ARTICLE 070.010
In General
070.010.010 Definitions
070.010.020 Purposes
070.010.030 Public Notice
070.010.040 Development Review Fee Schedule
070.010.050 Appeals
070.010.060 Applicability
070.010.061 Incentives for Affordable Housing Projects
070.010.070 Conflicts with Code and Charter
070.010.080 Validity of Provisions, Severability
070.010.090 Enforcement
For the purposes of this Title, certain terms are defined as follows unless the context clearly indicates that a different meaning was intended by City Council:
Accessory building means a detached subordinate building located on the same lot as the principal building, the use of which is incidental to the principal building or use of the lot; such building shall not be used for living or sleeping quarters in a residence zone district.
Accessory dwelling unit means a separate, complete, dwelling unit containing separate facilities for sleeping, cooking, and sanitation that is contained within or attached to a detached single-family dwelling, or detached from it on the same property. (A 3-08 §2)
Accessory use means a use incidental and subordinate to the principal use of the lot.
Alternative transportation means transportation by a means other than one individual in a car driving to a particular location, the intent of which is to reduce traffic congestion, pollution, and area devoted to paving for parking lots. Examples include carpooling, walking, bicycling, and riding the bus. (Ad 1-07 §2)
Attached accessory dwelling unit means a type of accessory dwelling unit in which common exterior structural properties of the existing dwelling, such as roof and load-bearing wall, are integrated into the design and/or extended, without separation, as an addition to the existing dwelling. (Ad 40-98 §2; A 3-08 §2)
Bed and
breakfast means a facility which is owner-occupied or occupied by a
resident manager, where guest stays are limited to a maximum of thirty (30)
days in any sixty-day period. Kitchen
and dining facilities serve only residents and guests and are not operated in
the manner of a commercial restaurant, and facilities are not used for any
commercial activities such as for-profit private parties or receptions, retail
sales or similar activities. For
buildings in existence on or before January 1, 1987, the total number of bedrooms, including bedrooms occupied by permanent
residents of the building, are limited to the number of rooms
historically used as sleeping quarters in the building prior to January 1,
1987. For buildings constructed after
January 1, 1987, the total number of bedrooms, including the bedrooms occupied
by permanent residents of the building, are limited to five (5).
Boarding Home, Personal Care: An assisted living
residence that provides room and board to not less than three (3) and not more
than six (6) adults eighteen (18) years of age or older and who, because of
impaired capacity for independent living, elect protective oversight, personal
services and social care but do not require 24 hour nursing or medical care.
Personal care boarding homes shall not serve clients requiring a secured
environment as defined by 6 C.C.R. 1011-1, Section 1.102, and shall not include
residential facilities for those living together as a result of prior criminal
offenses. (Ad 5-07, § 1; A 6-07, §1)
Boarding or rooming house means a building or portion thereof, other than a hotel, motel, lodge or multiple-family dwelling wherein lodging and/or meals are provided for four (4) or more persons for compensation; such compensation may include money, services or other things of value.
Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, not including a porch, deck, fence, retaining wall or similar non-enclosed structure.
Building envelope means lines enclosing a horizontal space in which a building is to be constructed, which lines indicate the maximum exterior dimensions of the proposed building but which do not necessarily depict the shape of the exterior walls of the building.
Building height means the maximum distance possible measured vertically from undisturbed natural ground level to the roof ridge or any other part of a building.
Building lot means a lot which meets the applicable zone district requirements for construction of a building in the zone district.
Building lot line, front means the property line of a lot dividing said lot from the adjoining street which provides primary vehicular access to the property.
Building lot line, rear means the property line of a lot opposite the front lot line.
Building lot line, side means any lot property line other than a front or rear lot line.
Building, principal means a building in which is conducted the principal use of the lot on which said building is located.
Capital improvement plan means an advisory planning document officially adopted and updated on an annual basis by the City Council, which document identifies proposed capital improvement projects for the current and ensuing years.
Child care center
means a facility, by whatever name known, that is maintained for the whole or
part of a day for the care of five (5) or more children who are eighteen (18)
years of age or younger and who are not related to the owner, operator or
manager thereof, whether such facility is operated with or without compensation
for such care and with or without stated educational purposes. The term
includes, but is not limited to, facilities commonly known as day care centers,
school-age child care centers, before and after school programs, nursery
schools, kindergartens, preschools, day camps, summer camps, and centers for
developmentally disabled children and those facilities that give
twenty-four-hour care for children and includes those facilities for children
under the age of six (6) years with stated educational purposes operated in
conjunction with a public, private or parochial college or a private or
parochial school; except that the term shall not apply to any kindergarten
maintained in connection with a public, private or parochial elementary school
system of at least six (6) grades or operated as a component of a school
district's preschool program operated pursuant to the Colorado Preschool and
Kindergarten Program Act, Section 22-28-101, et seq. of the Colorado
Revised Statutes, as amended. The term shall not include any facility licensed
as a family child care home or foster care home. (Ad. 9-05, §1; A 11-08, §2)
Child care home is a type of family care home that provides less than 24-hour care for 2 or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the caregiver. Care may be provided for 6 children from birth to 13 years of age with no more than 2 children under 2 years of age. This does not prohibit the care of children ages 13 to 18. Care also may be provided for no more than 2 additional children of school age attending full-day school. School-age children are children enrolled in a kindergarten program a year before they enter the first grade and children 6 years of age and older. Residents of the home under 12 years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise. A family child care licensee may be approved to care for 3 children under 2 years of age with no more than 2 children under 12 months, including the caregiver’s own children per the state’s requirements. (Ad 42-87 §1; R & Re 9-05, §1)
Child care home (large) is a family child care home that provides care for 7 to 12 children. Child care may be provided to children from 24 months to 13 years of age. This does not prohibit the care of children ages 13 to 18. Care may be provided to no more than 2 children under 2 whether or not older siblings are in care. (Ad 9-05, §1)
City goals and policies means goals and policies of the City as adopted by the Planning and Zoning Commission and certified by the City Council as part of the City's Comprehensive Plan.
Collector street means a street so designated in the City's Major Street Plan which is designed to facilitate the movement of traffic from local streets to arterial streets.
Common open space means open areas of land or water or a combination thereof within a development designed and intended primarily for the use and enjoyment of residents, occupants, customers, employees and owners of property within the development.
Compatibility means the characteristics of different uses, activities, or designs which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. (Ad 10-08, §2)
Condominium unit means a separate estate containing any specified portion of a building or a building and land together with an interest in the common areas of the development.
Condominiumization means the division of buildings or buildings and land into separate interests, normally called condominium units for the purpose of sale.
Criminal justice facility means a facility used primarily for conducting the affairs of the criminal justice system, including federal, state, county and municipal courts, public safety departments and detention facilities, together with incidental storage and maintenance of necessary vehicles. (Ad 14-97 §1)
Day nursery (Re 9-05, §1)
Detached accessory dwelling unit means a type of accessory dwelling unit that is structurally independent and separated from the principal dwelling. (Ad 40-98 §2; A 3-08 §2)
Detention facility means a use that provides housing and care for individuals legally confined, and is designed to isolate those individuals from a surrounding community. (Ad 14-97 §1)
Development means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, logging, excavation, landfill or land disturbance; or any use or extension of use that alters the character of the property. (A 15-96 §1)
Development
permit means a permit issued by the City which certifies that a proposed
development has undergone and completed the required development review
procedures. The development permit may
include one (1) or more conditions, which conditions shall apply to any future
development or use of the land, regardless of ownership changes, unless a new
development permit is obtained. The
development permit shall be recorded in the permanent records with the
Director means the Director of Community Development or the Director's duly authorized designee. (A 20-88 §1)
Duplex means a two-family dwelling.
Dwelling means a building or portion thereof used for residential occupancy.
Dwelling, single-family means one (1) building on one (1) lot designed to be occupied by not more than one (1) family.
Dwelling, townhome means a building containing three or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Townhomes may be subdivided or condominiumized. (Ad 5-09 §3)
Dwelling, two-family means one (1) building on one (1) lot designed to be occupied by two (2) families living independently of each other.
Dwelling unit means one (1) or more rooms designed to be occupied by one (1) family.
Extraction means to draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid, liquid or gaseous state from its naturally occurring location; the initial step in utilization of a natural resource. Examples include petroleum and natural gas wells, shale and coal mines, gravel pits and timber cutting. (Ad 1-85 §2)
Fabrication means to form by art and labor; manufacture; change in the physical shape of matter; the final step in utilization of a natural resource. Examples include manufacture of equipment, vehicles and consumer goods from processed materials, wood and metal working operations. (Ad 1-85 §2)
Family means one (1) or more persons living together on the premises of a dwelling unit, but it shall not include more than five (5) persons unrelated by blood or marriage. (A 43-96 §1)
Fisherman's easement means a public easement running parallel to the high water line of a creek or river for the purpose of providing access along a stream and adjacent banks for fishing and other passive nonmotorized recreation. (Ad 35-96 §1)
Floor area means the total habitable horizontal area of all floors in a building. Bathroom, toilet compartments, closets, halls, storage or utility space, garages and similar areas are not considered habitable space. (Ad 35-96 §2)
Floor area ratio means the ratio of the floor area of a building to total lot area in square feet.
Government Administrative Services means government offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county and municipal offices. (Ad 14-97 §1)
Gross area of planned unit development (PUD) means the horizontal area within the exterior boundaries of the PUD, including any streets and required improvements, easements, reservations or dedications.
Habitat protection easement means an exclusive easement intended to protect a specific plant or animal community by discouraging human intervention. Significant habitat may be identified in the River Management Plan or in site specific reports prepared by a qualified biologist or ecologist. (Ad 35-96 §2)
Hazardous materials means those materials as defined in Section 060.040.020. (R & Re 10-94 §3)
High water
mark means for the
Home
occupation means
a business, occupation, or activity undertaken for compensation within a
residence in a residential zone district and that is incidental to the use of
that structure as a dwelling unit.
Refer to Section 070.040.100 for home occupation requirements.
Kennel
means a facility where the training, grooming, or boarding of dogs, cats, or
other animals is conducted as a business.
Off-site employee
means an employee, coworker, or business partner that does not reside on the
property where the home occupation is located.
(R & Re 27-87 §1; A 7-2010, §3)
Impervious surface means an asphalt, concrete or other surface which is not a component of a porous paving system. (Ad 13-95 §1)
Indoor commercial recreation use means a commercial recreational land use conducted entirely within a building, including: arcade, arena, art gallery and studio, art center, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool and tennis court. (Ad 25-87 §1)
Indoor commercial recreational use (R/3) means a commercial recreational land use conducted entirely within a building, including: athletic and health clubs, community center, conference center, gymnasium, library, underage club or lounge and ancillary outdoor uses such as a swimming pool, when associated and contiguous with such uses. (Ad 10-98 §1)
Infant-toddler home is a type of family care home that provides less than 24-hour care only for children who are between birth and 3 years old. The caregiver may have no more than 1 child or foster child between 3 and 6 years of age. If there is one caregiver, there may be a maximum of 4 children, with no more than 2 children under 12 months, including the caregiver’s own children. If there are two caregivers caring for children at all times when children are present, there may be a maximum of 6 children between birth and 3 years old, and no more than 3 of those children can be between birth and 1 year old, including the caregiver’s own children. (Ad 9-05, §1)
Infill residential means residential development on a parcel or tract of land that shares at least two common lot lines with an existing single-family home and is located within a residential zone district. Infill development will generally occur on parcels less than one (1) acre in size located within established single-family neighborhoods; however, some larger parcels may also be included in this definition. (Ad 5-09 §3)
Landscape, landscaping means live plant materials or areas designed and planted with live plant materials, including perennial ground covers, trees and shrubs, which may include inanimate objects but shall not include areas in which the principal features are inanimate objects.
A large child care home is a family child care home that provides care for 7 to 12 children. Child care may be provided to children from 24 months to 13 years of age. This does not prohibit the care of children ages 13 to 18. Care may be provided to no more than 2 children under 2 whether or not older siblings are in care. (Ad 9-05, §1)
Legally
subdivided means having been the subject of a plat filed with the
Light manufacturing business means an establishment engaged in the mechanical or chemical transformation of materials or substances into new products. Light manufacturing includes the assembling of component parts and the manufacturing of products. (Ad 12-88 §1)
Lot coverage means that portion of a building lot which is occupied by a principal or accessory building or any use except public open space, as defined herein, including any portion of the lot which is not open to the sky, but not including areas occupied by uncovered porches, slabs, patios, walks and steps. Cornices, sills and ornamental architectural features may project twelve (12) inches beyond the maximum lot coverage. Roof eaves, fire escapes and balconies not used as passageways may project eighteen (18) inches beyond the maximum lot coverage.
Major home occupation (Ad 25-87 §2; R 7-2010, §3)
Major street plan means an advisory planning document officially adopted by ordinance of the City Council, which document classifies existing and proposed streets and roads within the City according to size and use.
Maximum building height means a plane parallel to and measured vertically from undisturbed natural ground level above which no part of any building may extend except as provided in Subsection 070.040.030(o), and except that the highest part of a gable, gambrel, hip, shed or similar pitched roof may extend up to five (5) feet above the specified maximum building height.
Mixed-use building. A building containing residential unit(s) and commercial or
industrial unit(s). (Ad 18-03 §4)
SCHEMATIC EXAMPLES
Minor home occupation (Ad 27-87, §2; R 7-2010, §3)
Mobile home means any vehicle or similar portable structure having been constructed with wheels, whether or not such wheels have been removed, and having no foundation as defined in the International Building Code, as adopted in this Code, and so designed or constructed to permit occupancy for dwelling or sleeping purposes. (A 8-08 §2)
Mobile home park means any plat of ground upon which two (2) or more mobile homes are located and occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodations.
Nonconforming use means a specific use, which is in existence and lawful at the time of adoption of the applicable provision of this Title or any subsequent amendment, and which use is not in conformance with such provision of this Title or amendment when the same was or is adopted.
Non-infill residential means residential development on a non-residentially-zoned parcel or on a residentially-zoned parcel or tract of land that shares fewer than two common lot lines with existing single-family homes. Non-infill development will generally occur in non-residential zone districts or on residentially-zoned parcels located outside of established single-family neighborhoods; however, some parcels greater than one (1) acre in size located in established single-family neighborhoods may also be included in this definition. (Ad 5-09 §3)
Outdoor commercial recreation use - concentrated means a recreational land use conducted outside of a building, characterized by potentially substantial impacts on traffic, the natural environment and the surrounding neighborhood, including: aerial tramway; alpine or water slide; amphitheater; amusement ride; auto, cycle and go-cart race track; campgrounds without recreational vehicles; coliseum stadium; drive-in theater; horse and dog racing track; pack station; shooting range; stable; and zoo. (Ad 25-87 §1)
Outdoor commercial recreation use - general means a recreational land use conducted outside of a building, characterized by potentially moderate impacts on traffic, the natural environment and the surrounding neighborhood, including: athletic field; miniature golf; skateboard park; swimming bathing, wading and other therapeutic facilities; tennis, handball and basketball courts; batting cages; and trampoline facilities. (Ad 25-87 §1)
Outdoor commercial recreation use - light means a commercial recreational land use conducted outside of a building, characterized by minimal impact on traffic, the natural environment or the surrounding neighborhood, including: arboretum, botanical garden, bridle trail, country club, golf course and historic site. (Ad 25-87 §1)
Outdoor commercial recreational use (R/3) means a recreational land use conducted outside of a building, characterized by potentially moderate impacts on traffic, the natural environment and the surrounding neighborhood, including: country club; golf course; athletic field; skateboard park; swimming, bathing, wading and other therapeutic facilities; tennis, handball and basketball courts; batting cages; trampoline facilities and ice skating rink. (Ad 10-98 §1)
Parking area means the total square footage within a contiguous area provided for parking, including driveways, turn-around space, areas of landscaping, snow storage areas and other ancillary space in addition to actual vehicle parking spaces.
Parking area, common means parking areas designed to serve two or more buildings or uses. Refer to section 070.050.090. (Ad 1-07 §2)
Parking demand means the total number of off-street parking spaces needed to park the vehicles associated with the operations of and individuals present at a particular site, structure, or use. (Ad 1-07 §2)
Parking, joint means parking spaces shared between residential and office or retail uses in a mixed-use building. Refer to section 070.050.080. (Ad 1-07 §2)
Parking, off-street means parking that is not located in a public or private right-of-way. (Ad 1-07 §2)
Patio home means a residential building containing not more than one dwelling unit and which does not share a wall with another dwelling unit, but which typically has many of the visual impacts of a multi-family dwelling. These homes are typically developed at a density greater than one unit per 5,000 square feet and as part of a development or subdivision containing 3 or more dwelling units. Patio homes are typically oriented towards a shared central courtyard or similar outdoor space. (Ad 5-09 §3)
Phasing means a plan for construction of a development in portions over time, which time ranges shall be specified in the development permit.
Planning Commission means the Planning and Zoning Commission of the City of Glenwood Springs.
Plat,
subdivision plat means a map and supporting materials of certain described
land and prepared in accordance with applicable regulations, as an instrument
for recording of real estate interests with the
Porous paving system means a system providing erosion control, softening hard surfaces, reducing stormwater/snowmelt runoff and/or providing green space. The system includes concrete, plastic or other systems which may incorporate grass or other landscaped surfaces. (Ad 13-95 §1)
Processing means to subject to some special process or treatment, as in the course of manufacture; change in the physical state or chemical composition of matter; pr the second step in utilization of a natural resource. Examples include petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mill, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or plastic materials, gravel crushing, cement manufacture and concrete batch plants. (Ad 1-85 §2)
Public open space means that portion of a building lot which is open to the sky, except as provided in the definition of lot coverage, which may include live vegetation, public uses such as playgrounds, seating areas, meeting areas and/or areas for educational displays of interest to the public (excluding advertising for private businesses). Expressly excluded from public open space are areas for vehicular use, including parking, driving or turning, as well as trash collection areas and other service areas.
P.U.D. means a Planned Unit Development as established in this Title.
Recreational support facilities means those facilities used exclusively for the preparation, maintenance and storage of equipment used in recreational activities; business operations and nonresidential shelter facilities for persons engaged in said activities; for example, trailers housing field offices for rafting companies. (Ad 1-85 §2)
Residency unit means a room or group of rooms with kitchen facilities designed for occupancy primarily as the temporary living space of individuals or families in which the room or group of rooms are contained in a building or group of associated buildings under a single management. (Ad 22-83 §2)
School means a public or private preschool, elementary or secondary school or college.
Special review use means a use which may be allowed in a specified zone district only upon
review and approval by the Planning and Zoning Commission, and which may be
allowed subject to certain conditions as established by the Planning and Zoning
Commission. (A
62-86 §1; A7-2010, §3)
Storage means the act of storing or state of being stored, specifically, the safekeeping of goods or products in a warehouse or other depository, or outdoors. (A 1-85 §2)
Street means a dedicated public right-of-way, other than an alley, which provides primary vehicular access to adjacent property.
Street tree means a tree planted along the street right-of-way, either within the right-of-way between the sidewalk and the street pavement, or the property adjacent to the right-of-way, for visual amenities as well as shading to users of the street.
Subdivision
means the division of a lot, tract or parcel of land into two (2) or more lots,
re-subdivision which creates any new lot upon land
which has previously been legally subdivided or condominiumization
as defined herein. Unless one of the following is accomplished for the
purpose of evading the provisions of this Title, the terms subdivision and subdivided
land shall not apply to any division of land:
a. Which is created by order of any court in this State or by operation of law, so long as the City is notified of any such court action;
b. Which is created by a lien, mortgage, deed of trust or other security instrument;
c. Which is created by a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity;
d. Which creates cemetery lots;
e. Which creates an interest in oil, gas, minerals or water which is severed from the surface of real property;
f. Which is created by the acquisition only of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common; any such interest shall be deemed for the purposes of this Section as only one (1) interest;
g. Which is created by the combination of contiguous parcels of land not previously subdivided into one (1) part or parcel, but the resulting parcel shall constitute only one (1) interest in land; provided, however, that easements and rights-of-way shall not be considered interests for purposes of this definition; or
h. Which involves the adjustment of a boundary between contiguous lots so long as no additional lots are created; provided, however, that any such boundary adjustment shall comply with the provisions of Subsection 070.020.030(d). (Ad 12-84 §1)
Transit maintenance facility means the use of land, buildings or structures for the purposes of storing, servicing, fueling, staging or repairing mass transit vehicles, including both public and private facilities, but does not include passenger loading or unloading, automobile service stations, automobile sales establishments, automobile display lots or automobile rental outlets and service facilities. (Ad 15-01 §2)
Yard means an open space other than a court, not in an alley or street, unoccupied and unobstructed from the ground upward except as otherwise provided in this Title.
Yard, front means a yard extending the full width of the building lot, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building; such distance being referred to as the front yard setback.
Yard, rear means a yard extending the full width of the building lot, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such depths being referred to as the rear yard setback.
Yard, side means a yard extending from the front yard to the rear yard, the width of which is measured in the least horizontal distance between the side lot line and the nearest wall of the principal building; such depths being referred to as the side yard setbacks.
Zoning Code of Glenwood Springs. The Zoning Code of Glenwood Springs shall consist of Articles 070.040 through 070.100, inclusive, of this Title and may also be referred to as the Zoning Code.
(Ad 22-83 §2; Ad 12-84 §1; Ad 1-85 §2; A 62-86 §1; Ad 25-87 §§1, 2; R & Re 27-87 §1; Ad 27-87 §2; A 42-87 §§1, 2; Ad 12-88 §1; A 20-88 §1; R & Re 10-94 §3; Ad 1-85 §2; Ad 13-95 §1; A 15-96 §1; Ad 35-96 §§1, 2; A 43-96 §1; Ad 14-97 §1; Ad 10-98 §1; Ad 40-98 §2; Ad 15-01 §2)
In order to promote the orderly, efficient and integrated development within the City and any proposed additions to the City, the following purposes are adopted for this Title:
(1) To regulate the development and use of land based upon the impact of such development or use upon:
a. The area contained within the development;
b. The area in close proximity to such development; and
c. The City;
(2) To regulate the location of activities and developments which may result in significant changes in population densities.
(3) To provide for planned and orderly use of land and protection of the environment.
(4) To provide minimum standards for design and improvement of land, subdivision and development to ensure that each building site is capable of accommodating a structure devoted to the intended use of the land.
(5) To guard against loss from natural hazards such as flooding, falling rock, landslides, snowslides, debris flow and unstable soils by regulating the use of land in such hazardous areas.
(6) To provide safe and convenient access to building and development sites and to avoid congestion on streets and roads.
(7) To facilitate the adequate and efficient provision of streets, utilities and government services.
(8) To preserve outstanding natural and cultural features such as scenic spots, watercourses and historic sites and buildings.
(9) To ensure that development occurs in conformance with the current and future needs and desires of the community and in conformance with this Code and the City goals and policies.
(10) To ensure equitable processing of development proposals by providing uniform procedures and standards depending upon the nature and size of the development.
(11) To provide a legally accepted record of lot lines, easements and dedications, reconstructible on the ground, in accordance with this Title and the laws of the State.
(12) To accomplish the above for the purpose of promoting the health, safety and welfare of the inhabitants.
(a) General public notice. For all public hearings required by this Title, public notice shall be the responsibility of the applicant, who shall:
(1) Publish notice, in accordance with the provisions of Section 020.030.060.;
(2) Mail written notice at least ten (10) days prior to the date of the public hearing to the owners of all real property as listed in the records of the Garfield County tax assessor’s office on the date of mailing within two hundred (200) feet of the subject property; and
(3) Post the subject property at least ten (10) days prior to the date of the public hearing with a sign giving notice of the hearing. Such sign shall meet the specifications of the Planning Office.
(b) Notice for zone district regulation changes. When a proposed amendment to the zone district regulations pertains to an entire zone district or all zone districts, notice of a hearing thereon shall be made in accordance with Paragraph (a)(1) above.
(c) Proof of notice. Before any public hearing, the applicant shall document, to the satisfaction of the Director, compliance with the requirements of this Section.
(A 18-03 §1)
070.010.040 Development Review Fee Schedule.
(a) Application and review fees. Application and Review fees shall be set annually by Resolution of City Council.
(Ad 42-83 §2; A 62-86 §5; A 27-87 §7; Ad 19-88 §1; R & Re 17-05 §2)
(a) Appeal of administrative action.
(1) Right to appeal. Unless otherwise provided in this Title, any person aggrieved by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Title may appeal to the Planning and Zoning Commission by filing with the Director, within seven (7) days of the action or decision of the officer or agency, twenty (20) copies of a written letter of appeal. Such letter of appeal shall state the nature of the action or decision being appealed and the reasons why such action or decision is being appealed.
(2) Hearing on appeal. The Planning and Zoning Commission shall hold a hearing at a regular or special meeting on all appeals within sixty (60) days after the filing of the letter of appeal. For hearings involving variances or for appeals relating to property constituting less than all of a zone district, the Planning and Zoning Commission shall give notice in accordance with Section 070.010.030.
(3) Stay of proceedings. An appeal taken pursuant to this action stays all proceedings in furtherance of the action from which the appeal is taken.
(4) Request that proceedings not be stayed. At any time after the letter of appeal is filed with the Director, any party can request that proceedings not be stayed by:
a. Filing a written request with the Director that the proceeding not be stayed;
b. Providing a copy of such request to all parties to the appeal and the members of the Planning and Zoning Commission; and
c. Providing notice of the hearing date and time, as set forth below, of the hearing before the Planning and Zoning Commission for such request.
(5) Hearing on request that proceedings not be stayed. Upon receipt of the request not to stay the proceedings, or the request to reconsider the decision of the Planning and Zoning Commission refusing to stay the proceedings as set forth below, the Director shall request the Planning and Zoning Commission Chairman to call a special meeting to hear the request, which meeting shall be held within forty-eight (48) hours of the receipt of the request. Before granting the request not to stay the proceeding, the proponent must produce evidence under oath and the Planning and Zoning Commission must make findings of fact that imminent peril to life and property will occur if the proceedings are stayed. An order concerning the stay of the proceedings may be vacated upon request to reconsider such order and after a hearing held in accordance with this Paragraph, in which the proponent shall demonstrate and the Planning and Zoning Commission shall make findings of fact that, since the entry of the order refusing the stay, a material change in circumstances has occurred whereby the proceedings appealed from should or should not be stayed in order to protect the public health, safety and welfare and that the stay will not cause imminent peril to life and property.
(b) Application for hearing.
(1) Method of application. Prior to an action by the Planning and Zoning Commission, and within seven (7) days from the date of the action of the administrative official appealed from, an appeal letter shall be filed with the Community Development Department providing all the information required by the Planning and Zoning Commission and the application fee paid. The appeal letter shall contain a short and concise statement of the action appealed from, the action requested of the Planning and Zoning Commission and the grounds for the appeal. The appeal letter shall not be considered unless filed at least thirty(30) days prior to the meeting.
(2) Filing fee required. Upon application, a fee to be set administratively for a regular meeting or a special meeting, as the case may be, shall be paid to the City.
(3) Effect of appeal. The filing of an application shall stay the action of the administrative official of the City appealed from until the Planning and Zoning Commission renders its first decision, except that the action of the administrative official shall not be stayed in cases of imminent hazard to life, limb or public safety or health or as provided elsewhere in this Code.
(c) Hearings on appeals.
(1) No hearing, whether held during a regular or special meeting of the Planning and Zoning Commission shall be held earlier than thirty (30) days subsequent to the filing of the appeal letter and payment of the application fee for appeal.
(2) Notice to appellant. The Community Development Director, upon the filing of appellant's appeal letter, shall, with reasonable speed, notify the appellant either in person or by mail of the date and time set for the meeting. In the case of mail, notice to the appellant shall be effective upon mailing.
(3) Notice to abutting property owners.
a. The Community Development Director, in the case of appeals, shall be responsible for notice in accordance with Section 070.010.030.
b. The applicant, in the case of variances, shall be responsible for notice in accordance with Section 070.010.030.
(4) Procedure during hearings:
a. Hearing rules. The Planning and Zoning Commission shall adopt written procedures governing the conduct of its hearings.
b. Evidence. Formal rules of evidence shall not be followed during hearings. The Chairman shall have the power to decide what evidence is material to the appeal. Written documents presented at the hearing shall be made part of the record.
c. Recording and transcript; cost. Audio recordings of the proceedings of the Planning and Zoning Commission shall be necessary. A written summary of the audio recordings shall be made in a timely fashion following the hearing. Whenever a written verbatim transcript of such recording is requested by the appellant or when a transcript is furnished by the City pursuant to court order, the cost of preparing the transcript shall be borne in full by the appellant.
d. Right of representation by attorney. An appellant may appear before the Planning and Zoning Commission in person or by an attorney. The general public may also attend.
e. Executive session. The Planning and Zoning Commission may go into executive session to discuss the facts and applicable law. No vote shall be taken in executive session.
f. Notice of decision. The Planning and Zoning Commission shall hear all relevant evidence and, within a reasonable time and in no event more than fifteen (15) days thereafter, shall render its decision. A notice of the decision, within a reasonable time thereafter, shall be delivered in person or by certified mail to the appellant, to the City Manager or his/her designated representative for appeals matters and to the City Attorney. In the case of certified mail, notice to the appellant shall be effective upon mailing and notice to other persons described herein shall be effective upon receipt.
(d) (R 13-06, §2)
(e) Appeal of Planning and Zoning Commission action.
(1) Right of appeal. Unless other procedures are established in this Title, any person aggrieved by a decision or action of the Planning and Zoning Commission or wishing to appeal a decision of the Planning and Zoning Commission may appeal such decision or action to the City Council by filing with the Director, within seven (7) days of the decision or action, twenty (20) copies of a written letter of appeal. The letter of appeal shall state the specific grounds upon which the appeal is based and shall have attached to it any supporting documentary evidence which the person wishes the City Council to consider in determining the appeal.
(2) Public hearing. The City Council shall conduct a public hearing on the appeal at a regular meeting. Public notice shall be given pursuant to the public hearing requirements for the Planning and Zoning Commission action from which the appeal is taken. The person or his/her representative appealing the Planning and Zoning Commission decision shall be present at the public hearing to prosecute the appeal. At the conclusion of the public hearing, the Council shall:
a. Affirm the decision of the Planning and Zoning Commission; or
b. Reverse the decision of the Planning and Zoning Commission. (A 5-98 §5)
(f) Finality. The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.
(R & Re 23-94 §5; A 5-98 §5; A 13-06, §2)
(a) Except as otherwise specifically provided, the provisions of and requirements of this Title shall become effective January 1, 1981, and shall be applicable to all developments, subdivision or uses of land commenced within the City after said date. Any ordinance amending this Title shall become applicable ten (10) days after second publication unless otherwise specified in said ordinance and shall be applicable to all developments, subdivisions or other uses of land commenced within the City after said date.
(b) Any developments, subdivisions or uses of land for which an application has been filed and application fees have been paid prior to the effective date of this Title or the effective date of an amending ordinance may follow this Title as of the date such action was commenced or, at the option of the applicant, may follow this Title as amended.
(c) Any land which has been subdivided prior to the effective date of this Title and for which there has been no development review or other review substantially similar to the development review provided for in Article 070.020 shall be subject to those provisions of this Title applicable to development. However, said land shall not be required to comply with the subdivision provisions of this Title unless the owner wishes to re-subdivide the land, in which case the re-subdivision and all other use of the land shall comply with all provisions of this Title.
070.010.061 Incentives for Affordable Housing Projects.
(a) Definitions. As used in this Section, certain terms are defined as follows:
Affordable housing means residential dwelling units for rental or ownership, the total cost of which is affordable to "low income" families earning 80% or less of the Area Median Income for Garfield County, as published annually by the U.S. Department of Housing and Urban Development, and may also include community housing provided in compliance with Article 070.130. (A 22-07 §2)
Qualified
developer means any person who is constructing new residential housing
within the City and who is contractually bound, through financing arrangements
or otherwise, by a governmental or nonprofit agency other than the City to
provide all or a portion of the residences as affordable housing for a period
of at least thirty (30) years. (Ad 12-91 §1; A 22-07 §2)
(b) Exemption from fees. Qualified developers of affordable housing shall be eligible for exemption from partial or total waiver of the following fees to the extent these fees would otherwise be applied to the development: (A 5-94, §1)
(1) Any development review fee required under Section 070.010.040.
(2) Any construction permitting fee required under Title 060.
(3) Any water or sewer tap fee required under Subsection 080.040.010(c) or 080.030.010(c), respectively.
(4) Any water or sewer system improvement fee required under Article 080.060.
(5) Any school land dedication required under Subsection 070.030.150(d). (Ad 12-91 §1; A 5-94 §1; A 16-94 §2; A 22-07 §2)
(c) Application for exemptions; contract required.
(1) A qualified developer may request exemption from any or all of the fees set forth in Subsection (b) above by submitting written application to the City in conjunction with development or subdivision review for the project. The developer shall submit written proof of eligibility demonstrating to the satisfaction of the City that the developer and the development meet the requirements of this Section. The Developer shall submit written documentation disclosing its ownership structure, a project financial statement which includes disclosure on its profit margin for the project, and any and all other documentation requested. Failure to provide such documentation shall disqualify a developer from the exemption from fees. (A 5-94 §2)
(2) Final determination of eligibility shall be made by the City Council. If the City Council authorizes a partial or total fee waiver, the qualified developer and the City shall enter into a contract with a term of at least thirty (30) .years guaranteeing that the development shall remain as affordable housing in consideration for the exemption granted by the City. The City Council shall have the discretion to deny an application for fee waiver if it is dissatisfied in any way with the content of the written documentation. (A 5-94 §2; A 22-07 §2)
(3) In the case of developments in which some, but not all, of the residences are proposed as affordable housing, the City shall prorate the exemption provided herein based upon the proportion of the development devoted to affordable housing. (Ad 12-91 §1; A 5-94 §2)
(d) Compliance with other Code requirements. Any exemption granted by the City pursuant to this Section shall not be construed to excuse the developer from the performance of any other duty or obligation as required by this Code. Except as specifically provided in this Section, affordable housing projects shall comply with all provisions of this Code. (Ad 12-91, §1)
(Ad 12-91 §1; A 5-94 §§1, 2; Ad 16-94 §2)
070.010.070 Conflicts with Code and Charter.
If any provision of this Title conflicts with other provisions of this Code, the provisions of this Title shall control and take precedence. If any provisions of this Title conflict with the Municipal Charter, the Charter shall control and take precedence.
070.010.080 Validity of Provisions, Severability.
It is hereby declared to be the intention of the City Council that the provisions of this Title are severable as provided in Section 4.7 of the Charter and Subsection 010.010.020(i).
After the effective date of this Title, no development, subdivision or other use of land shall be made without compliance with the provisions of this Title. Any person who violates any provision of this Title shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080. Nothing in this Section shall be construed to prevent the City from pursuing any other remedies it may have for violations of this Title.