dedication shall be suitable and usable for the purposes or uses intended as determined by the Board of Trustees. Factors to be considered in determining such suitability and usability include, but are not limited to, size and location of existing and projected future population to be served, access, slope, drainage, character or terrain, vegetable cover, and size and shape of the areas.
(7) Dedication of such sites to the Town shall be achieved through warranty deed concurrent with or at the time of final plat review by the Board of Trustees and consummated prior to recordation of the final plat. The applicant shall pay for and provide a title insurance policy for all dedicated land prior to the final plat review.
(i) Water and sanitation. Sewer and water systems shall all be designed according to applicable standards within the Town.
(j) Erosion and sediment control plan. An erosion and sediment control plan shall be submitted which addresses the existing and potential erosion and sediment problems created by the proposed development.
(k) Drainage study. Drainage studies shall be submitted as part of the subdivision submittal requirements.
(l) Other public improvements. Other reasonable improvements, not specifically mentioned herein and found appropriate and necessary by the Board of Trustees, shall be constructed at the developer's expense within such time and in conformance with such specifications as deemed necessary and appropriate. (Prior Code 9-12.2—7; Ord. 01-20)
Sec. 16-3-120. Storm drainage criteria adopted.
The Town hereby adopts the Town of Elizabeth Storm Drainage Design and Technical Criteria dated October 1, 1998, including the Erosion Control Criteria attached to the Town of Elizabeth Storm Drainage Design and Technical Criteria as Addendum A. A copy of the Criteria is attached to the ordinance codified herein and available in the office of the Town Clerk. (Ord. 00-13 §1)
Sec. 16-3-130. Adequacy of water supply.
(a) Before granting approval for any development permit for a project that includes new water use in an amount exceeding that used by fifty (50) single-family equivalents, or fewer as otherwise required by the Town, the Board of Trustees must determine that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Such determination shall be made only once during the development permit approval process unless the Board of Trustees determines that water demands or supply of the specific project for which the development permit is sought are materially changed. The Board of Trustees shall have the discretion to determine the stage in the development permit approval process at which such determination is made.
(b) Nothing in this Section shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.
(c) If the development is to be served by the Enterprise or other water supply entity, the applicant must submit either a report or a letter by a registered professional engineer or by a water supply expert stating whether an adequate water supply is available for the proposed development. At applicant's expense, the information shall be provided and reviewed by the Enterprise's engineer or water supply expert. The applicant may request the Enterprise engineer or water supply expert complete the report, but the applicant shall reimburse the Enterprise for costs associated with those services. The report or letter must include:
(1) An estimate of the water supply requirements for the proposed development through build-out conditions;
(2) A description of the physical source of water supply that will be used to serve the proposed development;
(3) An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions;
(4) Water conservation measures, if any, that may be implemented within the proposed development;
(5) Water demand management measures, if any, that may be implemented to address hydrologic variations; and
(6) Such other information as required by the Board of Trustees.
(d) If the development is not to be served by the Enterprise or other water supply entity, the applicant must submit estimated water supply requirements for the proposed development in a report prepared by a registered professional engineer or by a water supply expert acceptable to the Board of Trustees. At applicant's expense, the information shall be provided and reviewed by the Enterprise's engineer or water supply expert. The applicant may request the Enterprise engineer or water supply expert complete the report, but the applicant shall reimburse the Enterprise for costs associated with those services. The report must include those items numbered (1) through (6), inclusive, set forth in Subsection (c) above.
(e) Notwithstanding other Code provisions to the contrary, the applicant need not submit a report or letter as set forth in Subsection (c) above if the Enterprise or water supply entity has a water supply plan that meets all of the following requirements:
(1) Has been reviewed and updated, if appropriate, within the previous ten (10) years by the Enterprise's or the water supply entity's governing board;
(2) Has a minimum twenty-year planning horizon;
(3) Lists the water conservation measure, if any, that may be implemented within the service area;
(4) Lists the water demand management measures, if any, that may be implemented within the development;
(5) Includes a general description of the Enterprise's or water supply entity's water obligations;
(6) Includes a general description of the Enterprise's or water supply entity's water supplies; and
(7) Is on file with the Town.
(f) The Board of Trustees' determination as to whether an applicant has a water supply that is adequate to meet the water supply requirements of a proposed development is to be based on consideration of the following information:
(1) Any report or letter that was submitted pursuant to Subsection (c) above;
(2) If requested by the Board of Trustees, a letter from the state engineer commenting on the report or letter submitted pursuant to Subsection (c) above;
(3) Whether the applicant has paid a fee or charge to the Enterprise for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and
(4) Any other information deemed relevant by the Board of Trustees to determine, in its sole discretion, whether the water supply for the proposed development is adequate.
(g) Definitions. For purposes of this Section:
Adequate means a water supply that will be sufficient for build-out of the proposed development in terms of quality, quantity, dependability and availability to provide a supply of water for the type of development proposed, and may include reasonable conservation measures and water demand management measures to account for hydrologic variability.
Enterprise means the Water Activity Enterprise of the Town of Elizabeth.
Water supply entity means a municipality, county, special district, water conservancy district, water conservation district, water authority or other public or private water supply company that supplies, distributes or otherwise provides water at retail.
(f) All water rights shall be dedicated in accordance with Article IV, Chapter 13 of this Code. (Ord. 09-05 §1)
Sec. 16-3-140. Street Standards and Specifications adopted.
The Town hereby adopts the "Town of Elizabeth Street Standards and Specifications," dated July 2009, attached to Ordinance 09-07 as Exhibit A. A copy of the Town of Elizabeth Street Standards and Specifications is available in the office of the Town Clerk. (Ord. 09-07 §1)
ARTICLE IV
Public Notice Requirements
Sec. 16-4-10. Purpose.
All land use applications that require public hearings before the Board of Trustees or Planning Commission shall be subject to these requirements. Public noticing of hearings is intended to provide for the opportunity for public participation on land use proposals within the Town. (Ord. 01-20)
Sec. 16-4-20. General provisions.
(a) It is the responsibility of the applicant to meet these requirements prior to the established hearing date.
(b) The Board of Trustees or Planning Commission may continue any hearing to a date certain and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be pursued by the applicant unless a period of four (4) weeks or more elapses between hearing dates before the same board. In situations where this time period has passed, the applicant shall be required to publish the "NOTICE OF PUBLIC HEARINGS" provided in Section 16-4-30(b) below and change the date on the signs posted on the property required in Section 16-4-30(d). All signs shall be removed from the property within five (5) days from the date of the final hearing on the application.
(c) The Board of Trustees may at its discretion require the applicant to comply with these procedures for land use applications other than those already prescribed for public hearings in the zoning and subdivision ordinances.
(d) These public notice requirements apply to all land within the jurisdiction of the Town, as well as those parcels subject to the consideration of and petitioning for annexation to the Town boundaries.
(e) No public hearing shall commence, nor testimony be taken, until these procedures are met by the applicant.
(f) Upon written request, the Planning Director may authorize the concurrent noticing of Planning Commission and Board of Trustees hearings.
(g) For notification of adjoining property owners, applicants must use the County Assessor's records, and the list submitted to the Planning Office must be current within sixty (60) days of the public hearing. A written affidavit indicating the date that the notices were researched at the Assessor's Office shall be provided to the Community Development Department.
(h) Proof of all notices must be provided to the Community Development Department one (1) week prior to the hearing or the item will be dropped from the agenda. (Ord. 01-20)
Sec. 16-4-30. Public notice procedures.
(a) The following applications shall be subject to the public notice procedures outlined herein:
(1) Rezoning (amendments to the Official Zoning Map);
(2) Site plan review;
(3) Planned developments;
(4) Major amendments to a development guide or plan;
(5) Sketch plan and preliminary plans for subdivision;
(6) Vacations and replats; and
(7) Zoning and sign code variances.
(b) At least fifteen (15) days prior to a public hearing, a notice shall be published at least one (1) time in the legal notice section of a general circulation newspaper within the Town. A publisher's affidavit shall be submitted to the Community Development Department prior to the hearing date to verify the publication of the required notice. The notice shall read as follows:
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the (Name of Board: Board of Trustees or Planning Commission)
shall hold public hearings concerning (type of application request), located on
property described in Exhibit A and generally located at (distance and
direction of nearest major intersections), pursuant to the Town of Elizabeth
Land Development Ordinance.
The public hearings are to be held before the (Name
of Board) on (date), (year), at (time a.m./p.m.), or as soon as possible
thereafter. The public hearing shall be
held in the Town Hall, 321 S. Banner Street, Elizabeth, Colorado, or at such
other time or place in the event this hearing is adjourned. Further information is available through the
Town Community Development Department at (303) 646-4166.
ALL INTERESTED PERSONS MAY
ATTEND.
EXHIBIT A (legal description)
(c) At least fifteen (15) days prior to a public hearing, a written notice shall be sent by certified mail to all owners of property within five hundred (500) feet of the site for which the land use application is made. Return receipts shall be submitted with a list of all area property owners to the Planning Office prior to the hearing date. The written notice shall contain the following information:
(1) The entire notice of public hearings outlined in subsection (b) above, including the legal description; and
(2) A narrative outlining the proposed land use application before the Planning Commission and the Board of Trustees.
(d) Sign. At least fifteen (15) days prior to a public hearing, a notice shall be posted on the property for which the land use application is made. These notices shall consist of at least one (1) sign facing each adjacent public right-of-way. In the case of a variance request, only one (1) sign shall be posted on site in the general vicinity the variance is being considered. These notices shall be in the form of signs measuring not less than three (3) feet by four (4) feet, with lettering a minimum of three (3) inches high and on posts no less than four (4) feet above the ground. All lettering shall be clearly legible from the right-of-way the sign faces. These notices shall read:
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the property upon which this sign is posted shall be considered at public hearings for (type of application request) pursuant to the Town of Elizabeth Land Development Ordinance.
The public hearings are to be held before the (Name of Board) on (date), (year) at (time a.m./p.m.), or as soon as possible thereafter. The public hearing shall be held in Chambers for the Town of Elizabeth. Further information is available through the Town Community Development Department at (303) 646-4166.
ALL INTERESTED PERSONS MAY ATTEND.
(e) Sign affidavit. The applicant shall provide the Community Development Department with a notarized affidavit to the posting of the sign. The affidavit shall be in substantially the following form:
SIGN POSTING AFFIDAVIT
(Attach Photo Here)
________________, The above sign was posted on (date) pursuant to the Town of Elizabeth Land Development Code, by (Applicant or Representative).
___________________________
Signature
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
Subscribed and sworn to before me this _____ day of _____________, 20___, by ___________________.
My commission expires: ______________.
(SEAL)
________________________
Notary Public
(f) Vacation requests of lot lines, easements, approved plats or rights-of-way shall follow the same public notice procedures found in Subsections (b) through (d) above, except that references to the hearings before the Planning Commission and the Board of Trustees may be combined upon approval of the Planning Director. (Ord. 01-20)
ARTICLE V
Vested Property Rights
Sec. 16-5-10. Intent.
This Article defines a site specific development plan to implement Article 68 of Title 24, C.R.S., for real property located entirely within the Town's zone districts. (Ord. 01-20)
Sec. 16-5-20. Definitions.
A site specific development plan under this Article means a planned development plan which is submitted to the Town by a landowner of real property located within one (1) of the zoning districts described herein, which describes with reasonable certainty the type and intensity of use for a specific parcel of real property as required by this Article. What constitutes a site specific development plan under this Section that would trigger a vested property right shall be finally determined by the Board of Trustees pursuant to this Article and upon an agreement entered into between the Town and the land owner (the "Site Specific Development Plan Agreement"). (Ord. 01-20)
Sec. 16-5-30. Creation of vested
rights.
(a) If the applicant wishes the approval of the site development plan to create vested property rights pursuant to Article 68 of Title 24, C.R.S., the plan shall include a statement that it is being submitted for designation as a site specific development plan. Failure to include such statement or to comply with any other condition of this Section regarding site specific development plans shall result in no vested property rights being created by the approval or conditional approval of the site development plan.
(b) If approved, the effective date of the approval shall be the effective date of the resolution approving the site specific development plan. The resolution of the Board of Trustees approving the site specific development plan and agreement shall be accompanied by any terms or conditions imposed on the site specific development plan.
(c) Approval of a site development plan under this Section shall be valid for three (3) years after the date of the approval or approval with conditions by the Board of Trustees. If the applicant has not obtained final plat or site plan approval under this Chapter for the property within said time or the applicant fails to abide by the terms and conditions of the site specific development plan and agreement, the approval of the site specific development plan shall be rescinded.
(d) Each site specific development plan, upon approval or conditional
approval by the Town, shall contain a statement as follows: "This plan constitutes a site specific
development plan as defined in Section 24-68-101 et seq., C.R.S., and Ordinance No. ______ of the Town of
Sec. 16-5-40. Procedures and requirements.
(a) No vested property rights may be created or site specific development plan approved except in compliance with the requirements of this Article.
(b) A property right which is vested as provided herein shall be vested for a period of three (3) years from the date of approval of the site specific development plan upon compliance with all terms and conditions of such approval. This vesting period shall not be extended by any amendments to the site specific development plan, unless expressly authorized in writing by the Town.
(c) Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions or requirements of the Town pertaining to the development and use of the property adopted or applicable before or after the approval of a site specific development plan including, but not limited to, subdivision and site plan requirements contained in this Chapter.
(d) Nothing in this Article is intended to create a vested property right, but only to implement the provisions of Section 24-68-101 et seq., C.R.S. In the event of a repeal of said statute or a judicial determination invalidating or declaring unconstitutional part or all of said statute, portions of this Article regarding approval of site specific development plans or creation of vested property rights shall be deemed repealed and the provisions hereof no longer effective or, in the event only a portion of said statute is declared void or unconstitutional, then the portion of this Article corresponding thereto shall be deemed repealed and no longer effective. (Ord. 01-20)
Sec. 16-5-50. Waiver or forfeiture.
Failure to abide by any terms or conditions imposed by the Town on the approval of any site specific development plan or agreement shall constitute a forfeiture by the landowner of any vested right created by the plan. (Ord. 01-20)
ARTICLE VI
Parking Space Requirements
Sec. 16-6-10. Parking space requirements.
(a) Definitions.
Hard-surfaced means concrete, asphalt or other material that is acceptable to the local fire department jurisdiction.
Useable floor area means that area of a building which contains a specific use and is normally occupied by that use. Areas such as bathrooms, closets and hallways are not considered useable space.
(b) The listed uses shall be subject to the following parking space requirements. Each type of use shall be applied independently to individual areas within the building (i.e. a restaurant would have a dining area, office space and other spaces such as a kitchen).
(1) Residential. Two (2) off-street parking spaces shall be provided for each new single-family dwelling unit;
(2) Retail. One (1) parking space for each two hundred (200) square feet of usable floor area;
(3) Assembly halls. For auditoriums, arenas, gymnasiums, exhibition halls, theaters, convention centers, and other similar public gathering places, at least one (1) parking space for every four (4) seats, or