Municipal Code - Chapter 14 Article 1 to Article 4

ARTICLE 1.          GENERAL PROVISIONS

Sections 

14-1.      Title       

14-2.      Effective Date    

14-3.      Purpose and Intent          

14-4.      Authority             

14-5.      Applicability and Jurisdiction        

14-6.      Enforcement      

14-7.      Inspection           

14-8.      Penalty  

14-9.      Liability for damages       

14-10.    Fees for Administration of the Land Use Code      

14-11.    Legislative Provisions      

ARTICLE 2.          CITY PLANNING, ZONING AND VARIANCE COMMISSION   

14-12.    City Planning, Zoning and Variance Commission; Establishment    

14-13.    Powers and Duties of Commission            

14-14.    Relationship to Comprehensive Plan        

14-15.    Filing and Approval of Plats          

14-16.    Reserved             

14-17.    Reserved             

14-18.    Reserved             

14-19.    Reserved             

ARTICLE 3.          SUBDIVISIONS REGULATIONS      

14-20.    Purpose and Intent          

14-21.    Interpretation of Conflicting Regulations               

14-22.    Types of Subdivisions      

14-23.    Plat Approval Required   

14-24.    Pre-Application Process 

14-25.    Preliminary Plat 

14-26.    Final Plat            

14-27.    Minor Subdivisions           

14-28.    Condominiumization       

14-29.    Plot Plan: Single-Family Home or Duplex 

14-30.    Site Plan: Multi-Family, commercial and Industrial Developments               

14-31.    Lot line and/or easement adjustment and lot consolidation           

14-32.    Vacation/Dedication of Right-of-Way      

14-33.    Public Land Dedication   

14-34.    Subdivision Improvements           

14-35.    Reserved             

14-36.    Reserved             

14-37.    Reserved             

14-38.    Reserved             

ARTICLE 4.          ZONING ORDINANCE      

14-39.    Establishment of Zone Districts   

14-40.    Zoning Map and Boundaries        

14-41.    General District Regulations        

14-42.    Uses by Right and Conditional Uses          

14-43.    Conditional Use Permits (CUP)    

14-44.    Expansion of the List of Permitted Uses  

14-45.    Administrative Adjustments         

14-46.    Amendments      

14-47.    Planned Unit Development (PUD)             

 14-48.    Variances            

14-49.    Use Specific Standards    

14-50.    Non-Conforming Uses and Structures      

14-51.    Reserved.            

14-52.    Reserved.            

14-53.    Reserved.            

14-54.    Reserved.            

14-55.    Reserved.            

14-56.    Reserved.            

14-57.    Reserved.            

ARTICLE 5.          COMMUNITY DESIGN STANDARDS            

14-58.    General Community Design         

14-59.    Lots and Blocks  

14-60.    Street and Connectivity Standards            

14-61.    Parking  

14-62.    Landscaping, Screening, and Fencing       

14-63.    Sidewalks, Trails, and Multi-Use Pathways             

14-64.    Utilities and Easements  

14-65.    Easements, General        

14-66.    Exterior Lighting               

14-67.    Architecture        

14-68.    Reserved.            

14-69.    Reserved.            

14-70.    Reserved.            

ARTICLE 6.          ANNEXATION     

14-71.    Annexation Purpose        

14-72.    Statement of Policy and Review Criteria  

14-73.    Eligibility for Annexation               

14-74.    Annexation Procedure    

14-75.    Post Approval Actions     

14-76.    Annexation Agreement  

14-77.    Disconnection    

14-78.    Reserved.            

14-79.    Reserved.            

14-80.    Reserved.            

ARTICLE 7.          SIGNS    

14-81.    Purpose               

14-82.    Exemptions         

14-83.    Sign Definitions  

14-84.    General Regulations        

14-85.    Sign Permit Approval Required    

14-86.    Temporary Sign Permits 

14-87.    Measurement of Signs    

14-88.    Sign Illumination               

14-89.    Limitations Based on Zone District            

14-90.    Limitations Based on Type of Sign             

14-91.    Non-Conforming Signs    

14-92.    Abandoned, Damaged, Destroyed or Hazardous Signs      

14-93.    Enforcement      

14-94.    Exception or Variance to Sign Regulations             

14-95.    Corazon de Trinidad Historic District        

14-96.    Creative Sign Program    

14-97.    Murals.            

14-98.    Reserved.            

14-99.    Reserved.            

ARTICLE 8.          PROTECTION OF FLOOD PLAINS  

14-100. Statutory Authorization, Findings of Fact, Purpose and Objectives              

14-101. Definitions          

14-102. General Provisions           

14-103. Administration   

14-104. Provisions for Flood Hazard Reduction     

14-105. Standards for Areas of Shallow Flooding (AO/AH Zones)  

14-106. Properties Removed from the Floodplain by Fill  

14-107. Standards for Critical Facilities    

14-108. Penalties for Noncompliance.      

14-109. Reserved.            

14-110. Reserved.            

ARTICLE 9.          BOARD OF APPEALS         

14-111. City Council Designated as Board of Appeals         

14-112. Powers and Duties           

14-113. Appeals from Planning, Zoning and Variance  Commission - Procedure      

14-114. Reserved.            

14-115. Reserved.            

14-116. Reserved.            

ARTICLE 10.        VESTED PROPERTY RIGHTS           

14-117. Purpose               

14-118. Definitions          

14-119. Approval - Effective Date Amendments    

14-120. Notice of Approval           

14-121. Payment of costs             

14-122. Limitations          

14-123. Reserved.            

14-124. Reserved.            

14-125. Reserved.            

ARTICLE 11.        SEXUALLY ORIENTED BUSINESSES             

14-126. Purpose and Intent          

14-127. Definitions          

14-128. Lighting Regulations        

14-129. Location of Sexually Oriented Businesses and  Design of Same      

14-130. Measurement of Distance            

14-131. Other Locational Regulations      

14-132. Stage Required in Adult Cabaret and Adult Theater           

14-133. Conduct in Sexually Oriented Business     

14-134. Employee Tips   

14-135. Unlawful Acts     

14-136. Exemptions         

14-137. Regulation of Peep Booths           

14-138. Hours of Operation          

14-139. Minimum Age    

14-140. Signs for Sexually Oriented Businesses     

14-141. Right of Entry     

14-142. Penalty Provision             

14-143. Reserved.            

14-144. Reserved.            

14-145. Reserved.            

ARTICLE 12.        RESIDENTIAL CULTIVATION OF MARIJUANA          

14-146. Residential Cultivation of Marijuana         

ARTICLE 13.        MEDICAL MARIJUANA AND RETAIL MARIJUANA  

14-147. Purposes, intent and other laws 

14-148. Definitions          

14-149. Licensing Authority Created         

14-150. Composition of the Authority      

14-151. Functions of the Authority            

14-152. License Required; Term of License; Renewal Application; Taxes   

14-153. Application Requirements             

14-154. Denial of Application       

14-155. Hearings Required           

14-156. Transfers of Ownership; Modification of Premises             

14-157. Locational Criteria and Numerical Limit on Retail Marijuana Stores and Medical Marijuana Centers          

14-158. Marijuana Cultivation Outdoors 

14-159. Inspection of licensed premises  

14-160. Fees       

14-161. Prohibited Acts Generally             

14-162. Additional Operational Limitations           

14-163. Off-site Storage Facilities Prohibited         

14-164. Nonrenewal, Suspension or Revocation of License             

14-165. Violations and Penalties 

14-166. No City Liability; Indemnification; No Defense      

14-167. Reserved.            

14-168. Reserved.            

14-169. Reserved.            

ARTICLE 14.        CERTIFIED LOCAL GOVERNMENT               

14-170. Historic Preservation Commission             

14-171. Powers, Duties and Authority of the Commission               

14-172. Local Historic Landmark Designation        

14-173. Local Historic District Designation             

14-174. Revocation of a Designation        

14-175. Landmark Alteration Certificates               

14-176. Criteria to Review Alteration Certificate  

14-177. Non-locally Landmarked Properties on the National and/or State Historic Regis     

14-178. Penalties and Sanctions 

14-179. Reserved.            

14-180. Reserved.            

14-181. Reserved.            

ARTICLE 15.        AFFORDABLE HOUSING  

14-182. General Provisions           

14-183. Reserved.            

14-184. Reserved.            

14-185. Reserved.            

ARTICLE 16.        Definitions          

14-186. Definitions          



ARTICLE 1.          GENERAL PROVISIONS

Section 14-1.      TITLE


This Chapter shall officially be known, cited, and referenced as the City of Trinidad Land Use Code (“Code”).

Section 14-2.      EFFECTIVE DATE

This Code is hereby adopted and shall become effective on August 14, 2020.

Section 14-3.      PURPOSE AND INTENT

A.           Purpose. The general purpose of this Code is to protect the public health, safety, and welfare of the City, and to implement goals, strategies and actions as called for in the City of Trinidad Comprehensive Plan and other adopted City land use and planning policies and plans.

B.           Intent. This Code is intended to:

1.            Guide the future growth and development of the City in accordance with the Comprehensive Plan;

2.            Provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger; and to prevent overcrowding of the land and undue congestion of population;

3.            Protect the character and the social and economic stability of all parts of the City;

4.            Encourage the orderly and beneficial development of the community through appropriate growth management techniques, and to assure the timing and sequencing of development;

5.            Promote in-fill development with adequate public facilities in existing neighborhoods and non-residential areas;

6.            Ensure proper urban form and open space separation of urban areas and protect environmentally critical areas and areas premature for urban development;

7.            Facilitate the adequate provision of transportation, utilities, schools, parks, and other public requirements; 

8.            Lessen congestion on streets, roads, and highways while accommodating appropriate pedestrian traffic;

9.            Regulate the subdivision of land;

10.         Ensure that public facilities and services are available with sufficient capacity to serve proposed development, and that development provides its fair share of capital facilities needs generated by the development;

11.         Prevent the pollution of air, rivers, streams, and ponds and ensure wise management of natural resources throughout the City to preserve the integrity, stability, and beauty of the City;

12.         Preserve the natural beauty and topography of the City and ensure appropriate development with regard to natural features; and

13.         Provide open spaces through the most efficient design and layout of the land.

Section 14-4.      AUTHORITY

This Code is adopted pursuant to and authorized by the City’s Home Rule authority, Article 6, Title XX, Colorado Constitution; Colorado Revised Statutes § 29-20-101 et seq. (Colorado Land Use Control Enabling Act) and Article 23, Title 31, C.R.S.

Section 14-5.      APPLICABILITY AND JURISDICTION

A.           General Applicability. This Code shall apply to all land, buildings, structures, and land uses located in the City of Trinidad, unless otherwise expressly provided herein.

B.           Compliance Required.

1.            No permit, certificate, license, or approval for any use, structure or development that is subject to this Code shall be issued or granted by any department, agency, City official or employee in violation of this Code. Any permit, certificate, license, or approval issued in violation of this Code is void.

2.            No building or structure shall be erected, converted, enlarged, reconstructed, or altered in violation of this Code.

3.            No subdivision of property shall occur in violation of this Code.

C.           Interpretation. In their interpretation and application, the provisions of this Code shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Code are in conflict with any other lawfully adopted rules, regulations or ordinances, the more restrictive, or that imposing the higher standards, shall govern.

Section 14-6.      ENFORCEMENT

The provisions of this Article may be enforced by the City Council, the City Manager, the City Attorney, the City Planning Division, the City Building Inspector, and the City Code Enforcement Officers in any manner authorized by law. The Planning Division shall act as an adviser to the Planning, Zoning and Variance Commission, and shall administer and interpret all zoning laws of the City of Trinidad. It shall be her/his duty to see that all land uses conform to this Code.

Section 14-7.      INSPECTION

The City Manager and her/his authorized representatives and designees are hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein which is in violation of any of the provisions of this Article within a reasonable period of time.

Section 14-8.      PENALTY

Failure to comply with all of the provisions of this Article shall constitute a misdemeanor and upon conviction is punishable by a fine of Three Hundred Dollars ($300.00) or imprisonment for a period of not more than ninety (90) days or both. Each day that such a violation continues shall be considered a separate offense.

Section 14-9.      LIABILITY FOR DAMAGES

This Article shall not be construed to hold the City of Trinidad or its authorized representatives responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein, or failure to inspect or reinspect, or by reason of issuing a building permit.

Section 14-10.    FEES FOR ADMINISTRATION OF THE LAND USE CODE

The City Council may establish such fees as deemed necessary to administer this Code.

A.           Development Review Fees.

1.            Reasonable fees sufficient to cover the costs of administration, inspection, publication of notices and similar matters will be charged to applicants for annexation, subdivision, lot line adjustments, lot consolidations, permits, plat approvals, zoning amendments, variances, conditional use permits, right-of-way vacations, and other administrative relief. The fee schedule may be adopted and amended from time to time by Ordinance of the City Council.

2.            Any development review fee required by this Article shall be nonrefundable and shall be used by the City to defray the City’s costs associated with the subject application, including but not limited to City staff time to administer and process the application and the costs of inspections, publications and notices and other requirements.

3.            In addition, the nonrefundable development review fee shall be used by the City to reimburse the City’s direct costs in processing the application including but not limited to outside consultant fees necessary to review the application, such as legal, planning and engineering fees, the cost of document recordation and reproduction and public hearing expenses.

4.            All costs that exceed the nonrefundable development review fee shall be paid by the applicant.

5.            Failure by the applicant to pay the appropriate fee when submitting her/his application shall render the application incomplete, and it shall not be processed until payment of all applicable fees are tendered to the City.

Section 14-11.    LEGISLATIVE PROVISIONS

A.           Severability Clause. Should any section, clause, or provision of this Article be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Article as a whole, or any part thereof other than the part declared to be invalid.

B.           Conflict. Whenever the requirements of this Article are in conflict with the requirements of any other ordinance, rule, regulation, private covenant, or deed restriction, the more restrictive or that imposing the higher standards shall govern.

C.           Interpretation. In their interpretation and application, the provisions of this Article shall be held to be minimum requirements adopted for the promotion of the public health, safety, and welfare.

D.           Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with this Article, are hereby repealed as of the effective date of this Article as stated in Section 14-2.

ARTICLE 2.          CITY PLANNING, ZONING AND VARIANCE COMMISSION

Section 14-12.    CITY PLANNING, ZONING AND VARIANCCOMMISSION; ESTABLISHMENT

A.           There is established a City Planning, Zoning and Variance Commission pursuant to Section 8.4 of the Home Rule Charter of the City of Trinidad, Colorado.

B.           The terms "City Planning Commission", "Planning Commission", "Commission", whenever used in this Chapter, shall mean "City Planning, Zoning and Variance Commission."

C.           Membership; Removal.

1.            The City Planning, Zoning and Variance Commission shall consist of not less than five (5) nor more than nine (9) members who shall be selected and appointed by the City Council and shall not be members of the City Council or Council Officers, as defined in Section 2-16 of the City of Trinidad Code of Ordinances.

2.            The City Planning, Zoning and Variance Commission members shall be subject to removal by a majority of the Council.  Unexcused absences by a member of three consecutive meetings or three unexcused absences in a consecutive six-month rolling period shall subject the member to review by City Council for removal.

3.            All members of the Commission shall serve without compensation and shall be bona fide residents who have resided within the City boundaries of the City of Trinidad for a period of not less than one (1) year immediately precending appointment and who are registered to vote. If any member ceases to reside in the City or registers  to vote elsewhere, her/his membership on the Commission shall immediately terminate.

Section 14-13.    POWERS AND DUTIES OF COMMISSION

The Commission shall have those powers and duties granted and conferred by Section 8.4 of the City of Trinidad Home Rule Charter and Article 23, Title 31, C.R.S.; including but not limited to preparing and recommending for adoption by the City Council, a comprehensive plan for the physical development of the City, providing recommendations to City Council on annexation, subdivision plats and zoning requests, and issuing decisions on variance and conditional use permit applications.

Section 14-14.    RELATIONSHIP TO COMPREHENSIVE PLAN

A.           It is the intention of the City that this Code implement the planning goals and strategies adopted in the City of Trinidad Comprehensive Plan (“Comprehensive Plan”). While this relationship is reaffirmed, it is the intent of the City Council that neither this Code nor any amendment to it is invalid on the basis of alleged nonconformity with the Comprehensive Plan.

1.            Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict exists when a development proposal would result in changes from the designations of the Future Land Use Plan, Recreation, Tourism & Cultural Resources Plan, or Transportation & Connectivity Plan.

2.            Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan.

Section 14-15.    FILING AND APPROVAL OF PLATS

No street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the City until the location, character, and extent thereof has been submitted for approval by the Commission. In case of disapproval, the Commission shall communicate its reasons to the City Council, which has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. If the public way, ground space, building, structure, or utility is one that the authorization or financing of which does not, under the laws or charter provisions governing the same, fall within the province of the City Council, the submission to the Commission shall be by the governmental body having jurisdiction, and the Commission's disapproval may be overruled by said governmental body by a vote of not less than two-thirds of its membership. The failure of the Commission to act within sixty days from and after the date of official submission to it shall be deemed an approval.

Section 14-16.    RESERVED


Section 14-17.    RESERVED


Section 14-18.    RESERVED


Section 14-19.    RESERVED

ARTICLE 3.          SUBDIVISIONS REGULATIONS

Section 14-20.    PURPOSE AND INTENT

A.           Purpose and Intent.

1.            This Article establishes minimum standards for the design and improvement of land subdivision to ensure that each building site can accommodate a structure for the intended use of land, is adequately served by public improvements, and protects sensitive lands from the impacts of land subdivision.

2.            The provisions of this Article shall apply to any and all development of land within the municipal boundaries of the City of Trinidad, unless expressly and specifically exempted or provided otherwise in these Regulations. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of these Regulations in conjunction with the Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in these Regulations in conjunction with the Code.

3.            Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations.

4.            These Regulations in conjunction with the Code and adopted Building Codes, establish procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the City of Trinidad Comprehensive Plan and with adopted regulations, policies and other guidelines.

B.           Intent. This Article is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the City of Trinidad by:

1.            Encouraging new subdivision developments to relate to the City’s historic development pattern.

2.            Promoting compact, well-defined, sustainable neighborhoods that enhance the City’s character and sense of community.

3.            Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring streets facilitate safe, efficient and pleasant walking, biking and driving.

4.            Providing a variety of lot sizes and housing types throughout the City.

5.            Protecting sensitive natural and historic areas, including views of the area’s geological features, and the City’s environmental quality.

6.            Providing for adequate and convenient open spaces, for traffic, utilities, access of fire apparatus, recreation, light and air and for the avoidance of congestion of population.

7.            Providing open spaces for adequate storm water management.

8.            Providing adequate spaces for educational facilities.

9.            Providing protection from geologic hazards and flood prone areas.

10.         Ensuring compliance with the Code, the City of Trinidad Comprehensive Plan, Community Development Standards, Building and Fire Codes and other plans, policies, and guidelines adopted by City Council.

11.         Providing for minimal light pollution.

12.         Regulating such other matters as the City Council may deem necessary in order to protect the best interest of the public.

C.           General. All plats required or authorized by these regulations shall comply with the requirements of Section 38-51-106, C.R.S. To the extent of any conflict between the provisions of such statute and these regulations, the provisions of the statute shall control.

D.           Administration. All plans of streets or highways for public use, and all plans, plats, plots and replats of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the City Council for review and subsequent approval, conditional approval or disapproval. No plat shall be recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. Acceptance of proposed dedications to the public shall be given by separate action of the City Council.

E.            Waiver of Required Submittal Documents. Any of the submittal requirements may be waived by the Planning, Zoning and Variance Commission at their discretion, or may be waived by the Commission as recommended by the Director or designee, in her/his sole discretion, upon a determination that the submittal is not necessary, in the particular instance, to evaluate the proposed subdivision’s conformance with this Code.

F.            Digital Submittals Required. All application materials and documents shall be submitted digitally.

Section 14-21.    INTERPRETATION OF CONFLICTING REGULATIONS

Where any provision of this Article imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by any other ordinance, rule, regulation or provision of the Trinidad Municipal Code, the Trinidad Home Rule Charter or the statutes of the State of Colorado, then the provisions of this Article shall govern.

Section 14-22.    TYPES OF SUBDIVISIONS

A.           Major Subdivisions. A major subdivision is a proposed subdivision that is not eligible to be processed as a minor subdivision as outlined in this Section.

B.           Minor Subdivisions. A minor subdivision is permitted under the following circumstances:

1.            The property has previously been platted within the City of Trinidad;

2.            There is no public right-of-way dedication;

3.            The entire tract to be subdivided is four (4) acres or less in size;

4.            The resulting subdivision will produce four (4) or fewer lots; and

5.            There will be no exceptions to the Community Design Standards.

C.           Condominiumization. A condominium subdivision is the creation or abolition of new condominium units or of a planned community, as governed and defined by the Colorado Common Interest Ownership Act, Article 33.3, Title 38, C.R.S., as existing or as hereafter amended. Such action constitutes the creation of separate interests in real estate and is therefore considered a subdivision action.

Section 14-23.    PLAT APPROVAL REQUIRED

A.           It shall be unlawful for any person to subdivide any tract, lot or parcel of land within the City boundary unless and until a final plat of such subdivision has been approved in accordance with the terms of this Article. Unless and until a final plat, plan or replat of a subdivision shall have been first approved in the manner provided in this Chapter by the City Council, it shall be unlawful for any person to construct or cause to be constructed any street, utility facility, building, structure or other improvement on any lot, tract or parcel of land within such subdivision except as specifically permitted in this Chapter.

B.           No permit shall be issued by the City for the construction or repair of any structure on a lot or tract in a subdivision for which a final plat has not been approved by the City Council and filed for record, except as specifically allowed in this Chapter.

C.           No permit shall be issued by the City for the construction or repair of any structure on a lot or tract in a subdivision in which the permanent public improvements have not been approved and accepted by the City, except as otherwise approved by the City as part of a phased development.

D.           The City shall not repair, maintain, install or provide any street or public utility service, or authorize the sale or supply of any public utility service, in any subdivision for which a final plat has not been approved by the City Council and filed for record or in any subdivision in which the permanent public improvements have not been approved and accepted by the City.

E.            Preliminary and Final Plats may be processed concurrently to expedite total review and processing time for a project per the requirements of the Code when all required studies and reports have been completed, and it is determined feasible and appropriate by the Planning Division.

Section 14-24.    PRE-APPLICATION PROCESS

A.           Pre-Application Purpose. The pre-application process is collaborative from the onset and two-fold. First, it provides the City the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss her/his development plans, explain how the plans will further the community’s vision and obtain input and direction early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision. Topics to be discussed may include:

1.            City regulations and standards;

2.            City of Trinidad vision and expectations;

3.            The application and review process;

4.            Submittal requirements;

5.            Schedule; and

6.            Materials provided by the applicant in accordance with Section 14-24(B) Pre-Application Conference.

B.           Pre-Application Conference. A pre-application conference must be completed prior to submitting an application to the Planning Division unless it is designated as optional under the application process procedures. The following materials are required to be submitted to staff one week prior to the pre-application conference:

1.            Project Narrative including applicant’s goals and planned use for the property.

2.            A Zoning Compliance Statement describing how the proposed project will comply with the zoning district requirements.

3.            A Comprehensive Plan Conformance Statement providing an explanation of how this project meets the goals and strategies of the City of Trinidad Comprehensive Plan.

4.            A Statement as to how utilities are to be provided.

5.            Images (such as photographs, sketches, and/or plans) illustrating the project intention.

6.            A sketch plan drawn to a scale of 1" = 200' showing the following:

a.            A vicinity map showing the location of the property in relation to major roads or highways, municipal boundaries, streams or other commonly recognized natural features.

b.            All proposed lots with general dimensions or lot sizes.

c.            General location and alignment of public and private streets.

d.            General floodplain limits and major drainage paths through the area.

e.            Location of areas proposed for open space.

C.           Additional Information.

1.            The results of the meeting do not provide any guarantee that the project will receive approval.

2.            The Pre-Application Conference does not supplant or eliminate any requirements for other portions of the plat application and review process.

Section 14-25.    PRELIMINARY PLAT

A.           Preliminary Plat Purpose. The purpose of the preliminary plat is to provide the City with an overall master plan for the proposed development.

B.           Preliminary Plat Application Process.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the City will accept a preliminary plat application for processing.

Step 2: Preliminary Plat Application Submittal. The applicant shall submit a complete preliminary plat application to the Planning Division that includes the following items:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Completed Major Subdivision Review Process Public Information Guide Checklist.

4.            Proof of Ownership.

5.            Preliminary Plat Review Criteria Statement. Provide a written description of how the subdivision request addresses the preliminary plat review criteria.

6.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names, addresses and mailing of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interests within the proposed subdivision. The applicant shall certify that the report is complete and accurate.

7.            Preliminary Plat. The preliminary plat shall bear the stamp and license number of a Colorado registered land surveyor and provide the following information:

a.            Title of project

b.            North arrow, scale (not greater than 1" = 100') and date of preparation.

c.            Vicinity map.

d.            Names of owners and surveyors.

e.            Legal description. The legal description shall not have a closure error greater than one (1) tenth of a foot.  

f.            Total acreage of proposed subdivision.

g.            Existing contours at two (2) foot intervals (contours shall be based on USGS datum.)

h.            Name and location of abutting subdivisions or owners of abutting property (if land is not platted.)

i.             Lots, blocks, and street layout with approximate dimensions and square footage for each lot.

j.             Consecutive numbering of all lots and blocks.

k.            Existing and proposed rights-of-way and easements on and adjacent to the property.

l.             Existing and proposed street names for all streets on and adjacent to the property.

m.          Existing and proposed zoning on and adjacent to the property.

n.            Location and size of existing and proposed utilities including, but not limited to sewer lines, water lines, fire hydrants, gas, electric, and CATV. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)

o.           Existing and proposed curb cuts on and adjacent to the property.

p.            Surveyed location of existing and proposed water courses and bodies of water such as irrigation ditches and lakes. Water courses shall include direction of flow.

q.            Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan.)

r.            General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.

s.            Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.

t.            Location, function, ownership and manner of maintenance of any private open space.

u.            Land use table - the table shall include: land uses, approximate acreage of each land use, percentage of each land use and delineation of how public land dedication requirements pursuant to Section 14-33 will be met.)

v.            Total number of lots.

w.           Number of each type of dwelling unit proposed.

8.            General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items:

a.            Explanation of how the items discussed during the Pre-Application Conference are addressed.

b.            Explanation of how the plat is consistent with the Code and City of Trinidad Comprehensive Plan.

9.            Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a Colorado registered professional civil engineer, including storm drainage concepts such as locations for on-site detention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways and/or floodplains on and adjacent to the site as well as any FEMA applications required.

10.         Storm Water Management Plan (SWMP). This plan is required if the property exceeds one-acre in size.

11.         Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.

12.         Preliminary Landscape Plan. This plan must illustrate the master landscape plan for the development by describing the design intention. It shall depict existing and proposed streets, utilities and easements, existing contours (2-foot intervals), general grading concepts for proposed improvements, existing features (i.e., ditches, drainageways, wetlands and floodplain), proposed landscaping (i.e., trees, shrubs, groundcover, walks, fences), areas to be considered open space and if they are public or private and identification of areas that will be irrigated and method of irrigation.

13.         Traffic Study, if applicable. This study must be prepared by a professional traffic engineer.

14.         Draft of Proposed Covenants, if applicable/proposed.

15.         Mineral, Oil and Gas Rights Documentation. Proof of notice to mineral estate owners as required by and in conformance with CRS 24-65.5-101 et seq., as existing or as hereafter amended.

16.         Soils Report and Map, if applicable. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.

17.         Geologic Report, if applicable. The report must be prepared by either a registered professional civil engineer or professional geologist and shall address:

a.            Site conditions;

b.            Geologic conditions;

c.            Engineering and geologic considerations; and

d.            Limitations and any necessary additional investigations.

18.         Colorado Historical Society Records Search. The records search must list all historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:

a.            Site identification:

i.             State site number;

ii.            Site address;

iii.           Site location/access;

iv.           Type and description of finding (what is historic); and

v.            Owner’s name and address.

b.            Eligibility assessment for historic designation.

c.            Statement of Significance (SOS): The statement is a declaration of value that briefly explains what a historic place is and why it is important. The SOS identifies key aspects of the place that must be protected in order for the historic place to continue to be important. The statement of significance contains several parts:


i.             A paragraph summarizing the property's significance.

ii.            Several supporting paragraphs that briefly discuss: the history of the property, particularly as it represents important historic contexts and reflects the significant events, associations, characteristics, or other reasons the property meets the National Register criteria, and the historic contexts, themes, trends, and patterns of development relating to the property.

iii.           The statement should be concise, factual, well-organized, and in paragraph form. Include only information pertinent to the property and its eligibility. Additional documentation should be maintained by the State Historic Preservation Office, Certified Local Government, Federal agency, or another institution.

d.            Management and administrative data:

i.             References;

ii.            Photographs of the site;

iii.           Maps of the site;

iv.           Name, address, phone number and qualifications of person completing survey; and

v.            Date of completion of survey.

19. Historic Protection Plan: If City Council decides to protect a historic resource, a Historic Protection Plan must be devised.

20.  Any other information deemed necessary by Staff to determine whether the application complies with this Chapter and all other applicable requirements of this Code.

Step 3: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application. Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the preliminary plat application based on the preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.

Step 6: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing Staff comments; and

2.            Revised maps and other documents, as required.

Step 7: Final Staff Review and Report to Planning, Zoning, and Variance Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning, Zoning, and Variance Commission explaining how the application is or is not consistent with the preliminary plat review criteria.

Step 8: Schedule Preliminary Plat Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the Planning, Zoning, and Variance Commission public hearing dates, the City will provide public notice of the public hearing to the abutting property owners by certified mail and publish the public notice in a local newspaper of general circulation. Notice given shall include the application type, the date of the application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

Step 9: Planning, Zoning, and Variance Commission Public Hearing and Recommendation. The Planning, Zoning, and Variance Commission shall hold a public hearing to review the preliminary plat application based on the preliminary plat review criteria. The applicant and/or applicant’s agent must be present at the public hearing to address any questions by the Commission or members of the Public. The Planning, Zoning, and Variance Commission shall then make a recommendation to the City Council to approve, conditionally approve, or deny the preliminary plat application.

Step 10: City Council Action. The preliminary plat application shall be presented to the City Council for its review and action. The City Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning, Zoning, and Variance Commission for a period of one (1) year from the date of denial unless the period of one (1) year is otherwise waived by the Planning, Zoning, and Variance Commission based on the applicant’s ability to immediately address any failure to meet the criteria.  All decisions of the City Council approving, approving subject to conditions, or denying an application shall be subject to review by the District Court in Las Animas County. Any applicant or other party with a legal interest may appeal such decisions in the manner provided by rules relating to civil proceedings before the District Court.

Step 11: Post Approval Action. Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless an extension of one (1) additional year is otherwise approved by the City Council. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.

C.           Preliminary Plat Review Criteria. The City shall use the following criteria to evaluate the applicant’s request:

1.            The preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the City of Trinidad Comprehensive Plan.

2.            The land use mix within the project conforms to City Zoning District Map and:

a.            The proposed development promotes desired City character;

b.            Proposed residential development adds diversity to City housing supply;

c.            Proposed commercial development will benefit City economic base;

d.            Parks and open space are incorporated into the site design;

e.            The proposed project protects City environmental quality; or

f.            The development enhances cultural, historical, educational and/or human service opportunities.

3.            The utility and transportation design is adequate, given existing and planned capacities of those systems.

4.            Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.

5.            The proposal otherwise meets all requirements and standards imposed by this Code.

Section 14-26.    FINAL PLAT

A.           Final Plat Purpose. The purpose of the final plat is to complete the subdivision of land consistent with the approved preliminary plat and applicable City standards and requirements.

B.           Final Plat Application Process.

Step 1: Pre-Application Conference. A pre-application conference is optional and will only be scheduled at the request of the applicant.

Step 2: Final Plat Application Submittal. The final plat application shall conform with the preliminary plat as approved by the City Council and shall address all conditions of approval required by the City Council, if any. The final plat application for the first phase of development must be submitted not more than twelve (12) months after approval of the preliminary plat unless otherwise granted an extension for up to one (1) additional year by the City Council. The applicant shall submit a complete final plat application to the Planning Division that includes the following items:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Completed Major Subdivision Review Process Public Information Guide Checklist.

4.            Proof of Ownership

5.            Certifications showing that all taxes and special assessments due on the plat have been paid in full.

6.            Final Plat Review Criteria Statement. Provide a written description of how the subdivision request addresses the final plat review criteria.

7.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names and addresses of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interests within the proposed subdivision. The applicant shall certify that the report is complete and accurate.

8.            Final Plat. The final plat shall bear the stamp and license number of a Colorado registered land surveyor and provide the following information:

a.            Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

b.            Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.

c.            The perimeter survey description of the proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than professional survey standards.  Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.  The legal description shall not have a closure error greater than one (1) tenth of a foot.  

d.            The final plat shall include the following information:

i.             Title of project.

ii.            North arrow, scale (not greater than 1"=100') and date of preparation.

iii.           Vicinity map.

iv.           Legal description.

v.            Basis for establishing bearing.

vi.           Names of owners and surveyors.

vii.          Total acreage of subdivision.

viii.         Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.

ix.           Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.

x.            Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.

xi.           Existing and proposed rights-of-way in and adjacent to subject property (labeled and dimensioned.)

xii.          Existing and proposed street names for all streets on and adjacent to the property.

xiii.         Existing and proposed easements and their type in and adjacent to subject property (labeled and dimensioned.)

xiv.         Location and description of monuments.

xv.          In the plat notes, indicate if the subject property is in the 100 year (1%) Floodplain boundary including source information (if a 100 year (1%) floodplain does not exist on the property, please state this in the plat notes.)

xvi.         Signature block for registered land surveyor certifying to accuracy of boundary survey and plat.

xvii.        Signature block and certification of taxes paid for the County Treasurer on all property within boundaries of the proposed plat 

xviii.       Signature block for certification of approval by the Planning, Zoning, and Variance Commission with signatures for the Commission Chair and Commission Secretary and signature block for certification of approval by City Council with signatures for the Mayor and City Clerk, with signing date and formal approval date by the respective governing body.

xix.         Certification of ownership and dedication of streets, rights-of-way, easements and public land.

9.            General Development Information. Provide a written description confirming that the final plat conforms with the preliminary plat. In addition, the description, shall address how the proposed development conforms with the Community Design Standards.

10.         Complete Engineering Plans and Specifications.

a.            Construction Plans and Profiles. The Plans and Profiles shall be prepared by a registered professional engineer licensed in the State of Colorado and provide the following information:

i.             The horizontal to vertical scales shall be chosen to best depict the aspects of the design.

ii.            Minimum horizontal scale: 1"=100'.

iii.           Minimum vertical scale: 1"=10'.

iv.           The typical road geometric and structural cross-section is to be shown on each plan sheet.

v.            The plan must show right-of-way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii, and all other features to enable construction in accordance with approved standards and standard engineering practice. Construction plans shall also include water, sanitary sewer, gas, electric, and any other utilities such as irrigation ditches. (Note: The developer/owner is responsible for coordinating with the appropriate utility companies (i.e. water, sewer, gas, electric, telephone, cable).

vi.           The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at point of intersection of vertical curves, intersections and other critical points, structures, and all other features required to enable construction in accordance with approved standards.

vii.          Signature blocks for all utility providers unless otherwise provided in agreement form.

b.            Structure Details, if applicable. Sufficient data shall be given to construction of major structures and road appurtenances such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.

c.            Gas, Electric, Wastewater Collection and Water Supply Distribution Plans, Profiles and Specifications, if applicable. The plans, profiles and specifications shall be prepared by a registered professional civil engineer and shall be accompanied by written approvals from the applicable utility provider and/or any applicable utility districts.

11.         Final Drainage Plans and Reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria to include any applicable storm water regulations. The plan and report must provide:

a.            Cross-sections of each water carrier showing high water elevations for one hundred (100) year (1%)  floodplain and adjacent features that may be affected thereby.

b.            Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, County, ditch companies.)

c.            Supporting calculations for run-offs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.

d.            Erosion control plans, when required, to be submitted as a result of preliminary plan review.

12.         Final Grading Plan. The final grading plan shall illustrate existing and proposed contours and lot and block grading details.

13.         Soils Reports, if applicable. The soils reports shall detail special foundation requirements (shall be submitted after overlot grading is complete) and pavement design (may be submitted as part of the building permit.)

14.         Final Street Lighting Plan, if applicable. A final street lighting plan shall be prepared in conjunction with electric utility and the City. The plan must specify the number, kind and approximate location of street lights.

15.         Final Landscape Plan. This plan must illustrate the specific landscaping details to ensure conformance with the landscape design intention for the development and demonstrate consistency with the preliminary landscape plan. It shall depict all elements from the preliminary landscape plan in addition to detailed planting plan indicating location, species, size and quality of all proposed plantings and groundcover. Improvements shall be shown in their final location and mature size. It also includes a plant list in chart form and description of the type and location of groundcover, walks, fences, mulches, etc., as well as a cost estimate for improvements.

16.         Mineral, Oil and Gas Rights Documentation. Proof of notice to mineral estate owners as required by and in conformance with CRS 24-65.5-101 et seq., as existing or as hereafter amended.

17.         As required by Council, a Historic Protection Plan.

18.         Any other information deemed necessary by the Staff to determine whether the application complies with this Chapter and all other applicable requirements of this Code. The list below provides examples of other information or documents that may be required including but not limited to:

a.            Maintenance bonds.

b.            Work in Right-of-Way Permit (from City.)

c.            Floodplain Use Permit (from City.)

d.            Grading Permit (from City.)

e.            State Highway Utility Permit (from Colorado Department of Transportation.)

f.            State Highway Access Permit (from Colorado Department of Transportation.)

g.            Construction Dewatering Permit (from Colorado Department of Public Health and Environment.)

h.            404 Permit (from Army Corps of Engineers.)

i.             Air Pollution Emission Notice (APEN) (from Colorado Department of Public Health and Environment.)

j.             Work in Ditch Right-of-Way Permit (from individual ditch companies.)

k.            Rare Species Occurrence Survey (from U.S. Fish and Wildlife Service.)

l.             General Warranty Deed - This deed conveys to the City all public lands other than streets shown on the plat or, in lieu of a deed, a payment in an amount to be determined by the City.

m.          Improvements Guarantee - Cash, certified check, or an irrevocable letter of credit from a bank in Colorado or other acceptable collateral in the amount stipulated to in the Subdivision Improvement Agreement (SIA) or other agreements or contracts, posted in favor of the City in an amount sufficient to assure construction of all required public improvements, as the City Council shall determine.

n.            Approved Adjudication of Water Rights and a Plan of Augmentation, if applicable.

o.           Protective Covenants, Homeowners Association (HOA) Documents, Articles of Incorporation for HOA, and Architectural Design Guidelines (if applicable) finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure maintenance will be funded in perpetuity.

p.            FEMA approved applications (i.e., Conditional Letter of Map Revisions [CLOMR] or Letter of Map Revisions [LOMR].)

Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application. Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the final plat application based on the final plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.

Step 6: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing Staff comments; and

2.            Revised maps and other documents, as required.

Step 7:  Subdivision Improvement Agreement.  A Subdivision Improvement Agreement will be required and will be approved by City Council and executed prior to the Final Plat recordation per Section 14-34 Subdivision Improvement.  Guarantees in the Subdivision Improvement Agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.

Step 8: Final Staff Review and Report to Planning, Zoning, and Variance Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning, Zoning, and Variance Commission explaining how the application is or is not consistent with the final plat review criteria.

Step 9: Schedule Final Plat Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the Planning, Zoning, and Variance Commission public hearing dates, the City will provide public notice of the public hearing to the abutting property owners by certified mail and publish the public notice in a local newspaper of general circulation. Notice given shall include the application type, the date of the application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

Step 10: Planning, Zoning, and Variance Commission Public Hearing and Recommendation. The Planning, Zoning, and Variance Commission shall hold a public hearing to review the final plat application based on the final plat review criteria. The applicant and/or applicant’s agent must be present at the public hearing to address any questions by the Commission or members of the Public. The Planning, Zoning and Variance Commission shall then make a recommendation to the City Council to approve, conditionally approve, or deny the final plat application.

Step 11: City Council Action. The final plat application and the Subdivision Improvement Agreement shall be presented to the City Council for their review and action. The City Council may approve, conditionally approve or deny the final plat based on the final plat review criteria.  The City Council may approve, conditionally approve or deny the Subdivision Improvement Agreement based on Section 14-34.  All decisions of the City Council approving, approving subject to conditions, or denying an application shall be subject to review by the District Court in Las Animas County. Any applicant or other party with a legal interest may appeal such decisions in the manner provided by rules relating to civil proceedings before the District Court.

Step 12: Post Approval Actions. Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision. Immediately following, these steps shall be taken for executing, signing and recordation of the Subdivision Improvement Agreement and the Final Plat:

1.            The applicant shall submit to the Planning Division a digital copy of the final plat and three (3) signed, original Mylars of the final plat, with all required signatures completed with the exception of the required City signatures.  The Planning Division will circulate the final plat to City officials for the appropriate signatures.

2.            The final plat shall be recorded by the Planning Division in the office of the County Clerk and Recorder as soon as practicable following approval, subject to any conditions of approval, which shall be satisfied prior to recordation. The recording fee shall be paid by the applicant.

3.            No person shall sell, transfer, convey, lease or rent, or negotiate the same, any lot or other property within the development until the plat has been recorded.

4.            The Planning Division shall also record the Subdivision Improvement Agreement and any agreement for dedications, if applicable, together with legal documents as may be required to be recorded by the City.

C.           Final Plat Review Criteria. The City shall use the following criteria to evaluate the applicant’s request:

1.            The final plat conforms to the preliminary plat, including any conditions of approval;

2.            The development will comply with all requirements of this Code;

3.            The development will comply with the applicable technical standards and specifications adopted by the City; and

4.            The final plat otherwise meets all applicable requirements of this Chapter, Article and this Code.

Section 14-27.    MINOR SUBDIVISIONS

A.           Minor Subdivision Plat Purpose. The purpose of the minor subdivision plat is to evaluate proposed subdivisions that will create few lots and will involve minor adjustments to approved final plats when all of the following conditions exist:

1.            The property has previously been platted within the City of Trinidad;

2.            There is no public right-of-way dedication;

3.            The entire tract to be subdivided is four (4) acres or less in size;

4.            The resulting subdivision will produce four (4) or fewer lots; and

5.            There will be no exceptions to the Community Design Standards.

B.           Minor Subdivision Plat Application Process.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the City will accept a minor subdivision plat application for processing.

Step 2: Minor Subdivision Plat Application Submittal. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Completed Minor Subdivision Review Process Public Information Guide Checklist.

4.            Proof of Ownership.

5.            Certifications showing that all taxes and special assessments due on the plat have been paid in full.

6.            Minor Subdivision Plat Review Criteria Statement. Provide a written description of how the subdivision request addresses the minor subdivision review criteria.

7.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names,  addresses and mailing addresses of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interests within the proposed subdivision. The applicant shall certify that the report is complete and accurate.

8.            Minor Subdivision Plat - The minor subdivision plat shall bear the stamp and license number of a Colorado registered land surveyor and provide the following information:

a.            Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

b.            Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.

c.            The perimeter survey description of the proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have a closure error greater than professional survey standards. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions. The legal description shall not have a closure error greater than one (1) tenth of a foot.  

d.            The minor subdivision plat shall provide the following information:

i.             Title of project.

ii.            North arrow, scale (not greater than 1"=100') and date of preparation.

iii.           Vicinity map.

iv.           Legal description. The legal description shall not have a closure error greater than one (1) tenth of a foot.  

v.            Basis for establishing bearing.

vi.           Names of owners and surveyors.

vii.          Total acreage of subdivision.

viii.         Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.

ix.           Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.

x.            Existing rights-of-way in and adjacent to subject property (labeled and dimensioned.)

xi.           Existing and proposed street names for all streets on and adjacent to the property.

xii.          Existing easements and their type in and adjacent to subject property (labeled and dimensioned.)

xiii.         Location and description of monuments.

xiv.         In the plat notes, indicate if the subject property is in the Floodplain boundary including source of information (if a floodplain does not exist on the property, please state this in the plat notes.) 

xv.          Signature block for registered land surveyor certifying to accuracy of boundary survey and plat.

xvi.         Signature block and certification of taxes paid for the County Treasurer on all property within boundaries of the proposed plat 

xvii.        Signature block for certification of approval by the Planning, Zoning, and Variance Commission with signatures for the Commission Chair and Commission Secretary and signature block for certification of approval by City Council with signatures for the Mayor and City Clerk.

xviii.       Certification of ownership and dedication of streets, rights-of-way, easements and public land.

9.            Any other information deemed necessary by the Staff to determine compliance with this Chapter, Article and Code.

Step 3: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application. Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the minor subdivision plat application based on the minor subdivision plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.

Step 6: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing Staff comments; and

2.            Revised maps and other documents, as required

Step 7:  Subdivision Improvement Agreement:  A Subdivision Improvement Agreement will be required and will be approved by City Council and executed prior to the Minor Subdivision Plat recordation per Section 14-34 Subdivision Improvement.  Guarantees in the Subdivision Improvement Agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.

Step 8: Planning Division Review and Action.

1.            Any minor subdivision application requiring the dedication of public improvements to the City, or a subdivision improvement agreement, shall be forwarded to City Council for consideration of the subdivision improvement agreement and/or dedication prior to the Director taking action on the minor subdivision.

2.            The Director may refer a minor subdivision application to the Planning, Zoning, and Variance Commission for recommendation, at her/his discretion.

3.            Any application referred to Commission shall require a public hearing and shall be noticed at least ten (10) days prior to the Planning, Zoning, and Variance Commission public hearing dates, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in the local newspaper of general circulation. Notice given shall include the application type, the date of the accepted application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

4.            Once paragraphs 1 through 3 above have been satisfied, if applicable, the Director shall review the minor subdivision application and any public comments received and shall approve, approve with conditions, or deny the minor subdivision based on the minor subdivision review criteria.

5.            Any action taken by the Director shall become final unless appealed. Any aggrieved party who wishes to appeal the Director’s decision shall file a written appeal stating the reasons why and how the Director’s decision was in error. The aggrieved party shall file the appeal with the City Clerk within seven (7) days of the date of the Director’s decision.

6.            The City Council shall consider any appeal within forty-five (45) days of the date the appeal is filed, except an appeal associated with a concurrent development application requiring Council review or approval, in this instance, City Council shall consider with final action that appeal as part of the concurrent development application. The City Council's review of the Director’s decision shall be limited to a determination as to whether, from the evidence reviewed by the Director, her/his decision exceeded her/his jurisdiction or was arbitrary and capricious. For purposes of this Section, a decision of the Director is not "arbitrary and capricious" if it is supported by any competent evidence on the record. For purposes of this Section, competent evidence means enough evidence in support of the decision made to make the issue decided fairly debatable among reasonable people. The City Council may uphold, modify or reverse the Director’s decision.

Step 9: Post Approval Actions. Within ten (10) days after a final decision on the application, the Planning Division shall provide written notification of the decision. Immediately following, these steps shall be taken for execution, signing and recordation of the Subdivision Improvement Agreement and Minor Subdivision Plat:

1.            The applicant shall submit to the Planning Division a digital copy of the minor subdivision plat in a format defined by the City and three (3) signed, original Mylars of the minor subdivision plat, with all required signatures completed with the exception of the required City signatures.  The Planning Division will circulate the minor subdivision plat to City officials for the appropriate signatures.

2.            The minor subdivision plat shall be recorded by the Planning Division in the office of the County Clerk and Recorder as soon as practicable following approval, subject to any conditions of approval, which shall be satisfied prior to recordation. The recording fee shall be paid by the applicant.

3.            The Planning Division shall also record the Subdivision Improvement Agreement and any agreement for dedications, if applicable, together with legal documents as may be required to be recorded by the City.

C.           Minor Subdivision Plat Review Criteria. The City shall use the following criteria to evaluate the applicant’s request. The proposed plat:

1.            Will comply with all requirements of this Code;

2.            Will comply with the applicable technical standards and specifications adopted by the City;

3.            Does not affect a recorded easement without approval from the easement holder; and

4.            Will not limit the City’s ability to provide adequate and sufficient facilities or services.

Section 14-28.    CONDOMINIUMIZATION

A.           Condominiumization Purpose. The condominium procedure provides a process by which the City reviews creation of condominium subdivisions and conversions and evaluates them for compliance with the Code.

B.           Review Procedure. All condominium developments shall be processed using the preliminary plat application process and final plat application process of this Article.

C.           Condominiumization Application Submittal. All proposed condominium projects shall submit a preliminary and final plat containing the information and requirements specified for Preliminary Plat Application Submittal and Final Plat Application Submittal in this Article. In addition, the following information to be submitted shall include:

1.            A map showing all common areas and usages of buildings and grounds and plans for the interior division of the building showing horizontal and vertical boundaries of all units.

2.            A draft copy of the declaration applicable to the condominium project.

3.            The Articles of Incorporation. A certificate from the Secretary of State stating that the Articles of Incorporation have been filed, comply with Colorado law, and that the corporation is authorized to conduct affairs within the State shall be submitted with the condominium plat application.

4.            Proposed restrictive covenants. All condominium projects shall establish a mandatory homeowners’ association for the maintenance of common property and facilities.

5.            All utility lines, meters and easements.

6.            Any other information, maps or plats required by the Colorado Common Interest Ownership Act (§38-33.3-101 et seq., C.R.S.).

7.            A certificate by an attorney duly licensed to practice law in the State that the condominium association, condominium plat and declaration comply with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq., C.R.S.) shall be submitted with the preliminary and final subdivision plat.

D.           Condominiumization Conversions. An applicant proposing to condominiumize an existing building is exempt from these procedures with the following exceptions:

1.            The applicant shall submit a condominium conversion inspection report to the Building Official or her/his designee describing the structural condition of the building, the proposed condominium units, and their compliance with all building and fire safety codes.

2.            The applicant shall make the building and all proposed condominium units available for inspection by the Building Official or her/his designee if the Building Official deems such inspection necessary to evaluate compliance of the building and/or units with building and fire safety codes. The cost of such inspections shall be borne by the applicant.

3.            The conversion of an existing structure to multiple ownership interest shall not be permitted if the use of the structure is nonconforming pursuant Section 14-50, Nonconforming Uses and Structures.

4.            The applicant shall comply with the post approval actions and limitations.

E.            Post Approval Actions. Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision. Immediately following, these steps shall be taken for executing, signing and recordation of the Subdivision Improvement Agreement and the Final Condominium Plat:

1.            The applicant shall submit to the Planning Division a digital copy of the final condominium plat and three (3) signed, original Mylars of the final condominium plat, with all required signatures completed with the exception of the required City signatures.  The Planning Division will circulate the final condominium plat to City officials for the appropriate signatures.

2.            The final condominium plat shall be recorded by the Planning Division in the office of the County Clerk and Recorder as soon as practicable following approval, subject to any conditions of approval, which shall be satisfied prior to recordation. The recording fee shall be paid by the applicant.

3.            The Planning Division shall also record the Subdivision Improvement Agreement, if applicable, and any agreement for dedications, if applicable, together with legal documents as may be required to be recorded by the City.

4.            After buildings have been constructed, the applicant shall submit as built drawings to the Planning Division.

5.            Upon completion of construction and prior to the issuance of the Certificate of Occupancy, the applicant shall submit to the Planning Division an amended final condominium plat showing graphically and dimensionally the subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of the site and other appurtenances on the site. The amended final condominium plat shall be circulated for all appropriate signatures and recorded by the Planning Division in the office of the County Clerk and Recorder.  The recording fee shall be paid by the applicant.

F.            Condominiumization Review Criteria. The City shall use the following criteria to evaluate the applicant’s request:

1.            The condominiumization will substantially comply with applicable dimensional, development and Community Design Standards as set forth in this Code.

2.            All applicable technical standards have been met.

3.            Does not affect a recorded easement without approval from the easement holder.

4.            Will not limit the City’s ability to provide adequate and sufficient facilities or services.

5.            The condominiumization otherwise meets all applicable requirements of this Chapter, Article and this Code.

Section 14-29.    PLOT PLAN: SINGLE-FAMILY HOME OR DUPLEX

A.           Plot Plan Purpose. The plot plan is required prior to issuance of any building permit for any new single-family home or duplex. The plot plan shows where the proposed building or structure will be located on the lot so that the City can make sure that the proposed location will be in compliance with all City regulations.

B.           Plot Plan Process.

Step 1: Submit Plot Plan Application Package. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Proof of Ownership.

4.            Plot Plan Review Criteria Statement. Provide a written description of how the residential building permit request addresses the plot plan review criteria.

5.            Plot Plan Map. The plot plan map shall be prepared by a registered professional engineer or land surveyor duly licensed in the State of Colorado and shall provide the following information:

a.            Title of project.

b.            North arrow, scale (1"=20' or larger) and date of preparation.

c.            Name of property owner.

d.            Lot number, block number and name of subdivision.

e.            Lot size (square footage).

f.            Property line distances and bearings.

g.            Existing and proposed easements on the lot.

h.            Square footage and footprint of the proposed building or structure, including roof overhangs and eaves, decks, balconies, stairs and landings dimensioned.

i.             Distance from the proposed building or structure to all lot lines.

j.             All existing buildings or structures on the lot.

k.            Names of adjacent roads.

l.             Driveways or changes to existing driveways.

m.          Existing and/or proposed gas, electric, water and sewer service lines on the lot.

n.            Building elevations.

o.           Height of all proposed buildings.

6.            Drainage Information - Provide drainage arrows showing proposed drainage direction(s).

7.            Additional submittals. The Director may require additional materials if she/he determines that such materials are necessary to evaluate potential project impacts.  These may include but not be limited to a statement of approval from any entities in regard to existing protective covenants or HOA regulations.

Step 2: Staff Reviews Plot Plan Application and Prepares Comments. Staff will review the plot plan application and map and prepare a written report.

Step 3: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the plot plan application and/or map and resubmits a revised copy to the City, as necessary.

Step 4: Plot Plan Approval. Staff completes final review of plot plan and evaluates the Plan by applying the plot plan review criteria. If the Plan meets the plot plan review criteria set forth herein, it shall be approved by Staff and the building permit may be issued pending any other City approvals.

C.           Plot Plan Review Criteria. The plot plan must meet the following review criteria:

1.            All of the information and requirements specified for Plot Plans in this Section are provided.

2.            The lot size and lot dimensions are consistent with what is shown on the approved final plat.

3.            No buildings or structures infringe on any easements.

4.            The proposed site grading meets the City Engineer or her/his designees’ approval.

5.            The development will comply with all requirements of this Code; and

6.            The development will comply with the applicable technical standards and specifications adopted by the City.

Section 14-30.    SITE PLAN: MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS

A.           Site Plan Purpose. The site plan is required in order to apply for a building permit for all multi-family, commercial, and industrial developments. The site plan review procedure provides a process to evaluate proposed development for compliance with all City regulations.

B.           Exemptions. The following development is exempt from the site plan review procedure:

1.            A change in use that does not involve or require other improvements (such as additional parking or landscaping);


2.            Tenant improvements or interior remodels that do not increase gross floor area or building height, increase the density or intensity of the use, or affect development standards (such as parking or landscaping requirements); and

3.            Construction of single-family detached dwellings or two-family dwellings, additions to such dwellings, and structures accessory to such dwellings.

C.           Site Plan Process.

Step 1: Submit Site Plan Application package. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Proof of Ownership.

4.            Site Plan Review Criteria Statement. Provide a written description of how the site development request addresses the site plan review criteria.

5.            Site Plan Map. The site plan map shall be prepared by a registered professional engineer or land surveyor duly licensed in the State of Colorado and shall provide the following information:

a.            Title of project.

b.            North arrow, scale (no greater than 1"=50') and date of preparation.

c.            Vicinity map.

d.            Address of project.

e.            Legal description of property.

f.            Name of property owner.

g.            Name of person or firm responsible for plan.

h.            Lot size (square footage).

i.             Property line distances and bearings.

j.             Existing and proposed easements and rights-of-way.

k.            Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.

l.             Gathering areas for people.

m.          Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all labeled and dimensioned.

n.            Existing and proposed two (2)-foot contours.

o.           Existing waterways on or adjacent to the site.

p.            Finished floor elevations for all structures.

q.            Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.

r.            Existing structures and their use.

s.            Square footage of the proposed building(s) and the footprint of the proposed building(s).

t.            Proposed structure height.

u.            For commercial and industrial uses, the type of activity and number of employees.

v.            For multi-family residential, the number of: residential units and bedrooms per unit.

w.           Location of proposed signs and lights.

x.            Specifications for the signs and lights, including type, height and general conformance to the Code. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in footcandles) of these fixtures across the site to all property boundaries.

y.            Proposed traffic controls and striping for parking areas (all lanes, driveways, and parking spaces must be dimensioned.)

z.            Trash disposal areas and enclosures including specifications for enclosures.

aa.         Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems.)

bb.         Location and size of water and sewer lines to which the service connections will be or are made.

cc.          Location and size of water meter(s).

dd.         Location and size of backflow-prevention devices.

ee.         Indication of how and where perimeter drain will drain (if one exists.)

ff.           Location of existing electrical lines and poles on or adjacent to the site.

gg.         Location of proposed electrical service connection and meter location.

hh.         Location of electric transformer.

ii.            Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within 500 feet.

jj.            Location of detention/retention areas and storm water infrastructure with the required drainage easements.

kk.          The distance from the proposed building(s) or structure(s) to adjacent lot lines, easements, and adjacent structures.

6.            A land use chart.

7.            Certificate blocks for signatures of owner, surveyor, professional engineer, utility providers, and City approval.

8.            Certified Drainage Report - A certified drainage report, including an erosion control study and plan, and a storm water plan, as applicable, must be reviewed and approved by the appropriate jurisdictions (if applicable) prior to submittal of the report to the City as part of the site plan application.

9.            Final Landscape Plan. Refer to the Community Design Standards for the final landscape plan requirements.

10.         Exterior Elevations of Proposed Structures/Graphic Visual Aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structure(s). In addition, Staff may require building floor plans, sectional drawings, perspective drawings, models, and/or computer visualizations when the impacts of a proposal warrant such information.

11.         Additional submittals. The Director may require additional materials if she/he determines that such materials are necessary to evaluate potential project impacts.  These may include but not be limited to a statement of approval from any entities in regard to existing protective covenants or HOA regulations.

Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 3: Refer Application. Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 4: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the site plan application based on the site plan review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.

Step 5: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:

1.  Letter addressing staff comments; and

2.  Revised maps and other documents, as required

Step 6: Site Plan Agreement. Staff may require that the applicant execute a Site Plan Agreement to assure the construction of on-site and off-site improvements as a condition of approval of the Site Plan. Guarantees in the Site Plan Agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.

Step 7:  Planning Division Review and Action.

1.            Any site plan application requiring a Site Plan Agreement pursuant to Step 6 above shall be forwarded to City Council for consideration of the site plan agreement and/or dedication prior to the Director taking action on the site plan.

2.            The Director may refer a site plan application to the Planning, Zoning, and Variance Commission for recommendation at her/his discretion.

3.            Any application referred to Commission shall require a public hearing and shall be noticed at least ten (10) days prior to the Planning, Zoning, and Variance Commission public hearing date, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in the local newspaper of general circulation. Notice given shall include the application type, the date of the application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

4.            Once paragraphs 1 through 3 above have been satisfied, if applicable, the Director shall review the site plan application and any public comments received and shall approve, approve with conditions, or deny the site plan based on the site plan review criteria.

5.            Any action taken by the Director shall become final unless appealed. Any aggrieved party who wishes to appeal the Director’s decision shall file a written appeal stating the reasons why and how the Director exceeded her/his jurisdiction and/or abused her/his discretion. The aggrieved party shall file the appeal with the City Clerk within seven (7) days of the date of the Director’s decision.

6.            The City Council shall consider any appeal within forty-five (45) days of the date the appeal is filed, except an appeal associated with a concurrent development application requiring Council review or approval, in this instance, City Council shall consider with final action the appeal as part of the concurrent development application.  The City Council's review of the Director’s decision shall be limited to a determination as to whether, from the evidence reviewed by the Director, her/his decision exceeded her/his jurisdiction or was arbitrary and capricious. For purposes of this Section, a decision of the Director is not "arbitrary and capricious" if it is supported by any competent evidence on the record. For purposes of this Section, competent evidence means enough evidence in support of the decision made to make the issue decided fairly debatable among reasonable people. The City Council may uphold, modify or reverse the Director’s decision.

Step 8: Post Approval Actions.  Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision.  Immediately following, these steps shall be taken for execution and signing of the Site Plan Agreement and the Site Plan Map.

1.            The applicant shall submit to the Planning Division a digital copy of the site plan map and one (1) signed, original 24” X 36” of the approved Site Plan Map

2.            Building Permit. A building permit shall be issued only when a site plan has been approved. However, with the approval of the Director, an applicant may submit a building permit application concurrent with the site plan application. Building permits shall not be issued for any development that is not in conformance with the approved site plan.

3.            Certificate of Occupancy. When building construction and site development are completed in accordance with the approved site plan and building permit(s), a Certificate of Occupancy may be issued.

4.            Phasing and Expiration of Approval. The site plan shall be effective for a period of one year from the date of approval, unless stated otherwise in the written site plan approval, after which, the plan shall expire unless a building permit has been issued for work authorized by the site plan. Building permits shall not be issued based on site plans that have an approval date more than one year old. For multi-phased plans, building permits shall not be issued based on an approval date more than two (2) years from the date of Phase I, unless otherwise specified in the Site Plan Agreement.

D.           Site Plan Review Criteria. The site plan must meet the following review criteria:

1.            All of the information and requirements specified for Site Plans in this Section are provided.

2.            The lot size and lot dimensions are consistent with what is shown on the approved final plat.

3.            No buildings or structures infringe on any easements.

4.            The proposed site grading is consistent with the requirements of (insert reference to any applicable adopted storm drainage criteria or master drainage plans.)

5.            The development will comply with all requirements of this Code; and

6.            The development will comply with the applicable technical standards and specifications adopted by the City.

E.            Amendments to Approved Site Plans.

Changes to approved site plans shall be considered as a new site plan application. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the City.

Section 14-31.    LOT LINE AND/OR EASEMENT ADJUSTMENT AND LOT CONSOLIDATION

Section 14-31.1.               Lot Line and/or Easement Adjustment

A.           Purpose. The purpose of the lot line and/or easement adjustment is to allow administrative review of a minor adjustment to legally subdivided lots, building envelopes and easements.

B.           Applicability. The Director shall be authorized to grant lot line and/or easement adjustments that meet all of the following conditions:

1.            The adjustment shall affect a maximum of two (2) adjacent lots or building envelopes. No new parcels, lots, building envelopes or easements shall be created.

2.            The lot line and/or easement adjustment shall comply with all other applicable requirements of this Code, including Community Design Standards.

3.            The adjustment shall not cause either of the two (2) adjacent lots or building envelopes to shift to a new zoning district.

4.            The adjustment shall not diminish the size of parks, open space, or other protected environments.

5.            The use of a lot line adjustment shall be limited to one time by the affected lots, building envelopes or easements. Additional adjustments shall be considered a Minor Subdivision and shall be subject to the provisions of Section 14-27.

C.           Lot Line and/or Easement Adjustment Application Process.

Step 1: Submit Application Package. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Proof of Ownership.

4.            Lot Line and/or Easement Adjustment Criteria Statement. Provide a written description of how the lot line and/or easement adjustment request addresses the lot line and/or easement adjustment review criteria.

5.            Lot Line and/or Easement Adjustment Exhibit. A certified, stamped lot line and/or easement adjustment exhibit shall be prepared by a professional land surveyor and provide the following information:

a.            Contents. The lot line and/or easement adjustment exhibit shall contain the information required for final plats in this Chapter, and any additional information as determined necessary by the Director.

b.            Additional submittals. The Director may require additional materials if she/he determines that such materials are necessary to evaluate potential project impacts.  These may include but not be limited to a statement of approval from any entities in regard to existing protective covenants or HOA regulations.

Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 3: Refer Application (if applicable). Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 4: Staff Decision and Action. Staff shall review the application and submit recommendations and comments to the applicant. Staff shall make a decision based on the lot line and/or easement adjustment criteria for approval. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval, if any.

Step 5: Post Approval Actions. The applicant shall submit a digital copy of the approved lot line and/or easement adjustment plat and three (3) original Mylars of the lot line and/or easement adjustment plat with the appropriate signatures to the Planning Division. Approval of a lot line and/or easement adjustment shall be final when the Director's signature has been affixed on the lot line and/or easement adjustment plat to be recorded by the Planning Division in the office of the County Clerk and Recorder. The recording fee shall be paid by the applicant.

D.           Lot Line and/or Easement Adjustment Review Criteria.

1.            Conformity with the Code. The proposed lot line and/or easement adjustment substantially conforms to all applicable requirements of the City's Code, including area standards of the zone district(s) in which it is located, as modified by any variance for the property.

2.            Conformance with other applicable regulations. The proposed lot line and/or easement adjustment conforms to any other applicable regulations and requirements including but not limited to provisions of state law, the City's Code, and any requirements set by any capital improvement plan or program, or any approved Subdivision Improvements Agreement or Development Agreement for the property.

3.            Compatibility with surrounding area. The proposed lot line and/or easement adjustment shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area.

E.            Term effect of Approval.

1.            A lot line and/or easement adjustment must be signed and recorded with the County Clerk and Recorder within ninety (90) days of approval or the approval shall be considered null and void.

2.            Lot line and/or easement adjustments shall run with the land unless and until amended.

Section 14-31.2. Lot Consolidation

A.           Purpose. The purpose of a lot consolidation is to allow administrative review to remove interior lot lines of a parcel comprised of two (2) or more separate lots with contiguous ownership.

B.           Applicability. The Director shall be authorized to grant lot consolidations which meet all of the following conditions:

1.            The consolidation shall affect five (5) or less lots. Lot line consolidation that affect more than five (5) lots shall be processed in accordance with the final plat section of this Article.

2.            Lot line consolidation shall comply with all other applicable requirements of this Code.

C.           Lot Consolidation Process.

Step 1: Submit Lot Line Consolidation Application Package. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Proof of Ownership.

4.            Lot Line Consolidation Criteria Statement. Provide a written description of how the lot line elimination request addresses the lot line consolidation review criteria.

5.            Lot Line Consolidation Exhibit. A certified, stamped lot line consolidation exhibit shall be prepared by a professional land surveyor and provide the following information:

a.            Contents. All information required for final plats in this Chapter, and any additional information as determined necessary by the Director.

b.            Additional submittals. The Director may require additional materials if she/he determines that such materials are necessary to evaluate potential project impacts.  These may include but not be limited to a statement of approval from any entities in regard to existing protective covenants or HOA regulations.

Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 3: Refer Application (if applicable). Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 4: Staff Decision and Action. Staff shall review the application and submit recommendations and comments to the applicant. Staff shall make a decision based on the lot consolidation criteria for approval. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval, if any.

Step 5: Post Approval Actions. The applicant shall submit a digital copy of the approved lot consolidation plat and three (3) original Mylars of the lot consolidation plat with the appropriate signatures to the Planning Division. Approval of a lot consolidation shall be final when the Director's signature has been affixed on the lot consolidation plat to be recorded by the Planning Division in the office of the County Clerk and Recorder. The recording fee shall be paid by the applicant.

D.           Lot Consolidation Review Criteria.

1.            Conformity with the Code. The proposed lot line elimination conforms to all applicable requirements of the City's Code, including the dimensional standards of the zone district(s) in which it is located, as modified by any variance for the property.

2.            Conformance with other applicable regulations. The proposed lot line elimination conforms to any other applicable regulations and requirements including but not limited to provisions of state law, the City's Code, and any requirements set by any capital improvement plan or program, or any approved Subdivision Improvements Agreement or development agreement for the property.

3.            Compatibility with surrounding area. The proposed lot line elimination shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area.

E.            Term effect of Approval.

1.            A lot line consolidation must be recorded with the County Clerk and Recorder within ninety (90) days of approval or the approval shall be considered null and void.

2.            Lot line consolidations shall run with the land unless and until amended.

Section 14-32.    VACATION/DEDICATION OF RIGHT-OF-WAY

A.           Vacation of Right-of-Way. The vacation of right-of-way application process is used to vacate unnecessary rights-of-way and shall be in accordance with C.R.S. § 43-2-301, et seq.               

B.           Vacation of Right-of-Way Application Process.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the applicant may submit a vacation of right-of-way application.

Step 2: Vacation of Right-of-Way Application Submittal. The applicant shall submit a complete vacation of right-of-way application to the Planning Division. The application shall include:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Proof of ownership.

4.            Vacation of Right-of-Way Review Criteria Statement - Provide a written description of how the vacation request addresses the vacation of right-of-way/easement review criteria.

5.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names, addresses and mailing addresses of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interests in the property. The applicant shall certify that the report is complete and accurate.

6.            Vacation of Right of Way Plat – A certified, stamped vacation of right-of-way plat map shall be prepared by a professional land surveyor and provide the following information:

a.            Title of plat.

b.            North arrow, scale (whatever is appropriate) and date of preparation.

c.            Vicinity map.

d.            Legal description of right-of-way to be vacated.

e.            Graphic representation of right-of-way to be vacated.

f.            Dimensions, square footage/acreage of right-of-way to be vacated.

g.            Names and boundaries of adjacent subdivisions and streets.

h.            Lot and block numbers of adjacent lots and blocks.

i.             Type and location of existing structures and paved areas on the subject property.

j.             An illustration of how title in any vacated right-of-way will vest, as required by C.R.S. § 43-2-302.

Step 3: Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application (if applicable). Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the vacation of right-of-way application based on the vacation of right-of-way review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.

Step 6: Applicant Addresses to Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing staff comments; and

2.            Revised maps and other documents, as required

Step 7: Final Staff Review and Report to City Council. Staff will complete a final review of the resubmitted materials and then prepare a report to City Council explaining how the application is or is not consistent with the vacation of right of way review criteria.

Step 8: Schedule Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the City Council public hearing dates, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in the local newspaper of general circulation. Notice given shall include the application type, the date of the application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

Step 9: City Council Public Hearing and Action. The vacation of right of way application shall be presented to the City Council for first reading of an Ordinance. Upon approval, the City Council shall set the Ordinance for public hearing.  At the public hearing, the City Council shall review the vacation of right of way application based on the vacation of right of way review criteria and finally approve, conditionally approve or deny the vacation of right of way.  If approved, the City Council will adopt the Ordinance upon second reading.  The vacation of right of way will become effective ten (10) days following the approval of Ordinance.  

Step 10: Post Approval Actions. Ten (10) days after the adoption of the Ordinance approving the vacation of right of way:

1.            The applicant shall submit to the Planning Division the vacation of right of way plat digitally and three (3) original Mylars of the vacation of right of way plat

2.            The Vacation of Right of Way Plat and associated Ordinance shall be recorded by the Planning Division in the office of the County Clerk and Recorder upon the effective date of the Ordinance, subject to any conditions of approval, which shall be satisfied prior to recordation. The recording fee shall be paid by the applicant.

C.           Vacation of Right-of-Way Review Criteria.

1.            The right-of-way being vacated is not needed in the short or long term.

2.            If necessary, the right-of-way will be replaced. To replace the right-of-way the vacation application shall be accompanied by a development application which proposes a new right-of-way.

3.            The applicant bears the sole cost of relocating all public facilities or utilities within the right-of-way.

4.            The public and surrounding properties will not be negatively impacted by the vacation.

5.            No lot or other cognizable property interest shall be left without legal access to the public street system, if the vacation is approved.

6.            All current and future projected utility, access or other easement needs are preserved.

D.           Dedication of Right-of-Way. The dedication of right of way is typically handled as a part of the Major Subdivision process.  Occasionally, it is necessary to dedicate right of way to the public, outside of the Subdivision process.  This process accomplishes the dedication of right of way outside of Major Subdivision.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the applicant may submit a dedication right-of-way application.

Step 2: Dedication of Right-of-Way Application Submittal. The applicant shall submit a complete dedication of right-of-way application to the Planning Division. The application shall include:

1.            Land Use Application Form.

2.            Proof of ownership.

3.            Dedication of Right-of-Way Review Criteria Statement - Provide a written description of how the dedication request addresses the dedication of right-of-way review criteria.

4.            Interested Property Ownership Report.  Provide a current list (not more than thirty (30) day old) of the names, addresses and mailing addresses of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interest in the property.  The applicant shall certify that the report is complete and accurate

5.            Dedication of Right of Way Plat – A certified, stamped dedication of right-of-way plat map shall be prepared by a professional land surveyor and provide the following information:

a.            Title of plat.

b.             North arrow, scale (whatever is appropriate) and date of preparation.

c.          Vicinity map.

d.            Legal description of right-of-way to be dedicated.

e.           Graphic representation of right-of-way to be dedication.

f.            Dimensions, square footage/acreage of right-of-way to be dedication.

g.            Names and boundaries of adjacent subdivisions and streets.

h.            Lot and block numbers of adjacent lots and blocks.

i.            Type and location of existing structures and paved areas on the subject property.

Step 3: Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application (if applicable). Staff shall circulate the complete application to referral individuals, mineral interest owners, if applicable, and agencies (collectively, “Referral Parties”). As part of the review process, Referral Parties are notified and have the opportunity to respond in writing. This referral period is 21 days. Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a review of the dedication of right-of-way based on the dedication of right-of-way review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward the report to the applicant.

Step 6: Applicant Addresses to Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing staff comments; and

2.            Revised maps and other documents, if required

Step 7: Final Staff Review and Report to City Council. Staff will complete a final review of the resubmitted materials and then prepare a report to City Council explaining how the application is or is not consistent with the dedication of right of way review criteria.

Step 8: Schedule Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the City Council public hearing dates, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in a local newspaper of general circulation. Notice given shall include the application type, the date of the application, the date of the hearing, and such other information as may be required to fully apprise the public of the nature of the application.

Step 9: City Council Public Hearing and Action. The dedication of right of way application shall be presented to the City Council for first reading of an Ordinance. Upon approval, the City Council shall set the Ordinance for public hearing.  At the public hearing, the City Council shall review the dedication of right of way application based on the dedication of right of way review criteria and finally approve, conditionally approve or deny the dedication of right of way.  If approved, the City Council will adopt the Ordinance upon second reading.  The dedication of right of way will become effective ten (10) days following the approval of Ordinance.    

Step 10: Post Approval Actions. Within ten (10) days after a final decision on the application:

1.            The applicant shall submit to the Planning Division the dedication of right of way plat digitally and three (3) original Mylars of the dedication of right of way plat

2.            The Dedication of Right of Way Plat and associated Ordinance shall be recorded by the Planning Division in the office of the County Clerk and Recorder upon the effective date of the Ordinance, subject to any conditions of approval, which shall be satisfied prior to recordation. The recording fee shall be paid by the applicant

E.            Dedication of Right-of-Way Review Criteria.

1.            The right-of-way being dedicated is needed in the short or long term.

2.            The public and surrounding properties will not be negatively impacted by the dedication.

3.            No lot or other cognizable property interest shall be left without legal access to the public street system, if the dedication is approved.

4.            All current and future projected utility, access or other easement needs are accommodated.

Section 14-33.    PUBLIC LAND DEDICATION

In order to provide for parks, open space, schools, and other public facilities necessary to serve the residents and employees of new development, the City of Trinidad requires land dedication for these purposes in any new subdivision or resubdivision.

A.           Land Dedication. The subdivider shall dedicate public sites for open space or other civic purposes in accordance with the following requirements:

1.            For residential development, not less than 15% of the land area of the tract being subdivided.

2.            For non-residential development, not less than 8% of the land area of the tract being subdivided.

3.            The amount of land on which the dedication is based shall be exclusive of public rights-of-way for public streets, drainage easements, and utility easements. Land dedication for public use must be suitable for the type of development and/or use for which it is intended. If land is dedicated to the City, it shall be free of all liens and encumbrances.

B.           Payment-in-lieu of land dedication. A subdivider may request to pay cash-in-lieu of land dedication. The City Council has the sole and absolute discretion to grant such a request, in whole or in part, upon a finding that the required dedication of land would not be in the best interests of the City or the eligible agencies that may be the recipients of the land. Cash in lieu of land dedication shall be based on the fair market value of the unimproved land that would have to be dedicated under the provisions of Section A of this Section. The fair market value shall be determined as follows:

1.            The fair market value as shown in an appraisal by a certified MAI appraiser obtained by the subdivider and prepared within not more than thirty (30) days of submittal of the application.  Any costs of the appraisal shall be borne by the subdivider.

C.           Determination of Land Dedication or Payment in Lieu Option. In determining which of the above options to implement, the City Council shall consider the following:

1.            The size of the development and its adequacy for accommodating a suitable public use site;

2.            The community facility aspects of the Trinidad Comprehensive Plan and the plans of the eligible districts or agencies;

3.            Existing parks and other public uses in the area;

4.            The topography, geology and location of land in the subdivision available for dedication;

5.            The needs generated by the development; and

6.            Other appropriate factors.

D.           Impact Analysis Option. In the event a subdivider proposes a lower percentage of land to be dedicated than required by this Section, the subdivider shall prepare, or have prepared, a Public Facility Impact Analysis. The Analysis shall be prepared by a person qualified and with relevant experience necessary to conduct the Public Facility Impact Analysis and shall include the following:

1.            For residential development:

a.            The number of single family and multi-family dwelling units, the projected public school enrollment per unit (K-12), and the amount of land necessary to meet the demand, based on data supplied by the School District.

b.            The estimated acres of park and open space land necessary to meet the demands of the subdivision residents based on National Park and Recreation Association standards for parks and open space, as amended or revised, or other equivalent standards as may be approved by the Planning, Zoning and Variance Commission.

2.            For non-residential development, the estimated acres of park and open space land necessary to meet the demands created by the development based on National Park and Recreation Association standards for parks and open space, as amended or revised, or other equivalent standards as may be approved by the Planning, Zoning and Variance Commission.

E.            Acceptance of Land Dedication. Land dedication for public purposes shall be considered accepted upon the signing of the final plat by the Mayor of the City and recording of the deed required by Section F.

F.            Conveyance of Dedicated Land or Payment in Lieu.

1.            The land dedicated for public purposes shall be conveyed to the City by warranty deed. Upon request by the School District or other eligible public agency, for conveyance of land to the eligible agency, and upon a finding by the City Council that the land will be used for the purposes intended at the time of dedication, the City will convey title of the land or portion thereof to the eligible agency.

2.            When the Payment of Lieu option is permitted, the funds shall be paid to the City of Trinidad at the time of final plat approval. Upon request by the School District or other eligible public agency for conveyance of funds, and upon a finding by the City Council that the funds will be used for the purposes intended at the time of dedication, the City will convey the funds or portion thereof to the eligible agency.

Section 14-34.    SUBDIVISION IMPROVEMENTS

A.           Agreements and Improvements. A Subdivision Improvements Agreement (SIA) stating the developer agrees to construct any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgment of the City Council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications will be required. No subdivision plat shall be signed by the City or recorded at the office of the County Clerk, and no building permit shall be issued for development until an SIA between the City and the developer has been fully-executed, by all parties thereto. Such agreement shall include a list of all required improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the City Council to ensure that all improvements will be completed in a timely, quality and cost-effective manner. An SIA shall run with and be a burden upon the land described in the agreement.

B.           Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents may also be required.

Section 14-35.    RESERVED


Section 14-36.    RESERVED


Section 14-37.    RESERVED


Section 14-38.    RESERVED

ARTICLE 4.          ZONING ORDINANCE

Section 14-39.    ESTABLISHMENT OF ZONE DISTRICTS

A.           In order to carry out the purpose of this Article, the City of Trinidad, is hereby divided into and twelve (12) districts as follows:

1.            O - Open - Areas which are used for open space, parks, major public areas or vacant land. 

2.            RE - Residential Estate - Land used for very low-density single-family residential development intended to encourage the preservation of open space, natural features, and agricultural land in conjunction with the clustering of single-family detached dwellings. Residential estate  development has larger lots in a more rural environment with no sidewalks, streetlights and  spectacular views.

3.            LDR - Low Density Residential – Land intended for single-family residential purposes. The LDR district has connected streets, and access to public uses such as parks, open spaces, and schools. Neighborhood attributes to preserve include tree lined streets, historic streetlights and very strong historic character.

4.            MDR - Medium Density Residential - The MDR district is intended primarily for single-family detached dwellings, duplexes, triplex, or townhouse conformity. The district have connected streets, and access to public uses such as parks, open spaces, and schools. Medium density residential neighborhood have a variation in housing types and densities.

5.            HDR - High Density Residential - Land used for a broad range of residential use types, including primarily multifamily residential development at high densities. The district is intended for locations close to commercial and mixed-use areas, near downtown, and may serve as a transition between lower-density residential districts and commercial or other nonresidential areas. The district has connected streets, and access to public uses such as parks, open spaces, and schools. High density residential neighborhoods consist of duplexes to apartment buildings that range in height from two to three-story. Generally, this type of housing is located around community amenities and accommodated in historic buildings on the second and third stories within the downtown core.

6.            MHR - Mobile Home Residential - The purpose of the MHR district is to accommodate single family residential communities designed for mobile homes, tiny house dwellings and  to require those areas to incorporate high quality planning and design so to have a positive impact on the neighborhood.

7.            NS - Neighborhood Service - Areas which are served by convenience types of retail and service establishments, primarily on a neighborhood basis and where these uses are compatible with housing to create a mixed use environment.

8.            CC - Community Commercial - The areas of most intensive commercial use in the community.

9.            I - Industrial - All areas of industrial use which accommodate the scientific research, storage of products or raw materials, processing, assembling, manufacturing and fabricating enterprises. This district may also accommodate certain commercial uses.

10.         PUD - Planned Unit Development - Development of an area by means of a design technique which allows flexibility and imagination in the types of uses and arrangements of facilities in an optimum manner that promotes high quality development that is in harmony with adjacent properties.

11.         HP – Corazon de Trinidad Historic Preservation - The area of Trinidad which has been identified for historic preservation. The area is subject to special design requirements and use restrictions in order to preserve its historic character.

12.         TMU – Tourist Mixed Use - The TMU district provides lands to accommodate a mixture of uses related to retail businesses to serve the traveling and recreation oriented public. Mixed use can include, but is not limited to, mixed use buildings with retail or office uses on the lower floors and residential above or uses which mix commercial and residential.

Section 14-40.    ZONING MAP AND BOUNDARIES

A.           Zoning Map. The location of the zone districts hereby established are shown on the map entitled "Zone District Map of Trinidad Colorado," dated [insert date] and subsequently amended, and as may be amended additionally  thereafter under the provisions of this Article. Such map along with any explanatory matter thereof, is hereby made a part of this Article as if the same were set forth in full herein. In determining the boundaries of zone districts shown on the Zoning Map, the following rules shall apply:

1.            Unless otherwise indicated, the zone boundaries are the center lines of rights-of-way for streets, roads, highways, alleys, ditches, and railroads or such lines extended.

2.            Where the property is unsubdivided property, zone district boundaries shall be determined by use of the scale on the Zoning Map. A legal description acceptable to the Planning, Zoning, and Variance Commission shall be made available if a controversy arises concerning zone district boundaries.

3.            Where a district boundary is shown by a specific dimension as being located at any given distance from any right-of-way line, such specific dimension shall govern.

4.            The Planning, Zoning, and Variance Commission, upon application or upon its own motion, shall determine boundary location in cases where uncertainty exists, by application of the rules of this Section.

Section 14-41.    GENERAL DISTRICT REGULATIONS

A.           No structure or land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the zone district in which it is located, and the provisions of this Article shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and general welfare.

B.           No building permit shall be approved, and no structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, moved or altered unless the subject lot, area or tract is officially included within a zone district as set forth in this Article.

C.           No part of a lot, open area, or off-street parking area designated for any use or uses or structure or structures for the purpose of complying with the provisions of these regulations shall be designated as a part of a lot similarly required for another use or uses or structure.

D.           Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one primary building on one lot except permitted accessory structures and lots upon which more than one primary building lawfully exist as of May 31, 2019.

E.            The listing of any use as being permitted in any particular district shall be deemed to be an exclusion of such use from any other district, unless such use is specifically permitted in another district under the language set forth in the use regulations.

F.            Regulations for the districts are set forth in this Article, provided, however, that exceptions to any such regulations or such additional regulations as are set forth in other Sections hereof shall apply; provided, further that the Planning, Zoning, and Variance Commission may, under certain conditions, vary these regulations, as set forth in Section 14-48 Variances and Section 14-43 Conditional Use Permits of this Article. Certain regulations applicable to pre-established uses that do not conform to the provisions contained herein are set forth in Section 14-50 Non-Conforming Uses and Structures of this Article.

Section 14-42.    USES BY RIGHT AND CONDITIONAL USES

Each zone district provides for use characteristics peculiar to it; thus, all allowable uses require controls complementary thereto. Two (2) groups of uses are provided for each district as follows:

A.           Uses Allowed by Right - Uses by right as set forth in a Zone district. Such uses are allowed without further application or administrative review concerning the use itself. All other requirements of this Code and other applicable law that may govern the use, including by way of illustration only and not of limitation, site plan or platting requirements, development approvals, business licensing and building permits, continue to apply to uses by right.

B.           Conditional Uses - Uses specifically allowed within a zone district provided certain conditions are met by the property owner. All applications for a conditional use permit shall demonstrate compliance with all applicable criteria, standards and use regulation set forth in Article 4, Zoning Ordinance. Approval of a conditional use permit shall not constitute a change in the zoning district and shall be granted only for the specific use approved at the specific site.

C.           Table of Allowed Uses – Table 14-42 lists the uses allowed within all zoning districts. Development or use of a property for any other use not specifically allowed in Table 14-42, and without appropriate approval, is prohibited. Where there is conflict between Table 14-42 and any other standard in this Code, Table 14-42 shall apply. (Table 14-42, amended Ord. 3021, eff. 5-28-21)

Table 14-42: Use Table*

P=Permitted Use by Right C=Conditional Use Blank=Prohibited

Use Category 

Use Type

O

RE

LDR

MDR

HDR

MHR

NS

CC

I

HP

TMU

Use Specific Standards  

*The land uses and activities are classified first by general “use categories,” then by specific “use type” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and typical site conditions. This system provides a basis for assigning present and future land uses into appropriate zoning districts. The use categories are merely an indexing tool and are not regulatory. The far right-hand column, “use-specific standards,” cross-references to additional requirements that shall be met for that specific use type.

RESIDENTIAL USES

Household Living

Single family detached

 

P

P

P

 

 

 P 

 


P

Sec. 14-67

Single family attached

 

 

 

P

P

 

P


 

P

Sec. 14-67

Two-family dwellings

 

 

 

P

P

 

P


 

P

Sec. 14-67

 Multifamily dwelling

 

 

 

P

 

P

P


P

P

Sec. 14-67; In HP - Permitted above street level; In I - dwelling unit conditional provided a use permitted by right is taking place therein.

 Mobile Homes and Tiny homes

 

 

 

 

 

P

 

 


 

 

Sec. 14-49.1

Live-work

 

 C

 C

C

C

 

P

P

C

P

P

Sec. 14-67

Sec. 14-49.1; In I – dwelling unit conditional provided a use permitted by right is taking place therein.

Group Living

Assisted Living Facility

 

 

 

C

C


 

 

 

C

C

Sec. 14-67

Continuum of care or nursing home

 

 

 

C


 

 

 

C

C

Sec. 14-67

Group home

 

 

P

P

P

 

 

 

 

 

 


Rehabilitation Center 

 

 

 

C

C


P

 

P

P

Sec. 14-67

COMMERCIAL USES

Agriculture or Animal Related Services

Community Garden

P

P

P

P

P

P

P

P


P

P

 

Kennel

 

 

 

 

 

 

 

P

P

 

C

Sec. 14-49.3

Ranching, Farming or General Agriculture

P

C

 

 

 

 

 

 

 C

 

 

With the exception of feed lots and animal sale barns 

Veterinary hospital or clinic

 

 

 

 

 

 

P

P

P

C

C

 

Domestic Animals

 

P

P

P

P

P

P

 P 

P

P

Provided such animals are household pets and kennels are not maintained. 

Farm Animals 

P

P

 

 

 

 

 

 

 

 

P


Adult Entertainment Establishments

Sexually-Oriented Business

 

 

 

 

 

 

 

 

C

 

 

 

Hospitality

Camping and Lodges

 

 

 

 

C

 

 

 

 

P

 

Hotels and motels

 

 

 

 

 

 

 

P

P

P

P

In HP - Hotel and other lodging establishments small (1-16 rooms) are permitted while large (17+ rooms are conditional.  

Hospitality

Resorts/Dude Ranches

 

 

 

 

 

 

 

P

P

 

P

Required 1st floor lobbies along property frontage

Bed and Breakfast Inns

 

C

C

C

P

 

P

P


P

P

Sec. 14-49.4 and Sec. 14-49.6

Riding Stables

P

 

 

 

 

 

 

C

P

 

P

 

Short-term rentals

 

C

C

C

C

C

C

P


P

P

Sec. 14.49.5

Offices and Professional Services

Business, professional and semi-professional offices

 

 

 

 

 

 

P

P

P

P

P

 

Mortuary or embalming establishment or school

 

 

 

 

 

 

C

P

C

 

Sec. 14-49.9

Funeral home

 

 

 

 

 

 

P

P

C

 

Sec. 14-49.9

Food and Beverage

Bar, or tavern 

 

 

 C

C

C

 

P

P

C

P

P

Sec. 14-49.6

Drive through facilities

 

 

 

 

 

 

C

P

P

 

P


Food and beverage process

 

 

 

 

 

 

 

 

P

 

 

Sec. 14-49.9

Microbrewery, distillery, or winery

 

 

 

C

C

 

C

P

P

C

P

Sec. 14-49.8 and Sec. 14-49.5

Nightclub








P

P

P

P


Brewery

 

 

 

 

 

 

 

P

P

P

P

Sec. 14-49.9

Restaurant

 

 

 

P

P

 

C

P

P

P

P

Sec. 14-49.6

Retail and Service Establishments

Retail and Service Establishments

Auto parts supply store

 

 

 

 

 

 

 

P

P

 C

 

 

Art galleries 

 

 

 

P

P

 

P

P

P

P

P

 

Art studios

 

 

 

P

P

 

C

P

P

P

P


Personal service

 

 

 

 

 

 

P

P

P

P

P


Retail sales

 

 

 

 

 

 

P

P

P

P

P


Convenience Stores

 

 

 

 

 

 

P

P

P

P

P

 

Day nursery or child-care center

 

 

C

C

 C

P

P

P

P

P

 

Antique Shops 

 

 

 

 

P

P

P

P

P

 

Medical and Retail Marijuana - including walk-up and drive through facilities

 

 

 

 

 

 

 

C

C

C



Vehicular and Transportation

Airport


 

 

 

 

 

 


P

 

 


Vehicle sales

 

 

 

 

 

 

 

P

P

C

In HP - prohibited above street level. 

Automobile service

 

 

 

 

 

 

 

P

P

P

C


Automobile fueling 

 

 

 

 

 

 

C

P

P

C

C


Private parking lots

 

 

 

 

 

 

 

C

P

C

C

In HP - parking facilities (not ancillary to a given structure) surface and deck is Conditional.

Public parking lots


 

 

 

 

 

P

P

P

P

P

In HP - parking facilities (not ancillary to a given structure) surface and deck is conditional.

Transit facility

 

 

 

 

 

 


P

P

C

P


INDUSTRIAL USES

General Industrial

Service and repair garage

 

 

 

 

 

 



P

 

 

Sec. 14-49.9

Builders supply yards, sale of cement and concrete products, and lumber yards

 

 

 

 

 

 

 

C

P

 

 

Sec. 14-49.9

General Industrial

Manufacturing, compounding

 

 

 

 

 

 

 

 

P

 

 

Sec. 14-49.9

Scientific Research

 

 

 

 

 

 

 

C

P

 

 

Sec. 14-49.9

Storage of Materials

 

 

 

 

 

 

 

 

P

 

 

Sec. 14-49.9

Fabrication, assembling, disassembling, processing or treatment of products

 

 

 

 

 

 

 

C

P

C

 

Sec. 14-49.9; In CC and HP - incidental to retail sales from the premises is permitted, provided that not more than 25% of floor area occupied by such business is used for manufacturing, processing, assembling, disassembling, treatment, installation and repair of products.

Storage and warehousing

Wholesale distribution or warehouse

 

 

 

 

 

 

 

P

P

 

 

Sec. 14-49.9; In CC - wholesaling of products provided that storage space does not exceed 1,500 sq. ft. of floor area.

Wholesale Establishment less than or equal to 1,500 sq. ft. of floor area

 

 

 

 

 

 

 

 

P

C

 

Sec. 14-49.9; Above street level in HP it is Conditional. 

Wholesale Establishment greater than 1,500 sq. ft. of floor area

 

 

 

 

 

 

 

 

P


 

Sec. 14-49.9

Storage and warehousing

Mini-warehouse/Personal storage

 

 

 

 

C

 

 

C

P

 

 

Sec. 14-49.8

Energy and utilities

Non-City-owned electric substations and gas regulator stations

C

C

C

C

C

 

C

C

C

 


Wireless Telecommunications Facility

New Facility

 

 

 

 

 

 

C

C

C

C

C

Sec. 14-49.7

Substantial Change







C

C

C

C

C

Eligible Facilities Request







P

P

P

P

P

PUBLIC, INSTITUTIONAL, AND CIVIC

Community and Cultural Facilities

Cemetery and mausoleum

C

 

C

C

 

 

 

 

 

 

 

 

Church or place of worship

 

C

C

C

C

C

C

P

 

C

P

 

Club or lodge 

 

 

 

 

 

 

P

P

 

P

P

 

Community service agency

 

 

 

 

 

 

C

P

 

P

P

 

Government offices or services

 

 

 

P

P

 

P

P

P

P

P

 

Public uses

C

 

 

C

C

 

C

P

P

P

P

 

Library


 

 P

P

P

P

P

P

 

P

P


Museum 


 

 

 

 

 

P

P

P

P

P


Community and Cultural Facilities

Theater or Performing Art Center (small - 1-149 seats)

 

 

 

 

 

 

P

 C

P

P


Theater or Performing Art Center (large - 150 + seats)

 

 

 

 

 

 

C

P

P

P



Bowling alley







P

P

P

P

P


Recreation and Entertainment

Golf course

P

 

C

C

C

C

 

P

 

 

P

 

Indoor recreation or entertainment

 

 

 

 

 

 

P

P

P

P

P

 

Outdoor entertainment facility

 

 

 

 

 

 

C

C

C

P

 

Outdoor recreation facility

 

 

 

 

 

 

C

C

C

P

 

Recreation and Entertainment

Park and playground

P

P

P

P

P

P

P

P

P

P

P

 

Education facilities

College or university

 

 

 

 

 

 

C

C

C

C

P

 

Cultural exhibits

 

 

 

 

 

 

 P

P

 

P

P

 

Day nursery or child-care center



C

C

C

C

P

P

P

P

P


Elementary or secondary school

 

C

C

C

C

C

P

P

 

C

P

 

Trade or vocational school

 

 

 

 

 

 

P

P

P

C

P

 

Healthcare facilities

Medical or dental clinic, office, or laboratory

 

 

 C

C

C

C

P

P

P

P

P


Hospital

C

 

 

 

 

 

 P

C

C

 

 

ACCESSORY USES AND STRUCTURES

 

Accessory dwelling unit

 

P

P

P

P

 

P



P

P

Sec. 14-49.9.1(A)

Home occupation

 

P

P

P

P

P

P



P

P

Sec. 14.49.9.1(B); 14-89, 14-90, 14-157

OTHER

 

Uses Not Specified

C

C

C

C

C

C

C

C

C

C

C

 

D. Residential District Dimensional Standards.

Table 14-42.A: Residential District Dimensional Standards

 

RE

LDR

MDR 

HDR

MHR 

Project and Site Requirements

Lot area, min. (sf)

15,000

6,000

5,000 / duplex;  10,000 if 2 duplex units are one lot; 1,500 for single-family attached dwellings

2,500; 1,500 for duplex & single-family attached dwellings; 6,000 for apartments and condos 


Lot frontage, min. (ft)

75'

50'

40' SFA and 75’ for duplex

25'

~~

Maximum Density



10 DU/Acre

25 DU/Acre

7 DU/acre 

Yard Requirements

Front setback, min. (ft) [6] [7]

25'

25'

15'

15'

15'

Side setback, min. (ft)

10'

5'

5'

5'

5' Interior [2]

Rear setback, min. (ft)

10'

10'

10'

10'

8' [3]

Rear setback, min. (ft), accessory structures[1]

10'

5'

5'

5'

5'

Building coverage, max. 

~~

60%

55%

75%

~~

Required landscaping, min. 

~~

25%

20%

15%

25%[5]

Building separation between units

~~

~~

~~

~~

10'

Building Requirements

Building height, max. (ft)

2 1/2 stories or 25'

2 1/2 stories or 25'

2 1/2 stories or 25'

3 1/2 stories or 35'

 2 1/2 stories or 25''[4]

Floor area, min (sf)

800 sf/DU[1]

1 bdrm DU-650 sf 

2 bdrm DU- 800 sf 

3 bdrm DU-900 sf 

4 or more bdrms DU-1,000 sf 

1 bdrm DU-650 sf 

2 bdrm DU- 800 sf 

3 bdrm DU-900 sf 

4 or more bdrms DU-1,000 sf 

 

400 sf per 1 MF DU 

~~

Notes:

[1] No rear setback required when alley is present.

[2] 15' abutting a street; For mobile home courts fronting on a State or Federal Highway, the required setback shall be 50'.

[3] 25' rear setback abutting a street.

[4] Common area structures maximum height is 30'.

[5] The minimum amount of outdoor common area incorporated into any project shall be 25% of the gross acreage.

[6] On corner lots, all sides of the lot with street frontage shall meet the applicable minimum front setback.

[7] Where lots have double frontage, the required front yards shall be provided on both streets.


The following additional height regulations shall apply to all zone districts as set forth in this Article:


(1) Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances may exceed the maximum height regulations of the zone district in which they are located provided the maximum height for the use under question is set by the Commission, but in no instance shall such use exceed one hundred feet (100') in height.


(2)  Hospitals, institutions or schools, when permitted in a zone district, may exceed the maximum height regulations of the zone district in which they are located but in no instance shall such use exceed forty-five feet (45') in height.


E. Mixed-Use, Commercial and Other Nonresidential District Dimensional Standards.

Table 14-42.B: Mixed-Use, Commercial and Other Nonresidential District Dimensional Standards

 

NS

CC

I

HP

O

TMU

Project and Site Requirements

 

 

 

 

 

 

Lot area, min. (sf)

~~

~~

~~

2,500; No min for commercial uses as set forth in the NS and CC zone districts

½ acre for all uses 

permitted by right

1 acre for conditional 

uses unless otherwise

 specified by PZVC

16,000

Lot frontage, min (feet)

~~

~~

~~

25'; No min for commercial uses as set forth in the NS and CC zone districts

100’ for each principal

structure

75'

Yard Requirements 




 

 


Front setback, min. (ft)

25'[1]

~~

~~

No min for multi-family or non residential uses in HDR, NS or CC zone districts, except for motor fuel pump

50' for all principal structures

25'

Side setback, min (ft)

~~

~~

~~

No minimum for multi-family or commercial uses set forth in the HDR, NS or CC zone districts; 10' for SFR

10'

10'

Rear setback, min. (ft)

~~

~~

~~

No minimum for multi-family or commercial uses set forth in the HDR, NS or CC zone districts; 10' for SFR

10' for principal and accessory structures

10'

Rear setback, accessory structure, min. (ft)

0

0

0

0

0

0

Building coverage, max. 

85%

85%

80%

75%

~~

85%

Required landscaping, min.

15%

15%

10%

15%

~~

15%

Building Requirements




 

 

 

Building height, max. (ft)

3 1/2 stories or 35' for Residential

5 stories or 50'

5 stories or 50'

3 1/2 stories or 35' for Residential; 5 stories or 50' for commercial

2 1/2 stories or 25' - No limit for ag blds

3 1/2 stories or 35' for Residential; 5 stories or 50' for commercial

Floor area, min (sf)

~~

~~

~~

No min for commercial uses

800 sq per structure

No min for commercial uses

Notes:
[1] Match adjacent structure.



Section 14-43.    CONDITIONAL USE PERMITS (CUP)

A.           Conditional Use Permit (CUP) Purpose. In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Specific conditional uses for each zone district are listed in the Table 14-42 Use Table.

B.           Conditional Use Permit (CUP) Review Process.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Code Section 14-24 is required before the City will accept a conditional use permit application for processing.

Step 2: Conditional Use Permit Application Submittal. The applicant shall submit a complete conditional use application to the Planning Division that includes the following items:

1.            Land Use Application Form.

2.            Development Review fee.

3.            Completed Conditional Use Permit Review Process Public Information Guide Checklist.

4.            Proof of Ownership.

5.            Conditional Use Permit Review Criteria Statement. Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all conditional use review criteria have been satisfied.

6.            Conditional Use Map. A scaled drawing showing the proposed development of the site, including topography, existing and proposed building locations, parking, traffic circulation, usable open space, landscaped area and existing and proposed utilities and drainage features.

7.            Preliminary Building Plans and Elevations. These plans and elevations must indicate the dimensions, general appearance, and scale of all buildings.

8.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names, addresses and mailing addresses of property owners, mineral interest owners of record, mineral and oil and gas lessees for the property and ditch companies with legal interests in the property. The applicant shall certify that the report is complete and accurate.

9.            Any other information deemed necessary by the Staff to make a fully informed and deliberate review of the conditional use permit.

Step 3: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

Step 4: Refer Application. Staff shall circulate the complete application to referral individuals and agencies (collectively, “Referral Parties”.)  As part of the review process, Referral Parties are notified and have the opportunity to respond in writing.  This referral period is 21 days.  Failure of a Referral Party to respond within the prescribed time period shall indicate consent to the contents of the application.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the conditional use permit application based on the conditional use review criteria, and referral comments received. Staff will then prepare a report and forward this report to the applicant.

Step 6: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:

1.            Letter addressing Staff comments; and

2.            Revised conditional use map and other documents, as required.

Step 7: Final Staff Review and Report to Planning, Zoning, and Variance Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning, Zoning, and Variance Commission explaining how the application is or is not consistent with the conditional use permit criteria.

Step 8: Schedule Conditional Use Permit Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the Planning, Zoning, and Variance Commission hearing date, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in the local newspaper of general circulation. Notice shall include application type, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application.

Step 9: Planning, Zoning, and Variance Commission Action. The conditional use permit application and staff report shall be presented to the Commission for its review and action. The applicant and/or applicant agent must be present at the public hearing to address any questions by the Commission or members of the public. The Commission may approve, conditionally approve or deny the conditional use permit based on the conditional use review criteria. A conditional use permit is revocable, and may be granted for a limited time period, and may be granted subject to conditions.

Step 10: Notice of Decision. After the conclusion of the hearing, the Commission shall render its decision in writing. The applicant shall be issued a copy of the written decision of the Commission as soon as practicable after the decision has been rendered. Unless such decision is appealed to the City Council in accordance with Code Section 14-113, the decision shall become final when the appeal period lapses.

Step 11: Post Approval Actions. All CUP conditions shall be memorialized in an agreement (“CUP Agreement”).

1.            Certificate of Occupancy. Under no circumstance shall a Certificate of Occupancy be issued by the Building Official for any structures associated with the CUP until the CUP Agreement has been executed and recorded, and any prerequisite conditions have been met. Exception for multiple structures under one CUP: A Certificate of Occupancy may be issued for each structure within the CUP once all conditions specific to an individual structure have been met.

2.            Expiration of a Conditional Use Permit.  All CUP approvals shall remain in effect for a specified period of time with the following exceptions:

a.            The conditional use is not operational pursuant to the CUP approval within two years. 

b.            A business license has not been issued for the use, or a building permit has not been issued for the project if one is required, within two (2) years from the date of conditional use approval, the conditional use approval shall expire.

c.            All conditions of approval have not been addressed within two (2) years from the date of conditional use approval. The CUP operator may request up to three (3) one year extensions 

d.            Any conditional use discontinued for at least one year or replaced by another use of land shall immediately expire.

3.            Transfer of a Conditional Use Permit

a.            Before a conditional use can be transferred to a new owner, the new owner must execute a CUP Agreement in substantially the same form as the original CUP Agreement, as approved by the City. No business license shall be issued for a transferred CUP until a new CUP Agreement has been executed and recorded.

C.           Conditional Use Permit Periodic Review Procedures. Each CUP shall be reviewed by the Planning Division on an annual basis to ensure compliance with any imposed conditions and this Code.  Once a CUP has been successfully reviewed three (3) times without any failures in compliance with the associated conditions, the Director may waive the annual review and instead review the CUP every three (3) years.

Step 1: Administrative Review. The Planning Division shall review CUPs at an interval not less than once per year, for compliance with the Code and any imposed condition(s). The Director or her/his designee may renew a CUP upon a finding that all requirements and conditions are met; otherwise, the Director or her/his designee shall refer the CUP renewal to the Planning, Zoning, and Variance Commission.

Step 2: Notice to CUP Operator. The City shall provide written notice of periodic review to the CUP operator by certified mail at the start of the thirty (30)-day review period.

Step 3: Periodic Review Application Submittal. Within ten (10) days of the date of notice, the CUP operator must provide the following materials:

1.            Narrative identifying compliance with all conditions(s) and Code requirement

2.            Current site plan

3.            Current floor plan

Step 4: Administrative Action. At the conclusion of periodic review by the Director or her/his designee, the Director shall render a written decision to renew the CUP or to refer it to the Commission. The CUP operator shall be issued a copy of the written decision of the Director as soon as practicable after the decision has been rendered. Unless such decision is sent to Planning, Zoning, and Variance Commission as outlined in this Section or appealed to the City Council in accordance with Code Section 14-113, the decision shall become final when the appeals period lapses.

Step 5: Schedule CUP Review Hearing and Public Notification Process. If the Director or her/his designee refers the application to the Planning, Zoning, and Variance Commission for consideration, the City shall provide notice of the public hearing to abutting property owners by certified mail and publish the public notice in the local newspaper of general circulation at least ten (10) days prior to the hearing date.

Step 6: Planning, Zoning, and Variance Commission Action. The Commission shall render its decision in writing after the hearing is concluded. The Commission may renew, suspend, revoke and/or impose additional or new conditions on the CUP. The applicant shall be issued a copy of the written decision as soon as practicable after the decision has been rendered. Unless the decision is appealed to the City Council in accordance with Code Section 14-113, the decision shall become final when the appeals period lapses.

D.           Conditional Use Permit (CUP) Application Review Criteria. A conditional use permit application is subject to the following approval criteria. It is the applicant’s burden to demonstrate, by a preponderance of the evidence, that each of the following criteria is satisfied by the application:

1.            The conditional use will satisfy all applicable provisions of the Code.

2.            The conditional use will conform with or further the goals and strategies set forth in the Comprehensive Plan.

3.            The conditional use will be adequately served with public utilities, services, and facilities (i.e. water, wastewater, electric, gas, schools, street system, fire protection, public transit, storm drainage, solid waste collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

4.            The conditional use will not substantially alter the basic character of the district.

5.            The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

6.            All applicable permits and approvals from other agencies, entities or jurisdictions have been or will be obtained.

7.            Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The application shall address the following potential negative impacts, at a minimum:

a.            Traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, parking, loading/servicing, and removal of snow from the streets and parking areas;

b.            Activity levels;

c.            Light;

d.            Noise;

e.            Vibrations;

f.            Smoke;

g.            Dust;

h.            Odor;

i.             Heat;

j.             Glare;

k.            Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses;

l.             Hours of operation; and

m.          Erosion control

Section 14-44.    EXPANSION OF THE LIST OF PERMITTED USES

A.           Upon application or on its own initiative, the City Council may, by ordinance, add to the uses listed for a zone district any other similar use which conforms to the conditions set forth in the following special findings:

1.            Such use is appropriate to the general physical and environmental character of the district to which it is added.

2.            Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added.

3.            Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added.

4.            Such use is compatible with the uses existing and permitted in the district to which it is added and will not adversely affect the Historic Preservation District.

B.           When any use has been added to the list of permitted uses in any district in accordance with this Section, such use shall be deemed to be listed in the appropriate section of this Article and shall be added thereto at the time of adoption.

Section 14-45.    ADMINISTRATIVE ADJUSTMENTS

A.           Applicability.

1.            This Section authorizes the Director to make administrative adjustments to those development standards listed below as part of other development approvals and applications under this Code.

2.            Administrative adjustments may only be used to adjust development standards on a single lot or two adjacent lots to address unique site constraints.

Table 14-45: Administrative Adjustments

Ordinance Standard

Amount of Variation Permitted from Ordinance Standard

All Permits and Approvals

Building setbacks

25%

Maximum lot coverage

10%

Maximum building height

15% in Residential districts; 25% in other districts

Maximum size of ADUs

10%

Roof PitchReduction in roof pitch that is similar and complementary to or compatible with the principal building

Signs

Maximum total sign area

10%

Maximum number of signs

1 additional sign

Sign setbacks

15%

Existing Single-Family Property

Setbacks

25%

Minimum lot size

10%

Commercial, NS, HP, Tourist Mixed Use Properties

Setbacks

10%

Redevelopment

The minimum amount needed to allow redevelopment of the property given the location of lawfully existing buildings and structures that will remain after redevelopment.

B.           Procedure.

There is no separate procedure for an Administrative Adjustment. Instead, applicants under Site Plans or Subdivision applications may include a request for an Administrative Adjustment with those applications.

C.           Criteria for Approval.

1.            The adjustment allows improved site or building design elements to be incorporated that are more consistent with the surrounding context; and

2.            The adjustment will impact permitted development standards on no more than two adjacent lots; and

3.            The adjustment addresses an unusual site constraint or unusual requirement of the proposed use or building that is not common to other lots, uses, or buildings in the surrounding area; and

4.            The adjustment will have no material adverse impact on any abutting lot, or any material adverse impacts have been mitigated by conditions attached to the adjustment; and

5.            The adjustment does not violate any conditions of approval specifically applied to development of the property by the Planning, Zoning, and Variance Commission or City Council.

6.            For an adjustment to the maximum number or area of signs or sign setbacks, the adjustment will have a minimal visual effect on the surrounding neighborhood and is necessary to compensate for unusual shape or orientation of the lot or to allow sign visibility comparable to, but not exceeding, that available to nearby lots of approximately the same size and shape in the same zone district.

Section 14-46.    AMENDMENTS

A.           Authority. Amendments to the Zoning Map shall be in accordance with the statutes of the State of Colorado, with recommendation from the Commission to the City Council prior to the adoption of any such amendment.

B.           Declaration of Policy and Criteria for Rezoning.

1.            For the purposes of establishing and maintaining sound, stable and desirable development within the City of Trinidad, the rezoning of land is to be discouraged and allowed only under certain circumstances as provided hereafter. This policy is based on the opinion of the City Council that the City's zoning map is the result of a detailed and comprehensive appraisal of the City's present and future needs regarding land use allocation and, as such, should not be amended unless to correct a manifest error or because of changed or changing conditions in a particular area or the City in general.

2.            Rezoning shall only be approved if the applicant demonstrates by a preponderance of the evidence that rezoning is necessary for one or more of the following reasons:

a.            There was an error in establishing the current zoning.

b.            The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or a new approach to development; or

c.            The proposed rezoning is necessary in order to provide land for a community related use which was not contemplated at the time of development of the comprehensive plan.

3.            In addition, no rezoning shall be approved unless the applicant demonstrates by a preponderance of the evidence that each of the following criteria are met:

a.            That a change in zoning will advance a more effective use of land in harmony with the City’s comprehensive plan;

b.            The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood; and

c.            Public facilities and services are available to adequately serve the subject property while maintaining an adequate level of service to existing development.

4.            These standards do not apply to a legislative rezoning of the City’s zoning map.

C.           Procedure for Amendments in General.

1.            Amendments to Zoning Regulations. The City Council may, from time to time, on its own motion, on petition of an interested person, or by the recommendation of the Commission, amend, supplement or repeal the regulations and provisions of this Article, following the procedure (at least one public hearing) required by the Colorado Revised Statutes.

D.           Amendments to the Official Zoning Map.

1.            Planning, Zoning, and Variance Commission Advisory Report. Any proposed amendment to the Zoning Map that is not initiated by the Commission shall be referred to the Commission.

2.            Procedure before Commission. Before giving an advisory report and recommendation on any proposed amendment to the Zoning Map, the Commission shall conduct a public hearing thereon and complete the public notice requirements according to subsection 14-46(D).4 below.

3.            Procedure before the City Council. After receiving the advisory report from the Planning, Zoning, and Variance Commission, the City Council shall hold a public hearing and complete the public notice requirements according to subsection 14-46(D).4 below before acting on the proposed amendment.

4.            Rezoning Public Notice Requirements. At least ten (10) days prior to the Planning, Zoning, and Variance Commission and City Council public hearing dates, the City will provide notice of the public hearing to the abutting property owners by certified mail and publish the public notice in a local newspaper of general circulation. At least fifteen (15) days prior to the public hearing, the City shall post a sign notice on the subject property that must be visible from the street. Notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the application type, the date of the application, the date of the hearing, and the name of the applicant, and such other information as may be required to fully apprise the public of the nature of the application.

E.            Rezoning Petition Contents. A rezoning petition must contain, at a minimum, the following:

1.            Completed Land Use Application Form.

2.            Application Fee.

3.            Proof of Ownership (deed or title commitment). If the application is not the property owner, written documentation granting the application permission to apply for the Rezoning is required.

4.            A written description of the proposed zoning change including a demonstrated need for the zoning change (see Standards for Rezoning above), proposed method of water supply and sewage disposal and snow storage and removal.

5.            List of all abutting property owners and their mailing addresses.

6.            Zoning Amendment Map/Site Plan (Certified survey and legal description of property by a registered land surveyor or professional engineer). The map/ site plan must be drawn to scale and depict the following:

a.            Identify existing zoning along with adjoining land uses and zoning

b.            Property boundary

c.            Legal description

d.            Location of structure(s) (existing and proposed)

e.            Number of dwelling units per structure

f.            Location of open space to be retained

g.            Location of common areas and their proposed usage

h.            Existing contours (2’ Contour Intervals)

i.             Location of off-street parking spaces

j.             Location, widths and names of adjacent streets and alleys

k.            Existing and proposed utilities and utility easements

l.             Floodplain boundary, if applicable

m.          Certificate blocks for Property Owner, Surveyor, Planning, Zoning, and Variance Commission, and City Council.

F.            Additional Information. The following additional data may be required to accompany the petition for any zone change:

1.            Evidence of availability of public water and sewer facilities. Such evidence shall be in the form of a written commitment by a municipal or quasi-municipal agency stating that such service will be available to the property.

2.            In the event a private water and/or wastewater system is proposed, a written engineering report shall be submitted assuring the availability of water and sewer service and written approval by the Colorado Department of Public Health and Environment and the local health authority.

3.            When a private water and/or sewer system is proposed, a surety bond in the amount of one hundred twenty-five percent (125%) of the estimated cost of such system shall be made in favor of the City of Trinidad and presented at the public hearing concerning the proposed zoning change. Such bond will be held until construction of said system is completed and approved by the Colorado Department of Public Health and Environment and the local health authority. In lieu of a surety bond, the City Council may authorize other such proof of financing or security which will satisfy construction guarantees.

G.           Incomplete Applications. A rezoning petition that is deemed incomplete shall not be processed by the City.

Section 14-47.    PLANNED UNIT DEVELOPMENT (PUD)

A.           PUD Purpose. The purpose of the planned unit development (PUD) option is to:

1.            Encourage innovation and flexibility in the development of land to promote variety in the type, design, and placement of buildings;

2.            Result in a greater benefit to the City than could otherwise be achieved through the land use regulations.

3.            Improve the integration, character, and quality of land uses;

4.            Promote the more efficient use of land and infrastructure while achieving compatibility of land uses;

5.            Achieve economy in the delivery and maintenance of public services; and

6.            Promote the preservation of open space and natural and scenic areas.

Section 14-47.1.               Applicability

A.           PUD zoning may be applied to any property within any zoning district.

B.           The PUD Plan shall designate a default base zoning district that shall regulate dimensional and use standards not otherwise in the PUD plan. Any other provisions or procedures that are not specified by the PUD Plan shall be regulated by this Code.

C.           The boundaries of a zoning district or the zoning classification of any parcel may be changed to a Planned Unit Development (PUD) pursuant to this Section. An application to rezone to a PUD may be submitted for any land within any combination of zoning districts. A PUD may be initiated by an individual or group of individuals owning at least 50 percent of the land within the proposed PUD area.

Section 14-47.2. PUD Application Process

PUD applications shall be processed and considered as follows:

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the City will accept a PUD application for processing.

Step 2: PUD Application Submittal. The applicant shall submit a complete PUD rezoning application to the Planning Division. The application and all documents shall be submitted digitally. The PUD district application shall include the following items:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Completed PUD Review Process Public Information Guide Checklist.

4.            Proof of Ownership.

5.            PUD Written Statement. The statement must contain the following information:

a.            A statement of the present ownership and a legal description of all the land included in the PUD.

b.            An explanation of the objectives to be achieved by the PUD, including building descriptions, sketches or elevations as may be required to describe the objectives.

c.            A development schedule indicating the approximate date when construction of the planned unit development district or stages thereof can be expected to begin and be completed.

d.            A description of the proposed method of providing ongoing (permanent) maintenance of all commonly-owned or used buildings, facilities, areas, and thoroughfares, and any private roads, including the specified name, mailing address, telephone number and at least one specified contact person for the identified organization that will be responsible for such maintenance.

e.            A description of how the rezoning request addresses the PUD Standards and Review Criteria.

f.            Explanation of how the PUD is consistent with the City’s Comprehensive Plan.

g.            A written statement by a licensed engineer(s) that shall describe and/or provide evidence of:

i.             The water source with adequate and dependable capacity to service the proposed PUD at ultimate development in accordance with the provisions contained in C.R.S. 29-20-303 through 305;

ii.            The proposed method(s) of sewage treatment and the location of plant and outfall;

iii.           The soil, geological, and ground water conditions of the site;

iv.           The manner in which storm drainage shall be handled; and

v.            Copies of any special agreements, conveyances, restrictions, or covenants, which are to be recorded with the PUD’s final plat(s), and will govern the use, maintenance, and continued protection of the PUD and any of its common areas.

6.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names, addresses and mailing addresses of mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

7.            Any other information deemed necessary by Staff to evaluate the conformity of the application to the Code.

8.            PUD Plan. The PUD Plan shal