Municipal Code - Chapter 14 Article 5 - Article 16

ARTICLE 5.          COMMUNITY DESIGN STANDARDS

Section 14-58.    GENERAL COMMUNITY DESIGN

A.           Intent. The future character and environment of the City will be greatly affected by the design of subdivisions and developments that are approved by the City. Planning, layout and design of subdivisions, development and redevelopment of existing parcels are of utmost concern. The intent of the community design standards is to create a vital, cohesive, well-designed community in order to enhance Trinidad’s unique character and further the citizens’ goals as identified in the Trinidad Comprehensive Plan.

B.           Community Design Elements.

1.            Compact Urban Growth. As the community grows from the original City limits, it is important to maintain a continuity of density, diversity and interconnectedness. Urban development should occur adjacent to the City’s core so that the community’s rural land and natural areas are preserved and public infrastructure and utilities are used as efficiently as possible.

2.            Neighborhood Design. Residents must have available to them within their neighborhoods, safe and convenient access and movement to points of destination or collection. Modes of travel to achieve this objective should be varied and should not conflict with each other or abutting land uses. Lots and blocks should provide desirable settings for the buildings that are to be constructed, make use of natural contours, protect views, and provide privacy of residents and protection from adverse noise, lighting and vehicular traffic. Natural features and vegetation of the area should be preserved. Schools, parks, churches and other community facilities should be planned as integral parts of neighborhoods.

3.            Community Connectivity. All portions of a tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces. The design of subdivisions shall provide for efficient traffic flow, proper mixing of land uses, and a logical link between nearby existing developments and the proposed subdivision. The City's Comprehensive Plan is to be used as a guide in determining if the design of a proposed subdivision is proper. A plat may be denied or required to be redesign, if, in accordance with the Comprehensive Plan and any other adopted plans or policies, the proposed layout is not suitable for the site, or if the development of the subdivision would be premature.

4.            Environment. New developments should be designed to fit within the environment by ensuring the following:

a.            Subdivisions and land developments shall be designed to prevent excessive erosion by the forces of wind and/or water, and shall be laid out so as to avoid the necessity for excessive cut and fill.

b.            Whenever possible, developers shall preserve trees and other vegetation, waterways such as creeks and arroyos, viewsheds and scenic points, cultural and historic sites and resources, and other local assets and landmarks.

c.            Where feasible, conservation of energy through the use of solar and wind systems in accordance with federal guidelines is encouraged.

d.            Drainage areas, whenever possible, should be left in a natural state and no encroachments shall be made on the natural channel area. Drainage designs of subdivisions shall be engineered using accepted best management practices, and so as to not increase historic drainage patterns or flows off site.

e.            Any land subject to flooding shall be platted in accordance with any applicable floodplain ordinances, statutes and/or laws. The following should be indicated as a plat note, where applicable: "Homebuilders are required to provide a floodplain elevation certificate prior to or with a building permit application. All plans and specs are required to meet FEMA guidelines for flood mitigation." Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for residential occupancy or other such purposes as may increase danger to health, life, or property, and shall not aggravate erosion or flood hazard, unless such hazards are properly mitigated through the subdivision planning process as provided in this Article.

f.            Where a subdivision borders a railroad right-of-way or principal arterial street, design of the subdivision shall include adequate provisions for the reduction of noise.

5.            Except as provided herein, all developments shall have frontage on and direct access to a public right-of-way. In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the City Council shall have the right to restrict and regulate points of access to all property from the public street system.

Section 14-59.    LOTS AND BLOCKS

A.           Intent. The intent of the block and lot standards is to continue Trinidad’s existing block pattern in a manner that is compatible with site-specific environmental conditions.

B.           General Provisions. In addition to the requirements established herein and any other applicable requirements, all development shall comply with the following laws, ordinances and regulations:

1.            All applicable provisions of the Colorado Revised Statutes (C.R.S), as amended.

2.            The City of Trinidad Municipal Charter and Municipal Code, including but not limited to, the Zoning Ordinance, adopted Building Codes, and with all adopted ordinances, regulations, policies and other guidelines.

3.            The City of Trinidad Comprehensive Plan.

4.            Engineering Design and Specifications Manual (“Manual”).

5.            The requirements of city utility Divisions serving the subject property.

C.           Lots. Lot size, width, depth, shape and orientation shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view.

1.            Dimension and Configuration.

a.            Lots shall meet all applicable zoning requirements.

b.            Corner lots for residential use shall have extra width to provide appropriate setback from both streets.

c.            Lots should be designed, as far as possible, with side lines being at right angles or radial to any adjacent street right-of-way line.

d.            Except to accommodate drainage in easements, minimal grades shall be maintained along lot lines.

e.            Double-frontage lots shall be prohibited in residential areas except where essential to provide separation from principal arterial streets or from incompatible land uses.

f.            All lots shall have vehicular access to a public or private street, as approved by City Council.

D.           Blocks.

1.            General Standards. The lengths, widths and shapes of blocks shall be determined with due regard to:

a.            Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b.            Requirements as to lot sizes and dimensions.

c.            Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic circulation.

d.            Limitations and opportunities of topography.

e.            The limitations and characteristics of soil and slope relative to the requirements for installation of utilities.

2.            Dimension and Configuration.

a.            Blocks should not exceed 1,320 feet in length unless topographical conditions or other physical constraints justify a longer length. In general, blocks should not be less than 300 feet in length.

b.            Blocks should not be designed so as to provide two (2) tiers of lots.

c.            Blocks may be irregular in shape, provided they are harmonious with the overall patter of blocks in a proposed subdivision.

d.            Blocks shall not be designed with dead end streets.

E.            Additional Area Regulations. The following additional area regulations shall apply to all zone districts:

1.            For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one lot unless developed as a Planned Unit Development.

2.            An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10'). An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four feet (4').

3.            Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet (3 ½') and where the same are so placed as not to obstruct light and ventilation.

4.            Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required yard provided these projections be at least two feet (2') from the adjacent side lot line.

Section 14-60.    STREET AND CONNECTIVITY STANDARDS

A.           Intent. The intent of the street and connectivity standards is to establish a safe, efficient, and attractive transportation system that promotes all modes of transportation and is sensitive to the environment.

B.           General Provisions. The street system of any proposed development shall be designed to create blocks that consider interconnectedness, topography, solar orientation, views, and consider the use by all modes of transportation that will use the system. Streets should be an inviting public space and an integral part of community design. Local streets shall provide for both intra- and inter-neighborhood connections to knit developments together, rather than forming barriers between them. All streets should interconnect to help create a comprehensive network of public areas to serve all modes of transportation (including, but not limited to cars, trucks, buses, bicycles, pedestrians, etc.).

1.            Street System Pattern. The street system pattern proposed in any development must comply with the provisions of the Article and other applicable provisions of the City’s Code of Ordinances, and shall:

a.            Be designed to be logically related to topography so as to produce reasonable grades, satisfactory drainage, suitable building sites, and provide for horizontal sight distances on all curves depending on design speed.

b.            Provide for adequate vehicular access to all properties within the proposed subdivision plat boundaries.

c.            Provide adequate street connections to adjacent properties to ensure adequate traffic circulation within the general area.

d.            Provide a local street system serving properties to be developed for residential purposes which discourages through traffic while maintaining sufficient access and traffic movement for convenient circulation within the subdivision and access by fire, police and other emergency services.

e.            Provide a sufficient number of continuous streets and major thoroughfares, particularly in those areas designated for the development of high density multiple-family residential, commercial and industrial land uses, to accommodate the increased traffic demands generated by these land uses.

f.            When necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets in alignment therewith. When conditions permit, centerline offsets should be at least 125 feet. Greater centerline offsets may be required by the City when necessary for traffic safety. Where a proposed subdivision is adjacent to or at the end of an existing street which will afford primary or significant access to the proposed subdivision and is determined by the City Engineer, in accordance with traffic engineering principles and practice, to be of inadequate design or construction, the developer will be required to improve, reconstruct, widen or make any other alterations to the existing street as deemed necessary by the City in order to provide appropriate and safe access to the subdivision.

g.            Where adjoining areas are not subdivided, the City may require the arrangement of streets in the subdivision to make provision for the proper projection of streets into such unsubdivided areas.

h.            Street intersections shall be as nearly at right angles as practical giving due regard to terrain, topography, sight distances and safety.

2.            Cul-de-sacs, Dead-End Streets and Stub Streets.

a.            Length of cul-de-sac. The length of all cul-de-sacs shall not exceed 500 feet, unless topographic conditions warrant a longer length.

b.            Radius of cul-de-sac. The radius of the right-of-way for all cul-de-sacs shall not be less than sixty (60) feet.

c.            Drainage of a cul-de-sac. Drainage of a cul-de-sac shall preferably be toward the open end.

d.            Dead-end streets. Dead-end streets shall be prohibited, except as stubs, to permit future extensions into adjoining tracts or when designed as circular cul-de-sac turnarounds.

e.            Stub streets. Stub streets, greater in length than one (1) lot length, shall be paved to the full width of the right-of-way for the last fifty (50) feet of their length.

3.            Street Connections. All streets shall be aligned to join with planned or existing streets consistent with the Transportation & Connectivity Plan of the Trinidad Comprehensive Plan. All streets shall be designed to be logically related to topography so as to produce reasonable grades, satisfactory drainage, suitable building sites, and provide for horizontal sight distances on all curves depending on design speed. Street and transportation system shall provide more than one direct connection to and between local destinations such as schools, trails, parks, historic and cultural resources, and Trinidad’s nexus of Scenic Byways. Streets must provide connections within subdivisions and to adjoining properties to blend developments together and to disperse traffic.

4.            Street Paving and Design. All streets shall be paved and shall be designed and constructed in accordance with City Engineering Design and Specifications Manual.

5.            Distribution of Local Street Traffic Street Network. All subdivision plats shall include a local street system that will allow access to and from the proposed subdivision, as well as access to all existing and future adjacent development from at least two streets. A sufficient number of continuous streets and major thoroughfares shall be provided, particularly in those areas designated for the development of high density multiple-family residential, commercial and industrial land uses, to accommodate the increased traffic demands generated by these land uses.

6.            Utilization and Provision of Local Street Connections To and From Adjacent Developments and Vacant Parcels. All subdivisions shall incorporate and continue all streets stubbed to the boundary of the property by previously approved plats or existing development or as determined by the City Engineer. Existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets in alignment therewith. When conditions permit, centerline offsets should be at least 125 feet. Greater centerline offsets may be required by the City when necessary for traffic safety. Where a proposed subdivision is adjacent to or at the end of an existing street which will afford primary or significant access to the proposed subdivision and is determined by the City Engineer, in accordance with traffic engineering principles and practice, to be of inadequate design or construction, the developer will be required to improve, reconstruct, widen or make any other alterations to the existing street as deemed necessary by the City in order to provide appropriate and safe access to the subdivision at the developer’s expense.

7.            Street Intersections. Intersections of streets shall be as nearly at right angles as practical giving due regard to terrain, topography, sight distance and safety.

8.            Street Layout. The street layout shall form an interconnected system of streets primarily in a grid or modified pattern adapted to the topography, unique natural features, environmental constraints, and open space areas. The street layout shall emphasize the location of neighborhood focus points, other internal open space areas, gateways, and vistas. The use of cul-de-sacs and other roadways with a single point of access shall be minimized.

9.            Buffering and Traffic Separation Requirements for Streets. Where a subdivision abuts or contains an existing or proposed street, the City may require marginal access streets, reverse frontage with screening by landscaping and berming contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford a separation of through and local traffic. If landscaping or berming is used as a buffer between the street and residential property uses, the subdivider shall provide a minimum 20-foot landscape buffer in an easement or in a tract dedicated for such purposes along the street.

10.         Visibility at Intersections. No plantings, signs, berms, fences, walls, structures, or other materials or items greater than thirty (30) inches in height shall be planted, created or maintained at street intersections within the sight distance triangle. 

11.         Access. Access to all subdivisions shall be from a public street system or an approved private street. Driveways shall not be permitted to have direct access to arterials or state highways (principal arterials).

12.         Right-of-Way Width. The width of the right-of-way to be dedicated for any designated street shall be in conformance with the City's Transportation & Connectivity Plan, and meet the minimum specifications of the Engineering Design and Specifications Manual or as determined and approved by the City Engineer. In those instances where the proposed subdivision is located contiguous to an existing street having a right-of-way less than that required by the Engineering Design and Specifications Manual, sufficient additional right-of-way must be dedicated to bring the right-of-way width in conformance with the Engineering Design and Specifications Manual. In all cases the minimum right-of-way width required for the development of a designated street must be of sufficient width to accommodate the approved roadway pavement and drainage and utility facilities.

13.         Street Right-of-Way Dedication. The full width of right-of-way for all streets being platted must be dedicated to the City. Partial or half streets may be dedicated, subject to the provisions of this Section.

14.         Private Streets. Private streets may be permitted by the City Council if it determines that the use of private streets will preserve the aesthetic environmental qualities of the subdivision while providing property owners with a safe, functional and lasting means of access. The design and approval of any private streets shall promote driver and pedestrian safety by improving movement along streets and ingress and egress for properties adjacent thereto. Generally, as the widths of streets and vehicular speeds increase, the number of private street connections thereto should decrease.

15.         Private Street Design. Private streets shall be designed in accordance with traffic engineering principles and practices as applied to existing and anticipated conditions, particularly the land uses to be served and the configuration of the street itself. Private streets shall meet all requirements contained in this Article for public streets. Adequate space shall be provided in the private street right-of-way for easements for the location and maintenance of utilities. A note shall be included on the plat that provides that the maintenance of private streets shall be the responsibility of the applicable homeowners' or property owners' association, and that assessments for such maintenance shall be addressed in the association's deed restrictions, protective covenants, or covenants, conditions and restrictions.

16.         Partial or Half Streets. Partial or half streets may be dedicated in those instances where the City concurs that it is necessary for the proper development of the land and in the public interest to locate a public street right-of-way. The City will not approve a partial or half street dedication within a subdivision dedicating less than a 60-foot right-of-way width. Appropriate notations must be placed upon the plat restricting access from any partial or half streets so dedicated to adjacent acreage tracts until the adjacent property is subdivided in a recorded plat and the additional adjacent right-of-way is acquired providing the full right-of-way as specified in this Article.

17.         Perimeter Streets. When a street is dedicated which ends on the plat, the street right-of-way must be dedicated to the boundary of the plat.

18.         Alleys. Alleys may be provided within a subdivision plat to provide secondary vehicular access to lots which otherwise have their primary access from an adjacent street. Alleys may not be used or designed to provide the principal access to any tract of land.

19.         Alley Right-of-Way Width, Intersections and Curves. Alleys must have a right-of-way width of at least sixteen (16) feet. Alleys must intersect with streets.

20.         Dead-End Alleys. No dead-end alley or cul-de-sac alley shall be permitted.

21.         Driveway Approaches. Driveway approaches shall be provided in accordance with the driveway approach standards of the State of Colorado.

22.         Driveways. Driveways shall be constructed with minimal grades or slopes.

23.         Street Lighting and Traffic Signals.

a.            Street Lighting. The City shall install streetlights at the developer's expense. To minimize light pollution, street lights shall only be installed at street intersections, street dead-ends, or in cul-de-sacs.

b.            Traffic Signs and Signals. Developers shall be required to provide and install all traffic signage and signalization determined by the City to be necessary because of the construction of the subdivision. All signs and signals shall be provided and placed in accordance with City standards and shall be erected prior to the acceptance of streets by the City. Developers shall be responsible for upgrading existing signals, equipment, and facilities to accommodate their development.

24.         Fire Lane. Fire lanes shall be required where deemed necessary by the City to protect an area during the period of development and after development. If required after development, a fire lane easement shall be dedicated and marked as such in accordance with applicable Fire Codes, so that it is to remain free of obstructions and provide access at all times.

25.         Street Improvements Outside City Limits. In subdivisions located outside the City's corporate limits but located within the City's Planning Area Boundary, street improvements shall conform to standards of improvements as outlined in this Article for subdivisions located within the corporate limits.

26.         Level of Service. All proposed subdivisions of greater than sixteen (16) residential dwelling units or greater than 25,000 square feet of gross floor area for nonresidential subdivisions shall submit a traffic impact study with the associated development application. Such traffic impact study shall demonstrate that the proposed development will not create traffic conditions that result in a reduction in the existing level of service (LOS) as outlined in the Engineering Design and Specifications Manual.

Section 14-61.    PARKING

A.           Intent and Purpose. The intent of these parking standards is to ensure that development implements the goals and strategies articulated in the Comprehensive Plan for community growth and land use, and transportation and connectivity. The purpose of these parking standards is to:

1.            Provide for pedestrian connections and safety.

2.            Prevent the establishment of excessive amounts of off-street parking.

3.            Reduce the need for parking by promoting the use of transit, bicycles, and other alternative forms of transportation.

B.           General Provisions.

1.            Provision of parking spaces within an integrated parking and access system is required.

2.            The total number of parking spaces provided shall be the sum total of the individual parking standards for each use. Mixed developments, shopping centers, and industrial or office parks, shall be evaluated on individual uses, however shared parking agreements, and the relationship between specific uses shall be considered in determining parking standards.

3.            The minimum and maximum off-street vehicle and bicycle parking standards identified in Table 14-61 shall apply to all new development and redevelopment.

4.            When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.

5.            Driveways shall not count as a parking space(s).

6.            On-site parking shall be maintained in good condition free of weeds, dust, trash and debris, and major surfacing defects.

7.            Newly paved and repaved parking lots shall comply with Americans with Disabilities Act Parking Standards.

8.            Carports are allowed as accessory structures.  

C.           Required Parking. Unless otherwise provided in this Code, off-street parking shall be provided in the amounts shown in Table 14-61 Parking Standards below.


Table 14-61: Parking Standards

Use Category

Use Type

Vehicle Parking

Minimum

Maximum

All Districts

Residential Uses 

Household Living

Single family detached

1 space per unit

 

Single family attached

1.5 spaces per unit

 

Two-family dwellings

1.5 spaces per unit

 

Multifamily dwelling 

1.5 spaces per unit

 

Mobile Homes and Tiny homes

2 space per unit

 

Live-work

1 space per unit

 

Group Living

Assisted Living Facility

1 space per 400 sf

 

Continuum of care or nursing home

1 space per 400 sf

 

Group home

1 space per 400 sf

 

Rehabilitation Center

1 space for every 3 beds

 

Commercial Uses

Adult Entertainment Establishments

Sexually-Oriented Business

1 space per 250 sf

1.5 spaces per 250 sf

Agriculture or Animal Related Services

Community Garden

N/A

N/A

Kennel

2 spaces per 1,000 sf of building area

4 spaces per 1,000 sf building area

Ranching, Farming or General Agriculture

N/A

N/A

Veterinary hospital or clinic

1 spaces per 500 sf

2 spaces per 500 sf

Hospitality

Camping and Lodges

1 space per campsite/Lodge

2 space per campsite/Lodge

Hotels and motels 

.5 spaces per guestroom

1 spaces per guestroom

Hospitality

Resorts/Dude Ranches

.5 spaces per guestroom; Parking Demand Study required for Mixed use developments 

Parking Demand Study required for Mixed use developments 

Bed and Breakfast Inns

1 space per bedroom

2 spaces per bedroom

Riding stables

1 parking space, capable of accommodating both a vehicle and horse trailer, must be provided for every two horses 

Parking Demand Study Required for parking spaces that exceed the minimum 

Short-term rentals

1 space per bedroom

N/A

Offices and Professional Services

Business, professional and semi-professional offices

1 space per 500 sf

2 space per 500 sf

Mortuary or embalming establishment or school

1 space for each 50 sf of floor space in slumber rooms, parlors, and individual funeral service rooms

2 space for each 50 sf of floor space in slumber rooms, parlors, and individual funeral service rooms

Funeral home

1 space for each 50 sf of floor space in slumber rooms, parlors, and individual funeral service rooms

2 space for each 50 sf of floor space in slumber rooms, parlors, and individual funeral service rooms

Food and Beverage

Bar, or tavern

1 space per 100 sf gross leasable area

Parking Demand Study Required for parking spaces that exceed the minimum 

Drive through facilities

1 space per 250 sf dining area; 3 stacking spaces per drive-through lane.

2 space per 250 sf dining area; 4 stacking spaces per drive-through lane.

Food and beverage process

1 space per 500 sf plus 1 space per 500 sf of office or administrative area

 

Microbrewery, distillery, or winery

1 space per 250 sf seating/tasting area

 

Nightclub

1 space per 100 sf gross leasable area


Restaurant

1 space per 100 sf gross leasable area

 

Retail and Service Establishments

Antique/Art Shops

1 space per 1,000 sf

 

Art galleries

1 space per 1,000 sf

 

Auto parts supply stores

1 space per 1,000 sf

1 spaces per 500 sf

Art studios 

1 space per 1,000 sf

1 spaces per 500 sf

Convenience Stores

1 space per 1,000 sf

1 spaces per 500 sf

Personal service 

1 space per 1,000 sf

1 spaces per 500 sf

Retail sales 

1 space per 1,000 sf

4 spaces per 1000 sf

Vehicular and Transportation

Airport

Parking Demand Study Required

Parking Demand Study Required

Automobile fueling

1 space per fuel pump, plus 1 space per 400 sf retail or repair area; 3 stacking spaces per automatic car wash facility

 

Automobile service 

3 spaces per parking space used for repair

4 spaces per parking space used for repair

Private parking lots

N/A

N/A

Public parking lots

N/A

N/A

Transit facility 

N/A

N/A

Vehicle sales 

1 space for 500 sf of showroom and sales area; 3 spaces per service bay for repair areas

1.5 space for 500 sf of showroom and sales area; 4 spaces per service bay for repair areas

Industrial Uses

General Industrial 

Automotive repair garage

4 spaces per parking space used for repair

 

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

1 space per 1,000 sf, plus 1 space per 2,500 sf of outdoor display and storage

 

Manufacturing, compounding

1 space per 500 sf plus 1 space per 500 sf of office or administrative area

 

Scientific Research

1 space per 500 sf plus 1 space per 500 sf of office or administrative area

 

Fabrication, assembling, processing or treatment of products 

1 space per 500 sf plus 1 space per 500 sf of office or administrative area

 

Storage and Warehousing 

Mini-warehouse

2 spaces, plus 1 space for resident caretaker

3 spaces, plus 1 space for resident caretaker

Wholesale distribution or warehouse

1 space per 1,500 sf warehouse area, plus 1 space per office 

 

Energy and Utilities

Energy and Utilities

Electric substations and gas regulator stations

1 space for every 2 employees on the maximum working shift plus space to accommodate all trucks and vehicles used in connection therewith 

 

Marijuana

1 space per 200 sf of gross leasable floor area

 2 spaces per 200 sf of gross leasable floor area

Rock Crushers, concrete and asphalt mixing plants

1 space for every 2 employees on the maximum working shift plus space to accommodate all trucks and vehicles used in connection therewith 

 

Sand and gravel pits or other excavation or surface mining

1 space for every 2 employees on the maximum working shift plus space to accommodate all trucks and vehicles used in connection therewith 

 

Water reservoirs, water storage tanks, water pumping stations and sewer lift stations

1 space for every 2 employees on the maximum working shift plus space to accommodate all trucks and vehicles used in connection therewith 

 

Wireless service facility 

No Requirement

No Requirement

Public, Institutional, and Civic Uses

Community and Cultural Facilities

Cemetery and mausoleum

N/A

N/A

Church or place of worship

1 space for every 6 seats in the main auditorium

1 space for every 4 seats in the main auditorium

Club or lodge (nonprofit) 

5 parking spaces plus one (1) additional space for each 200 sf of floor in activity and meeting rooms.

Parking Demand Study Required for parking spaces that exceed the minimum

Community service agency

1 space per 500 sf

1 space per 250 sf

Community and Cultural Facilities

Government offices or services 

1 space per 500 sf

1 space per 250 sf

Library 

1 space per 500 sf

1 space per 250 sf

Museum

1 space per 500 sf

1 space per 250 sf

Public or semi-public uses 

1 space per 500 sf

1 space per 250 sf

Theater or Performing Art Center

1 space for every 5 seats or bench seating spaces 

Parking Demand Study Required for parking spaces that exceed the minimum

Recreation and Entertainment 

Bowling alley

5 spaces per alley

Parking Demand Study Required for parking spaces that exceed the minimum

Golf course

3 spaces per hole or 1 space per 400 sf of buildings, whichever is greater

Parking Demand Study Required for parking spaces that exceed the minimum

Indoor recreation or entertainment

2.5 spaces per 1,000 sf

5 spaces per 1,000 sf

Outdoor entertainment facility

1 space per 250 sf, plus 1 space per 10,000 sf of site area

Parking Demand Study Required for parking spaces that exceed the minimum

Outdoor recreation facility

1 space per 250 sf, plus 1 space per 10,000 sf of site area

Parking Demand Study Required for parking spaces that exceed the minimum

Park and playground 

No Requirement

No Requirement

Education Facilities










Education Facilities

College or University

1 space for every 8 seats in the main auditorium or 3 spaces for each classroom, whichever is greater

 

Cultural exhibits

1 space per 500 sf

 

Day Nursery or Child Care Center

2 spaces per teacher

1.5 spaces per 1,000 sf

Elementary or Secondary School

1 space for every 8 seats in the main auditorium or 3 spaces for each classroom, whichever is greater

 

Trade or Vocational School 

1 space for every 8 seats in the main auditorium or 3 spaces for each classroom, whichever is greater

 

Healthcare Facilities 

Hospital 

1 space for every 3 beds

 

Medical or dental clinic, office, or laboratory 

1 space per 250 sf 

4 spaces per 1,000 sf 

Accessory Uses

 

Accessory dwelling unit

1 space per unit

 

Home occupation

No requirement

No requirement

D.           General Parking Standards.

1.            Motorcycle and scooter parking spaces may substitute for up to five percent of the required vehicle parking requirement.

2.            For every four motorcycle and scooter spaces provided, the vehicle parking requirement may be reduced by one space.

3.            Each motorcycle and scooter space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this standard.

4.            At the discretion of the Director, on-street parking available along the portion of a public or private street abutting the use may be counted toward the minimum number of off-street parking spaces required.

5.            Parking requirements may be met on-site or off-site at a distance of up to 600 feet from the use provided that a shared parking agreement is obtained prior to approval of the site plan or building permit in accordance with the requirements of this Section.

6.            The minimum parking count in Table 14-61 is used to determine the parking count for each individual land use for a development application.

7.            All off-street parking shall be located to the rear of the principal building and shall be screened with landscaping or a masonry wall so as to not be visible from any public right-of-way or residential zoning districts. A screening plan showing all proposed screening must be submitted with the land development and building permit applications.

E.            Parking for Unlisted Uses. For any use not specifically mentioned in Table of Parking Standards, the parking provisions for a similar use, as determined by the Director, shall apply. For a new use where the Director determines that a similar parking rate is not stated in this Code, the Director may establish a minimum or maximum parking requirement based on a parking study, or after consultation with other City officials regarding potential parking needs, or by a combination or those methods.

F.            Bicycle Parking. All new commercial and multi-family developments shall provide bicycle facilities to meet the following standards.

1.            A minimum number of bicycle parking spaces shall be provided, equal in number to two (2) percent of the total number of automobile parking spaces required by the development, but not less than one (1) space.

2.            Bicycle parking shall be designed so that bicycles may be securely locked and safeguarded from intentional or accidental damage.

3.            Each required bicycle parking space shall be accessible without moving another bicycle. There shall be an aisle at least 5 feet around the perimeter of all bicycle parking areas to allow room for bicycle maneuvering.

4.            For convenience and security, bicycle parking facilities shall be located near building entrances. With the permission of the City, bicycle parking may be located in the public right of way.

G.           Shared Access, Driveways and Parking Facilities for Non-Residential and Multi-Family Tracts.

1.            All off-street parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.

2.            Where feasible, parking lots of nonresidential uses shall share access drives with adjacent property.

3.            Off-street parking areas shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available.

4.            Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way, sidewalks or strike against or damage any wall, vegetation, utility or other structure.

5.            When there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a movie theater and an office building), a parking study and shared parking agreements may be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.

6.            Circulation areas shall be designed to facilitate the safe movement of vehicles without posing a danger to pedestrians or impeding the function of the parking area.

7.            Unless otherwise approved by the City, all plats for commercial and/or industrial tracts shall provide for shared access and parking facilities, and the plat shall contain a note on it to that effect.

H.           Driveways and Parking Areas for Single-Family and Duplex Residential Lots.

1.            Each lot shall be allowed no more than 35 feet of drive-cuts along a lot’s street frontage and may occupy no more than 50 percent of the lot frontage, cul-de-sacs excluded.

2.            Driveways and parking areas are to be maintained as dust-free, weed-free, and mud-free surfaces.

3.            Parking shall not be allowed on grass, weeds, mud or dirt. This includes, but is not limited to, the parking of trailers, campers and camper shells, and recreational vehicles.

4.            All driveways and parking areas must consist of all-weather parking materials designed for outdoor use, such as concrete paving, asphalt paving or rock applied to a minimum depth of 3 inches. Rock driveways and parking areas shall use a minimum ¾ inch rock size.

5.            All-weather parking materials expressly excludes carpet, shingles, wood and cardboard.

I.             HP – Corazon de Trinidad Historic Preservation District Parking Standards.

1.            No off-street parking is required in the District.

2.            All off-street parking shall be located to the rear of the principal building and shall be screened with landscaping or a masonry wall so as to not be visible from any public right-of-way or residential zoning districts. A screening plan showing all proposed screening must be submitted with the land development and building permit applications.

J.            Shared Parking. When two or more uses listed in the Table 14-42 Use Tables share a parking lot, the total parking requirement for those uses may be reduced by the factors show in Table 14-61.A. below. To calculate the shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated in Table 14-61.A below.

Table 14-61.A.

Shared Parking Reduction (Add the requirements and divide by these factors)

Property Use

Multi-Family

Commercial

Food, Beverage, Recreation and Entertainment or Hospitality

Retail

Public, Institutional, or Civic

Multifamily Residential

1.0





Public, Institutional, or civic

1.1




1.0

Food, Beverage, Recreation and Entertainment, or Hospitality

1.1


1.0


1.2

Retail

1.2


1.3

1.0

1.3

Other Commercial

1.3

1.0

1.7

1.2

1.5

1.            Maximum Parking Space Reduction for Mixed-Use Developments. In no instance shall any parking reduction exceed thirty percent (30%) of the sum total of the required parking spaces for all individual uses as calculated in accordance with this Section.

a.            Americans with Disabilities Act (ADA). For the purposes of this section, no reduction in the number of required ADA-compliant parking spaces are permitted.

b.            Residential Parking in Mixed-Use Developments. No reductions in the required number of parking spaces are permitted for residential uses located within mixed-use developments. Parking spaces for residential uses within mixed-use developments must be clearly marked as reserved for residential use.

c.            Reserved Parking for Non-Residential Uses within Mixed-Use Developments. Non-residential parking spaces in a shared parking facility associated with a mixed-use development may not be reserved for individual uses.

d.            Reciprocal Parking Agreements. A reciprocal written agreement must be executed by all property owners within a mixed-use development that assures the perpetual joint use of all shared parking and contains a provision for the maintenance of the shared parking facility. A copy of said agreement must be submitted to the Planning Division for review and approval. Said agreement must be recorded as a deed restriction on all properties within the mixed-use development and cannot be modified or revoked without the consent of the Director. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the Director or provide the full amount of required parking for each use in accordance with the requirements of Table 14-61 above.

K.            Location of Parking Spaces.

1.            Off-street parking facilities for residential uses shall be provided and located on the same lot as the building they are intended to serve.

2.            Required off-street parking in residential zones shall not lie within the front yard setback nor within any required side yard setback adjacent to a street. (Driveway spaces within these setbacks can not be counted for required off-street parking.)

a.            The location of required off-street parking facilities for other than residential uses shall be within six hundred (600) feet of the building they are intended to serve when measured from the nearest point of the building or structure.

b.            Except within a garage or in conjunction with an approved affordable housing project, tandem parking is not allowed to meet required off-street parking requirements.

L.            Accessible Parking.

1.            Within the requirements of Section 14-61 Minimum Required Parking and not in addition to those requirements, accessible parking shall be provided for all multifamily and non-residential uses as required the International Building Code, the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities and Colorado Revised Statutes, as amended.

Section 14-62.    LANDSCAPING, SCREENING, AND FENCING

A.           Site Area Landscaping.

1.            The minimum percent of site area required to be landscaped is established in the Density and Dimensional Standards for each zoning district in Article 4 Zoning Ordinance.

2.            Except for rear yards of single-family and two-family dwellings, any part of a site not used for building coverage, parking areas, driveways, sidewalks, or other site improvements shall be landscaped.

3.            Existing healthy vegetation meeting City specifications that is retained on a site shall count toward the landscape area requirements.

4.            On double-frontage lots, a landscape buffer located in an easement or a tract dedicated for such of at least twenty (20) feet in width and across which there will be no vehicular right of access, may be required along the lot line of lots abutting such traffic artery or other incompatible uses.

5.            For wireless telecommunication facilities, the City may reduce the minimum landscaping requirements of the zone district when the facility is found to be compatible with adjacent land uses. Landscaping shall be installed on the outside of any fencing.

B.           Trees Required.

1.            Trees shall be an included mandatory element of required landscaping areas as follows: 

Table 14-62

Minimum Number of Trees in Required

Non-Residential

1 per 500 square feet of landscaped area

Mixed-Use

1 per 500 square feet of landscaped area

Historic Preservation (El Corazon de Trinidad)

A combination of window boxes, planters, trees, benches, etc., as appropriate to enhance building entries and the streetscape

2.            Street trees that comply with the Engineering Design and Specification Manual shall count toward the requirement in this subsection.

3.            All planted trees shall comply with the minimum plant material sizes in this Section.

C.           Parking Lot Landscaping.

1.            All parking lots with ten (10) spaces or more shall provide the following landscaping:

a.            Site trees. A minimum of one (1) tree per five (5) parking spaces shall be provided. Group trees together in islands which are a minimum of ten (10) feet wide. Use the landscaping to break up large expanses of pavement and to create a tree canopy for summer shade.

b.            Shrubs. A minimum of one (1) shrub per one hundred fifty (150) square feet of landscaped area shall be provided. Group plantings in landscape islands.

c.            Groundcover. Limit areas of irrigated turf. Grass is discouraged in areas less than ten (10) feet side. Install a native grass buffer around the perimeter to filter runoff and improve water quality.

d.            Landscape setback to parking lots – Thirty (30) feet from arterials or twenty-five (25) feet from other streets. This setback may be reduced to fifteen (15) feet if used in combination with a three to four (3-4) foot articulated masonry or stone decorative wall with trees and shrubs on both the street and parking lot sides of the wall to soften its appearance. Signs may be included in this setback.

e.            Provide a mechanism for long term maintenance of landscaping – All landscaping within and adjacent to parking lots shall be owned and maintained by the landowner or occupant.

D.           Landscape Plan Required.

1.            A landscape plan shall be submitted with all new developments and redevelopment. Plant materials shall be installed prior to issuance of a Certificate of Occupancy unless the Director or designee approves a seasonal delay. The landscape plan shall contain the following information at a minimum:

a.            A drawing identifying all existing deciduous trees and coniferous trees of four inches in caliper or greater and illustrating the location, size, and type of all proposed landscaping. The drawing shall identify all existing vegetation that is to be preserved, demonstrate how irrigation is to be provided, and provide a legend.

b.            A written summary of all calculations demonstrating compliance with the amount of landscaping required for the site.

E.            Tree and Existing Vegetation Preservation. Existing healthy trees and shrubs shall be retained to the maximum extent possible. Existing healthy trees that are four inches in caliper or more and healthy shrubs that are five-gallon or larger shall count one-and-a-half times toward the landscaping standards of this Section if they are preserved.

F.            Water Conservation.

1.            The total amount of high-water-use landscaping, according to City specifications, on a property may not exceed 50 percent of the total landscaped area. The total amount of high-water use turf grass may not exceed 30 percent of the total landscaped area. Turf grass areas designated for high use or a specific recreational use shall be excluded from the total landscaped area under this requirement.

2.            High water use plants or turf grasses shall not be planted on slopes or berms at a 4 to 1 slope or steeper.

G.           Minimum Plant Material Sizes. All plant materials shall be planted according to the Trinidad Planting Guide. Trees or shrubs that are not recommended in the Trinidad Planting Guide shall not count towards the required trees and shrubs in this Section. Minimum tree and shrub sizes are as follows:

1.            Deciduous trees shall be a minimum of one and one-half inches in caliper, measured six inches above the ground.

2.            Coniferous trees shall be a minimum of six feet in height.

3.            Shrubs shall be a minimum of five gallons.

H.           Obstructions Prohibited.

1.            Fire Hydrants, Public Traffic Signs, Sidewalks, and Utilities

a.            Landscaping shall not obstruct fire hydrants, public traffic signs, sidewalks, or utility boxes except to comply with screening of mechanical equipment pursuant to this Section.

b.            Landscaping shall not grow into any overhead utility lines.

c.            No trees will be planted under overhead utility lines.

2.            Clear Line of Sight

No plantings or items greater than thirty (30) inches in height shall be planted or placed at street intersections within the sight distance triangle. Solid fences abutting the intersection of an alley and a public street shall be located a minimum of five feet from the intersection along both the street and alley property lines to allow for visibility of pedestrians from vehicles in the alley. Fences with opacity of less than 50 percent are exempt from this requirement.

I.             Installation and Maintenance.

1.            Required Installation Completion

With approval from the Director, landscaping required for all uses may be installed after a certificate of occupancy is issued, provided the landscaping is installed within six months of its initial date of occupancy, excluding the months of October through April, and collateral for outstanding work is submitted to the Director. Such collateral shall include the cost of landscaping, the labor for installing required materials, plus 10 percent. The collateral shall be refunded upon installation and City inspection of the landscaping.

2.            Irrigation Systems and Plans

If an irrigation system is installed, the system shall meet the following minimum requirements:

a.            An approved backflow prevention device shall be installed with all irrigation systems.

b.            Low-volume, drip or subsurface irrigation systems shall be used in all non-turf grass areas and in landscaped areas where any one dimension is less than six feet in width and surrounded by impervious surfaces.

c.            Any landscaping areas that are being dedicated to the City or will be maintained by the City in association with a development shall be required to install an irrigation system. The plans for this irrigation system shall be approved by the Public Works Department. This excludes non-disturbed area, natural areas, or areas located in the floodplain.

J.            Landscaping in the Right-of-Way. The portion of the public right-of-way, if any, between the property line and the street curb line may be used for landscaping purposes, provided it will be maintained by the abutting property owner. The replacement of any damaged landscaping due to work in the right-of-way is the responsibility of the abutting property owner.

K.            Landowner Responsible. Maintenance of all landscaped areas on a developed site shall be the responsibility of the property owner.

L.            Replacement of Dead Plant Materials. Required landscaping that is dead shall be replaced within three months of written notice to replace the same from the City, excluding the months of October through April. Replacement vegetation must be similar in size and type.

M.          Creative Landscape Design Program. The Creative Landscape Design Program provides for property owners and businesses within the City to propose creatively designed landscapes. The intent of this process is:

•             To encourage landscape design that exhibits a high degree of imagination, creativity and inventiveness;

•             To provide a process for the application of creatively designed landscape that will make a positive visual contribution to the overall image of the City, while conserving water; and

•             To provide an alternative to live landscape installation

1.            Creative Landscaping Permit Application. All proposed Creative Landscape Design Permits shall submit a Landscape Design permit application along with a Landscape Plan.

2.            Approval Authority. A Creative Landscape Design Permit application for landscaping shall be subject to approval by the Planning, Zoning, and Variance Commission.

3.            Design Criteria. In approving an application for a creative landscape design, the Planning, Zoning, and Variance Commission shall ensure that a proposed landscape plan meets the following design criteria:

a.            Design quality. The landscape design shall:

i.             Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

ii.            Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit;

iii.           Demonstrate conformance with this Article;

iv.           Provide strong character through the imaginative use of materials, construction methods, color, texture, quality materials, scale, and proportion;

v.            Demonstrate the preservation of native plantings; and

vi.           Demonstrate utilization of drought tolerant plantings or materials that do not require any water (i.e., rocks, structures, artwork, etc.).

N.           Screening Requirements.

1.            Screening of Wireless Communication Facilities, Utility and Mechanical Equipment: Wireless communications facilities, meters, utility and mechanical equipment, excluding publicly-owned utility boxes and mechanical equipment in alleys, shall be screened from public view by landscaping or architectural elements compatible in material and color with the primary structure.

2.            Screening of Storage, Waste Collection, and Loading Areas:

a.            Storage, service, and loading areas in nonresidential or multifamily residential developments, excluding areas not visible from a public right-of-way, shall be screened from public view by privacy fences or walls with a minimum height of six feet.

b.            Waste collection and/or recycling areas on nonresidential or multifamily properties shall be enclosed on all sides with a gated solid screening wall at least six feet in height, designed to be compatible with the primary structure material and color.

c.            A concrete or asphalt pad shall be installed beneath the waste collection area for any collection bin that is two cubic yards or greater in size.

3.            Procedures and Exemptions

a.            Fences and Walls Requiring a Fence Permit.

i.             Fences exempt from permit requirements are found in paragraph c below.

ii.            Retaining walls less than or equal to 48 inches in height as measured from top of wall to finished grade.

b.            Fences and Walls Requiring a Building Permit

i.             Any fence over five feet six inches (5’6”) in height and any wall over four feet in height (measured from the finished grade of the bottom of the fence or wall to the top) shall require a building permit issued by the Director.

ii.            Any fence over six feet in height or wall over four feet in height shall also require an engineered design of the wall to be submitted prior to approval of a building permit. The Director may waive this requirement for open fencing not subject to failure in wind conditions.

c.            Exempt Fences Not Requiring a Permit

The following do not require a fence permit:

i.             A seasonal or temporary fence, up to six feet in height, constructed of lightweight wire, or vinyl-or plastic-coated wire, which is installed immediately adjacent to a garden, ornamental tree, or other landscaping for the sole purpose of preventing damage from grazing wildlife.

ii.            Temporary fences used to secure or protect construction sites or open excavations. Such fences shall be six feet in height unless a taller fence is necessary to safely secure the site.

iii.           Temporary fences used to contain, direct, or control crowds at outdoor events. Such fencing may be addressed through a Special Event permit if required.

iv.           Temporary fences constructed of wood, vinyl, plastic or cloth-like fabric and installed during the winter snowfall season for snow control.

v.            Open-mesh chain-link fences installed by a school or government agency on school or other publicly-owned or managed land to demarcate, enclose, or protect playing fields or equipment (including tennis courts or baseball field fencing and/or walls), outdoor pools, parks or playgrounds, or mechanical equipment. These fences may be installed to a maximum height of 10 feet, and a maximum height of 25 feet for batting backstops; however, fences and backstops in excess of six feet in height shall be required to obtain a building permit.

O.           Acceptable Fencing and Screening Materials.

1.            Fences and screening walls shall be constructed from durable, low-maintenance materials. Acceptable fence and screening materials shall include:

a.            Masonry (brick) with stucco or other acceptable finish, or constructed masonry units with an indigenous pattern or finish;

b.            Stone or rock;

c.            Wood;

d.            Wrought iron, welded wire, galvanized metal panels, and other manufactured metal;

e.            Recycled composite fencing;

f.            Chain-link fence constructed with round metal posts and top rail may be allowed (color shall be dark or natural, if coated) for fences within side and rear yards other than those required for screening;

g.            Other alternative materials that can withstand exposure to the weather, subject to review and approval by the Director; and

h.            Live vegetation hedges may be used in place of a fence or wall where appropriate.

P.            Prohibited Fencing and Screening Materials.

1.            Barbed wire, razor wire or concertina wire fences, electrified fences, and fence with embedded glass shards or utilizing sharp protrusions are prohibited unless required for security purposed by a government agency, for a use in an industrial zoning district, or for the containment of livestock.

2.            No fence, hedge, or wall over four feet in height shall be installed closer than 18 inches to the closest edge of a public sidewalk or walkway.

Q.           Construction Standards and Dimensions.

1.            Residential Districts. The following height and construction standards shall apply to all fences and screening walls in residential zoning districts:

a.            Solid fences in a front, yard that abut a public street, excluding public alleys, shall not exceed a height of four feet.

b.            Fences in rear yards, fences in side yards extending up to the front yard, and fences on double frontage lots shall not exceed a height of six feet. Any portion of a side yard fence extending beyond a front yard setback line shall not exceed a height of four feet, except that a fence that is less than fifty (50) percent opaque shall be permitted up to a height of six feet as approved by the Director.

c.            Fencing enclosing or protecting an athletic court (e.g., tennis court) may exceed six feet in height subject to the issuance of a building permit.

d.            In addition to the regulations set forth in this Paragraph, multifamily properties located in residential districts shall be subject to the regulations contained in Paragraph b below.

2.            Mixed-Use, Commercial, and Other Nonresidential Districts and Multifamily Properties. The following height and construction standards shall apply to all fences, berms, and screening walls in mixed-use, commercial, and other nonresidential zoning districts, and on all multifamily properties:

a.            Fences in a front yard that abut a public street, excluding public alleys, shall not exceed a height of four feet, except that a fence that is less than fifty (50) percent, opaque shall be permitted up to a height of six feet.

b.            Fences used or required for purposes other than for screening (e.g., security, or boundary fences) shall not exceed six feet in height.

c.            Screening shall be provided when multifamily, mixed-use, commercial, or other nonresidential development abuts the LDR or MDR zoning districts.

d.            Screening fences, berms, walls, and gates shall be constructed of materials and installed in such a manner to create a completely opaque screen through which no portion of the material being screened is visible.

e.            Berms shall be planted with vegetation to prevent erosion.

R.           Retaining Walls.

1.            All retaining walls shall be designed and constructed to resist and contain loads due to the lateral pressure of the material or slope to be retained, in accordance with accepted engineering practices.

2.            The construction and/or installation of a retaining wall in excess of 48 inches in height measured from the finished grade to the top of the wall shall require a building permit and require that the structural design be certified by a state-licensed professional civil or structural engineer.

3.            No retaining wall shall be constructed or installed that creates erosion or scarring.

S.            Maintenance.

1.            All fencing and screening shall be maintained as structurally safe and in good repair. For purposes of this Section, “in good repair” shall mean, without limitation, that paint on a fence is not peeling or excessively chipped or faded; that rot, rust, or corrosion is not prominent; that slats, bricks, stones, wire, posts or other fence material or equipment are not broken or missing; and/or that the fence is not leaning or falling down at an angle of five degrees or more from vertical. Vegetation growing on or supported by a fence shall be maintained in a healthy condition and shall be regularly pruned and trimmed to prevent the deterioration, collapse, or other structure failure of the fence or wall.

2.            Dilapidated, broken, structurally unsound, or unsafe fences or walls shall be removed or repaired upon written notice served by the Director. The notice shall specify the nature of all repairs or replacements needed to be undertaken and a reasonable time period by which such repairs or replacements shall be completed.

Section 14-63.    SIDEWALKS, TRAILS, AND MULTI-USE PATHWAYS

A.           Intent. The intent of the standards for sidewalks, multi-use pathways and trails is to assure a safe, convenient, and attractive pedestrian/bicycle system that minimizes conflicts between vehicles, bicycles and pedestrians.

B.           General Standards.

1.            Interconnected Network. A sidewalk network that interconnects all dwelling units with other dwelling units, non-residential uses, and common open space shall be provided throughout each development. Trails and sidewalks may be combined as multi-use pathways.

2.            Sidewalks Required. Sidewalks shall be constructed along both sides of streets in and adjacent to a subdivision, and shall be constructed to be separate and distinct from motor vehicle circulation to the greatest extent possible. Adjacent property owners shall be responsible for the maintenance of such sidewalks. A minimum one foot (1') separation shall be provided between a sidewalk and curb. When permitted by the City Engineer, combination curb, gutter and sidewalk will be allowed.

3.            Pedestrian Circulation. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where deemed appropriate by the City. Pavement markings, separators, signage, fencing and landscaping may also be required where necessary to promote circulation, screening, buffering and safety.

4.            Sidewalk Width. Sidewalks shall be a minimum of five (5) feet in width. Trails shall be a minimum of eight (8) feet in width. Multi-use pathways shall be a minimum of ten (10) feet in width.

5.            Sidewalk Location. Sidewalks, trails and multi-use pathways shall be located within the right-of-way unless otherwise authorized by the City Council.

6.            Sidewalk Materials. Sidewalks, trails and multi-use pathways shall be constructed of concrete, but may also include accents of brick, slate, and/or colored/textured concrete pavers, that are compatible with the style, materials, colors, and detail of the surrounding buildings. Asphalt shall not be used for sidewalks, trails or multi-use pathways.

7.            Sidewalks Constructed by Subdivider. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the City and, after installation or construction; they shall be subject to inspection and approval by the City. All required improvements shall be completed in accordance with the officially established grades, when possible.

8.            Location of Sidewalks, Trails or Multi-Use Pathways. Sidewalks, trails or multi-use pathways shall be provided between and within residential neighborhoods, nonresidential areas, open space areas, parks, schools, and other community facilities.

9.            Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals. (Refer to Americans with Disabilities Act [ADA] requirements.)

10.         Lighting. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.

Section 14-64.    UTILITIES AND EASEMENTS

A.           Sewers.

1.            Sanitary sewers.

a.            All residential, commercial and industrial uses located within the City's corporate boundaries which have human occupancy shall either have sanitary sewer served by the City, or a sewer system that has been specifically approved for the site by the City.

b.            The sanitary sewer system shall be connected to an existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built.

c.            Sanitary sewer lines are to be designed by profession civil engineers to ensure they are of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development.

d.            Plans and specifications of any proposed sewer system or treatment plant in accordance with the requirements of the City shall be submitted and approved by the City prior to the commencement of such construction.

e.            The locations and dimensions of existing sanitary sewer lines, and plans and profiles of proposed sanitary sewer lines, indicating depths and grades of lines, shall be indicated on construction plans submitted to the City for review and approval.

f.            Pretreatment of industrial discharge into the City's wastewater collection system and wastewater treatment plant shall be required if, in the opinion of the Utility Director, the concentration of such discharge results in shock loading or contains elements untreatable by normal City treatment methods.

2.            Storm sewers.

a.            Storm sewers shall be constructed throughout the entire subdivision to carry off water from all inlets and catch basins, and be connected to an adequate outfall.

b.            The storm water drainage system shall be separate and independent of the sanitary sewer system.

c.            All street widths and grades shall be indicated on construction plans submitted to the City, with runoff figures indicated on the outlet and inlet side of all drainage ditches and storm sewers and at all points in the street or storm water drainage ditch, and with proposed locations of all drainage easements indicated.

d.            When a drainage channel, retention/detention facility or storm water sewer is proposed, completed plans, profiles and specifications signed and sealed by a professional civil engineer shall be submitted showing complete construction details. Such plans require City approval.

B.           Potable Water.

1.            All residential, commercial and industrial uses located within the City's corporate boundaries, which have human occupancy, shall have potable water served by the City.

2.            The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built.

3.            The location and size of existing water lines and fire hydrants, plans and profiles of all proposed water lines and fire hydrants showing depths and grades of the lines, and detail design information of proposed water lines and fire hydrants shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.

C.           Electricity.

1.            All residential, commercial and industrial uses located within the City's corporate boundaries, which have human occupancy, shall have electric service provided for in accordance with City standards and policies.

2.            The electric system shall be of sufficient size and design to supply power to each structure or lot upon which a structure is to be built.

3.            The location and size of existing power lines, plans and profiles of all proposed power lines, and detail design information of proposed power lines shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.

D.           Natural Gas.

1.            All existing uses located within the City's corporate boundaries may elect to have natural gas service. If elected, gas shall be provided by the City.  All new developments shall connect to the City’s natural gas system.

2.            The natural gas system shall be of sufficient size and design to supply natural gas to each structure or lot upon which a structure is to be built.

3.            The location and size of existing natural gas lines, plans and profiles of all proposed natural gas lines, and detail design information of proposed natural gas lines shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.

E.            Fire hydrants. The subdivider shall install fire hydrants at street intersections and at other points as required by the City to meet adopted fire codes.

F.            Underground Utilities. The City may require that utilities to be located within a subdivision be placed underground.

G.           Flood prevention. No subdivision of land shall be approved unless the subdivision complies with all applicable ordinances, statutes and federal law pertaining to flood prevention. All subdivisions shall comply with the flood prevention provisions of Article 8 Protection of Flood Plains.

1.            It shall be unlawful for any person, due to excavation, fill work or grading, to impede, obstruct or otherwise divert the natural flow of surface waters on adjoining properties, or to cause surface waters on adjoining properties, or to cause surface waters to drain over and across adjoining property contrary to existing natural runoff and flow, without written permission to allow such in perpetuity from the owner of such adjoining tract.

2.            It shall be the responsibility of the owner, builder, developer, design engineer and architect to examine the property under construction and adjoining tracts prior to and during periods of construction and to provide such drainage facilities, at appropriate times, to ensure proper on-site and off-site drainage.

3.            When a tract or parcel of land is graded to a level that is higher or lower than the natural grade of adjacent property, or graded in any manner which may alter the natural flow of waters on such tract or on any adjoining tract, the person causing such alteration of natural grade or natural flow shall cause to be constructed, to the satisfaction of the City, ditches, swales, catchbasins, drains, retaining walls or other facilities necessary to protect adjoining tracts from erosion, overflow or accumulation of surface waters or any obstruction of the natural drainage of such adjoining tracts. A grading permit, based upon a set of grading plans approved by the City Engineer, issued by the City is required before the commencement of such work.

4.            Developers shall be required to participate in and/or provide on- and off-site drainage improvements deemed by the City as necessary to provide adequate drainage for the subdivision and to protect downstream areas from the hazards of flooding and high waters.

5.            Land located in a 100-year flood plain (1% chance of flooding) subject to periodic flooding, or that has inadequate drainage, may be subdivided only if improvements or structures are designed by a professional civil engineer so as to assure adequate flood proofing. Proposals for subdivision of land in such areas shall include engineering evidence that the proposed development will:

a.            Not unduly restrict or block the conveyance of flood water;

b.            Not result in any increase in height of flood water;

c.            Require residential structures to have the lowest floor (including basement) to be at least one (1) foot above such flood level or require nonresidential structures to be elevated or flood-proofed to at least one (1) foot above such flood level; and,

d.            Meet all zoning requirements for identified flood hazard areas.

6.            New or replacement water supply and/or sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

Section 14-65.    EASEMENTS, GENERAL

A.           Public Utility Easements. Though it is preferable to locate public utilities within public rights-of-way, easements may be required to locate facilities necessary to provide water, electrical power, natural gas, telephone, cable television and sanitary sewer services on private property. Storm sewers or open drainageways must not be constructed within utility easements unless specifically approved by the City.

B.           Drainage Easements. Any required drainage easements must be located and dedicated to accommodate the drainage requirements for the property within the subdivision boundaries and within the natural watershed in conformance with the City's Comprehensive Plan and the requirements of the City. Drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and such additional width as may be required for maintenance and adequate slopes necessary along the bank of the channel. Drainage easements shall also be provided for emergency overflow drainageways of sufficient width to contain within the easement stormwater resulting from a 100-year frequency storm event less the amount of stormwater carried in any enclosed drainage system. The needed width of drainage easements shall be substantiated by a drainage study and drainage calculations or other supporting evidence submitted to and approved by the City.

C.           Floodway Easements. Floodway easements may be required along natural drainageways and lakes or reservoirs. Floodway easements shall encompass all areas beneath the water surface elevation resulting from a 100-year (1%) frequency storm, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property.

D.           Restrictions on Use of Drainage and Floodway Easements. A suitable note on the subdivision plat must restrict all properties within the subdivision to ensure that drainage and floodway easements within the plat boundary shall be kept clear of fences, buildings, plantings and other obstructions to the operations and maintenance of the drainage facility, and abutting properties shall not be permitted to drain directly into such easements except by means of a drainage structure approved by the City.

E.            Easements Created Prior to Subdivision. All easements created prior to the subdivision of any tract of land must be shown on a subdivision plat of the land with appropriate notations indicating the name of the owner of such easement, the purpose of the easement, the facilities contained therein, the dimensions of the easement tied to all adjacent lot lines, street rights-of-way and plat boundaries, and the recording reference to the instruments creating and establishing the easement. Except for historic preservation easements, building setback lines must be established at least 30 feet from and parallel to the boundary of the easement. The subdivider shall obtain from the holder of any private easement within the plat to be crossed by proposed streets or other public easements an instrument granting to the public the use and benefit of the private easement for the construction, operation and maintenance of such public streets and easements. This instrument shall be delivered to the City at the time the final plat application is submitted for review. The subdivider shall also furnish the City with a letter from the holder of the private easement stating that arrangements for any required adjustments to pipelines, electrical transmission lines or other similar facilities have been made to the satisfaction of the holder of the easement.

F.            Multiple Installations within Easements. Easements shall be designed so as to provide efficient installation of utilities. Public utility installations shall be located as to permit multiple installations within the easements. The developer will establish final utility grades prior to utility installations.

G.           Underground Utilities. Any new telephone lines, electric lines, cable television lines and other like utility services shall be placed underground. The subdivider shall be responsible for complying with the requirements of this Section, and shall make the necessary arrangements including any construction or installation charges with each utility provider for the installation of such facilities. Transformers, switching boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities shall be placed underground or on the surface but not on utility poles, except as otherwise required by superseding law. Screening or fencing is required to the satisfaction of the City Council. Electric transmission and distribution feeder lines and necessary appurtenances thereto may not be placed above ground unless they are carrying greater than 115 kV. Such facilities shall be placed within easements or public streets, as therein provided, or upon private easements or rights-of-way provided for particular facilities.

H.           Street Lighting. Street lighting and associated underground street lighting supply circuits shall be installed by the developer(s).

Section 14-66.    EXTERIOR LIGHTING

A.           Intent. The intent of the lighting standards is to ensure that vehicle circulation areas, pedestrian areas, parking areas, public gathering spaces, and other areas have adequate outdoor illumination to provide safety at night, while limiting the negative impacts of outdoor lightining, excessive lighting, light pollution and light spillover on adjacent properties.

B.           General Applicability.

1.            The exterior lighting requirements apply to all new development and new buildings on previously developed lots unless exempted in paragraph 3 below.

2.            For nonresidential and multifamily developments, the applicant shall demonstrate compliance with this section through a detailed lighting and photometric plan submitted with applicable development application, building permit, and/or electrical permit requirements.

C.           Exemptions.

1.            Holiday Lighting

a.            Temporary winter holiday lighting illuminated from November 1 to March 1 is allowed in nonresidential zoning districts. Residential zoning districts may use holiday lighting any time of year.

b.            Holiday lighting shall not exceed one foot candle at any property line, except where the property line is adjacent to walkways, driveways, and streets

2.            Single-Family Dwellings.

a.            Soffit or wall-mounted lights with a light output of less than 1,000 lumens and permanently attached to single-family dwellings shall be exempt from the exterior lighting regulations, provided the lights do not exceed the height of the eave. Such lights shall be downcast and directed away from abutting properties.

3.            Outdoor Seating Areas.

a.            String lights located over an exterior dining or seating area of a commercial establishment shall be allowed provided such lighting does not exceed light spillover onto adjacent properties.

D.           Standard Applicable to All Development. The following standards apply to all development.

1.            Except in the RE, LDR, and MDR districts, sidewalks, internal pedestrian paths, and bicycle paths shall be lit with full cut-off shielded and downcast fixtures no more than 16 feet tall and providing consistent illumination of at least one foot candle on the walking surface.

2.            Lighting along public rights-of-way and landscaped areas for a specific development shall be designed uniformly.

3.            Light spillover onto adjacent properties shall not exceed one foot candle at any property line, except where the property line is adjacent to walkways, driveways, and streets.

E.            Parking Area Lighting.

1.            Pole Height

a.            Parking area lighting fixtures shall not exceed 25 feet in height.

2.            Shielding of Lights

a.            Parking area lighting shall be full cut-off shielded and downcast fixtures.

b.            The source of light on any fixtures on a nonresidential or mixed-use lot adjacent to a residential use or district shall be shielded from sight from all residential uses.

c.            Lighting fixtures for canopies or similar structures shall be flush-mounted or recessed above the lower edge of the canopy.

3.            Illumination

a.            Average illuminance values in commercial and multifamily parking areas shall be a minimum of two foot candles.

b.            Illuminance values in commercial and multifamily parking areas shall not exceed ten foot candles directly below the light(s).

c.            The acceptable uniformity ratio for lighted areas shall comply with recommended ranges adopted by the International Engineering Society of North America (IESNA) for low, medium, and high activity areas.

4.            Hours of Lighting

A maximum of 25 percent of the parking lot lighting fixtures may remain in operation from sundown to sunrise to provide necessary security. During such time period, the average illuminance values in paragraph 4.a do not apply.

F.            Building Lighting.

1.            Location and Direction

a.            Except for decorative lighting, building-mounted lights shall be installed so that all light is directed downward.

b.            Wall packs and similar lights shall be prohibited unless the cut-off angle effectively eliminates glare from beyond the property lines.

c.            Lights shall not exceed 1,600 lumens per fixture, or the equivalent.

2.            Decorative Lighting

Decorative lighting not exceeding 500 lumens per fixture, or the equivalent shall be permitted provided all light is cast against the building surface.

G.           Street Lighting.

1.            Street lights shall be installed by the developer for every new nonresidential or multifamily development, and for single-family developments containing more than ten (10) lots. Street lights may be required for other developments, if determined by the City that they are necessary to protect the public health, safety, and welfare of the site and/or surrounding neighborhoods, and/or to maintain a consistent pattern of development.

2.            At a minimum, street lighting shall be installed at intersections to provide adequate lighting for pedestrians.

3.            All fixtures shall be compatible with the character of the neighborhood and City as a whole as determined by the Utilities Director.

4.            All street lighting fixtures shall be full cut-off and designed to direct lighting below a 90-degree horizontal plane extending from the lowest point of the light source.

5.            All street lighting fixtures shall be designed and constructed to minimize or eliminate the direct visibility of the light source and so that they do not cast or reflect light on adjacent properties.

Section 14-67.    ARCHITECTURE

A.           Intent. The intent of the architecture standards is to promote attractive residential development and protect and enhance the character of the historic district – Corazon de Trinidad.

B.           Residential Architectural Standards. The following standards apply to residential structures within all Zoning Districts.

1.            All residential structures, requiring a building permit must have a roof pitch of equal to or greater than 6/12.

2.            All single-family dwelling units shall have a door facing the front yard (front door).

3.            All single-family dwelling units shall have a front porch facing the front yard, equal to or greater than 16 square feet.

4.            All residential structures, requiring a building permit must be have architectural design, scale, and massing that is consistent with the existing neighborhood character.

C.           Historic Preservation Architectural and Design Standards. The following standards apply to all structures in the HP- Corazon De Trinidad Zone District.

1.            A detailed set of architectural drawings must be included with all land development and building permit applications. In addition to building massing, location and design, said architectural drawings must indicate all proposed building materials, architectural detailing, color schemes, street furniture, landscaping and all other significant design features in accordance with the following architectural and design standards:

Use of the following materials on building façades is prohibited:

a.            smooth-faced concrete;

b.            (b) concrete block;

c.            (c) metal or vinyl siding; and

d.            (d) materials of similar nature to those listed above.

Examples of façade materials that are prohibited in the Corazon de Trinidad Historic District

Smooth-Faced ConcreteCorrugated MetalPre-Fabricated Metal Panels


2.            The principal materials used on building façades shall be indigenous to the Corazon de Trinidad National Historic District, particularly high quality brick, stone and/or wood.

Examples of façade materials that are indigenous to the Corazon de Trinidad Historic District

BrickStoneWood

Long blank walls are prohibited.

4.            Building façades shall be articulated by the use of architectural treatments characteristic of the Corazon de Trinidad National Historic District.

Examples of architectural treatments that are characteristic of the Corazon de Trinidad Historic District

5.            Building design must be characteristic of the Corazon de Trinidad National Historic District.

Examples of building designs that are characteristic of the Corazon de Trinidad Historic District

6.            Ground floor façades abutting public roads and/or parking lots shall feature display windows and entry areas on no less than sixty (60) percent of the horizontal façade length.

7.            Ground floor display windows must be internally lighted, must have a minimum height of four (4) feet and may not be more than three and one-half (3.5) feet above the adjacent sidewalk measured from the bottom of the window.

8.            Building façades shall have clearly defined customer entry areas that utilize distinguishing architectural features such as overhangs, recesses, arches, display windows and/or planters. Said entry areas must be located along a public sidewalk if possible.

Examples of storefronts and entry areas in the Corazon de Trinidad Historic District

9.            Mechanical equipment such as HVAC units, solar panels or similar equipment must be located out of public view. Architecturally appropriate parapets must be used to conceal all rooftop equipment. The height of said parapets shall not exceed fifteen (15) percent of the supporting wall.

10.         Overhanging eaves shall extend no more than three (3) feet past the supporting wall.

11.         Sloping roofs must not exceed the average height of the supporting walls. All sloping roofs must feature a gutter system that prevents snow, water and debris from falling onto any adjacent sidewalk or public space.

12.         No more than one curb cut will be allowed per building and curb cuts are not allowed for lots that abut alleys.

13.         The façade design and material composition of all accessory structures must be compatible with the façade design and material composition of the main building.

14.         All proposed street furniture and landscaping must be compatible with existing street furniture and landscaping in the District.

Examples of street furniture in the Corazon de Trinidad Historic District

D.           Historic structure preservation, restoration and rehabilitation.

1.            No historic structure located in the District may be demolished or otherwise removed unless said historic structure has been certified as both structurally compromised and irreparable by a structural engineer licensed in the State of Colorado.

2.            The application of a mural(s), either painted, tiled or applied in any manner whatsoever to a building identified as a contributing structure in the El Corazon de Trinidad Historic District is prohibited in order to preserve the historical significance of the District for the benefit of the community now and into the future.

3.            Removal or alteration of any original architectural feature on an historic structure in the District is prohibited unless said architectural feature has been certified as both structurally compromised and irreparable by a structural engineer licensed in the State of Colorado. Significant architectural details include, but are not limited to:

a.            Roofs

b.            Exterior Walls

c.            Pediments

d.            Cornices

e.            Windows and Window Frames

f.            Belt Courses

g.            Transoms

h.            Piers

i.             Columns

j.             Doors

k.            Kickplates

4.            Repairs made to historic structures in the District must be made in accordance with the Secretary of the Interior’s Standards for Rehabilitation:

The Secretary of the Interior's Standards for Rehabilitation

The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

a.            A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

b.            The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

c.            Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding features that create a false sense of historic development or architectural elements from other buildings, shall not be undertaken.

d.            Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

e.            Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

f.            Deteriorated historic features shall be repaired rather than replaced, where possible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

g.            Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

h.            Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

i.             New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

j.             New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Section 14-68.    RESERVED.


Section 14-69.    RESERVED.


Section 14-70.    RESERVED.

ARTICLE 6.          ANNEXATION

Section 14-71.    ANNEXATION PURPOSE

The purpose of this Article is to establish a procedure to bring land under the jurisdiction of the City in compliance with the Colorado Municipal Annexation Act of 1965, C.R.S. 31-12-101 et seq., as existing or as hereafter amended (“Annexation Act”). This Article, in part, provides supplemental requirements for annexation pursuant to the Annexation Act, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirement set forth in other portions of this Code. In the event of a conflict between the act, the provisions of this Chapter or any requirements set forth in other portions of this Code, it is the expressed intent of the City Council that the more stringent provision shall control.

Section 14-72.    STATEMENT OF POLICY AND REVIEW CRITERIA

It shall be the general policy of the City with respect to annexations and the consideration of annexation petitions that:

A.           Annexation is a discretionary act. The City Council shall exercise its sole discretion in the annexation of territory to the City.

B.           The area proposed to be annexed is a logical extension of the City's boundary.

C.           The land to be annexed and the uses proposed for the land shall conform to the goals and strategies of the Trinidad Comprehensive Plan and to the land uses depicted on the Future Land Use Plan map.

D.           The development of the area proposed to be annexed will be beneficial to the City. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City.

E.            All rights of way or easements required by the utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to the Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements.

F.            Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the City in order that the public needs may be served by such facilities. These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, school sites, fire and police station sites, and storm drainage facilities. The annexation of lands to the City shall be shown not to create any additional cost or burden on the then-existing residents of the City to provide such public facilities in any newly annexed area.

G.           The petitioner for annexation shall be responsible for paying the City's full cost for processing the annexation petition, from initial discussion with the City staff before submittal of the petition, through the approval and recording of the final annexation documents.

H.           Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels. (For example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property.)

I.             All subsurface (nontributary) water rights shall be deeded to the City at the time of annexation.

J.            The applicant is responsible for having a representative at all meetings where the request is reviewed. Failure to have a representative present may be cause to have the item continued from the agenda of that meeting.

Section 14-73.    ELIGIBILITY FOR ANNEXATION

Eligibility for annexation shall be determined by conformity with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended and as determined by the City Council in its sole discretion.

Section 14-74.    ANNEXATION PROCEDURE

Annexation petitions shall be processed and considered as follows:

Step 1: Annexation Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required to determine the feasibility of the annexation request.

Step 2: Annexation Petition and Application Submittal. The applicant shall submit a complete annexation application to the Planning Division that shall include the following items:

A.           Annexation Petition:

One digital copy of the forms, maps, letters and documents listed in Subsection (b) below are to be delivered to the Planning Division with the appropriate fees. The name or title of the proposed annexation on all documents and maps must be consistent.

B.           Annexation Application:

1.            Land Use Application Form.

2.            Development Review Fee.

3.            Completed Annexation Review Process Public Information Guide Checklist.

4.            Proof of Ownership. The applicant shall submit proof of ownership with an effective date no more than (30) thirty days prior to the date of submittal of the annexation petition. Ownership must match the ownership listed in the petition. If the legal description of the area to be annexed as shown on the annexation map does not match the legal description of the property owned, because of road rights-of-way or other reasons, then the proof of ownership must certify that the property owned is wholly contained within the described area on the annexation map. If the applicant is not the owner, there shall be provided, in addition to the title commitment naming the owner as the insured, a notarized affidavit by the owner stating the applicant is authorized by the owner to make application for annexation. The applicant is to provide a digital file of the legal description contained in the proof of ownership.

5.            Letter of intent. The applicant shall provide a letter of intent addressed to the City Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the City Council, requesting annexation of the petitioner's property and describing the development plans for the property, if it is annexed.

6.            Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names and 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.            Petition for Annexation. The applicant shall submit a petition for annexation complying with the requirements of Section 31-12-107, C.R.S. The City's standard form petition shall be utilized. Any deviation from the standard form petition will require review and approval by the City Attorney before the City accepts the petition for processing. The petition shall contain the following statements:

a.            An allegation that it is desirable and necessary that the area be annexed to the municipality.

b.            An allegation that eligibility requirements and limitations have been met or addressed respectively.

c.            An allegation that the petitioners comprise the landowners of more than fifty percent (50%) of the territory included in the proposed annexation area (excluding streets and alleys).

d.            A request that the annexing municipality approve the annexation.

e.            If not already included, consent to the inclusion of the property into any special districts as appropriate.

f.            A waiver of any right to election pursuant to Section 28 of Article X of the Colorado Constitution before a district can impose property tax levies and special assessments.

g.            The dated signatures of petitioning landowners. Petition signatures must be signed within one hundred eighty (180) days of the date the petition is first submitted to the City Clerk.

h.            The mailing address of each signer of the petition.

i.             The full legal description of land owned by each signer of the petition (if platted, by lot and block; if unplatted, by metes and bounds).

j.             The affidavit of each petition circulator that each petitioner's signature is valid.

8.            Annexation Map. The annexation map shall bear the stamp and license number of a Colorado registered land surveyor and provide the following information:

a.            A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-mile radius.

b.            Show the outline of area to be annexed with boldest line.

c.            For all references, show book, page, map number, etc., and place where publicly recorded.

d.            Show all recorded and apparent rights-of-way lines of roads both within and without the periphery of land to be annexed; these roads are those which are adjacent, adjoining, contiguous, and/or coincident with the boundary. Provide all road names, right-of-way widths at each leg of an intersection, at the point of curve and point of tangent, at dead ends and at angle points; and right-of-way lines with accurate bearings and dimensions including chord lengths and bearings, central angles and radii of all curves. Whenever the centerline of a road has been established or recorded, the date and recording information shall be shown on the annexation map.

e.            Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City and the contiguous boundary of any other municipality abutting the area proposed to be annexed. A hatched boundary line shall be used to depict the boundary contiguous to the City.

f.            Show section, quarter section, and other monument corners. Display ties to section corners and to the state grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used. All dimensions are to be shown to the nearest 0.01' or in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts, or parcels shall have a closure accuracy of 0.1'.

g.            Provide a description of all monuments, both found and set, which mark the boundaries of the property and all control monuments used in conducting the survey.

h.            Show the location of each ownership tract in unplatted land, and if part or all of the area is platted, the boundaries and plat numbers of plots or of lots and blocks.

i.             Show the names and locations of all abutting subdivisions. The locations of all abutting unplatted parcels and public lands shall be depicted and designated as such.

j.             The ownership identity of all mineral rights shall be designated on the map.

k.            Show the purpose, widths, location (with fine dashed lines) and ownership of all easements and all abutting easements, including but not limited to utility, oil and gas gathering and transmission lines and irrigation ditches (fee or prescriptive). If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. The widths of all easements and sufficient data to definitively locate the same with respect to the parcel to be annexed must be shown. All easements must be clearly labeled and identified. If an easement shown on the annexation map is of record, its recorded reference must be given.

l.             All lines, names and descriptions on the annexation map which do not constitute a part of the annexation shall be depicted in dashed or screened lines. Any area enclosed by the annexation, but not a part thereof, shall be labeled "Not a Part of This Annexation."

m.          Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes or inlets on the affected property.

n.            Show clearly the length and bearing of all lines described in the written description.

o.           Show section numbers, quarter section quadrants, Township and range lines, and label each.

p.            Show all lines, calls, arcs, etc., described in written description.

q.            Circle or place an ellipse around each location where a detailed drawing will be provided, and provide designation for each detail such as "See Detail A."

r.            Show "Point of Beginning" in bold letters with an arrow.

s.            Show "True Point of Beginning" with bold letters and an arrow, when appropriate.

t.            A map note shall indicate the total perimeter of the annexation boundary, the continuous length to the existing City boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.

u.            City standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within Trinidad) followed by the owner's signature block(s) and notary block(s), one (1) for each owner or mortgagee.

v.            City’s standard surveyor’s certificate signed, dated and sealed by a licensed surveyor or engineer.

w.           City's standard certificate blocks for the City Council.

x.            City's standard recording certificate block for the County Clerk and Recorder.

9.            Concept Plan Map. The concept plan map shall be prepared by a qualified land planner or architect, shall conform to the drafting standards of the annexation map and shall contain the following:

a.            Show the boundary of the area to be developed;

b.            Written legal description of the area to be developed;

c.            Depict the general location of each proposed land use on the property and the percentage of the whole for each use. General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses. A table shall be used to list densities and land use by type, including the area of each, the density of residential development and the maximum and minimum lot sizes, and the maximum square footage of commercial and industrial buildings and the maximum and minimum lot sizes;

d.            Depict existing and proposed arterial and collector streets and their relationship to the principal land uses on the site;

e.            Depict existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;

f.            Show contour lines at ten-foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and

g.            Show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, tree galleries, lakes and ponds, irrigation ditches, watercourses and wetlands.

10.         Property Tax Statement. A copy of the prior year's property tax statement for all property to be annexed.

11.         Annexation Impact Report. An annexation impact report conforming to Section 31-12-108.5, C.R.S., is required for areas of ten (10) or more acres. The applicant shall provide a draft annexation impact report which will be completed in cooperation with City Staff. The final impact report shall contain the following information:

a.            A map or maps of the municipality and adjacent territory showing the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; the present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and irrigation and drainage ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and the existing and proposed land use pattern in the areas to be annexed;

b.            A copy of any draft or final pre-annexation agreement, if available;

c.            A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or for the municipality at the time of annexation;

d.            A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed (those municipal services supplied by the City);

e.            A statement identifying existing special districts within the area to be annexed; and

f.            A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

12.         Trinidad Comprehensive Plan compliance. The applicant is required to provide a narrative response to the series of questions related to the conformance of the project to the goals, and strategies identified in the Comprehensive Plan.

13.         Water rights. The applicant shall provide a "Water Rights Report" for the property prepared by a qualified water engineer or water attorney detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and not non-tributary groundwater). The applicant shall provide a signed warranty deed(s) for sufficient water rights to provide the domestic needs of property to be developed as a result of the annexation. In addition, the applicant shall provide a signed standard form warranty deed for the transfer of all subsurface (non-tributary) water rights to the City.

14.         Zoning of property to be annexed (optional). If zoning is requested simultaneously with annexation, the petitioner must submit a completed zoning application form, provide a zoning map for the property, a zoning amendment map amending the official zoning map and pay the application and recording fees. If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under the City's zoning code and zoning map within ninety (90) days of the completion of the annexation process.

15.         Annexation Assessment Report. The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the need for any expansion of these services and facilities to accommodate the development proposed for the property being annexed.

Step 3: Annexation Petition Certification and Completion. The petition for annexation or petition for election and all other documents submitted shall be reviewed by staff for completeness and compliance with the provisions of the Annexation Act and the Municipal Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the material submitted. An incomplete submission shall not be processed, nor referred to the City Council for a determination of substantial compliance.

Step 4: Annexation Petition Referral to City Council. Upon the staff's determination that the petition and supporting documentation are complete and in compliance with the provisions of the Annexation Act and the Municipal Code, the City Clerk shall refer the petition to the City Council as a communication.

Step 5: City Council Determination of Substantial Compliance. The City Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Annexation Act.

A.           If the petition is found to be in substantial compliance with the Annexation Act, the City Council may, by the adoption of a Resolution of Substantial Compliance, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than thirty (30) days nor more than sixty (60) days from the effective date of the resolution, subject to compliance with Section 31-12-108, C.R.S.

1.            Notice of the public hearing for annexation set by the Resolution of Substantial Compliance shall be given in accordance with Section 31-12-108, C.R.S.

2.            A copy of the published notice, together with a copy of the adopted Resolution of Substantial Compliance and the petition as filed, shall be sent as required by Section 31-12-108, C.R.S., as existing or as hereafter amended.

B.           In the case of a "flagpole" annexation, the City shall also provide notice to abutting property owners as specified in Section 31-12-105 C.R.S., as amended.

C.           If the petition is found to not be in substantial compliance with the Annexation Act, no further action shall be taken, except that the determination shall be made by resolution adopted by the City Council.

Step 6: Refer Application. Upon acceptance of the annexation petition by the City Council, the annexation map and concept plan map shall be referred to the entities listed below:

1.            City Public Works Department.

2.            City Public Utilities Department.

3.            Purgatoire River Water Conservancy District.

4.            Colorado Department of Transportation.

5.            Trinidad School District No. 1.

6.            Entities Holding Franchises.

7.            Las Animas County Planning, as specified in any approved intergovernmental agreement.

8.            Any municipalities with which the City has an IGA, as appropriate.

9.            Additional interested entities as determined by the Director.

Step 7: Planning, Zoning, and Variance Commission Study.  At the next regularly scheduled Planning, Zoning and Variance Commission meeting, the annexation application shall be referred to the PZVC for study.

Step 8: City Council Public Hearing and Action on the Annexation.

A.           The City Council shall hold the public hearing on the petition for annexation and zoning, if requested in conjunction with the annexation, on the date and at the time set by the Resolution of Substantial Compliance. At the conclusion of the public hearing, the City Council shall adopt a resolution containing the findings of fact and conclusions, including:

1.            Whether or not the requirements of Sections 31-12-104 and 105, C.R.S. and this Article have been met;

2.            Whether or not additional terms and conditions are to be imposed; and

3.            Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.

B.           If the City Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-10 and 105, C.R.S., the annexation proceeding will be terminated.

1.            If the City Council finds the following:

a.            The annexation is in compliance with the requirements of Sections 31-12-104 and 105, C.R.S.;

b.            That an election is not required under Section 31-12-107(2), C.R.S.;

c.            No additional terms and conditions are to be imposed;

2.            The Council may annex the land by ordinance without election. The zoning of the property, if requested with annexation, shall be approved by separate ordinance. If the petition is for an annexation election, or the City Council determines that additional terms and conditions should be imposed upon the area proposed to be annexed, which are not agreed to voluntarily and in writing by the landowners, the Council shall make appropriate findings by resolution and order an election to be conducted in accordance with Section 31-12-112, C.R.S.

3.            If the annexation is approved by the eligible electors in accordance with Section 31-12-112, C.R.S., the City Council may by ordinance annex the land. In the event the annexation is not approved by the eligible electors or the vote is tied, the annexation proceeding will be terminated.

4.            If the City Council, in its sole discretion, finds that the annexation is not in the best interest of the City, it may deny the petition by resolution.

Section 14-75.    POST APPROVAL ACTIONS

A.           Within ten (10) days of the effective date of the annexation ordinance, the applicant shall submit to the City Clerk one (1) Mylar of the annexation map and concept plan map. The City Clerk shall file the annexation map and concept plan map for recording with the Las Animas Clerk and Recorder.

B.           In the event that zoning was requested with the annexation and approved by the City, the zoning ordinance and copies of the official zoning map amendment shall be recorded with the Las Animas Clerk and Recorder in the manner provided by Article 4 of the Trinidad Land Use Code. In the event that zoning was not requested with annexation, the City shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by Article 4 of the Trinidad Zoning Code.

Section 14-76.    ANNEXATION AGREEMENT

A draft annexation agreement shall be provided to the applicant by the City not less than four (4) weeks prior to the annexation public hearing before the City Council. If a property to be annexed is under multiple ownership, all of the owners must sign the final negotiated annexation agreement. If multiple properties are combined for annexation purposes, but each will be developed separately, separate annexation agreements are to be signed by each owner. The final document is to be signed by the applicant and made available to the Director not less than fifteen (15) days prior to the date of the public hearing.

Section 14-77.    DISCONNECTION

Property may be disconnected from the City pursuant to the procedures set forth in Colorado Revised Statutes 31-12-501 through 31-12-503, inclusive; provided, however, the City Council may in its sole and exclusive discretion approve, deny, or impose conditions upon any disconnection.

Section 14-78.    RESERVED.


Section 14-79.    RESERVED.


Section 14-80.    RESERVED.

 

ARTICLE 7.          SIGNS

Section 14-81.    PURPOSE

A.           The purpose of this Article shall be to define the types of signs which will be permitted in the various zoning districts and those which will be prohibited, the manner in which sign areas and dimensions will be measured, and exempting certain types of signs from this Article. It is further the intent of these regulations to:

1.            Promote the safety of persons and property by ensuring that signs do not create a hazard by:

a.            Confusing or distracting motorists; or

b.            Impairing drivers’ ability to see pedestrians, obstacles or other vehicles, or traffic directional signs;

2.            Promote the efficient communication of messages, and ensure that persons exposed to signs are not overwhelmed by the number of messages presented;

3.            Protect the public welfare and enhance the appearance and economic value of the landscape by avoiding visual clutter;

4.            Protect and enhance the visual impact of future development along the City’s gateways in accordance with the City’s Comprehensive Plan;

5.            Ensure that signs are attractive and compatible with adjacent property and prevent the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to size, brightness, reflectivity, bulk, or height;

6.            Enhance property values and business opportunities;

7.            Ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech; and

8.            Provide fair and consistent permitting and enforcement.

Section 14-82.    EXEMPTIONS

A.           The following signs are exempt from the permit requirements of this Article and are permitted in each zone district but, except as stated below, shall otherwise conform to the sign requirements of the zone district in which they are located. The term "signs" shall not include the following:

1.            Numbers used to identify street address.

2.            Flags, pennants.

3.            Window displays incorporating placards, pennants, merchandise, pictures or models or products or service.

4.            Works of Art.

5.            Temporary decorations or displays on buildings or structures that are displayed for a limited period of time and located so as not confuse or distract anyone using the right-of-way.

6.            Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way.

7.            Traffic or other official signs required by or specifically authorized for a public purpose by any law, statute or ordinance, by way of illustration and not limitation, including traffic or similar regulatory devices, legal notices, and other instructional or regulatory signs having to do with public health, safety, welfare or regulation.

8.            On-site traffic directional signs which do not exceed four (4) square feet per face and ten feet (10') in height displayed on private property for the safety and convenience of the public including signs to identify entrances, exit drives, parking areas, one-way drives, restrooms freight entrances, and the like.

9.            Signs over gas pumps provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face.

10.         Sign erected by the City.

Section 14-83.    SIGN DEFINITIONS

1.            Abandoned Sign is any sign that is located on the premises of a business that is no longer in operation thirty (30) days or more after the business ceases operations.

2.            Animated sign shall mean any sign or part of a sign which changes physical position by any movement, rotation or change of lighting.

3.            Awning sign shall mean a wall sign which is painted, stitched, sewn or stained onto the exterior of an awning. An awning is a movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.

4.            Building fascia shall mean that frontage of a building which faces and is parallel to a public or private street.

5.            Canopy sign shall mean a sign which is mounted on or beneath a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be partially supported by approved columns, poles or braces extended from the ground.

6.            Commercial use shall mean use of land upon which a structure may be located in a commercial zone district where such commercial use is permitted.

7.            Display surface or face shall mean the area of a sign structure for the purpose of displaying a message or advertising a product or service.

8.            Electronic message board shall mean a sign that is capable of displaying words, symbols, figures, still images, scrolling images, or moving images, including video and animation, utilizing a series or grid of lights that may be changed by remote or automatic means including cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic or other electronic media or technology.

9.            Flags, Pennants any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to, or appended on or from any structure, staff, pole, line, or framing.

10.         Flashing sign shall mean any directly or indirectly illuminated sign either stationary or animated, which exhibits changing natural or artificial light or color effect by any means whatsoever. Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.

11.         Flush wall sign shall mean any sign attached to or erected against the wall or parapet wall of a building or structure which extends no more than twelve inches (12") from the wall surface upon which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.

12.         Freestanding sign shall mean a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of the building, structure or other sign.

13.         Ground sign shall mean a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

14.         Illuminated sign shall mean a sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.

15.         Industrial use shall mean use of land upon which a structure may be located in an Industrial Zone District or PUD Zone District where industrial use is permitted.

16.         Off-premise sign (billboard) means a stationary sign located off the premises of the principle business or use conducted by the holder of the sign permit.

17.         Permanent sign shall mean a sign which is permanently affixed or attached to the ground or to any structure.

18.         Projecting wall sign shall mean any sign other than a flush wall sign which projects from and is supported by a wall or a building.

19.         Residential zone district shall mean any zone district where residential use is permitted.

20.         Rooftop sign shall mean a sign erected upon or above a roof or above a parapet wall of a building.

21.         Sign face shall mean the display of the sign upon, against or through which the message is displayed or illustrated.

22.         Sign with backing shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

23.         Sign without backing shall mean any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in, nor otherwise made a part of any larger display area.

24.         Temporary Sign shall mean any sign constructed of paper, vinyl, wood, metal or other comparable material intended for a limited period of time.

25.         Wall sign shall mean any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letters or devices affixed to the building wall with no background defined on the building wall.

26.         Wind driven sign shall mean any sign consisting of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.

27.         Window sign shall mean a sign which is applied or attached to the interior of a window, which sign can be seen through the window from the exterior of the structure.

28.         Works of art means a pictorial illustration containing no text which is applied directly to or incorporated in an exterior building wall or door.

29.         Yard signs are temporary portable signs constructed of paper, vinyl, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time. 

Section 14-84.    GENERAL REGULATIONS

A.           The following rules shall apply to signs in all zone districts:

1.            All exterior signs shall be permanent in nature, except signs permitted through the temporary permit review and approval process.

2.            Yard signs are portable signs that shall not exceed six (6) square feet per face, are limited to one (1) sign per lot, and designed or intended to be displayed for a limited period of time. Yard signs are only allowed in residential zone districts and shall not be illuminated. Such signs must be located on private property and only with the consent of the property owner.

3.            No sign shall be placed on government-owned property or right of way without permission of the appropriate governmental entity or on private property without permission of the owner thereof. Such signs shall be subject to immediate removal and confiscation by the appropriate governmental entity or private property owner.

4.            No sign shall be placed in the right-of-way (streets). Such signs shall be subject to immediate removal and confiscation by the appropriate governmental entity.

5.            Any sign attached to a tree, utility pole or to the face of another sign is prohibited.

6.            Rooftop signs and all other signs which project above the fascia wall, revolving and rotating signs, strings of light bulbs not permanently mounted on a rigid background, and posters are prohibited.

7.            Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.

8.            Freestanding signs shall be engineered to withstand a wind load of ninety miles per hour.

9.            All signs shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant metals.

10.         The Director or designee shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance or disrepair.

Section 14-85.    SIGN PERMIT APPROVAL REQUIRED

A.           Sign Permit Required. The erection, remodeling, relocation, repair or expansion of any sign, except for signs that are exempt from a permit in accordance with this Article shall require a sign permit from the Director or designee.

B.           Sign Permit Application. Applications for sign permits shall be made in writing on forms furnished by the City. The application shall contain:

1.            The location by street number and the legal description of the proposed sign structure;

2.            Names and addresses of the owner, sign contractor and erectors;

3.            Legible “to scale” plot plan which includes the specific location of the sign and setbacks to adjacent property lines and buildings;

4.            A detailed “to scale” drawing indicating the dimensions, materials, and colors of the proposed sign structure. A certification by a structural engineer may be required by the City for a freestanding or projecting sign;

5.            A graphic drawing or photograph of the sign proposed;

6.            A description of lighting to be used, if applicable;

7.            Landlord or property owner approval; and

8.            Sign permit fee and plan review fee as established by the current fee schedule.

C.           Sign Permit Review Criteria. The following review criteria will be used by the City to evaluate all sign permit applications:

1.            Sign meets the requirement of this Article;

2.            Sign conforms to the requirements of the adopted Building Codes;

3.            Sign conforms to size, height, material and location requirements of the Zoning Code for the zoning district in which it is located;

4.            Sign would not interfere with pedestrian or vehicular safety; and

5.            Sign would not detract from the character of an architecturally significant or historic structure.

D.           Appeal of Sign Permit Denial or Approval with Conditions. Any appeal of the Staff’s denial of a sign permit or approval with conditions shall be made to the Board of Appeals as provided in the Article 9 of this Code.

E.            Sign Inspection Procedure. Final approval of any sign as erected is contingent upon inspection of said sign for compliance with the approved sign application and plan within fourteen (14) days after erection.

1.            After the installation of the sign(s), the applicant shall schedule an inspection with the Planning Division.

2.            A Planning Division Official visits the site to ensure the sign(s) are installed in compliance with the approved sign application and plans.

3.            City approved plans are to remain on the job site during construction, and accessible for the Director or designee.

4.            The City shall have the authority to make periodic inspections of all existing signs for compliance with this Article.

Section 14-86.    TEMPORARY SIGN PERMITS

A.           Temporary Sign Permit Required. A temporary sign permit shall be required in order to erect, relocate, alter or repair any temporary sign, except for signs that are exempt from a permit in accordance with this Article.

B.           Temporary Sign Permit Application. All temporary signs shall submit a sign permit application containing the information and requirements specified in Section 14-85(B).

C.           Temporary Sign Permit Sign Standards. The City shall use the following standards to evaluate a temporary sign permit request:

1)            An approved temporary sign permit shall be issued for a period time at the discretion of City Staff but at no time shall be valid for more than ninety (90) days from the date of approval within the calendar year for which approval was issued.

2)            One location may display no more than one temporary sign at any time. For purposes of this Section, location means the area in which a business is authorized to be conducted, as set forth in the approved City business license for such business, or the total lot area of a lot used for residential purposes.

3)            Notwithstanding any other provision of this Article, the total area of a temporary sign shall not exceed eighteen (18) square feet.

4)            Wind driven signs are allowed only in commercial and industrial zoned properties. They shall not exceed 2 feet in width and 8 feet in height.

5)            Conformance with the sign permit review criteria per Section 14-85(C).

Section 14-87.    MEASUREMENT OF SIGNS

A.           The following rules shall apply to the measurement of signs in all districts:

1.            Total Surface Area. The total surface area of all existing and proposed sign faces shall be counted and considered a part of the maximum total surface area allowance.

2.            Signs with Backing/Background. The area of all signs with backing or a background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign, including all frames and backing.

Examples of sign with backing/background


3.            Signs without Backing/Background.  The area of all signs without backing or background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), logo or figure of similar character.

Example of sign without backing/background











4.            Height and Clearance.

a.            Freestanding and Awning Signs: The maximum height of a freestanding or awning sign shall be measured from the highest point of a sign to the ground surface beneath it.  When berms are used in conjunction with signage, the height of the sign shall be measured from the mean elevation of the fronting street.

b.            Wall Signs: The height of a wall sign shall be measured from the highest point of a sign to the lowest point.  No point of any wall sign shall be located higher than the wall to which the sign is affixed.

c.            Clearance:  Sign clearance is measured from the lowest point of a sign to the ground surface beneath it.

Example of sign clearance measurement



                                  


Section 14-88.    SIGN ILLUMINATION

A.           Sign illumination shall complement, not overpower, the overall composition of the site.

B.           Direct light source required. All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. When external light sources are directed at the sign surface, the light source must be concealed from pedestrians’ and motorists’ “lines of sight.”

Example of external light source measurement/location











C.           Signs must be illuminated in a way that does not cause glare onto the street and adjacent properties. Signs shall be lighted only to the minimum level for nighttime readability.

D.           All lighted signs shall meet all applicable electrical codes and the electrical components used shall bear the label of an approval agency. Additionally, electrical permits shall be obtained for electric signs.

E.            Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs.

F.            The use of individually-cut, back-lit letter signs is encouraged.

G.           No commercial sign within five hundred (500) linear feet of a pre-existing residential structure may be illuminated between the hours of 11:00 p.m. and 6:00 a.m. A residence shall be deemed “pre-existing” for purposes of this Section if it has a valid building permit in effect for construction of said structure or if construction of said structure was complete on or prior to the effective date of this Article.

Section 14-89.    LIMITATIONS BASED ON ZONE DISTRICT

Signs shall be permitted in the different zone districts as accessory uses in accordance with the regulations contained in this Article.

A.           Limitations in all zone districts:

1.            One (1) sign per one-family or two-family dwelling, provided such sign does not exceed two (2) square feet in area per face.

2.            One (1) sign per multiple-family dwelling, provided such sign does not exceed twenty (20) square feet in area per face and has only indirect illumination.

3.            One (1) sign during the first two (2) years of construction of a new subdivision, provided such sign does not exceed one hundred (100) square feet in area per face, and is unlighted and is located within that subdivision.

4.            One (1) sign per entrance to a subdivision or housing project provided such sign does not exceed thirty-five (35) square feet in area per face and has only indirect illumination.

5.            One (1) sign per child care center provided such sign does not exceed ten (10) square feet in area per face and is unlighted.

6.            One (1) sign per home occupation use. Such sign shall not exceed six (6) square feet in area per face and shall be unlighted.

B.           Limitations in any commercial or industrial zone district:

1.            Wall signs, projecting wall signs, window signs, canopy signs, freestanding signs and ground signs are permitted in any zone districts where commercial or industrial uses are allowed, subject to the following limitations and restrictions:

a.            Maximum area permitted shall be equal to two (2) square feet of sign area for every lineal foot of building fascia length.

b.            For the purpose of this subsection, the sign allowance shall be calculated on the basis of the length of the one building fascia, which is most nearly parallel to the street it faces.

c.            In the event the building occupies a corner lot and has frontage on two (2) public streets, the total allowance of both frontage shall be calculated to determine permitted sign area.

d.            In the event the building does not have frontage on a dedicated public street, the owner of the building may designate the one (1) building fascia which shall be used for the purpose of calculating the sign allowance.

e.            In all other cases, the sign allowance for a building may be distributed in any manner among its fascia except that no one fascia may contain more sign area than that provided in this Section.

2.            Electronic message boards are prohibited in all zone districts with the exception of the community commercial zone district. Any request for the installation of an electronic message board in the community commercial zone district must be approved through a conditional use permit granted by the Planning, Zoning and Variance Commission.

Section 14-90.    LIMITATIONS BASED ON TYPE OF SIGN

A.           Freestanding and Ground Signs:

In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations shall apply to all freestanding and ground signs:

1.            Size, height and location:

a.            Freestanding signs shall comply with the following requirements with respect to size, height and location:

REQUIREMENTS FOR FREESTANDING SIGNS

Maximum Height

Minimum Setback

Above Grade

From Street


Right-of-way Line

(feet)

(feet)

less than 30

0

30 - 42

5

42 - 55

10

b.            The maximum height permitted for any freestanding sign is fifty-five feet (55').

c.            Signs erected within fifty feet (50') (measured along the street right-of-way) of the intersection of a street with another street or a driveway, which exceed forty-two inches (42") in height, shall be set back at least fifteen feet (15') from the street right-of-way or shall maintain free air space between a height of forty- two inches (42") above the adjacent street elevation and a height of seventy-two inches (72") above said elevation.

d.            No freestanding or ground sign shall be erected within five feet (5') of any interior side lot line.

e.            Single-faced freestanding and ground signs shall be set back from the street right-of-way line according to the provisions of this Article. Any such setback shall be measured from the street right-of-way line at the street to which the sign face is most nearly parallel.      

f.            When any freestanding or ground sign is placed at a forty-five degree angle on property located at the intersection of two (2) dedicated streets, the required setback may be measured from either of the street right-of-way lines.

g.            All electrical service provided to freestanding signs or ground signs shall be underground.

B.           Projecting wall signs:

In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all projecting wall signs:

1.            Projecting wall signs shall not project over any public property, including public rights-of-way, more than three feet (3').

2.            Projecting wall signs shall not protrude past the curb face and shall have a seven foot (7’) head clearance.

3.            In addition, no projecting wall sign shall extend more than six feet (6') from the face of the building from which it is supported.

4.            Only materials as permitted by the International Building Code (I.B.C.) adopted by the City governing structural requirements shall be used in the manufacture and erection of projecting wall signs. The design and construction of electrical signs shall be in accordance with the requirements set forth by the National Electric Code and shall be approved by the Electrical Inspector.

5.            Illumination of a projecting wall sign may be both indirect and direct. However, illumination shall not exceed twenty-five (25) watts per bulb.

C.           Window signs:

In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all window signs:

1.            The area of a window sign shall be the area of a rectangle, square, triangle, portion of a circle, or any combination thereof, which completely encloses the sign or letters which are painted, attached or placed within three feet (3') of the interior of a window or that can be seen from beyond the property line.

2.            Maximum sign area permitted for window signs shall be as follows:

a.            Residential home occupation use, six (6) square feet.

b.            Commercial and neighborhood service use, forty percent (40%) of window area.

c.            Industrial use, forty percent (40%) of window area.

d.            In all cases, the sign allowance for any window area may be distributed in any manner among its windows except that the total window area for all signs may not contain more sign area than that provided by (b) above.

D.           Flush Wall Signs:

In addition to the limitations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all flush wall signs:

1.            Only one (1) flush wall sign is permitted per business, but may be constructed in one (1) or more parts. Where an establishment has additional exterior walls which are immediately adjacent to a street or thoroughfare (corner building), each such wall may have one (1) flush wall sign.

2.            The area of a flush wall sign shall be all that area within its borders which completely encloses the sign or letters which are attached to the face of the building. The background area of a sign shall not be included in sign area when such background is an integral part of the design of the building. The area of a primary flush wall sign may not exceed the maximum area set forth in this Section. The area of a secondary sign may not exceed fifty percent (50%) of the allowable sign area for the primary sign, except that the area of each secondary sign may be increased in the amount that the area of the primary sign is decreased.

3.            A flush wall sign in a commercial zone district may not project more than twelve inches (12") from the wall to which it is attached. Where one establishment shares a common wall with another, a flush wall sign may not be placed closer than one foot (1') to the adjoining establishment.

E.            Canopy signs.

In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, Section 14-89, the following limitations and regulations shall apply to all canopy signs:

1.            A canopy sign may have only one (1) row of letters no more than twelve inches (12") in height.

2.            A canopy sign must be placed so as to allow a minimum of seven feet (7') of head clearance.

3.            No canopy, with or without signage, shall extend above the roof line of any building. Under-canopy sign which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under-canopy signs which are parallel to the face of the building shall be a minimum of six (6) feet above grade and shall be deemed to be flush wall signs.

F.            Off-premise signs:

1.            Off-premise signs (billboards) are prohibited.

Section 14-91.    NON-CONFORMING SIGNS

A.           Definition of non-conforming sign: A non-conforming sign is any sign which either:

1.            On the effective date of Ordinance Number 3003, was lawfully erected in accordance with the provisions of any prior zoning regulations or sign code, but which sign does not conform to the limitations and regulations established by that ordinance thereto; or

2.            On or after the effective date of Ordinance Number [ ], was lawfully erected and maintained in accordance with the provisions of that Ordinance, but which sign, by reason of an amendment to said Ordinance after the effective date thereof, does not conform to the limitations established by the amendment to said Ordinance in the district in which the sign is located.

B.           Continuation of non-conforming signs:

1.            Legal nonconforming signs may be continued in operation and maintenance so long as such operation and maintenance neither: (1) increases the nonconformity of the sign; nor (2) requires discontinuation pursuant to subsection C. of this Section.

C.           Discontinuation of non-conforming signs:

1.            Termination of non-conforming signs shall be required in the event of the occurrence of any of the following:

a.            By abandonment - Abandonment of a non-conforming sign shall terminate immediately the right to maintain such sign.

b.            By violation of the Ordinance - Any violation of Ordinance Number [ ] subsequent to the effective date of said Ordinance or any amendment thereto, shall terminate immediately the right to maintain a non-conforming sign.

c.            By destruction or damage - A non-conforming sign or the structure supporting the sign that is damaged or destroyed to the extent of 50 percent or more of the replacement cost shall not be altered, replaced, or reinstalled unless it is in conformance with this Article.

d.            A non-conforming sign or the structure supporting the sign that is damaged or destroyed to the extent of less than 50 percent of the replacement cost shall comply with the following:

i.            Repairs shall return the sign to previous conditions prior to the damage, or shall bring the sign into conformance with this Article;

ii.            Repairs shall commence within 60 days;

iii.            Repairs shall be completed within six months.

Section 14-92.    ABANDONED, DAMAGED, DESTROYED OR HAZARDOUS SIGNS

A.           Abandoned sign - Definition:

An abandoned sign is any sign that is located on the premises of a business that is no longer in operation thirty (30) days or more after the business ceases operations.

1.            Abandoned signs:

a.            The owner of any property upon which an abandoned sign is located, shall be required to remove such sign within ninety (90) days of the abandonment.

b.            Notwithstanding Paragraph (a) of this Subsection, any person owning real property upon which an abandoned sign is located, who has received a notice directing removal of said sign by the Building Official pursuant to Section 14-100, shall be afforded an opportunity to petition the City Council to waive the provisions of Paragraph (a) on the basis of historical significance. Such petition must be filed with the City Clerk no later than thirty (30) days following the issuance of the Notice by the Building Official. The City Council may in its discretion waive the requirements of Paragraph (a) upon a finding that said sign has historical significance and ought to be preserved.

2.            Damaged, destroyed or hazardous signs.

Any sign which is damaged, destroyed or otherwise becomes hazardous or dangerous, constitutes a public nuisance. The owner of the property upon which such sign is located shall therefore be subject to the abatement procedures set forth in Sections 16-64, 16-65 and 16-67 of the Code of Ordinances.

Section 14-93.    ENFORCEMENT

A.           Should any person, firm or corporation actually begin the erection, construction or painting of a sign for which a permit is required by this Article without taking out a permit therefor, he/she shall be required to pay any fees for this purpose imposed by the City Council by ordinance.

B.           Penalty.

1.            Whenever a violation of any of the provisions of this Article, he/she shall notify the person responsible for the violation in writing and shall order the necessary corrections within a period of thirty (30) days.

2.            Failure to comply with any of the provisions of this Article shall constitute a misdemeanor, and upon conviction, is punishable by a fine of not more than 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 to exist shall be considered a separate offense.

C.           No permit shall be required for repairs that do not in any way alter the exterior appearance of a sign, or for repainting it the same color so as to keep such sign in good repair.

D.           The Building Inspector shall have the authority to allow repair, maintenance, printing and minor changes. The Building Inspector will make determination as to what areas of repair, maintenance, printing or minor changes require a permit.

Section 14-94.    EXCEPTION OR VARIANCE TO SIGN REGULATIONS

Consideration for the granting of an exception or variance from the provisions of this Article shall be in accordance with Section 14-48(B), Variance Review Process.

Section 14-95.    CORAZON DE TRINIDAD HISTORIC DISTRICT

A.           For properties that are located within the Corazon de Trinidad Historic District, the requirements of the Article shall apply to all land development projects in the District. In addition:

1.            A sign plan shall be included as part of all development proposals within the District;

2.            Signs for all uses within a given development project must be uniform in style, materials and illumination and be compatible with and respectful of the historic nature of the District;

3.            Sign location shall be limited to building surfaces, canopies, overhangs and behind storefront doors or display window glass. No freestanding and/or rooftop signs will be allowed in the District;

4.            Replication of Trinidad’s historic painted signs is strongly encouraged on all new development projects.

5.            Removal or destruction of painted ‘ghost’ signage on existing structures is prohibited.

Examples of signage that are characteristic of the Corazon de Trinidad Historic District


Section 14-96.    CREATIVE SIGN PROGRAM

A.           Purpose. The Creative Sign Program provides for property owners and businesses within the City to propose creatively designed signs. The intent of this process is:

1.            To encourage signs of high-quality materials and workmanship.

2.            To encourage signs of unique design that exhibit a high degree of imagination, inventiveness; and

3.            To provide a process for the application of creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs.

4.            To provide for increased allowances to the maximum sign area permitted.

B.           Creative Sign Permit Application and Review Process. All proposed Creative Sign Permits shall submit a sign permit application along with information and graphics required to demonstrate conformance with the design criteria. A completed application shall be referred to the Corazon de Trinidad Creative District for review and approval.

C.           Approval Authority. A sign permit application for a creative sign shall be subject to approval by the Director or designee.

D.           Design Criteria. In approving an application for a creative sign, the Director or designee shall ensure that a proposed sign meets the following design criteria:

1.            Design quality. The sign shall:

a.            Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

b.            Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and

c.            Demonstrate conformance with Historic Preservation Architectural and Design Standard for the Corazon de Trinidad Historic District.

d.            Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.

2.            Contextual Criteria. The sign shall contain at least one (1) of the following elements:

a.            Classic historic Corazon de Trinidad design style;

b.            Creative image reflecting current or historic character of the Trinidad.

c.            Symbols or imagery relating to the entertainment or design industry; or

d.            Inventive representation of the use, name or logo of the structure or business.

3.            Architectural Criteria. The sign shall:

a.            Utilize or enhance the architectural elements of the building;

b.            Be placed in a logical location in relation to the overall composition of the building's façade; and

c.            Be integrated within and not cover any key architectural features and details of the building façade.

4.            Multiple Signs. Where more than one sign is proposed, all signs should have designs that incorporate the following design elements in a compatible and coordinated fashion:

a.            Letter style of copy and components;

b.            Type of construction materials;

c.            Lighting; and

d.            Method used for supporting sign (e.g., wall or ground base).

5.            Sign Materials. The goal of sign design is to maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials and the workmanship in the use of materials should convey both a sense of quality and creativity.

Section 14-97.    Murals.
A. Mural Application Process for Murals within the Community Commercial, Historic Preservation and Neighborhood Services Business Districts of the City Of Trinidad (Not Residential) (Ord. 3017, Enacted 4-30-21.)

1.  Prohibitions:


a.            For a building that would otherwise qualify, no murals will be allowed on the fronts of buildings within the City of Trinidad;  

b.            Murals shall not be applied to any contributing buildings in the Corazon de Trinidad Historic Preservation District;

c.            Murals shall not advertise for goods or services sold for a business within the building to which the mural is applied or affixed;

d.            Murals shall not contain political messaging or advertising;

e.            Murals shall not advertise for goods or services provided elsewhere, similar to a billboard;

f.            A mural may not occupy more than fifty percent of a building façade, or two hundred square feet, whichever is less; 

g.            Murals shall not contain hate speech, symbols of speech of hatred, words or symbols designed to elicit a violent response or incite a riot, pornography, or contain other forms of speech or communication that are exceptions to First Amendment (U.S. Constitution) rights to Freedom of Speech (as well as Article II, section 10 to the Colorado Constitution also granting Freedom of Speech);  

h.            Murals shall not contain images or language that is discriminatory, or that in any way contains a message of a discriminatory nature.  A message is of a discriminatory nature if its content seeks to overtly or implicitly discriminate against any person or group based on race, color, gender or gender identity, sexual preference or orientation, age, national origin, disability, religion, ancestry or any other legally recognized and protected class.         

 

2.  Applications:


Mural application forms can be obtained in City Hall, specifically at the City Planner’s Office.  An application for a mural shall be filed with the City Planner’s Office.  In addition to the application form, a mural application shall include: 

a.        Payment of a $350.00 mural application fee; 

b.        Contact information of the building owner and/or landlord, and if there is a business owner that is also involved in the decision to apply a mural, the business owner’s contact information;

c.        The contact information for the responsible party for, and for the maintenance of, the mural, and the party who is commissioning or hiring the muralist to create and apply the mural;

d.        The contact information for the muralist, and whether the muralist is reserving any rights with respect to the maintenance or preservation of the mural;

e.        A rendering, sketch or copy of the mural itself;

f.      A rendering or sketch of the location of the mural on the building, including the size and total surface area, elevation and placement information;

g.     Whether the mural is going to be painted, glued, or otherwise affixed to the  exterior surface of the building, and; 

h.     A description of the materials to be used, as well as a description of the colors that the mural will contain.  

3.   Application Process:


Upon the City Planner certifying that the application is complete in all material respects and the fees having been paid, the Planner shall:


a.      Transmit a copy of the application to the Building Department for review of the application as well as to inspect the premises where the proposed mural would be located, and to ensure that the proposal complies with all provisions of the Trinidad Building Code;  

b.     Refer a copy of the application to the Planning, Zoning and Variance Commission to also ensure compliance with the Trinidad Building and Zoning Code. 

c.      The City Planner shall also transmit a copy of the relevant portion of a mural application to the Trinidad Arts and Culture Advisory Commission and to the Historic Preservation Commission for suggestions or recommendations from those Commissions.  The involvement of those two municipal Commissions shall be for the purposes of making nonbinding recommendations with respect to the overall aesthetic of the proposed mural for the Arts and Culture Advisory Commission, and for compliance considerations for the Historic Preservation Commission, for the location in which the mural is proposed.  City Council, as the final authority and decision maker for a mural application, may consider the recommendations of these subordinate Commissions, but such recommendations are in no way binding upon City Council.


4.  Mural Design Standards: 


Once a mural has met all of the criteria previously set forth and has been approved by the relevant City Departments and Officials, the mural application shall be referred to City Council for consideration.            


In considering an application for a proposed mural, City Council shall require of an applicant for a proposed mural that:           


a.      The proposed mural be an original work of art;             

b.      The proposed mural be designed, constructed and/or applied under the supervision of a qualified artist/muralist or other qualified professional who has sufficient knowledge and experience in the design and execution of such projects, as well as with the application of the selected medium;

c.       The proposed mural shall exhibit excellence in design, content, material, and application while incorporating high-quality materials that will enhance the overall development and appearance of the site or location;

d.      The proposed mural shall be affixed, or securely attached to, the building or structure to which it is applied;

e.      The proposed mural shall be made of materials that are durable and weather resistant to prevent premature weathering, deterioration or other rapid change in appearance.  Also, that the materials for the proposed mural be appropriate for the outdoor location and climate;

f.       Mural materials utilized should be, but are not limited to, paint and other artistic mediums such tile or mosaic;

g.      Mural colors should be complementary and harmonious with the exterior colors of the building or structure;  

h.      The proposed mural design, location, scale, and content should be in keeping with and serve to enhance the building to which it is affixed as well as the surrounding area within which the proposed mural is situated, and;

i.       The proposed mural should add to the overall aesthetic of the area for which the mural is proposed. 

5.  Approval:

If a mural application is free of the prohibitions contained in Section 1 of this ordinance, complies with all municipal building and zoning requirements as determined by the specified City Departments and Officials, and meets the design criteria set forth in Section 4 of this ordinance, the mural application should be approved by City Council.  A mural application should not be denied based on the content of the mural, provided that the mural does not contain prohibited content.




Section 14-98.    RESERVED.


Section 14-99.    RESERVED. 

ARTICLE 8.          PROTECTION OF FLOOD PLAINS

Section 14-100. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

A.           Statutory Authorization.

The Legislature of the State of Colorado has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Trinidad, Colorado does ordain as follows:

B.           Findings of Fact.

1.            The flood hazard areas of Trinidad are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of tax base, all of which adversely affect the public health, safety, and general welfare.

2.            These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from damage also contribute to the flood loss.

C.           Statement of Purpose

It is the purpose of this ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

1.            To protect human life and health;

2.            To minimize expenditure of public money for costly flood control projects;

3.            To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.            To minimize prolonged business interruptions;

5.            To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6.            To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

7.            To ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.            To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

D.           Methods of Reducing Flood Losses

In order to accomplish its purposes, this ordinance includes methods and provisions for:

1.            Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2.            Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.            Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4.            Controlling filling, grading, dredging, and other development which may increase flood damage; and,

5.            Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Section 14-101. DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

100-Year Flood - A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years.

100-Year Floodplain - The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-Year Flood - A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years.

500-Year Floodplain - The area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Addition - Any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial Fan Flooding - A fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Area of Shallow Flooding - A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base Flood Elevation (BFE) - The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement - Any area of a building having its floor sub-grade (below ground level) on all sides.

Base Flood – The flood which has a one percent chance of being equaled or exceeded in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations. 

Channel - The physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization - The artificial creation, enlargement or realignment of a stream channel.

Code of Federal Regulations (CFR) - The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

Community - Any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional Letter of Map Revision (CLOMR) - FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical Facility – A structure or related infrastructure, but not the land on which it is situated, as specified in Section 14-136.1, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Development - Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DFIRM Database - Database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

Digital Flood Insurance Rate Map (DFIRM) - FEMA digital floodplain map. These digital maps serve as “regulatory floodplain maps” for insurance and floodplain management purposes.

Elevated Building - A non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing Manufactured Home Park Or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision-

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Register - The official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

FEMA - Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.            The overflow of water from channels and reservoir spillways;

2.            The unusual and rapid accumulation or runoff of surface waters from any source; or

3.            Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood Insurance Rate Map (FIRM) – An official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.

Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.

Floodplain or Flood-Prone Area - Any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain Administrator - The community official designated by title to administer and enforce the floodplain management regulations.

Floodplain Development Permit – A permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.

Floodplain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Control Structure - A physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing - Any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (Regulatory Floodway) - The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard - The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally Dependent Use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest Adjacent Grade – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure - Any structure that is:

1.            Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.            Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.            Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.            Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior or;

5.            Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Revision (LOMR) - FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F) – FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee – A man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Levee System - A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor - The lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.

Mean Sea Level - For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

Material Safety Data Sheet (MSDS) – A form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

National Flood Insurance Program (NFIP) – FEMA’s program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New Construction - Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

No-Rise Certification – A record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Civil Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical Map Revision (PMR) - FEMA’s action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Recreational Vehicle - means a vehicle which is:

1.            Built on a single chassis;

2.            400 square feet or less when measured at the largest horizontal projections;

3.            Designed to be self-propelled or permanently towable by a light duty truck; and

4.            Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area – The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of Construction - The date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure - A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.

Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:

1.            Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

2.            Any alteration of a "historic structure” provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Threshold Planning Quantity (TPQ) – A quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Variance - A grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).

Violation - The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation - The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Section 14-102. GENERAL PROVISIONS

A.           Lands to which this Ordinance applies: This ordinance shall apply to all areas of special flood hazards and areas removed from the floodplain by a Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the City of Trinidad, Colorado. 

B.           Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Trinidad, Las Animas County, Colorado, dated August 28, 2019, with an accompanying Flood Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at 135 North Animas Street, Trinidad, Colorado 81082. 

C.           Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. 

D.           Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.            Interpretation.

In the interpretation and application of this ordinance, all provisions shall be:

1.            Considered as minimum requirements: 

2.            Liberally construed in favor of the governing body; and 

3.            Deemed neither to limit nor repeal any other powers granted under State statutes.

F.            Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Trinidad, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

Section 14-103. ADMINISTRATION

A.           Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14-132(2). Application for a development permit shall be made on forms furnished by the City Engineer and/or Public Works Director and may include, but not be limited to:

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 

1.            Elevation in relation to mean sea level of the lowest floor (including basement) of all structures: 

2.            Elevation in relation to mean sea level to which any structure has been flood-proofed; 

3.            Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in Section 14-134(2)(b); and,

4.            Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. 

B.           Designation of the Floodplain Administrator

The City employee appointed as Floodplain Administrator shall administer, implement and enforce the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. 

C.           Duties & Responsibilities of the Floodplain Administrator

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.            Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by this Article.

2.            Review, approve, or deny all applications for Floodplain Development Permits required by adoption of this ordinance.

3.            Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

4.            Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

5.            Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this ordinance, including proper elevation of the structure.

6.            Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

7.            When Base Flood Elevation data has not been provided in accordance with this Article, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of this Article.

8.            For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the community.

9.            Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

10.         Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

11.         Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 

D.           Variance Procedure 

1.            Variance Board

a.            The Planning, Zoning and Variance Commission, as established by the City of Trinidad, shall hear and decide appeals of interpretations of FIRM boundaries and request for variances from the requirements of this ordinance. 

b.            The Planning, Zoning and Variance Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this ordinance.

c.            Those aggrieved by the decision of the Planning, Zoning and Variance Commission, or any taxpayer, may appeal such decisions to the City Council acting as the Board of Appeals. Decisions of Board of Appeals may be appealed to the District Court for the Third District Court as provided for by Colorado law. 

d.            In passing upon such applications, the Planning, Zoning and Variance Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

i.             the danger that materials may be swept onto other lands to the injury of others; 

ii.            the danger to life and property due to flooding or erosion damage;

iii.           the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

iv.           the importance of the services provided by the proposed facility to the community;

v.            the necessity to the facility of a waterfront location, where applicable;

vi.           the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

vii.          the compatibility of the proposed use with the existing and anticipated development; 

viii.         the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 

ix.           the safety of access to the property in times of flood for ordinary and emergency vehicles; 

x.            the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, 

xi.           the costs of providing governmental service during after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. 

e.            Upon consideration of the factors of Section 14-103(D)1(d) and the purposes of this ordinance, the Planning, Zoning and Variance Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

f.            The City Engineer and/or Public Works Director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

i.             Conditions for Variances 

(a)          Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items (i-xi) in Section 14-103(D)1(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases. 

(b)          Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places. 

(c)           Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 

(d)          Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 

(e)          Variances shall only be issued upon: 

(I)           a showing of good and sufficient cause; 

(II)          a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 

(III)         a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 14-103(D)1(d)) or conflict with existing local laws or ordinances. 

(f)           Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. 

Section 14-104. PROVISIONS FOR FLOOD HAZARD REDUCTION

A.           General Standards.  In all areas of special flood hazards, the following standards are required: 

1.            Anchoring

a.            All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. 

b.            All mobile or manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be: 

i.             over-the-top ties be provided at each of the two four corners of the mobile or manufactured home, with two additional ties per side at intermediate locations, with mobile or manufactured homes less than 50 feet long requiring one additional tie per side. 

ii.            frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile or manufactured homes less than 50 feet long requiring four additional ties per side; 

iii.           All components of the anchoring system be capable of carrying a force of 4,800 pounds and; 

iv.           any additions to mobile or manufactured home be similarly anchored. 

2.            Construction Materials and Methods 

a.            All new construction and substantial improvements shall be construction with materials and utility equipment resistant to flood damage. 

b.            All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 

c.            All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 

3.            Utilities 

a.            All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 

b.            New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

c.            On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

4.            Subdivision Proposals

a.            All subdivision proposals shall be consistent with the need to minimize flood damage; 

b.            All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 

c.            All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and 

d.            Base flood elevation data shall be provided for all subdivision proposals. 

B.           Specific Standards

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 14-102(B), Basis for Establishing the Areas of Special Flood Hazard or Section 14-103 Use of Other Base Flood Data, the following provisions are required: 

1.            Residential Construction

a.            New construction and substantial improvements of any residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation. 

b.            Openings in Enclosures Below the Lowest Floor 

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

i.             A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

ii.            The bottom of all openings shall be no higher than one foot above grade;

iii.           Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

c.            Below-Grade Residential Crawlspace Construction

New construction and substantial improvement of any below-grade crawlspace shall:

i.             Have the interior grade elevation, that is below base flood elevation, no lower than two feet below the lowest adjacent grade;

ii.            Have the height of the below grade crawlspace measure from the interior grade of the crawlspace to the top of the foundation wall, not to exceed four feet at any point;

iii.           Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood:

iv.           Meet the provisions of Section 14-104(A)1, Anchoring; Section 14-104(A)2,  , Construction Materials and Methods; and Section 14-104(B)1(b), Openings in Enclosures Below the Lowest Floor.

2.            Nonresidential Construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a.            be flood-proofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

b.            have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

c.            be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 14-103(A)(c).

3.            Mobile or Manufactured Homes

a.            Mobile or manufactured homes shall be anchored in accordance with Section 14-104-(A)(1)(b). 

b.            All mobile or manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the mobile or manufactured home is at least one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. 

c.            All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s FIRM on sites:

i.             outside of a manufactured home park or subdivision,

ii.            in an expansion to an existing manufactured home park or subdivision, or

iii.           in an existing manufactured home park or subdivision on which manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment’s and other service facilities (including ductwork), are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 

d.            All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

i.             The lowest floor of the manufactured home, electrical, hearing, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one foot above the base flood elevation or

ii.            The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

4.            Floodways

Located within areas of special flood hazard established in Section 14-102 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a.            Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b.            All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 14-104, Provisions for Flood Hazard Reduction.  

5.            Recreational Vehicles

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:

a.            Be on the site for fewer than 180 consecutive days,

b.            Be fully licensed and ready for highway use, or

c.            Meet the permit requirements of this Section, and the elevation and anchoring requirements for "manufactured homes" in subsection (c) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

Section 14-105. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)

Located within the Special Flood Hazard Area established in this Article are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

A.           Residential Construction

All new construction and Substantial Improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

B.           Nonresidential Construction

With the exception of Critical Facilities, outlined in Section 14-107, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Civil Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures. 

Section 14-106. PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

A.           Residential Construction

The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill.

B.           Nonresidential Construction

The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

Section 14-107. STANDARDS FOR CRITICAL FACILITIES

A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

A.           Classification of Critical Facilities

It is the responsibility of the City of Trinidad to identify and confirm that specific structures in their community meet the following criteria: Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.

1.            Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.

These facilities consist of:

a.            Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

b.            Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions);

c.            Designated emergency shelters;

d.            Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

e.            Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

f.            Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Trinidad City Council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Trinidad City Council on an as-needed basis upon request.

2.            Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

These facilities may include:

a.            Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

b.            Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

c.            Refineries;

d.            Hazardous waste storage and disposal sites; and

e.            Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Safety Data Sheet (SDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for SDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation “Designation, Reportable Quantities, and Notification,” 40 C.F.R. § 302 (2010) and OSHA regulation “Occupational Safety and Health Standards,” 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this ordinance, but exclude later amendments to or editions of the regulations

Specific exemptions to this category include:

a.            Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

b.            Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

c.            Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Article.

3.            At-risk population facilities include medical care, congregate care, and schools.

These facilities consist of:

a.            Elder care (nursing homes);

b.            Congregate care serving 12 or more individuals (day care and assisted living);

c.            Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);

4.            Facilities vital to restoring normal services including government operations.

These facilities consist of:

a.            Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

b.            Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to the Trinidad City Council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Trinidad City Council on an as-needed basis upon request.

B.           Protection for Critical Facilities

All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this ordinance, protection shall include one of the following:

1.            Location outside the Special Flood Hazard Area; or

2.            Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the Base Flood Elevation.

C.           Ingress and Egress for New Critical Facilities

New Critical Facilities shall, when practicable as determined by the Trinidad City Council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

Section 14-108. PENALTIES FOR NONCOMPLIANCE.

A.           No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulation.  Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. 

B.           Any person who violates this ordinance or fails to comply with any of tis requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Trinidad.  Nothing herein contained shall prevent the City of Trinidad from taking such other lawful action as is necessary to prevent or remedy any violation.  

Section 14-109. RESERVED.


Section 14-110. RESERVED.

 

ARTICLE 9.          BOARD OF APPEALS

Section 14-111. CITY COUNCIL DESIGNATED AS BOARD OF APPEALS

The City Council is designated as the Board of Appeals for the City of Trinidad pursuant to Section 8.5 of the Charter of the City of Trinidad.

Section 14-112. POWERS AND DUTIES

The City Council, in its capacity as the Board of Appeals, shall hear and decide appeals from decisions of the City Planning, Zoning and Variance Commission either granting or denying requests for variances and with respect to applications for a conditional use or special use permit, and from orders of the Building Inspector to repair or demolish buildings. All decisions shall be final. (Ord. 1632, eff., 6/30/00)

Section 14-113. APPEALS FROM PLANNING, ZONING AND VARIANCE COMMISSION - PROCEDURE

Any person aggrieved by a decision of the Planning, Zoning and Variance Commission granting or denying a variance request, or any officer or department of the City, may appeal such decision to the City Council. Any applicant for a conditional use, special use permit, or variance whose application has been denied or who is dissatisfied by conditions placed on their property by the Planning, Zoning and Variance Commission may appeal such decision to the City Council. Such appeal must be in writing and filed with the City Clerk no later than fifteen (15) days following the issuance of the decision by the Planning, Zoning and Variance Commission. The appeal shall contain, at a minimum, a brief statement setting forth the basis for the appeal. The City Clerk or City Manager shall schedule a hearing to be held no less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to the Appellant by the City Clerk, by causing a copy of such notice to be delivered to the Appellant personally or by mailing a copy thereof, postage prepaid, addressed to the Appellant at her/his address as shown on the appeal. Notice of such hearing shall also be published at least ten (10) days prior to the date of the hearing. 

Section 14-114. RESERVED.


Section 14-115. RESERVED.


Section 14-116. RESERVED.

 

ARTICLE 10.        VESTED PROPERTY RIGHTS

Section 14-117. PURPOSE

The purpose of this Article is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.

Section 14-118. DEFINITIONS

As used in this Article, unless the context otherwise requires:

A.           “Site specific development plan” means:

For all developments, the final approval step, irrespective of its title, which occurs prior to building permit application; provided, however, that if the landowner wishes said approval to have the effect of creating vested rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner must so request at least twenty (20) days prior to the date said approval is to be considered. Failure to so request renders the approval not a “site specific development plan,” and no vested rights shall be deemed to have been created. The City Council may by agreement with the developer designate an approval other than those described above to serve as the site specific development plan approval for a specific project. 

B.           “Vested property right” means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Notice and Hearing

No site specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the City’s option be combined with the notice required by Section 31-23-304, C.R.S., as amended, for zoning regulations, or with any other required notice. At such hearing interested persons shall have an opportunity to be heard. 

Section 14-119. APPROVAL - EFFECTIVE DATE AMENDMENTS

A site specific development plan shall be deemed approved upon the effective date of the City Council approval action relating thereto, as set forth in Section 14-143 above. In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the City Council specifically finds to the contrary and incorporates such finding in its approval of the amendment. 

Section 14-120. NOTICE OF APPROVAL

Each map, plat, or site plan or other document constituting a site specific development plan shall contain the following language:

“Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.” Failure to include this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the City.” 

Section 14-121. PAYMENT OF COSTS

In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan, shall pay, at the time of application, all costs incurred by the City as a result of the site specific development plan review according to Section 14-10 of this Code. Other Provisions Unaffected.

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property. 

Section 14-122. LIMITATIONS

Nothing in this Article is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Article shall be deemed to be repealed, and the provisions hereof no longer effective. 

Section 14-123. RESERVED.


Section 14-124. RESERVED.


Section 14-125. RESERVED. 

 

ARTICLE 11.        SEXUALLY ORIENTED BUSINESSES

Section 14-126. PURPOSE AND INTENT

The purpose and intent of this article is to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and design of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this article are not intended to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the intent of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material. 

Section 14-127. DEFINITIONS

Words and phrases used in this article shall have the following meanings ascribed to them: 

A.           Adult Arcade means any commercial establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image or virtual reality producing machines, for viewing by five or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, or other photographic, digital or electronic reproductions describing, simulating or depicting “specified sexual activities” or “specified anatomical areas.” 

B.           Adult Bookstore, Adult Novelty Store or Adult Video means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: 

1.            Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, digital video discs, CD-ROMs or other digital video media, video cassettes or video reproductions, slides, or other visual representatives however produced that depict or describe “specified sexual activities” or “specified anatomical areas”; or

2.            Instruments, devices, or paraphernalia, which are designed for use in connection with “specified sexual activities.” 

C.           Adult Cabaret means a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment that features: 

1.            persons who appear nude or in a state of nudity or semi-nudity; or 

2.            live performances that are characterized by the exposure of “specified anatomical areas” or by the exhibition of “specified sexual activities.” 

D.           Adult Motel means a hotel, motel or similar commercial establishment that offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, digital video discs, CD-ROMS or other digital video media, video cassettes, slides, or other media productions, however produced, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and which commercial establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of media production. 

E.            Adult Motion Picture Theater means a commercial establishment that is distinguished or characterized by the showing, for any form of consideration, or films, motion pictures, digital video discs, CD-ROMs or other digital video media, video cassettes, slides, or similar photographic reproductions, or more than one hundred (100) days per year, that have an “X” rating or that have an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.” 

F.            Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on exposure of “specified anatomical areas” or by “specified sexual activities.” 

G.           Commercial Establishment may have other principal business purposes that do not involve the depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe “specified sexual activities” or “specified anatomical areas.” The term “commercial establishment” includes clubs, fraternal organizations, social organizations, civic organizations, or other similar organizations with paid memberships. 

H.           Employee means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. 

I.             Establishment of a Sexually Oriented Business means and includes any of the following: 

1.            the opening or commencement of any such business as a new business; 

2.            the conversion of any existing business into a sexually oriented business; 

3.            the addition of a different sexually oriented business to any other existing sexually oriented business; or 

4.            the relocation of a sexually oriented business. 

J.            Foyer means an architectural element of a building that consists of an entry hall or vestibule that is completely enclosed and contains one door to provide access to areas outside of the building and a separate door to provide access to areas inside of the building. 

K.            Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a sexually oriented business license. 

L.            Licensing Officer means the City Clerk or her or his designee. 

M.          Manager means an operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business. 

N.           Nudity or Stat of Nudity means: 

1.            the appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or 

2.            a state of dress which fails opaquely and fully to cover human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.

O.           Nude Model Studio means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. 

P.            Operator means and includes the owner, license holder, custodian, manager, operator, or person in charge of any licensed premises. 

Q.           Peep Booth means a room, semi-enclosure or other similar area located within a licensed premises wherein a person may view films, motion pictures, digital video discs, CD-ROMs or other digital video media, video cassettes, slides, or similar photographic reproductions, which depict or describe “specified anatomical areas” or “specified sexual activities.” 

R.           Person means an individual, proprietorship, partnership, corporation, limited liability company, association, or other legal entity. 

S.            Premises or Licensed Premises means any premises that requires a sexually oriented business license and that is classified as a sexually oriented business, including parking lots and sidewalks immediately adjacent to the structure containing the sexually oriented business. 

T.            Principal Business Purpose means as to any establishment, having as a substantial or significant portion of its stock in trade the items listed in subparagraphs (a) and (b) of the definition of adult bookstore, adult novelty store, or adult video store above and having on the premises at least thirty percent of the establishment’s display space occupied by the display of the items described therein. 

U.           Principal Owner means any person owning, directly or beneficially:

1.            any membership or partnership interest in a limited liability company or limited liability partnership if such person has any legal control or authority over the management or operation of the entity; or 

2.            in the case of any other legal entity, five (5) percent or more of the ownership interests in the entity, except for shareholders, but including such shareholders who are corporate officers or directors or who otherwise have any legal control or authority over the management or operation of the entity. 

V.           Public Park an area of land owned by a governmental entity and intended to be used for recreational purposes, but not including any such land that contains no improvements and is intended only for open space purposes, and not including any such land that is intended for use only for pathway purposes. 

W.          Sexually Oriented Business  means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio. The definition of sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Colorado engages in medically approved and recognized sexual therapy. 

X.            Seminude or Seminudity means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices, which supporting straps or devices are used to support or enable the wearing of such clothing. 

Y.            Specified Anatomical Areas as used herein means and includes any of the following: 

1.            human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, that are not completely and opaquely covered; or 

2.            human male genitals in a discernibly turgid state even if completely and opaquely covered. 

Z.            Specified Criminal Acts means sexual crimes against children, sexual abuse, sexual assault, or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity, prostitution, or pandering. 

AA.         Specified Sexual Activities means and includes any of the following: (Ord. 1738, eff., 10-21-03)

1.            the fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; 

2.            sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 

3.            masturbation, actual or simulated; 

4.            human genitals in a state of sexual stimulation, arousal, or tumescence; or 

5.            excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition. 

BB.         Transfer of Ownership or Control of a Sexually Oriented Business means and includes any of the following: 

1.            the sale, lease, or sublease of the business; 

2.            the transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or 

3.            the establishment of a trust, management arrangement, gift or other similar legal device that transfer ownership or control of the business, including a transfer by bequest or operation of law. 

Section 14-128. LIGHTING REGULATIONS

A.           All off-street parking areas and premises entries of adult businesses shall be illuminated from dusk to closing hours of operation with a light system which provides an average minimum maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. 

B.           The interior portion of the premises of a sexually oriented business to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place (including peep booths) at an illumination of not less than five (5.0) foot candles as measured at the floor level. 

C.           Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every interior place to which patrons are permitted access to provide an illumination of not less than one (1) footcandle of light as measured at the floor level. (Ord. 1738, eff., 10-21-03)

D.           It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. 

Section 14-129. LOCATION OF SEXUALLY ORIENTED BUSINESSES AND DESIGN OF SAME

A.           It shall be unlawful to operate or cause to be operated a sexually oriented business outside of I-Industrial District.

B.           It shall be unlawful to operate or cause to be operated a sexually oriented business within five hundred (500) feet of:

1.            any church;

2.            any school meeting all requirements of the compulsory education laws of the State of Colorado; 

3.            an existing dwelling; 

4.            a public park; or 

5.            a licensed childcare facility. 

C.           It shall be unlawful to operate or cause to be operated a sexually oriented business on any property that has frontage on a street on which a school is located.

D.           It shall be unlawful to cause or permit the operation, establishment, or maintenance of a sexually oriented business within one hundred (100) feet of any other sexually oriented business.

E.            All exterior windows in a sexually oriented business shall be opaque to such an extent that interior objects viewed from outside shall be so obscure as to be unidentifiable. Exterior windows in sexually oriented businesses shall not be used for any display or sign except for a sign that complies with the requirements of Sections 14-89 through 14-104 of this Code. 

F.            All doors for ingress and egress to a sexually oriented business, except emergency exits used only for emergency purposes, shall be located on the front of the sexually oriented business. For purposes of this subsection, the front of a sexually oriented business shall be deemed to be that facade of the building that faces the front lot line of the lot or parcel on which the business is located. Every sexually oriented business shall have a foyer at every point of ingress or egress, except for emergency exits. In the case of a sexually oriented business having more than one front lot line, the sexually oriented business shall be oriented so that the front of the business faces away from the nearest of any of the land uses listed in subsection (1) above. 

Section 14-130. MEASUREMENT OF DISTANCE

A.           The distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business, or, in the case of a sexually oriented business operating within a condominium estate or leasehold estate, from the closest airspace boundary of such condominium estate or from the closest wall of such leasehold estate. 

B.           The distance between any sexually oriented business and any church, school, dwelling, public park or childcare facility shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the sexually oriented business to the nearest property line of the premises of a church, school, dwelling, public park or childcare facility. If the premises where the sexually oriented business is conducted is comprised of a condominium estate or leasehold estate, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest airspace boundary of the condominium estate or the nearest wall of the leasehold estate used as part of the premises where the sexually oriented business is conducted to the nearest property line of the premises of a church, school, dwelling, public park or childcare facility. 

Section 14-131. OTHER LOCATIONAL REGULATIONS

A.           Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of Section 14-174 will be permitted to continue for a period of six (6) months from the effective date hereof. 

B.           Upon application made by the owner of a sexually oriented business within four months of the effective date of this ordinance, and notwithstanding the provisions of subsection (1), the City Manager may, after a hearing to be held within 30 days of the application, grant an extension of time during which a sexually oriented business in violation of Section 14-174 will be permitted to continue upon a showing, by competent evidence, that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. At the hearing, the City Manager shall hear such statements and consider such evidence as the City Attorney, the owner, occupant, lessee, or other party in interest, or any other witness shall offer that is relevant to the issue of whether the owner of the business has had a reasonable time to recover the initial financial investment in the business. The City Manager shall make findings of fact, from the statements and evidence offered, as to whether the owner of the business has had a reasonable time to recover the initial financial investment in the business. If the City Manager grants an extension of time during which a sexually oriented business in violation of Section 14-174 will be permitted to continue, he or she shall issue an order to that effect, which states exactly the period of the extension. A copy of the order shall be mailed to or served on the owner within 30 days of the hearing. No extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover her/his initial financial investment in the business. A sexually oriented business in violation of Section 14-174 may continue during such extended period unless the business is sooner terminated for any reason, or voluntarily discontinued for a period of thirty (30) days or more. Such business shall not be enlarged, extended, or altered except that the business may be brought into compliance with this Article. In preforming his duties pursuant to this section, the City Manager may retain independent counsel to advise him with regard to any matter. 

C.           A sexually oriented business which at the time it received its sexually oriented business license was in compliance with the location requirements of Section 14-174 does not violate the section if when the sexually oriented business applies to renew its valid sexually oriented business license a church, school, dwelling, public park or childcare facility is now located within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid sexually oriented business license and does not apply to an application for a sexually oriented business license that is submitted as a result of the previous sexually oriented business license at the same location expiring or being revoked. 

Section 14-132. STAGE REQUIRED IN ADULT CABARET AND ADULT THEATER

Any adult cabaret or adult theater shall have one or more separate areas designated as a stage in the diagram submitted as part of the application for the sexually oriented business license. Entertainers shall perform only upon a stage. The stage shall be fixed and immovable and located inside the building in which the adult use operates. No seating for the audience shall be permitted within three (3) feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within three (3) feet of the edge of the stage. 

Section 14-133. CONDUCT IN SEXUALLY ORIENTED BUSINESS

A.           No licensee, manager or employee mingling with the patrons of a sexually oriented business, or serving food or drinks, shall be in a state of nudity. It is a defense to any prosecution for a violation of this subsection that an employee of a sexually oriented business exposed any specified anatomical area only during the employee’s bona fide use of a restroom or during the employee’s bona fide use of a dressing room that is accessible only to employees. 

B.           No licensee, manager or employee shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle the genitals, pubic region, buttocks, anus or breasts of any person. 

Section 14-134. EMPLOYEE TIPS

A.           It shall be unlawful for any employee of a sexually oriented business to receive tips from patrons except as set forth in subsection 3 of this section. 

B.           A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box. 

C.           A sexually oriented business that provides tip boxes for its patrons as provided in this section shall post one or more signs to be conspicuously visible to the patrons on the premises, in bold letters at least one inch high to read as follows: 

“All tips are to be placed in the tip box and not handed directly to employees. Any physical contact between a patron and employees is strictly prohibited.” 

Section 14-135. UNLAWFUL ACTS

It shall be unlawful for a licensee, manager or employee to violate any of the requirements of this Article, or knowingly to permit any patron to violate the requirements of this article. 

Section 14-136. EXEMPTIONS

The provisions of this article regulating nude model studios do not apply to:

A.           A proprietary school, licensed by the State of Colorado; a college, junior college, or university supported entirely or partly by taxation; 

B.           A private college or university that maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or 

C.           A business located in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and where no more than one nude model is on the premises at any one time. 

Section 14-137. REGULATION OF PEEP BOOTHS

It shall be unlawful for a person who operates or causes to be operated a sexually oriented business with peep booths to violate the following requirement of this section: 

A.           At least one employee must be on duty and situated at each manager’s station at all times that any patron is present inside the premises. The interior of the premises shall be configured in such a manner that such employee shall be clearly visible from every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the employee in at least one of the manager’s stations from each area of the premises to which any patron is permitted access for any purpose. The view required in this subsection must be by direct line of sight from the manager’s station.

The view area shall remain unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Code. 

B.           The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video display equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station. The view area shall remain unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Code. 

C.           No peep booth may be occupied by more than one person at any one time. 

D.           No door, two-way mirror, screen, opaque covering or other covering shall be placed or allowed to remain on any peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent peep booths.

Section 14-138. HOURS OF OPERATION

It shall be unlawful for a sexually oriented business to be open for business or for the licensee, manager or any employee of a licensee to allow patrons upon the licensed premises during the following time periods: 

A.           On any Tuesday through Saturday from 2:00 a.m. until 7:00 a.m. 

B.           On any Monday, other than a Monday that falls on January 1, from 12:00 a.m. until 8:00 a.m.

C.           On any Sunday from 2:00 a.m. until 8:00 a.m. 

D.           On any Monday which falls on January 1, from 2:00 a.m. until 7:00 a.m. 

Section 14-139. MINIMUM AGE

A.           Except for such employees as may be permitted by law, it shall be unlawful for any person under the age of twenty-one (21) years to be upon the premises of a sexually oriented business that operates pursuant to a type A sexually oriented business license. It shall be unlawful for any person under the age of eighteen (18) years to be upon the premise of a sexually oriented business. 

B.           It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of twenty-one (21) years, except for such employees as may be permitted by law, to be upon the premises of a sexually oriented business operated pursuant to a type A sexually oriented business license. It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of eighteen (18) years upon the premises of a sexually oriented business. 

Section 14-140. SIGNS FOR SEXUALLY ORIENTED BUSINESSES

In addition to complying with all other sign regulations of this Code, a sexually oriented business shall display a sign, clearly visible and legible at the entrance of the business, that gives notice of the adult nature of the sexually oriented business and of the fact that the premises is off limits to minors or those under the age of twenty-one (21) years, as the case may be. No signs for a sexually oriented business shall contain flashing lights, words, lettering, photographs, silhouettes, drawings or pictorial representations that emphasize specified anatomical areas or specified sexual activities. 

Section 14-141. RIGHT OF ENTRY

The application for an adult-oriented business license shall constitute the irrevocable consent of the licensee and the licensee’s agents and employees to permit the city police department or any other agent of the city to conduct routine inspections of any licensed adult business during the hours the establishment is conducting business. Such inspections shall be conducted in a reasonable manner, and only as frequently as may be reasonably necessary. 

Section 14-142. PENALTY PROVISION

Any person, firm or corporation, whether as owner, licensee, lessee, sublessee, occupant, or employee, violating any of the provisions of this article shall be deemed guilty of a Code violation, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued, or permitted; and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine, imprisonment, or both such fine and imprisonment, as set forth in Section 1-8 of this Code. 

Section 14-143. RESERVED.


Section 14-144. RESERVED.


Section 14-145. RESERVED.

 

ARTICLE 12.        RESIDENTIAL CULTIVATION OF MARIJUANA

Section 14-146. RESIDENTIAL CULTIVATION OF MARIJUANA

Section 14-146.1              Definitions

All terms concerning the medical use of marijuana shall take the meaning they are given in Article XVIII, Section 14 (1)(a)-(j) of the Colorado Constitution.

“Primary residence” shall refer to the place that a person, by custom and practice, makes their principle domicile; the address to which a person intends to return following any temporary absence or vacation. Residence is evidenced by actual daily physical presence, occupancy, and use for such domestic purposes as preparing and partaking of meals, slumber, and repose, and use of the residential address for purposes such as receiving mail, vehicular and voter registration, or credit, water, or utility billing. This definition shall include residences that are let, leased, or rented from one property owner to another person or persons.

Section 14-146.2              Limits on Medical and Recreational Use in Residences

A.           In addition to full compliance with the regulations of marijuana use found in the Colorado Constitution, applicable State law, and all other Ordinances of the City of Trinidad, all persons possessing marijuana plants in their residences in the City of Trinidad shall be bound by the following:

1.            There shall not be, on any property other than those licensed by the City of Trinidad for commercial possession of marijuana, any more than twelve (12) marijuana plants, no more than six (6) of which may be mature, flowering, and producing a usable form of marijuana.

a.            A person shall possess marijuana plants only in their primary residence.

i.             In no case shall a person’s allotment of marijuana plants be held on two (2) properties at once. In the case that a person has a debilitating medical condition which shall have been declared by the State of Colorado to allow them the medical use of marijuana, that person’s allotment of marijuana plants may be possessed in the primary residence of their primary care-giver.

b.            If a person resides on a property that they do not own, they must first obtain the written consent of the owner before possessing marijuana plants therein.

c.            A person may possess marijuana plants in accessory structures of their residence, but the restrictions of this ordinance still apply.

2.            The lawful possession and cultivation of marijuana shall be contingent upon the following:

a.            There shall be no visual, odorous, or auditory indication of said possession or cultivation, perceptible from any other residence, property, or right of way. This shall also prohibit signs to that effect;

b.            There shall not be undue vehicular or foot traffic, including excess parking, at the residence;

c.            There shall be no criminal activity, on or in the vicinity of the property, in any way related to the possession of marijuana plants thereon;

3.            The cultivated marijuana and marijuana plants shall not be accessible to any person under the age of twenty-one (21); it must be secured and under lock and key when any person under the age of twenty-one (21) is on the premises of the property.

a.            In the case that the primary care-giver is in possession of marijuana plants for more than one patient, each patient’s respective allotment must be demarked.

4.            No processing chemical or pressurized gas shall be used on the property to enhance or extract the tetrahydrocannibinol (THC) from marijuana.

5.            The Police Chief, or his designee, may inspect the residence of a person cultivating marijuana upon their permission (and the permission of the property owner, if they are not the same person), or upon receiving an inspection warrant duly issued by the Municipal Court Judge. Barring an emergency, any such inspection shall take place during reasonable hours and shall be for the purpose of verifying compliance with this ordinance.

6.            All cultivation of marijuana shall comply fully with applicable sections of Building, Fire Safety, and Health Codes, and with the requirements of officials enforcing such Codes.

7.            If the possession or cultivation of marijuana causes the need for the City of Trinidad to provide services above and beyond the standard requirements for the residence, or if it causes damage or wear which the City of Trinidad must repair, any such expenditures shall be the sole liability of the property owner.

8.            It shall be unlawful and a misdemeanor offense, punishable according to the penalties in section 1-8 of this code, for any person to violate any portion of this code, and a person shall be guilty of a separate offense for each day in which any violation of this Ordinance is committed or permitted.

a.            Violation of part (b)(i) and (b)(ii) of this section shall be established upon the official complaint of no less than three (3) residents of the neighborhood, given that said persons live within a two (2) block radius of the person against whom they are complaining, and that no two complainants live at the same residence. Violation may also be determined by the Police Chief, or his designee.

9.            Any ordinance or ordinances pertaining to public nuisances, either present or adopted later into the Code of the City of Trinidad, shall apply in a supplementary fashion to the restrictions in this ordinance on the medical and personal use of marijuana.  

ARTICLE 13.        MEDICAL MARIJUANA AND RETAIL MARIJUANA

Section 14-147. PURPOSES, INTENT AND OTHER LAWS

A.           The purposes of this Article are to implement the provisions of Article 43.3 of Title 12, C.R.S., known as the Colorado Medical Marijuana Code; to regulate the sale and distribution of marijuana in the interests of patients who qualify to obtain, possess and use marijuana for medical purposes under Article XVIII, Section 14 of the Colorado Constitution; and to implement the provisions of Article 43.4 of Title 12, C.R.S., the Colorado Retail Marijuana Code, which authorizes the licensing and regulation of retail marijuana businesses and affords the City the option to determine whether or not to allow retail marijuana businesses within its jurisdiction and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law. The intent of this Article is to establish a nondiscriminatory mechanism by which the City can control, through appropriate regulation, the location and operation of medical marijuana establishments and retail marijuana establishments within the City. Nothing in this Article is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable law. Compliance with the requirements of this Article shall not provide a defense to criminal prosecution under any applicable law.

B.           If the state adopts any stricter regulation governing the sale or distribution of medical or retail marijuana or their respective derivative products than those set forth in this Article, the stricter regulation shall control the establishment or operation of any medical or retail marijuana establishment in the City. A licensee may be required to demonstrate, upon demand by the local licensing authority, or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with applicable state regulation. If the state prohibits the sale or other distribution of medical or retail marijuana, any license issued under this Article concerning the type of marijuana subject to such prohibition shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress by the licensee. The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of medical marijuana or retail marijuana.

Section 14-148. DEFINITIONS

A.           The following words and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons have a 10% or more ownership interest in such entity, who is otherwise in control of the marijuana business. (Ord. 3008, Repealed and re-enacted, eff. 10/30/20)

Colorado Medical Marijuana Code shall mean Title 12, Article 43.3 of the Colorado Revised Statutes, as amended from time to time, and any rules or regulations promulgated thereunder.

Colorado Retail Marijuana Code shall mean Title 12, Article 43.4 of the Colorado Revised Statutes, as amended from time to time, and any rules or regulations promulgated thereunder.

Consumer means a person twenty-one (21) years of age or older who purchases marijuana or marijuana products for personal use by a person twenty-one (21) years of age or older, but not for resale to others.

Cultivation or cultivate shall mean the process by which a person grows a marijuana plant or plants.

Industrial hemp means the plant of the genus cannabis and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.

Good cause (for the purpose of refusing or denying a license or license renewal under this Article) means: (1) the licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this Article, of the Colorado Retail Marijuana Code or Colorado Medical Marijuana Code, as applicable, or of any rule and regulation promulgated under either Code, as applicable, or under this Article; (2) the licensee has failed to comply with any special terms or conditions that were placed on its license, whether state or local, at the time the license was issued, or that were placed on its license, whether state or local, in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) the licensee’s marijuana establishment has been found to have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the marijuana establishment is located. Evidence to support such a finding can include: (i) a continuing pattern of offenses against the public peace; (ii) a continuing pattern of drug-related criminal conduct within the premises of the marijuana establishment or in the immediate area surrounding the marijuana establishment; or (iii) a continuing pattern of criminal conduct directly related to or arising from the operation of the marijuana establishment.

License shall mean a document issued by the City officially authorizing an applicant to operate a marijuana establishment pursuant to this Article or, if required by the context, means a document issued by the state licensing authority pursuant to the Colorado Medical Marijuana Code or the Colorado Retail Marijuana Code, as applicable.

Licensee shall mean the person or entity to whom a license has been issued pursuant to this Article.

Licensed premises means the premises specified in an application for a license under this Article, which is owned or in possession of the licensee and within which the licensee is authorized to cultivate, test, manufacture, distribute, or sell retail or medical marijuana or retail or medical marijuana products in accordance with state and local law.

Marijuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

Marijuana accessories means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana establishment means a medical marijuana establishment or a retail marijuana establishment.

Medical marijuana establishment means a medical marijuana center, an optional premises cultivation operation or a medical marijuana-infused products manufacturer, as defined in the Colorado Medical Marijuana Code.

Medical marijuana-infused product means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed medical marijuana center or a medical marijuana-infused product manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S.

Retail marijuana establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer or a retail marijuana testing facility, as defined in the Colorado Retail Marijuana Code.

Retail marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, including without limitation to edible products, ointments and tinctures.

School shall mean a public or private preschool or a public or private elementary, middle, junior high or high school.

State shall mean the state of Colorado.

State licensing authority means the authority created by the state of Colorado for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale and testing of medical marijuana and retail marijuana in the State of Colorado pursuant to C.R.S. § 12-43.3-201.

In addition to the definitions contained in Subsection (a) of this Section, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 14, of the Colorado Constitution; Article XVIII, Section 16 of the Colorado Constitution; the Colorado Medical Marijuana Code or in the Colorado Retail Marijuana Code, and such definitions are hereby incorporated into this Article by this reference.

Section 14-149. LICENSING AUTHORITY CREATED

There shall be and is hereby created a Marijuana Licensing Authority hereafter referred to in this Article as the “Authority.”

Section 14-150. COMPOSITION OF THE AUTHORITY

The Authority shall be the City Council.

Section 14-151. FUNCTIONS OF THE AUTHORITY

A.           Subject to all other requirements of this Article and excepting any delegation of duty and authority, the Authority shall have the duty and authority pursuant to this Article to grant or deny licenses for marijuana establishments and to process applications for new licenses, renewals, transfers of ownership, modifications of premises and changes of location of an existing licensed business.

B.           The Authority shall have the power to: (i) promulgate rules and regulations concerning the procedures for hearings before the Authority; (ii) conduct hearings personally or to appoint and designate a Hearing Officer to conduct any hearing; (iii) require any applicant or licensee to furnish any relevant information required by the Authority; and (iv) administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing that the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by a district court of the state.

Section 14-152. LICENSE REQUIRED; TERM OF LICENSE; RENEWAL APPLICATION; TAXES

A.           It shall be unlawful for any person to operate any marijuana establishment within the City that has not been licensed by the state licensing authority and the City. It shall further be unlawful for any person to operate any marijuana establishment within the City without first having obtained from the Authority a license for the marijuana establishment. Such licenses shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to maintain a current state and City license shall constitute a violation of this Section.

B.           Any license issued by the Authority under this Article shall expire one year after it is approved.

C.           An application for renewal of an existing license shall be made on forms provided by the Authority. The City Clerk is authorized to administratively process and approve, conditionally approve or deny renewal applications.  The City Clerk shall not deny a renewal application unless credible evidence of good cause is presented.  The City Clerk may impose reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare or to obtain or ensure compliance with this Article, this Code and applicable state law. The City Clerk shall provide written notice of her/his decision, including the reason(s) therefor, by first-class, postage-prepaid U.S. mail to the Applicant at the address shown in the application. An Applicant may request an additional form of notification by electronic mail or other means, as specifically authorized by the Applicant on the Application. An Applicant whose renewal application is denied or conditionally approved may appeal the Clerk’s decision to the Authority by filing written notice of appeal with the City Clerk within ten (10) days of the date of mailing of the decision. The Authority shall conduct a hearing on such appeal in accordance with Section 14-209 of this Article. The standard of approval to be applied by the City Clerk as set forth in this subsection (c) shall also apply to the Authority’s review of the Application.

D.           At the time of the renewal application, each Applicant shall pay the appropriate fee(s) pursuant to Section 14-214.

E.            A licensee shall collect and remit monthly to the City, sales tax on marijuana, retail marijuana products, medical marijuana-infused products, paraphernalia and other tangible personal property sold at retail. A licensee shall also collect and remit any other taxpayer-approved tax, or any valid fee enacted by the City, pursuant to this Code or any state or federal code. All City sales tax, taxpayer-approved tax, or valid fee enacted by the City shall be submitted to the City by the licensee on a monthly basis, submitting the monthly amount due so that it is received in the Finance Office by the twentieth (20th) day of the following month. Any City sales tax, taxpayer-approved tax, or valid fee enacted by the City that is received by the City after the twentieth (20th) day of the following month will be subject to a five percent (5%) late fee. If the twentieth (20th) day falls on any weekend, holiday, or day when City Hall is not open, the amount will be due by the next closest day of business. (Ord. 3008, Repealed and re-enacted, eff. 10/30/20)

F.            A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the marijuana establishment, including, without limitation, a conditional use permit, a health department permit, and any development approvals or building permits required by any applicable provisions of this Code.

Section 14-153. APPLICATION REQUIREMENTS

A.           Prior to making an application for a license pursuant to the provisions of this Article, the person potentially seeking the license shall first attend at least one pre-application meeting with the City Manager and such other City staff designated by the City Manager. The purpose of the pre-application meeting is to advise the potential applicant as to the process for applications under this Article, to answer preliminary questions from the potential applicant, and to provide an opportunity to identify issues that might preclude the issuance of a license pursuant to this Article. A person seeking a license pursuant to the provisions of this Article shall submit an application to the City on forms provided by the City. As a part of any such application, the applicant(s) shall present for recording one (1) of the following forms of identification:

1.            An identification card issued in accordance with Section 42-2-302, C.R.S.;

2.            A valid state driver’s license;

3.            A United States military identification card; or

4.            A valid passport.

B.           The applicant(s) shall also provide the following information on a form provided by the City, which information shall be required for the applicant(s) and the proposed manager of the marijuana establishment:

1.            Name, address, date of birth, and other identifying information as may be required;

2.            If the applicant is a business entity, information regarding the entity, including without limitation the name and address of the entity, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable;

3.            A copy of the deed reflecting the applicant’s ownership of, or a lease reflecting the right of the applicant to possess, the proposed licensed premises;

4.            If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for the particular type of marijuana establishment proposed;

5.            Evidence of the issuance of a conditional use permit to conduct the proposed marijuana establishment at the proposed location;

6.            Evidence of the issuance of a license by the state licensing authority for the proposed licensed premises for the type of marijuana establishment proposed;

7.            If the marijuana establishment will be manufacturing or providing retail marijuana products or medical marijuana-infused products in an edible form, evidence, at a minimum, of a pending application for any food establishment license or permit that may be required by the state and/or Las Animas County;

8.            Evidence that all applicable fee(s) have been paid;

9.            A description of the projected demand on City utilities and measures relating thereto, including but not limited to:

a.            Projected water usage;

b.            Projected volume and content of discharge into the sewer system;

c.            Any proposed interceptor, filter or other device necessary to prevent harmful materials from entering the City sewer system; and

d.            An acknowledgement that the Applicant may be required to dedicate water rights to the City, or otherwise provide an approved alternative means of providing water to the licensed premises, if, in the judgment of the Authority, the projected or actual water usage exceeds the City’s capacity to serve.

10.         Any additional information that the City Clerk reasonably determines to be necessary in connection with the investigation, review and determination of the application.

a.            Upon receipt of a complete application, the City Clerk shall circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations. The Authority shall not act to approve, conditionally approve or deny an initial license Application until after the Authority has conducted a public hearing thereon in accordance with Section 14-209 of this Article. The Authority shall approve an Application upon a finding that the proposed business complies with the requirements of this Article, this Code and the Colorado Medical Marijuana Code and/or Colorado Retail Marijuana Code, as applicable.

b.            In a competitive application process in which there are more applicants than there are available licenses, the Authority shall have as a primary consideration whether an Applicant:

i.             Has prior experience producing or distributing marijuana or marijuana products pursuant to the Colorado Medical Marijuana Code or the Colorado Retail Marijuana Code; the number of state and local licenses for marijuana which the Applicant currently holds; the number of marijuana licenses or conditional use permits in any given geographic area; the benefit to the community and the public good; and

ii.            Has, during the experience described in paragraph (1) above, complied consistently with all applicable provisions of the Colorado Constitution, Colorado law, state regulations implementing such state laws, and this Code, as well as previous versions of the local ordinances and Codes regarding Marijuana regulation, as applicable.

iii.           The Authority shall determine which of the applicants shall proceed with an application for a Conditional Use Permit (CUP). Only the Applicant selected by the Authority may apply for a Conditional Use Permit in a competitive application process.

c.            The Authority may impose reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare or to obtain or ensure compliance with this Article, this Code, the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code, as applicable.

d.            After approval of an Application, the City Clerk shall not issue a license or license certificate until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the applicable provisions of this Article. After approval of an Application, the City Clerk shall not issue a license or license certificate until the Applicant provides written evidence that the Applicant has paid all applicable state and local fees due in connection with the Application. Each license certificate issued by the City pursuant to this Article shall specify the date of issuance, the period of licensure, the name of the licensee, and the premises licensed.

Section 14-154. DENIAL OF APPLICATION

The Authority shall deny any application that does not meet the requirements of this Article. The Authority shall deny any application that contains any false, misleading or incomplete information. The Authority shall deny an application for good cause. Denial of an application for a license by the Authority shall not be subject to further review but shall be subject to review by a court of competent jurisdiction.

Section 14-155. HEARINGS REQUIRED

A.           The Authority shall conduct a public hearing on any Application submitted under this Article for a new license or change of location of an existing licensed marijuana establishment and on any appeal of a decision on an Application rendered by the City Clerk in accordance with this Article.

B.           Notice of the hearing shall be posted and published once in a newspaper of general circulation within the City at least ten (10) days before the hearing. Such notice shall describe the type of Application submitted, the date of Application, the name and address of the Applicant, the names and addresses of the officers, directors, or manager of the facility to be licensed, the existing or proposed location of the marijuana establishment, as appropriate, and the date, time and place the hearing will be conducted. Posted notice shall be by a sign in a conspicuous place on the proposed licensed premises, which sign shall comply with the requirements of C.R.S. § 12-43.3-302(2).

C.           The Authority shall issue a written decision approving, conditionally approving or denying an Application requiring a public hearing within thirty (30) days of the conclusion of the hearing. The written decision shall state the reason(s) for the decision and be sent by certified mail to the Applicant at the address shown in the application. An Applicant may request an additional form of notification by electronic mail or other means, as specifically authorized by the Applicant on the Application. In addition, the Authority shall promptly notify the state licensing authority of its action on an Application for local licensure.

Section 14-156. TRANSFERS OF OWNERSHIP; MODIFICATION OF PREMISES

A.           The City Clerk is authorized to administratively process and approve, conditionally approve or deny Applications from existing locally-licensed marijuana establishments to transfer or change ownership or to modify the licensed premises. The City Clerk may elect to refer any application to the Authority for decision, even when such application is eligible for administrative approval, in her/his discretion.

B.           The City Clerk shall approve an Application filed pursuant to this Section unless credible evidence of good cause is presented or unless the Clerk refers the application to the Authority, as an exercise of his or her discretion, as authorized by Subsection A. above. The City Clerk may impose reasonable terms and conditions on the approval of an Application filed pursuant to this Section as may be necessary to protect the public health, safety and welfare or to obtain or ensure compliance with this Article, this Code and applicable state law.

C.           The City Clerk shall provide written notice of her/his decision, including the reason(s) therefor, by first-class, postage-prepaid U.S. mail to the Applicant at the address shown in the application. An Applicant may request an additional form of notification by electronic mail or other means, as specifically authorized by the Applicant on the Application. An Applicant whose Application is denied or conditionally approved under this Section may appeal the Clerk’s decision to the Authority by filing written notice of appeal with the City Clerk within ten (10) days of the date of mailing of the decision. The Authority shall conduct a hearing on such appeal in accordance with Section 14-209 of this Article. The standard of approval to be applied by the City Clerk as set forth in subsection (b) above shall also apply to the Authority’s review of the Application.

Section 14-157. LOCATIONAL CRITERIA AND NUMERICAL LIMIT ON RETAIL MARIJUANA STORES AND MEDICAL MARIJUANA CENTERS

A.           A marijuana establishment shall be operated from a permanent, fixed location and, except as further limited in this Section, within a zone district of the City that allows for the type of use(s) to be conducted by the marijuana establishment. No marijuana establishment shall be permitted to operate from a moveable, mobile or transitory location. The suitability of a location for a marijuana establishment shall be determined at the time of the issuance of the first license. The fact that later changes in the neighborhood occur that may render the site unsuitable for a marijuana establishment shall not be grounds to suspend, revoke or refuse to renew the license. No marijuana establishment shall be issued a license if, at the time of application for such license, the proposed location is within 1,000 feet of any school, as that term is defined by Section 14-202 of this Code.

B.           The distance limitation set forth in Subsection (a) above shall be computed by direct measurement in a straight line from the nearest property line of the lot used for a school to the nearest property line of the lot on which the new marijuana establishment is proposed to be located.

C.           Consistent with the other requirements of this Section, a marijuana establishment may locate within the following zone districts within the City as a conditional use upon obtaining the necessary conditional use permit in accordance with this Chapter 14: CC, Community Commercial; I, Industrial; and HP, Corazon De Trinidad Historical Preservation District. Location of a marijuana establishment in any zone district not listed in this subsection (c) is expressly prohibited.

D.           Retail Marijuana Cultivation Facility that exceeds 10,000 square feet shall only be allowed in the Industrial zone district north of Kit Carson Bypass/Exit 15 on Interstate 25.

E.            The locational criteria contained in this section shall apply to all proposed changes in the location of an existing license.

F.            Any provisions of this Code concerning home occupations notwithstanding, no marijuana establishment shall be located in any residential zoning district.

G.           No proposed retail marijuana store or medical marijuana center shall be issued a license or a conditional use permit, nor shall an application for a license or conditional use permit be accepted by the City Council or Planning, Zoning, and Variance Commission, if the proposed location, if approved, will exceed the maximum number of locations permitted in the City. The limitation of this paragraph on the maximum number of retail marijuana stores and medical marijuana centers shall not be applied so as to effect licenses or conditional use permits, in existence or applied for, as of May 1, 2016, nor the renewal of such licenses.

1.            The maximum total number of retail marijuana stores and medical marijuana centers when counted together in the City shall not exceed twenty (20) locations. The limitation of this paragraph on the maximum number of retail marijuana stores and medical marijuana centers shall not be applied so as to effect licenses or conditional use permits, in existence or applied for, as of May 1, 2016, nor the renewal of such licenses.

Section 14-158. MARIJUANA CULTIVATION OUTDOORS

A.           All marijuana cultivation which occurs outdoors or outside of any structure shall be limited to occur only in the City of Trinidad Industrial Park, properties zoned Agricultural, or properties which had conditional use permits for outdoor cultivation applied for or approved at the effective date of this ordinance.

Section 14-159. INSPECTION OF LICENSED PREMISES

During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Authority, the City Manager, Chief of Police, the Fire Chief, the Building Official, or the authorized representative of any of them, for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection, without delay, upon request.

Section 14-160. FEES

The following fees are required at time of application:

A.           For medical marijuana establishments:

1.            Annual Licensing Fee, non-refundable is $ 1,000 (due with initial application and with each subsequent renewal).

B.           For retail marijuana establishments:

1.            Annual operating fee, non-refundable is $ 1,000 (due with initial application and with each subsequent renewal).

C.           Cultivation Fee on Retail Marijuana:(Ord. 3052, Repealed and re-enacted, eff. 9/16/22)

1.    All retail marijuana cultivated inside the City limits of the City of Trinidad and transferred to a location outside of its corporate limits shall be subject to a 5% per pound fee due to the City for each cultivated pound produced in a Retail Marijuana Cultivation Facility based on the Average Market Rate as set by the Colorado Department of Revenue, or contract price in accordance with SB 18-259 and regulation 1 CCR 201-18 Section 39-28.8-302, of retail marijuana. This fee shall be dedicated to infrastructure maintenance, repair, replacement, expansion, or new infrastructure systems, to include City Utilities and Public Works. Said fee shall be due and payable monthly by the 20th of each month to the Department of Finance.

If in any month, a Retail Marijuana Cultivation Facility licensee transfers, as defined in Colorado state law, marijuana to a location outside of Trinidad’s corporate limits, payment of the City’s Cultivation Fee shall be paid to the City at a rate of 5% per pound on the Average Market Rate, measured to four decimal places. The filing of said fee shall be accompanied by the City’s remittance report and a copy of the State harvest and transfer reports (currently generated through metrc®). If no retail marijuana is transferred in a given month, submission of the monthly harvest and transfer reports is still required to be submitted to the City of Trinidad. Any Retail Marijuana Cultivation Facility that fails to submit the required reports each month or that fails to pay the Cultivation Fee in any month where a transfer has occurred, is in violation of this Article.

All Retail Marijuana Cultivation Facility licensees are required to provide the City Manager or his/her designee access to their operations for physical observation of the same and shall provide access to all financial and inventory records for auditing purposes. The reports submitted by licensees shall be confidential


2. All City sales tax, taxpayer-approved tax, or valid fee enacted by the City shall be submitted to the City by the licensee on a monthly basis, submitting the monthly amount due so that it is received in the Finance Office by the twentieth (20th) day of the following month. Any City sales tax, taxpayer-approved tax, or valid fee enacted by the City that is received by the City after the twentieth (20th) day of the following month will be subject to a five percent (5%) late fee. If the twentieth (20th) day falls on any weekend, holiday, or day when City Hall is not open, the amount will be due by the next closest day of business.


Section 14-161. PROHIBITED ACTS GENERALLY

It is unlawful for any licensee to:

A.           Permit the use or consumption, in any manner, of marijuana products on the licensed premises.

B.           Permit the consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises;

C.           Purchase or otherwise obtain marijuana, retail marijuana products or medical marijuana-infused products from a source that is not properly authorized under state and local law to sell or dispense the same;

D.           Dispense marijuana products to a person that is or appears to be under the influence of alcohol or under the influence of any controlled substance, including marijuana.

Section 14-162. ADDITIONAL OPERATIONAL LIMITATIONS

A.           No marijuana shall be given away, transferred, sold, or otherwise exchanged or transacted at a marijuana establishment, except to a person authorized to possess the same under the laws and Constitution of Colorado.

B.           Plants, products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. All products shall be in a sealed/locked cabinet except when being accessed for distribution.

C.           A marijuana establishment shall not exceed its projected demand on City utilities, as stated in its application, or as amended during the application process, without the written approval of the City Utilities Director, who shall issue such approval upon a finding that the proposed increase in demand will not compromise the City’s ability to safely and adequately serve all customers of the City utilities.

Section 14-163. OFF-SITE STORAGE FACILITIES PROHIBITED

It shall be unlawful to locate any off-site marijuana storage facility within the City.

Section 14-164. NONRENEWAL, SUSPENSION OR REVOCATION OF LICENSE

A.           The City Clerk may suspend, revoke or refuse to renew a license for good cause.

1.            Temporary-Summary Suspension.

a.            Where the City Clerk has reasonable grounds to believe and finds that a licensee has been guilty of a deliberate and willful violation of any applicable law or regulation or that the public health, safety or welfare imperatively requires emergency action and incorporates such findings in its order, it may temporarily or summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined.

b.            The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing shall be for a period not to exceed fifteen days.

B.           The City Clerk shall not suspend or revoke a license until after notice and an opportunity for hearing has been provided to the licensee. The hearing will be noticed and conducted in accordance with Section 14-155, and held by the Authority.

C.           The Authority shall not hold a hearing on a license renewal application unless a complaint has been filed concerning the licensee or there are allegations against the licensee that, if established, would be grounds for suspension, revocation or non-renewal under Subsection (a) of this Section.

Section 14-165. VIOLATIONS AND PENALTIES

In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including but not limited to any licensee, manager or employee of a marijuana establishment, or any customer of such business, who violates any provision of this Article, shall be guilty of a misdemeanor punishable in accordance with Section 1-8 of this Code.

Section 14-166. NO CITY LIABILITY; INDEMNIFICATION; NO DEFENSE

A.           By accepting a license issued pursuant to this Article, the licensee waives any claim concerning, and releases the City, its officers, elected officials, employees, attorneys and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers of the licensee for a violation of state or federal laws, rules or regulations.

B.           By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the marijuana establishment that is the subject of the license.

C.           The issuance of a license pursuant to this Article shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution or use of marijuana.

Section 14-167. DELIVERY PERMITTED.

Pursuant to sections 44-10-202(1), 44-10-203 (1) (c), 44-10-203(1)(k), 44-10-203(2)(h), 44-10-203(2)(n), and 44-10-203(2)(dd), C.R.S., and Rule 3-615 of the Code of Colorado Regulations, Marijuana Enforcement Division, and as may be subsequently amended, Medical Marijuana Centers (Stores), Retail Marijuana Stores, Medical Marijuana Transporters and Retail Marijuana Transporters shall be allowed to conduct deliveries to private residences within the City of Trinidad’s corporate limits after first obtaining the required Regulated Marijuana Delivery Permit from the State Licensing Authority. No permit shall be required from the City of Trinidad; however permittees will be subject to periodic local compliance checks. Licensees shall strictly adhere to all requirements of the state law and rules in operating under a Delivery Permit. A copy of the delivery permit issued by the State Licensing Authority must be submitted to the City Clerk upon issuance and renewal. All business conducted under a Delivery Permit within the City’s jurisdiction shall be subject to Section 14-165 of the Trinidad Municipal Code and/or the applicable State law(s) and regulation(s). (Ord. 3051, enacted 9/16/22)

Section 14-168. RESERVED.


Section 14-169. RESERVED.

 

ARTICLE 14.        CERTIFIED LOCAL GOVERNMENT

Section 14-170. HISTORIC PRESERVATION COMMISSION

A.           Establishment. There is hereby created a Historic Preservation Commission, hereinafter in this Chapter 14, Article 14 referred to as the Commission.

B.           Membership

1.            The Commission shall consist of five (5) members providing a balanced, community-wide representation, and all shall have an interest in historic preservation. The Commission shall have at least one (1) design professional, (1) licensed real estate broker and (3) members at large. Commission members shall not be members of the Trinidad City Council or a City Council Officer as defined in Section 2-16 of the Code of Ordinances.

2.            A majority of the voting members of the Commission shall be residents of the City of Trinidad for a minimum of one (1) year prior to appointment. The remaining member of the Commission must reside in Las Animas County and must either own property within the City and/or have a licensed business within the City.

C.           Appointments and Terms

1.            Members of the Commission shall be appointed by the Trinidad City Council and shall serve a three year staggered term from the date of appointment. In order to stagger the initial terms of membership the original membership shall serve as follows:

One (1) appointment shall serve a one-year term

Two (2) appointments shall serve two year terms

Two (2) appointments shall serve three year terms

2.            Members may be reappointed by the City Council to successive terms without limitation.

3.            Appointments to fill vacancies on the Commission shall be made by the City Council. If a vacancy is the result of a resignation or removal, such appointments shall be for the remainder of the vacated term only.

4.            Members of the Commission may be removed by a majority vote of the City Council for just cause, which includes neglect of duty, acts detrimental to the City’s interest, malfeasance in office or excessive absences. Unexcused absences by members of the commission of three consecutive meetings or three unexcused absences in a six month rolling period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal from the Commission. The City Clerk shall advertise vacancies in a newspaper of local circulation requesting that interested individuals submit a letter indicating their interest and qualifications for the position advertised.

D.           Officers and Voting

1.            The Commission shall by majority vote, elect one (1) of its members to serve as chairperson to preside over the Commission’s meetings. This shall be done at the first meeting of each calendar year or after a vacancy resulting from the resignation or removal of the person serving as chair. This term shall be for one (1) year or remainder of an existing one year term with eligibility for re-election.

2.            A quorum for the Commission shall consist of a majority of the regular membership. A quorum of is necessary for the Commission to hold a public hearing or to take official actions. A tie vote shall be deemed a denial of the motion or recommended motion.

E.            Meetings and Appearances

1.            The Commission shall hold at least one (1) regular meeting per quarter, with additional meetings as necessary. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The City shall provide an administrative staff person to assist with this function.

2.            No member of the Commission shall appear on her/his own behalf or on the behalf of any private person before either the Historic Preservation Commission or the City Council in connection with any matter before the Commission.

Section 14-171. POWERS, DUTIES AND AUTHORITY OF THE COMMISSION

The Commission shall act in a quasi-judicial manner and shall have the following powers, duties and rulemaking authority:

A.           Adopt criteria for review of historic properties and for review of proposals to alter, demolish or relocate designated properties.

B.           Review properties nominated for designation as a local landmark and recommend that the City Council designate by ordinance those properties qualifying for such designation. Nominated properties will only be reviewed once the property owner has given written permission for the designation; Review districts nominated for designation as local historic districts and recommend that the City Council designate by ordinance those districts qualifying for such a designation. Nominated districts will only be reviewed once 100% of the property owners have given written permission for the designation.

C.           Review and make decisions on any application for alterations to a designated historic landmark.

D.           Review and make recommendations on any application for moving or demolishing a historic landmark.

E.            Maintain a list of significant historic properties through the periodic updating of the Trinidad Inventory of Historic Buildings.

F.            Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the National Register of Historic Places.

G.           In conjunction with the local historical based organizations, the Commission should seek to develop and assist in public education programs, lectures and conferences.

H.           Conduct surveys of historic areas for the purpose of defining those of historic significance, and prioritizing the importance of identified historic areas and structures.

I.             Advise the Planning, Zoning and Variance Commission and the Trinidad City Council on matters related to preserving the historic character of the City.

J.            Actively pursue financial assistance for preservation-related programs through grants and by other means in partnership and collaboration with other entities as much as possible.

K.            Recommend removal of properties from the register of local landmarks if the criteria for revocation of designation are met.

Section 14-172. LOCAL HISTORIC LANDMARK DESIGNATION

A.           Pursuant to the procedures hereinafter set forth in Section 14-246(2), the City Council may, by ordinance designate as a landmark an individual structure or an integrated group of structures on a single lot or site having a special historical or architectural value;

1.            Each such designating ordinance shall include a description of the characteristic of the landmark which justifies its designation and a description of the particular features that should be preserved, and shall include a legal description of the location, boundaries of the landmark site and the character defining features that qualify the landmark for designation.

2.            Any such designation shall be in furtherance of and in conformance with the purposes and standards of this Section 14-247(3).

3.            The property included in any such designation shall be eligible for such incentive programs as may be developed by this Commission and the City Council.

4.            No such designating ordinance will be enacted involving a property without written permission from the property owner.

B.           Procedures

1.            A nomination for designation may be made by any property owner desiring to obtain a landmark designation by filing an application with the City of Trinidad Planning Division.

2.            The Commission shall hold at least one (1) public hearing on the proposal no more than forty-five (45) days after the filing of the application. The notice of the time and place of the public hearing shall be made by one (1) publication in a newspaper of local circulation in the City. The Commission shall review the application for conformance of the proposed designation with the established criteria for designation and the standards set forth in Section 14-247(3).

3.            At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing, the Commission shall 1) approve or 2) modify and approve or 3) disapprove the proposal by a majority vote.

4.            The Commission shall forward its recommendation and written report to the Trinidad City Council for consideration and final action.

C.           Standards for Local Landmark Designation

The Trinidad Historic Preservation Commission, duly empowered as defined in Section 14-246(2), will evaluate and determine the merit of sites as defined in Section 14-247(3), for local landmark designation. The following historical, architectural or geographic criteria shall be used in this determination:

1.            If it is at least fifty (50) years old; AND

2.            If it has historic importance. Historical importance relates to a building, structure, object and/or site that:

a.            Has character, interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado, or the Nation; or

b.            Is the site of a historic event that has interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado, or the Nation; or

c.            Is identified with a person or group of persons who had some influence on the development, heritage and cultural characteristics of the City, the State of Colorado, or the Nation; or

d.            Exemplified the cultural, political, economic, social or historical heritage of the community; OR

3.            If it has architectural importance. Architectural importance relates to a building, structure, object and/or site that:

a.            Portrays the environment of a group of people in an era of history; or

b.            Embodies the distinguishing characteristics of a significant or unique architectural type specimen; or

c.            Is the work of an architect or master builder whose individual work has influenced the character of the City, State of Colorado, or the Nation; or

d.            Contains elements of design, detail, materials or craftsmanship which represent a significant architectural style; OR

4.            If it has geographic importance. Geographic importance relates to a building, structure, object and/or site that:

a.            Should be preserved based on a consistent historic, cultural or architectural motif; or

b.            Due to its unique location or singular physical characteristics represents an established and familiar visual feature of the city.

5.            Any site listed on the State or National Register of Historic Places shall be deemed to qualify for local designation under this Section 14-247(3), but is not automatically designated as a Local Landmark and must submit an application to receive the designation.

Section 14-173. LOCAL HISTORIC DISTRICT DESIGNATION

A.           Pursuant to the procedures hereinafter set forth in Section 14-246(2), the Trinidad City Council may, by ordinance designate as a district a contiguous area as having a special historical or architectural value;

1.            Each such designating ordinance shall include a description of the characteristic of the district which justifies its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the district area.

2.            The designating ordinance may also indicate alterations which would have a significant impact upon, or be potentially detrimental to, the district area.

3.            Any such designation shall be in furtherance of and in conformance with the purposes and standards of Section 14-248(3).

4.            The district included in any such designation shall be eligible for such incentive programs as may be developed by the Trinidad Historic Preservation Commission and the Trinidad City Council.

B.           Procedures

1.            A nomination for designation may be made by any property owner desiring to obtain a district designation by filing an application with the City of Trinidad Division of Planning.

2.            The Planning Division shall contact every property owner of record within the boundaries of the proposed district outlining the reasons and effects of the designation and, secure the consent of 100% of the ownership within the proposed area before the nomination is accepted as complete for review.

3.            The Commission shall hold at least one (1) public hearing on the proposal no more than forty-five (45) days after the nomination has been accepted for review. The notice of the time and place of the public hearing shall be made by one (1) publication in a newspaper of local circulation in the City. The Commission shall review the nomination for conformance of the proposed designation with the established criteria for designation and the standards set forth in Section 14-248(3).

4.            At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing the Commission shall 1) approve, or 2) modify and approve or 3) disapprove the proposal by a majority vote.

5.            The Commission shall forward its recommendation and written report to the Trinidad City Council for consideration and final action.

C.           Standards For Local Landmark Designation

The Trinidad Historic Preservation Commission, duly empowered as defined in Section 14-246(2), will evaluate and determine the merit of sites as defined in Section 14-248(3), for local district designation. The following historical, architectural or geographic criteria shall be used in this determination:

1.            The proposed district has a percentage of structures that are at least (50) years old; AND

2.            The proposed district has historical importance. Historical importance relates to a district and/or area that:

a.            Has character, interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or

b.            Is the site of a historic event that has interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or

c.            Is identified with a person or group of persons who had some influence on the development, heritage and cultural characteristics of the city, the State of Colorado or the Nation; or

d.            Exemplified the cultural, political, economic, social or historical heritage of the community; OR

3.            The proposed district architectural importance. Architectural importance relates to a district and/or area that:

a.            Portrays the environment of a group of people in an era of history; or

b.            Embodies the distinguishing characteristics of a significant or unique architectural type specimen; or

c.            Includes the work of an architect or master builder whose individual work has influenced the character of the City, State of Colorado or the Nation; or

d.            Contains elements of design, detail, materials or craftsmanship which represent a significant architectural style; OR

4.            The proposed district has geographic importance. Geographic importance relates to a district and/or area that:

a.            Should be preserved based on a consistent historic, cultural or architectural motif; or

b.            Due to its unique geography or physical characteristics represents an established and familiar visual feature of the City.

Section 14-174. REVOCATION OF A DESIGNATION

A.           Revocation of local historic landmark designation from buildings, structures, objects and/or sites.

1.            If a designated local landmark is lawfully removed, demolished or the victim of a natural disaster, the Trinidad Historic Preservation Commission and/or the property owner may request that the Trinidad City Council take action to revoke the local historic landmark designation.

2.            Trinidad City Council must revoke a designation by ordinance. Revocation of a designation is final.

B.           Revocation of local historic district designation from districts and/or areas.

1.            If a designated local district is significantly depleted of its qualifying historic structures or is the victim of a natural disaster, the Trinidad Historic Preservation Commission may request that the Trinidad City Council take action to revoke the local historic district designation.

2.            Trinidad City Council must revoke a designation by ordinance. Revocation of a designation is final.

Section 14-175. LANDMARK ALTERATION CERTIFICATES

A.           No person shall carry out or permit to be carried out on a designated landmark property any new construction, alteration, removal or demolition of a building or other designated feature without first obtaining a landmark alteration certificate for the proposed work.

1.            The City of Trinidad Building Division shall be provided a current record of all designated landmark properties and pending designations by the Historic Preservation Committee. The Building Division will refer any requests regarding these properties to the City of Trinidad Planning Division.

B.           Construction on proposed landmark properties.

1.            No person shall receive a permit to construct, alter, remove or demolish any structure or other feature on a proposed landmark property after an application has been filed to landmark the property. Any such permit will be placed on hold until the landmark proceedings have come to a conclusion.

C.           Landmark alteration certificate application and Commission review.

1.            An owner of property which has been designated as a local landmark or a property that is located within a locally designated historic district will be required to apply for a landmark alteration certificate before making any alterations to the exterior appearance of the property.

2.            The City of Trinidad Planning Division will process the landmark alteration certificate application as well as any required design specifications that illustrate the proposed changes to the landmarked property.

3.            The City of Trinidad Planning Division shall make available a detailed list of submittal requirements for the applicant’s use.

a.            Administrative Review Process for Minor Alterations.

i.             A streamlined administrative review process shall be made available to applicants proposing minor changes to a landmarked structure.

ii.            The Commission shall establish written eligibility and review criteria for the staff to follow. The staff may request that the submitted review be scheduled for formal review by the Commission if there is any uncertainty as to the intent of the criteria as it applies to a specific request.

iii.           The administrative process shall be concluded within fifteen (15) days of a complete application submittal. The applicant may appeal any administrative decision to the Commission by submitting an appeal request in writing to the City Clerk within fifteen (15) days of the administrative ruling.

b.            Meeting and Hearing Requirements.

i.             The Commission shall hold a public meeting on all applications for landmark alteration certificates within forty-five (45) days after an application has been received by the City of Trinidad Planning Division.

ii.            The Commission shall hold a noticed public hearing which is required for requests involving demolition or removal of a landmarked structure. Notice of time, date and place of such hearing, and a brief summary of explanation of the subject matter of the hearing, shall be posted on the property in a manner visible from all adjacent public rights-of-way at least fifteen (15) days prior to the hearing. The applicant is responsible for accomplishing the public notice.

c.            Commission Review.

i.             At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing the Commission shall determine whether the application meets the established review standards for alterations as outlined in Section 14-251(1).

ii.            The Commission shall adopt written findings and conclusions and either approve, or approve with conditions or disapprove the application by a majority vote.

d.            Extension of Review Period.

i.             When reviewing alteration certificate applications involving moving or demolition of a landmarked structure, the Commission may extend the review period up to ninety (90) additional days if the Commission finds the original application does not meet the established review standards for alterations.

ii.            The ninety-day extension period shall be used to encourage both the applicant and the Commission to explore acceptable alternative solutions to the original submittal.

D.           Appeal or call-up of disapproved proposals.

1.            A decision of the Commission approving or disapproving an application for alteration or extending the review period on the application is final unless appealed to the Trinidad City Council as provided below:

a.            An applicant may appeal any decision of the Commission to the City Council by filing a written notice of appeal with the Planning Division within fifteen (15) days of the Commission’s decision.

b.            Council Meeting and Decision.

i.             Within forty-five (45) days of the date of any decision of the Commission to disapprove or modify an alteration certificate application, the Council shall hold a public meeting on the matter.

ii.            Where a decision to move or demolish a landmarked structure is involved, public notice shall be required in accordance with Section 14-250(3)(c)(B)(II).

iii.           The Council shall consider the written findings and conclusions of the Commission and the proposal’s conformance to adopted alteration certificate criteria as noted in Section 14-251(1) and shall approve, or approve with conditions, or disapprove the proposed application.

c.            Undue Hardship Appeals.

i.             The Council may consider claims of economic or undue hardship in cases where an applicant was denied an alteration certificate by the Commission.

ii.            The applicant must provide adequate documentation and/or testimony at the Council meeting to justify such claims. The following includes the type of information, plus any other information the applicant feels is necessary, which must be submitted in order for the Council to consider a hardship appeal:

(a)          Estimate of the cost of the alteration proposed under the denied alteration certificate, and an estimate of any additional costs which would be incurred to comply with the alterations recommended by the Commission.

(b)          Estimates of the value of the property in its current state, with the denied alterations, and with the alterations proposed by the Commission.

(c)           Information regarding the soundness of the structure or structures, and the feasibility for rehabilitation which would preserve the character and qualities of the designation.

(d)          In the case of income-producing properties, the annual gross income from the property, the operating and maintenance expenses associated with the property, and the effect of the proposed alterations and Commission-recommended alterations on these figures.

(e)          Any information concerning the mortgage or other financial obligations on the property which are affected by the denial of the proposed alterations.

(f)           The appraised value of the property.

(g)          Any past listing of the property for sale or lease, the price asked, and any offers received on that property.

(h)          Information relating to any nonfinancial hardship resulting from the denial of an alteration certificate.

iii.           The Council may refer the information for review by the Commission prior to rendering its final decision on any hardship related appeal. If it is determined that the denial of the certificate of alteration would pose an undue hardship on the applicant, then a certificate of alteration noting the hardship relief shall be issued, and the property owner may make the alterations outlined in the alteration certificate application.

E.            Issuance of A Landmark Alteration Certificate

1.            The Planning Division shall issue a landmark alteration certificate if an application has been approved by the Commission or appealed and approved by the City Council.

2.            Time Limit. When approving an application for a landmark alteration certificate, the Commission or City Council may impose a time limit for the applicant to apply for a building permit conforming to the certificate.

F.            Unsafe or Dangerous Condition Exempted

1.            Nothing in this Chapter 14, Article 13 of the Code of Ordinances shall be construed to prevent any measures of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature or parts thereof where such condition is declared unsafe or dangerous by the City Building Official or Fire Inspector and where the proposed measures have been declared necessary by the City Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this Ordinance, but a certificate is required for permanent alteration, removal or demolition.

G.           Property maintenance required.

1.            The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee or occupant of any landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the successful landmark status of the property.

2.            No owner, lessee or occupant of any contributing property within a locally designated historic district shall fail to comply with all applicable provisions of Section 14-250(7)(a) regulating property maintenance.

3.            Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any external architectural feature which does not involve change in design, material, color or outward appearance of a designated landmark.

Section 14-176. CRITERIA TO REVIEW ALTERATION CERTIFICATE

A.           The Commission and City Council shall consider the proposed alteration for conformance with the Secretary of Interior’s Standards for Rehabilitation. Conformance to specific alteration criteria for individual properties, structures or districts imposed at the time of initial designation must also follow the Secretary of Interior’s Standards for Rehabilitation.

B.           The Commission and City Council may adopt additional criteria or policy design guidelines to aid in the review of alteration certificate applications. Such criteria and policies shall be written and made available to all alteration certificate applicants and the general public.

Section 14-177. NON-LOCALLY LANDMARKED PROPERTIES ON THE NATIONAL AND/OR STATE HISTORIC REGISTER

A.           Public notice and hearing requirement prior to proposed alterations.

1.            Affected Properties. Structures listed on the National Historic Register and/or the State Historic Register which are still standing and which have not been designated by the City as a local historic landmark may be subject to notice and hearing requirements prior to the issuance of a building permit for any proposed building alteration involving a significant change to a building’s exterior appearance, building removal or building demolition.

2.            Public Meeting and Hearing Required. Before a building permit can be issued for proposed alterations to such structures as identified in Section 14-252(1)(a), the proposal shall be considered at a public meeting before the Commission no later than forty-five (45) days after the request for building permit has been accepted by the City Building Division.

3.            If the permit involves building removal or demolition, public notice of the meeting shall be required. Notice of time, date and place of such meeting, and a brief summary of explanation of the subject matter of the hearing, shall be posted on the property in a manner visible from all adjacent public rights-of-way at least ten (10) days prior to the hearing. The City shall be responsible for accomplishing the public notice.

4.            The purpose of the meeting shall be to review the proposed alteration with the applicant and, if warranted, discuss alternative designs, materials and actions with the applicant which would better preserve the historic character of the property.

5.            Within five (5) days following the public meeting, the applicant shall be entitled to be granted a building permit for the proposed alteration, changed or unchanged, assuming that all other City codes and requirements have been met and if no application for landmark designation has been submitted.

Section 14-178. PENALTIES AND SANCTIONS

A.           Prohibition. No person shall violate or permit to be violated any of the requirements of this Section 14-250 or the terms of a landmark alteration certificate.

1.            Criminal Penalties. The following violations of this Chapter are punishable by a fine of up to one thousand dollars ($1,000.00):

2.            Moving or demolishing a designated landmark structure without an approved landmark alteration certificate.

3.            Other types of alterations to a designated landmark without an approved landmark alteration certificate.

4.            Moving, demolishing or otherwise altering a structure with a pending application for landmark designation.

5.            Alterations to a defined historically significant structure without having first undergone the required public meeting process.

B.           Council Sanctions. Irrespective of the imposition of the criminal penalties provided above, the City Council may impose the following nonpenal sanctions if, after a due process hearing, it is found that the provisions of Section 14-250 have been violated:

1.            Moving or demolishing a designated landmark structure without an approved landmark alteration certificate. The Council may restrict the issuance of any building permits on the site for a period of up to five (5) years, in addition to any fines imposed through the Municipal Court.

2.            Other types of alterations to a designated landmark without an approved landmark alteration certificate. The Council may require that the structure be returned to its original state or restrict the issuance of any building permit on the site for up to two (2) years, in addition to any fines imposed through the Municipal Court.

3.            Moving, demolishing or otherwise altering a structure with a pending application for landmark designation. The Council may restrict the issuance of any building permit on the site for a period of up to five (5) years, in addition to any fines imposed through the Municipal Court.

4.            Alterations to a defined historically significant structure without having first undergone the required public meeting process. The Council may restrict the issuance of any building permit on the site for a period of up to two (2) years, in addition to any fines imposed through the Municipal Court.

Section 14-179. RESERVED.


Section 14-180. RESERVED.


Section 14-181. RESERVED.

 

ARTICLE 15.        AFFORDABLE HOUSING

Section 14-182. GENERAL PROVISIONS

A.           Applicability. The incentives and obligations for affordable housing and developments including affordable housing provided in this Article shall apply only to affordable housing receiving city incentives under a written agreement with the city.

B.           Dwelling Unit Types Allowed.

1.            Affordable housing located in residential zoning districts shall be limited to the type of dwelling, as such types of dwellings are defined in Article 4 Zoning and listed in Table 14-42 Use Table allowed in that zone.

2.            Affordable housing located in non-residential zoning districts shall be limited to multi-family dwelling units, live/work dwelling units, single-family attached and two-family dwelling units, and other dwelling units included in a mixed-use building.

3.            Projects containing at least ten percent affordable housing shall be exempt from the limits on residential uses in non-residential zoning districts.

C.           Dispersion of Affordable Housing Required. Where the affordable housing is part of a residential development also containing market-rate housing, the affordable housing shall be mixed with other residential units and not clustered together or segregated in any way from the market-rate housing in the development. As part of platting or site plan review, the decision-making body shall review the final location and distribution of affordable housing in the development for compliance with this standard.

D.           Similar Appearance/Design Required. Affordable housing shall be substantially similar in exterior appearance and design to market-rate housing in the same development. This requirement includes the use of substantially similar exterior materials.

E.            Duration of Affordable Housing. Affordable owner housing. Affordable owner housing shall be deed-restricted to the city's satisfaction to assure affordability for sale for a term of at least ten years from the date of each sale or resale unless a different time period is approved by the city council on a case-by-case basis.

F.            Eligibility for Purchasers of Affordable Housing. The City Manager shall promulgate rules and regulations governing the affordable housing programs, including the eligibility for purchasers of affordable housing units, household size, household makeup, household income, and may include the required form or substance of deed restrictions.

G.           Development Incentives for Affordable Housing.

1.            Eligibility. The City shall approve development incentives described in this subsection G, to encourage the construction of affordable housing for a development including affordable housing.

a.            To receive the incentives in subsection G.2 below, a development must provide at least ten percent of the total units in a project as either affordable rental housing or affordable owner housing.

b.            Incentives shall be requested in writing by completing an affordable housing incentive application in the form specified by the Director.

c.            Development incentives in subsection G.2 below shall be approved administratively by the City Manager.

2.            Development Incentives.

a.            Density bonus: Projects including affordable housing shall be eligible for additional units up to 20 percent above the maximum residential density.

b.            Height bonus: Multi-family residential or mixed-use projects including affordable housing shall be eligible for up to one more story but shall not exceed the maximum building height of the applicable zoning district by more than 15 feet.

c.            Lot size and lot width reductions: Projects including affordable housing shall have reduced lot size and lot width standards as outlined in Table 14-45.

H.           Financial incentives for providing affordable housing: Projects providing at least ten percent affordable rental housing or at least ten percent affordable owner housing may also be eligible for fee waivers or fee reductions.

Section 14-183. RESERVED.


Section 14-184. RESERVED.


Section 14-185. RESERVED.

 

ARTICLE 16.        DEFINITIONS

Section 14-186. DEFINITIONS

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any office referred to in this Article by title shall include the person employed or appointed for that position or his duly authorized deputy or representative. Terms, phrases or words not expressly defined in this section are to be construed in accordance with the Zoning Code or other applicable ordinance of the City, or in the absence of such ordinance in accordance with the customary usage in municipal planning and engineering practices.

1)            Accessory uses and structures shall mean a use naturally and normally incidental to a use by right.

2)            Accessory dwelling unit means an attached or detached dwelling unit that is accessory in character and lesser in size and character to a principal building situated on the same lot or parcel, and that otherwise satisfies the requirements contained in this LUC.

3)            Adequate public facilities means those facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the City Council based upon specific levels of service.

4)            Agricultural or animal-related services. Agricultural and farming activities, including nurseries and facilities for processing and selling agricultural products. Agricultural uses involve farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal husbandry. Animal-related uses include the boarding and care of animals on a commercial basis. 

5)            Affordable housing unit shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty-eight (38) percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

6)            Alley shall mean a public, dedicated right-of-way used primarily as a service or secondary means of access and egress to the service side of abutting property.

7)            Apartment shall mean a room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.

8)            Applicant means the owner of land, the owner’s authorized representative, or the optionee of the land.

9)            Automobile Service means establishments primarily engaged in the sale, rental, service, and repair of automobiles and trucks.  Uses include freestanding department stores; auction rooms; automobile service stations; repair facilities, car washes; boat, car, trailer, motorcycle showrooms, sales and repair, and other uses which are of the same general character. 

10)         Basement shall mean a story having part, but not more than one half (½) of its height below grade. A basement is counted as a story for the purposes of height regulations if subdivided and used for dwelling purposes.

11)         Block means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands, or other rights-of-way other than an alley, waterways or any barrier to the continuity of development, or land which is designated as a block on any recorded subdivision tract.

12)         Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

a.            Is permanently affixed to the land.

b.            Has one (1) or more floors and a roof.

13)         Building area shall mean that portion of the lot that can be occupied by the principal use, excluding the front, rear and side yards.

14)         Building, attached shall mean a building which at least part of a wall is common with another building, or which is connected to another building by a roof which exceeds six feet (6') in width between opposite open ends.

15)         Building Code means the set of standards that is adopted by the City Council that must be followed in the construction and remodeling of all buildings and structures.

16)         Building, detached shall mean a building which is separate from another building or buildings on the same lot. Buildings connected only with a roof not more than six feet (6') wide between opposite open ends shall be deemed to be detached.

17)         Building height shall mean the vertical distance as measured from the average finished grade at the building set-back to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height level between eaves and ridges for gable and hip roofs. Chimneys, ventilators, pipes, spires or similar items shall be exclusive of building height.

18)         Building Inspector shall mean the Building Inspector of the City of Trinidad, Colorado.

19)         Building set-back shall mean an imaginary line extending across the full width or side of a lot, parallel with the street right-of-way line or property line and outside of which no building or structures shall be constructed

20)         Brewery means a commercial operation of more than 15,000 square feet engaged in the production of beer, liquor, or wine that also may have retail sales for consumption on site or off the premises.

21)         Carport is a structure that covers a parking stall consisting of a solid roof structure and is open on at lease two sides with floor surface of approved non-combustible materials.

22)         City shall mean the City of Trinidad.

23)         City Council shall mean the governing body of the City of Trinidad, Colorado.

24)         City Manager means the Trinidad City Manager or her or his designee.

25)         Collector street means a street which carries traffic from minor streets to the major street system, including the principal entrance streets of residential developments and the primary circulating streets within such developments.

26)         Commission shall mean the Planning, Zoning and Variance Commission or the Historic Preservation Commission of the City of Trinidad.

27)         Common open space means a parcel of land, an area of water, or a combination of land and water within a site or development designed and intended primarily for the use or enjoyment of residents, occupants and property owners of the site or development.

28)         Comprehensive Plan means the master plan developed and adopted by the Planning, Zoning and Variance Commission and the City Council for the growth and development of the City and its environs, including any and all elements of such plan, addressing such topics as land use, natural resources, streets and thoroughfares, public facilities, utilities, drainage, cultural assets, parks, open space, as well as other related topics.

29)         Condominium means a unit that is available for individual sale in fee simple. Such units are contained in a multi-occupancy project which is subject to covenants and restrictions placing control over common facilities in an elected board.

30)         Conservation easement means a right of the owner of the easement to prohibit certain acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space, or historical importance. See also §38-30.5-102 C.R.S.

31)         Covenants means a private written agreement outlining regulations specific to a development. As private restrictions, they are not enforced by the City. In the event of conflict between the covenants and this Article, this Article controls.

32)         Cross access means the construction of driveways within private property which interconnect the driveways of two (2) or more abutting nonresidential properties. Cross access provides motorists the ability to move between developments without using the roadway. Cross access reduces traffic on the roadway and reduce the potential for conflict between entering, exiting and through traffic.

33)         Crosswalk means a pathway marked off for pedestrians to cross a street.

34)         Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement.

35)         Cultural assets means buildings, locations and other features considered historically or socially significant to the City.

36)         Dedicated land means land, typically for the purposes of developing parks or open space, as determined by the City Council, which is transferred to the City by platting, title, deed or other legal method approved by the City Attorney, land dedicated to another governmental entity recognized as such by the State of Colorado, or land dedicated to a homeowners or owners association, which is recognized as such by the State of Colorado.

37)         Design standards means the design requirements, standard construction details, and other standards to be followed when designing, improving, repairing, constructing or performing modifications of any kind to infrastructure.

38)         Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets.

39)         Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

40)         Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two (2) or more parcels. When appropriate in context, development shall also mean the act of developing or to the result of development.

a.            Development shall also include:

i.             Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;

ii.            Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

iii.           Any change in use of land or a structure;

iv.           Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;

v.            The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling or excavation on a parcel of land;

vi.           The demolition of a structure;

vii.          The clearing of land as an adjunct of construction;

viii.         The deposit of refuse, solid or liquid waste, or fill on a parcel of land;

ix.           The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and

x.            The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

b.            Development shall not include:

i.             Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

ii.            Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any traffic-generating activity;

iii.           The maintenance, renewal, improvement, or alteration of any structure, if the work does not prompt the loss of nonconformance under the provisions of Section 14-104;

iv.           The use of any land for an agricultural activity;

v.            A change in the ownership or form of ownership of any parcel or structure; or

vi.           The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.

41)         Director means the Director with management responsibility for the Planning Department or her or his designee. Should the position of Director be vacant, the City Manager may designate an individual to serve as the Director, for purposes of this Chapter, during such period of vacancy.

42)         Driveway means a surfaced area providing vehicular access between a public street or a private street and an off-street parking or loading area.

43)         Dwelling shall mean a structure or portion of a structure which is designed for occupancy as living quarters or sleeping quarters. 

44)         Dwelling Unit, Accessory means an attached or detached dwelling unit that is accessory in character and lesser in size and character to a principal building situated on the same lot or parcel, and that otherwise satisfies the requirements contained in this Code. 

45)         Dwelling, Live/Work means an integrated dwelling unit and working space occupied and used by a single household in either a single-family dwelling or multifamily dwelling that has been designed or structurally modified to accommodate joint residential occupancy and work activity. A live-work space shall include a complete kitchen space and sanitary facilities, and working space reserved for and regularly used by one or more occupants of the unit.

46)         Dwelling, single family shall mean a structure or portion of a structure, including a manufactured home, as defined in Section 31-23-301(5)(a), C.R.S., and in this Section, which is designed for occupancy as living quarters or sleeping quarters exclusively by one family. 

47)         Dwelling, single family attached (Townhouse) shall mean three or more dwelling units where each unit is attached to other units by party walls, where habitable spaces of different units are arranged in a side-by-side, rather than a stacked configuration, and where the front door of each dwelling unit faces a public street.

48)         Dwelling, two family shall mean a building having accommodations for and occupied exclusively by two families.

49)         Dwelling, Tiny House shall mean a single family dwelling constructed on a frame and capable of being transported on its own wheels, that contains less than 600 square feet of gross floor area, and that meets either the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et. seq.) or the City’s adopted residential building code.

50)         Dwelling, multiple family shall mean a structure or group of structures, attached or detached which is (are) designed for occupancy as living quarters or sleeping quarters by more than one family.

51)         Dwelling unit means a residential unit providing complete, independent living facilities for one (1) family, including permanent provisions for sleeping, living, cooking and sanitation. Dwelling units may be detached, attached, single-family, multi-family, sold or leased.

52)         Family means one (1) or more persons related by blood, marriage, adoption, or legal custody, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Five (5) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family.

Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S. A family shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption.

A household that includes four (4) or more persons identified above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons.

53)         Farming. Land used for the production of animals, poultry, milk, fur, crops, industrial hemp, trees or sod, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food or fiber products.  

54)         Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation or particular persons for specified uses.

55)         Environmentally sensitive areas means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines.

56)         FEMA means Federal Emergency Management Agency.

57)         Final plat means a complete and exact subdivision plan which has been accurately surveyed, has been prepared in accordance with this Article, and is in a form suitable to be recorded with the Las Animas County Clerk.

58)         Frontage shall mean all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the property line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. Corner lots shall have only one frontage. Frontage for a single use which may extend for more than one platted lot shall be the total linear distance of all lots of the use along one side of a street, and shall be considered as a single frontage.

59)         Garage, private shall mean an accessory building or portion of a main building on the same lot and used for the storage only of private, passenger motor vehicles, not more than two of which are owned by others than the occupants of the main building.

60)         Garage, repair shall mean a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junk yards.

61)         Gateways mean designated thoroughfares, including the interstate system, state highways, and designated scenic byways, which provide vehicular access into and out of the City of Trinidad.

62)         Geologic hazards means unstable or potentially unstable slopes, undermining, faulting, landslides, rockfalls, coal mine shafts, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

63)         Grade means:

a.            The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

b.            The degree of rise or descent of a sloping surface.

64)         Grade, finished means the final elevation of the ground surface after development.

65)         Grade level shall mean the average of the ground levels of a lot, prior to construction thereon, measured at the center of all walls of a building.

66)         Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations.

67)         Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

68)         Guest room shall mean a room occupied by one or more guests for compensation and in which no provision is made for cooking, but including rooms in a dormitory for sleeping purposes primarily.

69)         Historic preservation easement means a legal agreement that enables a historic property owner to establish certain preservation restrictions while retaining possession and use of the property. There are three general types of historic preservation easements: facade; interior space; and, development rights.

70)         Homeowners association, or Owners Association, means the association, incorporated or not, which has been set up to enforce the covenants and maintain all common areas and buildings for a development.

71)         Home occupation shall mean any non-residential use conducted entirely within a dwelling unit or accessory unit and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes.

72)         Hotel or motel shall mean a building or group of attached or detached buildings designed for occupancy by short-term or part-time residents who are lodged with or without meals and in which no facilities are provided for cooking in individual rooms.

73)         Infill development means development designed to occupy scattered or vacant or undeveloped parcels of land which remain after the majority of development has occurred in an area.

74)         Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

75)         Inter-neighborhood connections means connections (such as trails and roads) between neighborhoods.

76)         Junk yard shall mean an area two hundred (200) square feet or more, or any area not more than fifty feet (50') from any street, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

77)         Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assign of such ownership interests.

78)         Lot means a designated parcel, tract or area of land established by plat or subdivision of at least a sufficient size to meet minimum requirements for use and area in accordance with the Zoning Code, and to provide required yards and other open spaces in the zoning district in which the lot is located, and which has direct access onto a public or private street. Lots are typically contained in a block and are designated on a subdivision plat by numerical or letter identification.

79)         Lot or parcel shall mean a piece, plot or area of land, of contiguous assemblage as established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and/or accessory buildings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.

80)         Lot, double frontage means lots which front on one (1) public street and back on another.

81)         Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

82)         Lot line, front means the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line. 

83)         Lot line, rear means the line opposite the front lot line.

84)         Lot line, side means any lot lines other than the front lot line or rear lot line.

85)         Lot, reverse corner means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

86)         Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot.

87)         Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.

88)         Major street means a public thoroughfare, as designated on the City's thoroughfare plan, having a high degree of traffic continuity requiring a minimum width of eighty (80) feet.

89)         Major subdivisions mean all subdivisions not classified as minor subdivisions.

90)         Manufactured housing or manufactured home or manufactured unit means single-family detached housing that is partially or entirely manufactured in a factory and is installed on an engineered permanent or nonpermanent foundation, and shall, for the purposes of this Code, incorporate structures known as manufactured homes or mobile homes without further restrictions as contained in C.R.S. § 31-23-301(5).

91)         Manufactured housing lot means a plot of ground within a manufactured housing park designed for the accommodation of one single-family detached manufactured housing unit together with its accessory uses.

92)         Manufactured housing park, referred to in this chapter as "park," means an area of land having undivided individual, joint or common ownership, where two or more manufactured housing units are located for dwelling purposes on nonpermanent foundations as regulated in division 2 of article II of this chapter.

93)         Manufactured housing space means a plot of ground within a manufactured housing park designed for the accommodation of one single-family detached manufactured housing unit together with its accessory uses.

94)         Mobile home means manufactured housing built on a chassis which is designed to be installed on temporary foundations, attached to the ground with tiedown straps, and attached to natural or propane gas distribution piping, electrical distribution wiring, and plumbing waste sewer lines on a mobile home pad specifically designed with such attachment points and falling within either classification number 1 or number 2 below. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Travel and camping trailers or other form of self-powered recreational vehicle shall not be construed to be a mobile home. Mobile homes shall be classified into one of the two following classifications:

a.            Pre-1976 mobile home: Mobile homes manufactured prior to 1976 which have a permanently affixed State of Colorado inspection certification plate.

b.            1976 and later mobile home: Manufactured housing built on a chassis with label attached certifying compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. Section 5401, et seq., as amended (commonly referred to as the "HUD Code").

95)         Microbrewery, distillery, or winery means a commercial operation of less than 15,000 square feet engaged in the production of beer, liquor, or wine that also may have retail sales for consumption on site or off the premises.

96)         Minor subdivisions mean those subdivisions consisting of either a condominium form of ownership to be located within existing buildings or those subdivisions consisting of three (3) or fewer residential lots fronting an existing public street, not involving the need for any new street or road, or the extension of municipal facilities or the creation of any public improvements, except for curb, gutter and sidewalks, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Zoning Ordinance, the City's Comprehensive Plan, or this Article.

97)         Mobile home shall mean a portable structure which has no foundation other than a chassis supported by wheels or jacks and which is designed and constructed to provide for occupancy as a dwelling unit. 

98)         Mobile home park shall mean any lot or parcel of land on which a mobile home is parked.

99)         Mobile home space shall mean a parcel of land within a mobile home park designed for the accommodation of one mobile home.

100)       Mobile home subdivision shall mean a subdivision of land by recorded plat to be used exclusively for the accommodation of mobile homes.

101)       Modular or pre-fabricated home shall mean a structure manufactured, assembled or constructed in whole or in part at a site other than on its foundation, and which is designed and constructed to provide for occupancy as a dwelling unit. 

102)       Mural means a work of art (e.g., painted, tiled, digitally, printed, etc.) that is applied directly to or incorporated in an exterior building façade or structure and consists of any size, shape, form, color, material, medium or combination thereof. 

103)       Neighborhood means a geographical area, the focus of which are residential uses, but also may include a mixture of activities that people need to live. A neighborhood may include a diversity of housing types, schools, parks, shopping and jobs (frequently service-type), and a civic component.

104)       Neighborhood Park and Recreation Improvement Fund means a special fund established by the City Council to retain monies contributed by developers in accordance with the "cash-in-lieu of parkland" provisions of this Article.

105)       Nonconforming uses shall mean any building or land lawfully occupied and used at the time of passage of these regulations or amendments thereto, which use does not conform after the passage of these regulations or amendment thereto with the use regulations of the district in which it is situated.

106)       Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial.

107)       Off-site improvements mean public improvements occurring off-site that are necessary to serve the development.

108)       Off-street loading space shall mean a space, not a part of a public thoroughfare, designed for the loading and unloading of vehicles servicing buildings adjacent thereto. Such berths shall not be less than twelve feet (12') in width and twenty-five feet (25') in length, exclusive of access isles and maneuvering space.

109)       Off-street parking space shall mean an off-street, hard-surfaced, space designed and intended to be occupied by a parked automobile, which is a minimum of two hundred (200) square feet in area exclusive of maneuvering and roadway space.

110)       Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances, or other hazards to the public. 

111)       Operational means a business license is approved and a building permit if one is required, has been issued, is active or a certificate of occupany is granted.

112)       Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for later subdivision, or be conveyed to an owners association.

113)       Oversized improvements mean public improvements larger than necessary for the immediate development.

114)       Owner means the person or entity that owns the property under consideration.

115)       Performance criteria means regulation of development based on open space ratio, impervious surface ratio, density, and floor area ratio.

116)       Permanent monument means any structure of masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference.

117)       Permit shall mean a document issued by the City of Trinidad granting permission to perform an act or service which is regulated by the City.

118)       Phase means a portion of property that is being platted and engineered for development at the same time.

119)       Plan means the map(s) and supporting documentation for a development which includes but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas, and conservation areas in accordance with the requirements of this Code.

120)       Planned Unit Development (PUD) shall mean a development of land in a manner which allows, in conformance with the provisions of this Article, the following: A variety of uses and/or densities in addition to those ordinarily allowed by right or by condition in the designated zone district, for which land may be developed in order to allow for uniqueness and overall flexibility of development in special instances as may be approved by the City.

121)       Plat means a printed instrument drawn to scale by a professional land surveyor registered or licensed under the laws of the State which accurately depicts the location, dimensions, and boundaries of lots or other units of land, along with adjacent public streets and rights-of-way and easements and other features relevant to the development of land pursuant to this Code.

122)       Proof of ownership means ownership as specified in a recorded deed, a title insurance commitment or policy, or certification of title, issued by a title insurance company licensed by the State of Colorado, which is dated less than thirty (30) days prior to the date of the application. Where the owner of the property is an entity, it must be stated who the owners/managers of the entity are, i.e., officers, directors, and shareholders of corporations, managers and members of Limited Liability Corporations (LLCs), general and limited partners for limited partnership, partners in partnerships. In instances where the applicant is not the owner of the property, an authorization from the owner for the non-owner applicant to proceed must be included with the above-referenced proof of ownership.

123)       Property means all real property subject to land use regulation by the City.

124)       Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts.

125)       Public areas mean streets, parks, open spaces and other property designated or described as for public use on a map or plat of the City and fee title is vested in the City, other public body or a special district as defined in 32-1-103 C.R.S.

126)       Public facilities means those constructed facilities, including but not limited to, transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities, and publicly owned buildings or facilities.

127)       Public hearing shall mean a legally advertised meeting held by the Planning, Zoning and Variance Commission or City Council at which time citizens' opinions may be voiced concerning the subject of the hearing.

128)       Public use means uses which are owned by and operated for the public by the City, County, state or federal governments or by school districts. 

129)       Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same, or wireless telecommunication facilities.

130)       Qualified planner shall mean an individual meeting the requirements of planner in charge as defined by the Colorado State Division of Planning or an individual holding full membership in the American Institute of Planners.

131)       Quasi-public means having the nature or characteristics of being public but owned by a private or not-for-profit entity.

132)       Residential area shall mean the land area devoted to residential uses, the build able area, not including streets, parking areas, or required usable open space areas.

133)       Resubdivision, or replatting, means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.

134)       Retention basin means a pond, pool or basin used for permanent storage of water runoff.

135)       Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established.

136)       Right-of-way shall mean the entire dedicated tract or strip of land that is to be used by the public for circulation and service.

137)       Road: See Street.

138)       Schedule of required copies means the "Schedule of Required Copies--City of Trinidad Subdivision Regulations."

139)       Service and repair means an establishment which provides routine daily service and maintenance to vehibles including, but not limited to, gasoline filling, oil changes, tune ups, engine lubrication, tire changing and repair and muffler repair, but does not include removing engines or transmissions, painting or body work.

140)       Setback shall mean the required distance, and the land resulting therefrom, between the edge of the right-of-way of a public roadway, or some other designated line, and the closest possible line of a conforming structure.

141)       Setback, front yard means the distance a building or structure must be placed from the front lot line.

142)       Setback, rear yard means the distance a building or structure must be placed from the rear lot line.

143)       Setback, side yard means the distance a building or structure must be placed from the side lot line.

144)       Sexually Oriented Businesses: means one or more of the businesses defined as such in Section 14-172.

145)       Shade tree or street tree means a tree in a public place, street, special easement, or right-of-way adjoining a street as provided in this Article.

146)       Sketch plan or conceptual plan means a scaled sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning, Zoning and  Variance Commission as to the form of the plat and the objectives of this Article.

147)       Shared parking means that parking spaces are shared by more than one user, which allows parking facilities to be used more efficiently. Shared Parking takes advantage of the fact that most parking spaces are only used part time by a particular motorist or group, and many parking facilities have a significant portion of unused spaces, with utilization patterns that follow predictable daily, weekly and annual cycles. 

148)       Storage container (shipping container), means a standardized, reusable steel box-like container designed for temporary storage and movement of materials, equipment and  products or to be used as a living unit in conformance with the permanent standards set forth in Section 14-49.2(B). 

149)       Sidewalk means the hard surface path within the street right-of-way for use by pedestrians and/or bicyclists.

150)       Sight distance triangle means the area at the four corners of an intersection that is to be kept free of shrubs, ground covers, berms, fences, structures, or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. The size of the sight distance triangles is determined as follows:

a.            At the intersection of any two streets or where a street intersects with an alley, a triangle measuring thirty (30) feet along each curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two.

b.            At the intersection of a driveway or private access and a street, a triangle measuring fifteen (15) feet in length along the edge of the driveway and along the curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two.

151)       Significant wildlife habitat and migration corridors mean areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce.

152)       Street shall mean the entire dedicated public right-of-way, providing for the pedestrian and vehicular movement of people and goods. (Ord. 1738, eff. 10/31/03)

153)       Street, private means a private thoroughfare, not dedicated to public use, which provides vehicular access from a public street to more than two (2) residential dwelling units, or two (2) or more commercial or industrial buildings or parking areas.

154)       Street, public means any public thoroughfare or right-of-way, dedicated for public use, which provides vehicular access to adjacent land.

155)       Structure shall mean anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and arbors or breeze-ways, but excepting utility poles, fences, retaining walls and ornamental light fixtures. (Ord. 1738, eff. 10/31/03)

156)       Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls. (Ord. 1738, eff. 10/31/03)

157)       Subdivider or developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

158)       Subdivision means he division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land. The term shall also include and refer to any division of land, lot line adjustment, and elimination of lot lines on previously subdivided or platted land. Subdivision includes resubdivision and condominium creation or conversion.

159)       Tentative or conditional approval means an approval with recommended alterations or conditions given to a plat application by the Planning, Zoning, and Variance Commission. Accordingly, all recommended alterations or conditions must be met for a sketch plan application before a preliminary plat application may be submitted, all conditions must be met for a preliminary plat application before a final plat application may be submitted, and all conditions for a final plat application must be met before a final plat may be released for recordation.

160)       Title commitment means formal documentation from a title company listing the name of the owner of the property under consideration, the legal description of the property and any legal holdings on the property such as easements, rights-of-way or liens.

161)       Title report means a report prepared and executed by a title company authorized to do business in the State of Colorado certifying the true owner of the property and describing all encumbrances of record which affect the property.

162)       Traffic Impact Study means a report by a professional Civil Engineer analyzing anticipated roadway conditions and addressing such related areas as access and circulation, within and outside of a development.

163)       Trail means a linear feature, or corridor, constructed for the purposes of providing access to/from residential and nonresidential uses, access to the City's cultural assets, and recreational opportunities to pedestrians and bicyclists.

164)       Trailer park: See Mobile home park. 

165)       Travel trailer shall mean any trailer designed for occupancy which is thirty-three feet (33') or less in length and eight feet (8') or less in width and not used as a dwelling or dwelling unit. 

166)       Trip means a single or one-way vehicle movement to or from a property or study area. “Trips” can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

167)       Usable open space (public or quasi-public) shall mean open area designed and developed for uses including, but not limited to, recreation, courts, gardens, parks, and walkways. The term shall not include space devoted to street parking and loading areas. (Ord. 1738, eff. 10/31/03)

168)       USGS datum means United States Geological Survey basis of elevations.

169)       Undeveloped land means land that has never been developed.

170)       Vacant land means land that was previously developed, but no longer in use.

171)       Variance shall mean the relaxation of the terms of the Zoning Regulations in relation to height, area, size and open spaces where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted uses. (Ord. 1738, eff. 10/31/03)

172)       Viewshed protection means to minimize the impact of man-made structures and grading on the ridges of hills, mesas, mountains, open spaces, and similar natural features, when within view from public rights-of-way.

173)       Walkway means:

a.            A right-of-way dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a subdivision block by means of a hard surface path.

b.            Any portion of a parking area restricted to the exclusive use of pedestrian travel.

174)       Yard shall mean an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

175)       Yard, front shall mean a yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building or any projections thereof. The front yard shall be on the side of the lot which has been established as frontage by the house numbering system. 

176)       Yard, rear shall mean a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building including any projections. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. 

177)       Yard, side shall mean a yard extending from the front yard to the rear yard and being the space between the side lot line and the side of the main building including any projections. 

178)       Zone district shall mean a zoned area in which