Chapter 14 - Land Use Code - Articles 1 to 4

ARTICLE 1.          GENERAL PROVISIONS
Sections 
14-1.      Title
14-2.      Effective Date
14-3.      Purpose and Intent
14-4.      Authority
14-5.      Applicability and Jurisdiction
14-6.      Enforcement
14-7.      Inspection
14-8.      Penalty 
14-9.      Liability for damages
14-10.    Fees for Administration of the Land Use Code
14-11.    Legislative Provisions 

ARTICLE 2.          CITY PLANNING, ZONING AND VARIANCE COMMISSION   
14-12.    City Planning, Zoning and Variance Commission; Establishment    
14-13.    Powers and Duties of Commission
14-14.    Relationship to Comprehensive Plan 
14-15.    Filing and Approval of Plats
14-16.    Reserved
14-17.    Reserved
14-18.    Reserved
14-19.    Reserved 

ARTICLE 3.          SUBDIVISIONS REGULATIONS
14-20.    Purpose and Intent
14-21.    Interpretation of Conflicting Regulations
14-22.    Types of Subdivisions
14-23.    Plat Approval Required
14-24.    Pre-Application Process 
14-25.    Preliminary Plat 
14-26.    Final Plat            
14-27.    Minor Subdivisions           
14-28.    Condominiumization       
14-29.    Plot Plan: Single-Family Home or Duplex 
14-30.    Site Plan: Multi-Family, commercial and Industrial Developments               
14-31.    Lot line and/or easement adjustment and lot consolidation           
14-32.    Vacation/Dedication of Right-of-Way      
14-33.    Public Land Dedication   
14-34.    Subdivision Improvements           
14-35.    Reserved             
14-36.    Reserved             
14-37.    Reserved             
14-38.    Reserved             

ARTICLE 4.          ZONING ORDINANCE      
14-39.    Establishment of Zone Districts   
14-40.    Zoning Map and Boundaries        
14-41.    General District Regulations        
14-42.    Uses by Right and Conditional Uses          
14-43.    Conditional Use Permits (CUP)    
14-44.    Expansion of the List of Permitted Uses  
14-45.    Administrative Adjustments         
14-46.    Amendments      
14-47.    Planned Unit Development (PUD)             
 14-48.    Variances            
14-49.    Use Specific Standards    
14-50.    Non-Conforming Uses and Structures      
14-51.    Reserved.            
14-52.    Reserved.            
14-53.    Reserved.            
14-54.    Reserved.            
14-55.    Reserved.            
14-56.    Reserved.            
14-57.    Reserved.            

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ARTICLE 1.          GENERAL PROVISIONS

Section 14-1.      TITLE

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

Section 14-2.      EFFECTIVE DATE

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

Section 14-3.      PURPOSE AND INTENT

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

B.           Intent. This Code is intended to:
Section 14-4.      AUTHORITY

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

Section 14-5.      APPLICABILITY AND JURISDICTION

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

B.           Compliance Required.

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

Section 14-6.      ENFORCEMENT

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

Section 14-7.      INSPECTION

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

Section 14-8.      PENALTY

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

Section 14-9.      LIABILITY FOR DAMAGES

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

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

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

A.           Development Review Fees.

Section 14-11.    LEGISLATIVE PROVISIONS

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

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

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

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

ARTICLE 2.          CITY PLANNING, ZONING AND VARIANCE COMMISSION

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

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

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

C.           Membership; Removal.

Section 14-13.    POWERS AND DUTIES OF COMMISSION

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

Section 14-14.    RELATIONSHIP TO COMPREHENSIVE PLAN

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

Section 14-15.    FILING AND APPROVAL OF PLATS

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

Section 14-16.    RESERVED

Section 14-17.    RESERVED

Section 14-18.    RESERVED

Section 14-19.    RESERVED

ARTICLE 3.          SUBDIVISIONS REGULATIONS

Section 14-20.    PURPOSE AND INTENT

A.           Purpose and Intent.

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

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

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

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

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

Section 14-21.    INTERPRETATION OF CONFLICTING REGULATIONS

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

Section 14-22.    TYPES OF SUBDIVISIONS

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

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

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

Section 14-23.    PLAT APPROVAL REQUIRED

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

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

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

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

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

Section 14-24.    PRE-APPLICATION PROCESS

A.           Pre-Application Purpose. The pre-application process is collaborative from the onset and two-fold. First, it provides the City the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss her/his development plans, explain how the plans will further the community’s vision and obtain input and direction early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision. Topics to be discussed may include:
B.           Pre-Application Conference. A pre-application conference must be completed prior to submitting an application to the Planning Division unless it is designated as optional under the application process procedures. The following materials are required to be submitted to staff one week prior to the pre-application conference:

C.           Additional Information.

Section 14-25.    PRELIMINARY PLAT

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

B.           Preliminary Plat Application Process.

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

Section 14-26.    FINAL PLAT

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

B.           Final Plat Application Process.

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

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

11.         Final Drainage Plans and Reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria to include any applicable storm water regulations. The plan and report must provide:
12.         Final Grading Plan. The final grading plan shall illustrate existing and proposed contours and lot and block grading details.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 14-27.    MINOR SUBDIVISIONS

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

B.           Minor Subdivision Plat Application Process.

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

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

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

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

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

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

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

Step 8: Planning Division Review and Action.

Step 9: Post Approval Actions. Within ten (10) days after a final decision on the application, the Planning Division shall provide written notification of the decision. Immediately following, these steps shall be taken for execution, signing and recordation of the Subdivision Improvement Agreement and Minor Subdivision Plat:
C.           Minor Subdivision Plat Review Criteria. The City shall use the following criteria to evaluate the applicant’s request. The proposed plat:

Section 14-28.    CONDOMINIUMIZATION

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

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

C.           Condominiumization Application Submittal. All proposed condominium projects shall submit a preliminary and final plat containing the information and requirements specified for Preliminary Plat Application Submittal and Final Plat Application Submittal in this Article. In addition, the following information to be submitted shall include:
D.           Condominiumization Conversions. An applicant proposing to condominiumize an existing building is exempt from these procedures with the following exceptions:
E.            Post Approval Actions. Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision. Immediately following, these steps shall be taken for executing, signing and recordation of the Subdivision Improvement Agreement and the Final Condominium Plat:

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

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

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

B.           Plot Plan Process.

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

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

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

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

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

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

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

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

C.           Site Plan Process.

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

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

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

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

Step 5: Applicant Addresses Staff Comments. The applicant shall submit the following to the Planning Division:
Step 6: Site Plan Agreement. Staff may require that the applicant execute a Site Plan Agreement to assure the construction of on-site and off-site improvements as a condition of approval of the Site Plan. Guarantees in the Site Plan Agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.

Step 7:  Planning Division Review and Action.
Step 8: Post Approval Actions.  Within ten (10) days after a final decision on the application, the Director or her/his designee shall provide written notification of the decision.  Immediately following, these steps shall be taken for execution and signing of the Site Plan Agreement and the Site Plan Map.
D.  Site Plan Review Criteria. The site plan must meet the following review criteria:
E.  Amendments to Approved Site Plans.
Changes to approved site plans shall be considered as a new site plan application. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the City.

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

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

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

B.  Applicability. The Director shall be authorized to grant lot line and/or easement adjustments that meet all of the following conditions: C. Lot Line and/or Easement Adjustment Application Process.

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

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

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

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

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

D. Lot Line and/or Easement Adjustment Review Criteria.
E.  Term effect of Approval.
Section 14-31.2. Lot Consolidation

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

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

Step 1: Submit Lot Line Consolidation Application Package. The application shall include:
Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

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

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

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

D. Lot Consolidation Review Criteria.
E.  Term effect of Approval.
Section 14-32.    VACATION/DEDICATION OF RIGHT-OF-WAY

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

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

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the applicant may submit a vacation of right-of-way application.
Step 2: Vacation of Right-of-Way Application Submittal. The applicant shall submit a complete vacation of right-of-way application to the Planning Division. The application shall include:
Step 3: Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

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

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

Step 6: Applicant Addresses to Staff Comments. The applicant shall submit the following to the Planning Division:
Step 7: Final Staff Review and Report to City Council. Staff will complete a final review of the resubmitted materials and then prepare a report to City Council explaining how the application is or is not consistent with the vacation of right of way review criteria.

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

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

Step 10: Post Approval Actions. Ten (10) days after the adoption of the Ordinance approving the vacation of right of way:
C.  Vacation of Right-of-Way Review Criteria.
D.  Dedication of Right-of-Way. The dedication of right of way is typically handled as a part of the Major Subdivision process.  Occasionally, it is necessary to dedicate right of way to the public, outside of the Subdivision process.  This process accomplishes the dedication of right of way outside of Major Subdivision.

Step 1: Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required before the applicant may submit a dedication right-of-way application.
Step 2: Dedication of Right-of-Way Application Submittal. The applicant shall submit a complete dedication of right-of-way application to the Planning Division. The application shall include:
Step 3: Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the revised application to the Planning Division.

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

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

Step 6: Applicant Addresses to Staff Comments. The applicant shall submit the following to the Planning Division:
Step 7: Final Staff Review and Report to City Council. Staff will complete a final review of the resubmitted materials and then prepare a report to City Council explaining how the application is or is not consistent with the dedication of right of way review criteria.

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

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

Step 10: Post Approval Actions. Within ten (10) days after a final decision on the application:
E. Dedication of Right-of-Way Review Criteria.
Section 14-33.    PUBLIC LAND DEDICATION
In order to provide for parks, open space, schools, and other public facilities necessary to serve the residents and employees of new development, the City of Trinidad requires land dedication for these purposes in any new subdivision or resubdivision.

A. Land Dedication. The subdivider shall dedicate public sites for open space or other civic purposes in accordance with the following requirements:
B. Payment-in-lieu of land dedication. A subdivider may request to pay cash-in-lieu of land dedication. The City Council has the sole and absolute discretion to grant such a request, in whole or in part, upon a finding that the required dedication of land would not be in the best interests of the City or the eligible agencies that may be the recipients of the land. Cash in lieu of land dedication shall be based on the fair market value of the unimproved land that would have to be dedicated under the provisions of Section A of this Section. The fair market value shall be determined as follows:
C. Determination of Land Dedication or Payment in Lieu Option. In determining which of the above options to implement, the City Council shall consider the following:
D.  Impact Analysis Option. In the event a subdivider proposes a lower percentage of land to be dedicated than required by this Section, the subdivider shall prepare, or have prepared, a Public Facility Impact Analysis. The Analysis shall be prepared by a person qualified and with relevant experience necessary to conduct the Public Facility Impact Analysis and shall include the following:
E. Acceptance of Land Dedication. Land dedication for public purposes shall be considered accepted upon the signing of the final plat by the Mayor of the City and recording of the deed required by Section F.

F. Conveyance of Dedicated Land or Payment in Lieu.
Section 14-34.    SUBDIVISION IMPROVEMENTS

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

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

Section 14-35.    RESERVED
Section 14-36.    RESERVED
Section 14-37.    RESERVED
Section 14-38.    RESERVED

ARTICLE 4.        ZONING ORDINANCE

Section 14-39.    ESTABLISHMENT OF ZONE DISTRICTS

A. In order to carry out the purpose of this Article, the City of Trinidad, is hereby divided into and twelve (12) districts as follows:
Section 14-40.    ZONING MAP AND BOUNDARIES

A. Zoning Map. The location of the zone districts hereby established are shown on the map entitled "Zone District Map of Trinidad Colorado," dated [insert date] and subsequently amended, and as may be amended additionally  thereafter under the provisions of this Article. Such map along with any explanatory matter thereof, is hereby made a part of this Article as if the same were set forth in full herein. In determining the boundaries of zone districts shown on the Zoning Map, the following rules shall apply:
Section 14-41.    GENERAL DISTRICT REGULATIONS

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

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

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

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

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

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

Section 14-42.    USES BY RIGHT AND CONDITIONAL USES

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

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

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

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

Table 14-42: Use Table*
P=Permitted Use by Right C=Conditional Use Blank=Prohibited
*The land uses and activities are classified first by general “use categories,” then by specific “use type” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and typical site conditions. This system provides a basis for assigning present and future land uses into appropriate zoning districts. The use categories are merely an indexing tool and are not regulatory. The far right-hand column, “use-specific standards,” cross-references to additional requirements that shall be met for that specific use type.
RESIDENTIAL USES
Use Category: Household Living
Use Type	O				RE											LDR							MDR					HDR						MHR						NS		CC				I					HP				TMU						Use Specific Standards
Single family detached					P											P							P																	P											P				P						Sec. 14-67
Single family attached																							P					P												P											P				P						Sec. 14-67
Two-family dwellings																							P					P												P											P				P						Sec. 14-67
Multifamily dwelling																							P					P												P		P									P				P						Sec. 14-67; In HP - Permitted above street level; In I - dwelling unit conditional provided a use permitted by right is taking place therein.
Mobile Homes and Tiny homes																																		P																											Sec. 14-49.1
Live-work					C											C							C					C												P		P				C					P				P						Sec. 14-67 Sec. 14-49.1; In I – dwelling unit conditional provided a use permitted by right is taking place therein.
Use Category: Group Living
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I					HP				TMU						Use Specific Standards
Assisted Living Facility																						C						C																							C				C						Sec. 14-67
Continuum of care or nursing home																						C						C																							C				C						Sec. 14-67
Group home															P							P						P
Rehabilitation Center																						C						C						C								P									P				P						Sec. 14-67
COMMERCIAL USES
Use Category: Agriculture or Animal Related Services
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I					HP				TMU						Use Specific Standards
Community Garden	P				P										P							P						P						P						P		P									P				P
Kennel																																										P				P									C						Sec. 14-49.3
Ranching, Farming or General Agriculture	P				C																																									C															With the exception of feed lots and animal sale barns
Veterinary hospital or clinic																																								P		P				P					C				C
Domestic Animals					P										P							P						P						P						P		P				P					P				P						Provided such animals are household pets and kennels are not maintained.
Farm Animals	P				P																																																		P
Use Category: Adult Entertainment Establishments
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I					HP				TMU						Use Specific Standards
Sexually-Oriented Business																																														C
Use Category: Hospitality
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I				HP					TMU						Use Specific Standards
Camping and Lodges	C																																	C																					P
Hotels and motels																																										P				P				P					P						In HP - Hotel and other lodging establishments small (1-16 rooms) are permitted while large (17+ rooms are conditional.
Resorts/Dude Ranches																																										P				P									P						Required 1st floor lobbies along property frontage
Bed and Breakfast Inns					C										C							C						P												P		P								P					P						Sec. 14-49.4 and Sec. 14-49.6
Riding Stables	P																																									C				P									P
Short-term rentals					C										C							C						C						C						C		P								P					P						Sec. 14.49.5
Use Category: Offices and Professional Services
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I				HP					TMU						Use Specific Standards
Business, professional and semi-professional offices																																								P		P				P				P					P
Mortuary or embalming establishment or school																																								C		P				P				C											Sec. 14-49.9
Funeral home																																								C		P				P				C											Sec. 14-49.9
Use Category: Food and Beverage
Use Type	O				RE										LDR							MDR						HDR						MHR						NS		CC				I			HP						TMU						Use Specific Standards
Bar, or tavern															C							C						C												P		P				C			P						P						Sec. 14-49.6
Drive through facilities																																								C		P				P									P
Food and beverage process																																														P															Sec. 14-49.9
Microbrewery, distillery, or winery																						C						C												C		P				P			C						P						Sec. 14-49.8 and Sec. 14-49.5
Nightclub																																										P				P			P						P
Brewery																																										P				P			P						P						Sec. 14-49.9
Restaurant																						P						P												C		P				P			P						P						Sec. 14-49.6
Use Category: Retail and Service Establishments
Use Type	O				RE									LDR								MDR						HDR						MHR						NS		CC		I			HP					TMU							Use Specific Standards
Auto parts supply store																																										P		P			C
Art galleries																						P						P												P		P		P			P					P
Art studios																						P						P												C		P		P			P					P
Personal service																																								P		P		P			P					P
Retail sales																																								P		P		P			P					P
Convenience Stores																																								P		P		P			P					P
Day nursery or child-care center														C								C						C						C						P		P		P			P					P
Antique Shops																						P						P												P		P		P			P					P
Medical and Retail Marijuana – including walk-up and drive through facilities																																										C		C			C
Use Category: Vehicular and Transportation
Use Type	O					RE									LDR							MDR						HDR						MHR						NS		CC				I			HP					TMU						Use Specific Standards
Airport																																														P
Vehicle sales																																										P				P			C					C						In HP - prohibited above street level.
Automobile service																																										P				P			P					C
Automobile fueling																																								C		P				P			C					C
Private parking lots																																										C				P			C					C						In HP - parking facilities (not ancillary to a given structure) surface and deck is Conditional.
Public parking lots																																								P		P				P			P					P						In HP - parking facilities (not ancillary to a given structure) surface and deck is conditional.
Transit facility																																										P				P			C					P
INDUSTRIAL USES
Use Category: General Industrial
Use Type	O					RE								LDR								MDR						HDR					MHR							NS		CC				I				HP				TMU						Use Specific Standards
Service and repair garage																																														P														Sec. 14-49.9
Builders supply yards, sale of cement and concrete products, and lumber yards																																										C				P														Sec. 14-49.9
Use Category: General Industrial
Use Type			O					RE							LDR							MDR					HDR						MHR							NS		CC				I				HP				TMU					Use Specific Standards
Manufacturing, compounding																																														P													Sec. 14-49.9
Scientific Research																																										C				P													Sec. 14-49.9
Storage of Materials																																														P													Sec. 14-49.9
Fabrication, assembling, disassembling, processing or treatment of products																																										C				P				C									Sec. 14-49.9; In CC and HP - incidental to retail sales from the premises is permitted, provided that not more than 25% of floor area occupied by such business is used for manufacturing, processing, assembling, diassembling, treatment, installation and repair of products.
Use Category: Storage and Warehousing
Use Type				O					RE							LDR						MDR					HDR						MHR						NS		CC					I			HP				TMU					Use Specific Standards
Wholesale distribution or warehouse																																									P					P											Sec. 14-49.9; In CC - wholesaling of products provided that storage space does not exceed 1,500 sq. ft. of floor area.
Wholesale Establishment less than or equal to 1,500 sq. ft. of floor area																																														P			C								Sec. 14-49.9; Above street level in HP it is Conditional.
Wholesale Establishment greater than 1,500 sq. ft. of floor area																																														P											Sec. 14-49.9
Mini-warehouse/Personal storage																											C														C					P											Sec. 14-49.8
Use Category: Energy and Utilities
Use Type				O						RE						LDR				MDR				HDR					MHR						NS						CC					I			HP				TMU				Use Specific Standards
Non-City-owned electric substations and gas regulator stations				C						C						C				C				C											C						C					C			C
Wireless Telecommunications Facility  - New Facility																																			C						C					C			C				C				Sec. 14-49.7
Wireless Telecommunications Facility  - Substantial Change																																			C						C					C			C				C				Sec. 14-49.7
Wireless Telecommunications Facility  - Eligible Facilities Request																																			P						P					P			P				P				Sec. 14-49.7
PUBLIC, INSTITUTIONAL, AND CIVIC
Use Category: Community and Cultural Facilities
Use Type			O								RE							LDR				MDR				HDR						MHR						NS			CC				I					HP				TMU					Use Specific Standards
Cemetery and mausoleum			C															C				C
Church or place of worship											C							C				C				C						C						C			P									C				P
Club or lodge																																						P			P									P				P
Community service agency																																						C			P									P				P
Government offices or services																						P				P												P			P				P					P				P
Public uses			C																			C				C												C			P				P					P				P
Library																		P				P				P						P						P			P									P				P
Museum																																						P			P				P					P				P
Theater or Performing Art Center (small - 1-149 seats)																																						P			P				C					P				P
Theater or Performing Art Center (large - 150 + seats)																																						C			P				C					P				P
Use Category: Recreation and Entertainment
Use Type				O								RE							LDR		MDR				HDR					MHR							NS						CC			I					HP				TMU					Use Specific Standards
Bowling alley																																					P						P			P					P				P
Golf course				P															C		C				C					C													P												P
Indoor recreation or entertainment																																					P						P			P					P				P
Outdoor entertainment facility																																					C						C			C					C				P
Outdoor recreation facility																																					C						C			C					C				P
Park and playground				P								P							P		P				P					P							P						P			P					P				P
Use Category: Education Facilities
Use Type				O									RE						LDR		MDR				HDR					MHR						NS					CC			I				HP								TMU					Use Specific Standards
College or university																																				C					C			C				C								P
Cultural exhibits																																				P					P							P								P
Day nursery or child-care center																			C		C				C					C						P					P			P				P								P
Elementary or secondary school													C						C		C				C					C						P					P							C								P
Trade or vocational school																																				P					P			P				C								P
Use Category: Healthcare Facilities
Use Type				O									RE						LDR		MDR				HDR					MHR						NS					CC			I				HP								TMU					Use Specific Standards
Medical or dental clinic, office, or laboratory																			C		C				C					C						P					P			P				P								P
Hospital				C																																P					C			C												C
ACCESSORY USES AND STRUCTURES

Use Type

O

RE

LDR

MDR

HDR

MHR

NS

CC

I

HP

TMU

Use Specific Standards

Accessory dwelling unit

P

P

P

P

P

P

P

Sec. 14-49.9.1(A)

Home occupation

P

P

P

P

P

P

P

P

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

OTHER

Use Type

O

RE

LDR

MDR

HDR

MHR

NS

CC

I

HP

TMU

Use Specific Standards

Uses Not Specified

C

C

C

C

C

C

C

C

C

C

C

1. Residential District Dimensional Standards.

Table 14-42.A: Residential District Dimensional Standards
	RE	LDR	MDR	HDR	MHR
Project and Site Requirements
Lot area, min. (sf)	15,000	6,000	5,000 / duplex;  10,000 if 2 duplex units are one lot; 1,500 for single-family attached dwellings	2,500; 1,500 for duplex & single-family attached dwellings; 6,000 for apartments and condos
Lot frontage, min. (ft)	75'	50'	40' SFA and 75’ for duplex	25'	~~
Maximum Density			10 DU/Acre	25 DU/Acre	7 DU/acre
Yard Requirements
Front setback, min. (ft) [6] [7]	25'	25'	15'	15'	15'
Side setback, min. (ft)	10'	5'	5'	5'	5' Interior [2]
Rear setback, min. (ft)	10'	10'	10'	10'	8' [3]
Rear setback, min. (ft), accessory structures[1]	10'	5'	5'	5'	5'
Building coverage, max.	~~	60%	55%	75%	~~
Required landscaping, min.	~~	25%	20%	15%	25%[5]
Building separation between units	~~	~~	~~	~~	10'
Building Requirements
Building height, max. (ft)	2 1/2 stories or 25'	2 1/2 stories or 25'	2 1/2 stories or 25'	3 1/2 stories or 35'	2 1/2 stories or 25''[4]
Floor area, min (sf)	800 sf/DU[1]	1 bdrm DU-650 sf 2 bdrm DU- 800 sf 3 bdrm DU-900 sf 4 or more bdrms DU-1,000 sf	1 bdrm DU-650 sf 2 bdrm DU- 800 sf 3 bdrm DU-900 sf 4 or more bdrms DU-1,000 sf	400 sf per 1 MF DU	~~
Notes:[1] No rear setback required when alley is present.[2] 15' abutting a street; For mobile home courts fronting on a State or Federal Highway, the required setback shall be 50'.[3] 25' rear setback abutting a street.[4] Common area structures maximum height is 30'.[5] The minimum amount of outdoor common area incorporated into any project shall be 25% of the gross acreage.[6] On corner lots, all sides of the lot with street frontage shall meet the applicable minimum front setback.[7] Where lots have double frontage, the required front yards shall be provided on both streets. The following additional height regulations shall apply to all zone districts as set forth in this Article:(1) Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances may exceed the maximum height regulations of the zone district in which they are located provided the maximum height for the use under question is set by the Commission, but in no instance shall such use exceed one hundred feet (100') in height.(2)  Hospitals, institutions or schools, when permitted in a zone district, may exceed the maximum height regulations of the zone district in which they are located but in no instance shall such use exceed forty-five feet (45') in height.

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

Table 14-42.B: Mixed-Use, Commercial and Other Nonresidential District Dimensional Standards
	NS	CC	I	HP	O	TMU
Project and Site Requirements
Lot area, min. (sf)	~~	~~	~~	2,500; No min for commercial uses as set forth in the NS and CC zone districts	½ acre for all uses permitted by right1 acre for conditional uses unless otherwise specified by PZVC	16,000
Lot frontage, min (feet)	~~	~~	~~	25'; No min for commercial uses as set forth in the NS and CC zone districts	100’ for each principalstructure	75'
Yard Requirements
Front setback, min. (ft)	25'[1]	~~	~~	No min for multi-family or non residential uses in HDR, NS or CC zone districts, except for motor fuel pump	50' for all principal structures	25'
Side setback, min (ft)	~~	~~	~~	No minimum for multi-family or commercial uses set forth in the HDR, NS or CC zone districts; 10' for SFR	10'	10'
Rear setback, min. (ft)	~~	~~	~~	No minimum for multi-family or commercial uses set forth in the HDR, NS or CC zone districts; 10' for SFR	10' for principal and accessory structures	10'
Rear setback, accessory structure, min. (ft)	0	0	0	0	0	0
Building coverage, max.	85%	85%	80%	75%	~~	85%
Required landscaping, min.	15%	15%	10%	15%	~~	15%
Building Requirements
Building height, max. (ft)	3 1/2 stories or 35' for Residential	5 stories or 50'	5 stories or 50'	3 1/2 stories or 35' for Residential; 5 stories or 50' for commercial	2 1/2 stories or 25' - No limit for ag blds	3 1/2 stories or 35' for Residential; 5 stories or 50' for commercial
Floor area, min (sf)	~~	~~	~~	No min for commercial uses	800 sq per structure	No min for commercial uses
Notes:[1] Match adjacent structure.

Section 14-43.    CONDITIONAL USE PERMITS (CUP)

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

B.           Conditional Use Permit (CUP) Review Process.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Step 3: Periodic Review Application Submittal. Within ten (10) days of the date of notice, the CUP operator must provide the following materials:
Step 4: Administrative Action. At the conclusion of periodic review by the Director or her/his designee, the Director shall render a written decision to renew the CUP or to refer it to the Commission. The CUP operator shall be issued a copy of the written decision of the Director as soon as practicable after the decision has been rendered. Unless such decision is sent to Planning, Zoning, and Variance Commission as outlined in this Section or appealed to the City Council in accordance with Code Section 14-113, the decision shall become final when the appeals period lapses.

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

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

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

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

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

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

Section 14-45.    ADMINISTRATIVE ADJUSTMENTS

A.   Applicability.

Table 14-45: Administrative Adjustments
Ordinance Standard	Amount of Variation Permitted from Ordinance Standard
All Permits and Approvals
Building setbacks	25%
Maximum lot coverage	10%
Maximum building height	15% in Residential districts; 25% in other districts
Maximum size of ADUs	10%
Roof Pitch	Reduction in roof pitch that is similar and complementary to or compatible with the principal building
Signs
Maximum total sign area	10%
Maximum number of signs	1 additional sign
Sign setbacks	15%
Existing Single-Family Property
Setbacks	25%
Minimum lot size	10%
Commercial, NS, HP, Tourist Mixed Use Properties
Setbacks	10%
Redevelopment	The minimum amount needed to allow redevelopment of the property given the location of lawfully existing buildings and structures that will remain after redevelopment.

B.           Procedure.

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

C.           Criteria for Approval.

Section 14-46.    AMENDMENTS

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

B.           Declaration of Policy and Criteria for Rezoning.

C.           Procedure for Amendments in General.

D.           Amendments to the Official Zoning Map.

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

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

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

Section 14-47.    PLANNED UNIT DEVELOPMENT (PUD)

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

Section 14-47.1.               Applicability

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

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

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

Section 14-47.2. PUD Application Process

PUD applications shall be processed and considered as follows:

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

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

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

Step 4: Application Referral. Staff shall circulate the complete application to referral individuals and agencies.

Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a review of the PUD Plan based on the PUD review criteria and referral comments received. Staff will then prepare a report and forward this report to the applicant.

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

Step 7: Final Staff Review and Report to Planning, Zoning, Variance Commission. Staff will complete a final review of the resubmitted materials, as applicable, and prepare a report to the Planning, Zoning, and Variance Commission.

Step 8: Schedule PUD Rezoning Public Hearing and Complete Public Notification Process. At least ten (10) days prior to the Planning, Zoning, and Variance Commission and City Council public hearing dates, the City will provide notice of the public hearing to the abutting property owners and publish in the local newspaper. At least fifteen (15) days prior to the public hearing, the City shall post a sign notice on the subject property that must be visible from the street. Notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the application type, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application.

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

Step 10: City Council Action. The PUD application shall be presented to the City Council for its review and action. The City Council may approve, conditionally approve or deny the PUD based on the PUD Standards and Review criteria. PUD zoning shall be inseparable from a PUD Plan.

Step 11: Post Approval Actions; Effective Date: Following approval of a PUD, the applicant shall submit final copies of the PUD Plan to the Director or designee with any applicable recording fee. Upon the applicant’s filing of the approved final PUD documents, the City shall record the same with the Clerk and Recorder.

Section 14-47.3.               PUD Review Criteria

A.           In reviewing a proposed PUD and associated PUD Plan, the Commission and City Council shall consider whether:

Section 14-47.4.               PUD Standards

A.           Minimum Land Area.

The minimum project area for a PUD shall be five acres to prevent use of the PUD process for smaller projects that simply do not comply with the Code requirements.  The Director may reduce the required minimum size of a PUD district, if it is determined that the proposed district will still meet the purpose of the PUD zone identified in Section 14-47(A) above. In no event may a PUD be applied to any property less than one acre.

B.           Clustering Lots.

The clustering of development with useable common open areas shall be permitted to encourage access to common open areas and to reduce street and utility construction and maintenance costs. Clustering is also intended to accommodate contemporary building types that share common side walls, combined service facilities, or similar architectural innovations, whether or not providing for separate ownership of land and buildings.

C.           Residential Density.

The average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross areas expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformance to the purpose of this Code.

D.           Building Height.

The maximum height of buildings may be increased above the maximum permitted for buildings in other zoning districts. The maximum permissible building height in a PUD shall be established through the PUD review and approval process and determined by considering the following:

E.            Permitted Uses.

The PUD Plan shall specify the uses allowed within the PUD. A PUD Plan may include uses not allowed in the base zone district.  However, the use or uses added to the base district shall be listed in Table 14-41: Use Table.  Addition of uses to the base zone district shall be based on compatibility with the surrounding land uses.

F.            Conformance with Subdivision Regulations.

Any area proposed as a planned unit development shall be subject to the requirements for review and approval under the subdivision regulations, except as provided in this Article. Such subdivision review may be carried out concurrently with consideration of the planned unit development district application as outlined in this Article.

G.           Common Open Space.

A minimum of 25 percent of the total area within the boundary of any PUD shall be devoted to usable and accessible common open space. The City Council may reduce such requirement if it finds that such decrease is warranted and that the needs of the occupants of the PUD for common open space can otherwise be met through the proposed PUD and the surrounding area.

H.           Ownership and Maintenance.

Section 14-47.5.               Amendments to an Existing PUD

Except for minor amendments, an approved PUD may only be amended by approval of a new PUD application submitted and reviewed in accordance with the PUD Application Process as outlined in this Article.

Section 14-47.6.               Obsolete PUD 

A.           A PUD may be deemed obsolete and PUD approval is revoked if the Planning, Zoning, and Variance Commission finds, after notice and hearing, appropriate for a rezoning, that any of the following conditions exist:
Section 14-47.8.               Completion of a PUD

A.           The Director shall issue a certificate certifying completion of the planned unit development and shall note the issuance of the certificate on the zoning map and on the district’s PUD plan.

B.           After completion, the use of land and the construction, modification, or alteration of any buildings within the planned unit development district will be governed by the approved PUD plan.

Section 14-48.    VARIANCES

A.           Powers of the Planning, Zoning, and Variance Commission. The City Planning, Zoning, and Variance Commission shall have, in addition to other powers set forth in this Chapter, the following additional powers:

B.           Variance Review Process.

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

Step 2: Variance Application Submittal. The applicant shall submit a complete variance application to the Planning Division that includes the following items:

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

Step 4: Refer Application. Staff shall circulate the complete application to referral individuals and agencies.

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

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

Step 7: Final Staff Review and Report to Planning, Zoning, and Variance Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Commission.

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

Step 9: Planning, Zoning, and Variance Commission Action. The variance application shall be presented to the Planning, Zoning, and Variance Commission for its review and action. The applicant and/or applicant agent must be present at the public hearing to address any questions by the Commission or members of the public. The Commission may approve, conditionally approve or deny the variance based on the variance review criteria.

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

C.           Variance Criteria for Approval. The Commission shall grant a variance only when an applicant demonstrates, by a preponderance of the evidence, that each of the following criteria are satisfied:
D.           Effect of Decision by the Planning, Zoning, and Variance Commission.

The appellant or applicant shall be issued a copy of the written decision of the Commission as soon as practicable after the decision has been rendered. Unless the decision is appealed to the City Council in accordance with Code Section 14-113, the decision shall become final when the appeals period lapses.

Section 14-49.    USE SPECIFIC STANDARDS

RESIDENTIAL

Section 14-49.1.               Mobile Homes and Tiny House Dwellings

A.           Applicability.

All Mobile Homes installed before the Effective Date, and Tiny House Dwellings shall comply with all applicable sections of this Code, and in addition shall comply with the following standards.

B.           Installation.

All Tiny Home Dwellings and Mobile Homes shall comply with State law and regulations, and shall be connected to City water, sewer, and electric utilities before occupancy for a period of more than 30 consecutive days.

C.           Minimum Site Area per Dwelling Unit.

D.           Outdoor Common Area.

The minimum amount of outdoor common area incorporated into any project shall be 25 percent of the gross acreage.

E.            Detention Ponds.

Any required detention and retention ponds shall be integrated into the site design and shall meet the requirements of the Engineering Design and Specifications Manual (“Manual”).

F.            Parking Standards.

G.           Street Standards.

H.           Pedestrian Linkages.

Convenient, safe pedestrian path networks at least five feet wide shall be provided from dwelling units to recreation areas, bus stops, parking areas, commercial uses, nearby schools, and any public facility. All access shall conform to the Manual.

I.             Refuse Disposal.

Trash dumpsters and recycling bins in each MHR district shall be located at convenient locations throughout the site and screened by a minimum six-foot-high enclosure, accessible by gate.

J.            Recreational Vehicle Parking Requirements.

K.            Exterior Lighting and Utilities.

Section 14-49.2.               Storage Containers/Shipping Containers.

A.           Temporary Standards.  The following standards apply to all temporary storage containers/shipping containers:

B. Permanent Standards.  The following standards apply to all permanent storage containers/shipping containers to be used as a living unit:

C. Storage and parking of recreational vehicles, campers, trailers, and boats.  The parking or storage of a recreational vehicle, camper, trailer or boat is permitted only in the following manner: (Ord. 3013, Sec. 14-49.2(C)(9), amended, eff. 2-12-21)

COMMERCIAL

Section 14-49.3.               Kennel

A.           Enclosed Building Requirements.

Section 14-49.4.               Bed and Breakfast

A.           A proprietor or manager shall reside on the property.

B.           Guest rooms shall be located in the principal building on the property.

C.           Meals shall be served only to overnight guests or employees of the bed and breakfast.

D.           Occupancy at a bed and breakfast shall not exceed 30 days, with the exception of the proprietor or manager.

Section 14-49.5.               Sidewalk Cafés

A.           Exception for City Uses. Subsection 14-49.5 Sidewalks Cafés does not apply to the City’s use of a public street or sidewalk.

B.           License Required. Prior to operating a Sidewalk Café or locating any item wholly or partially within the public street or sidewalk, the operator must obtain a license and obtain a resultant license agreement as outlined in the Subsection from the City. After obtaining the same, a Sidewalk Café operator must maintain a copy of such license at the Sidewalk Café premises and be able to present the same to a City official requesting to view the permit upon reasonable request or notice. The owner of the fee title to real property adjacent to a public street or a lessor authorized in writing by such an owner may apply for a license.

C.           Permissible Features of Sidewalk Café. A sidewalk café:

D.           Application Required. An applicant must file an application with the Director on a form approved by the Director. An application under this Subsection must include:

E.            Review, Findings, and Determination. The Director shall deliver a copy of each application the Director receives for comment to:

F.            Denial of Application; Reconsideration.

G.           License Agreement Execution and Delivery.

H.           Assignment or Termination of License Agreement.

I.             Furnishing Rearrangement. A licensee may rearrange or reconfigure approved tables, chairs, and other furnishings in the licensed area without obtaining an amendment to the license agreement, if:

J.            Offenses and Penalty.

INDUSTRIAL

Section 14-49.7.               Wireless Telecommunications Facilities

A.           Purpose, Intent and Goals. The purpose and intent of these provisions is to establish requirements for the siting of Wireless Communications Facilities. The goals of these provisions are to:

B.           Applicability.

The requirements set forth in this Section shall apply to all WCF applications for Base Stations, Alternative Tower Structures, Alternative Tower Structures located within Right-of-Way and Towers, as defined in Section 14-49.7.1 and as further addressed herein. The requirements set forth in this Section shall not apply to: 

C.           Operational Standards. 

D.           Design Standards. The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section as specified below; provided, however, that the City Manager may waive these requirements it he or she determines that the goals of this Section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the City, consistent with other provisions of this Code.

E.            Review Procedures and Requirements. No new WCF shall be constructed and no collocation or modification to any WCF may occur except after a written request from an Applicant, reviewed and approved by the City in accordance with this Chapter. All WCFs shall be reviewed pursuant to the following procedures:

F .           Standards of Approval.  It is the intent of the City to provide for approval of WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this Section, Code and all applicable law. Notwithstanding the approval of an application for collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in City Code and any other applicable regulations. 

               WCFs shall be evaluated for approval subject to the following criteria: 

G.           Standards for Small Cell Facilities and Network.

Section 14-49.7.1.            Definitions

The following words and phrases, when used in Section 14-49.7, shall have the meanings ascribed to them: 

Alternative Tower Structure means any man-made trees, clock towers, bell steeples, light poles, water towers, farm silos, and or similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area. 

Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devised and configurations. Exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. 

Antenna, Dish means dish (parabolic or cylindrical) antennas used for microwave and satellite transmission and reception for commercial purposes. This definition shall not apply to wireless cable satellite dish antennas or dish antennas less than one (1) meter measured diagonally. 

Base Station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of Base Station does not include or encompass a Tower as defined herein or any equipment associated with a Tower. Base Station does include, without limitation: 

Camouflage, Concealment, or Camouflage Design Techniques means a WCF is camouflaged or utilizes Camouflage Design Techniques when any measures are used in the design and siting of Wireless Communication Facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes Camouflage Design Techniques when it: 

Collocation means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and /or receiving radio frequency signals for communications purposes. 

Eligible Facilities Request means any request for modification of an Existing Tower or Base Station that does not Substantially Change the physical dimensions of such Tower or Base Station involving: 

Eligible Support Structure means any Tower or Base Station as defined in this Section, provided that it is Existing at the time the relevant application is filed with the City under this Section. 

Existing means a constructed Tower or Base Station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an Eligible Facilities Request, provided that a Tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition. 

OTARD means an Over-the-Air Receiving Device. 

OTARD Antenna means: 

OTARD Antenna Structure means any pole, tower, or other structure designed and intended to support and OTARD Antenna. 

Site, for Towers other than Towers in the Right-of-Way and Eligible Support Structures, means the current boundaries of the leased or owned property surrounding the Tower or Eligible Support Structure and any access or utility easements currently related to the Site. A Site, for other Towers in the Right-of-Way, is further restricted to that area comprising the base of the structure and to other related Accessory Equipment already deployed on the ground. 

Small cell facility means a wireless service facility that meets the following conditions: 

Small Cell Network means a collection of interrelated small cell facilities designed to deliver wireless service. 

Substantial Change means a modification that Substantially Changes the physical dimensions of an Eligible Support Structure if it meets any of the following criteria: 

Tower means any structure that is designed and constructed primarily built for the sole or primary purpose of supporting one (1) or more any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. 

Transmission Equipment means equipment that facilities transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 

Wireless Communications Facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directions, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and Towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the coverage of this Section.

Section 14-49.8.               Mini-Warehouses

A.           Lot Requirements.

B.           Development regulations.

C.           Use Restrictions.

Note: All storage, rental or purchase contracts shall include the above listed restrictions.

Section 14-49.9.               Industrial Performance Standards

A.           General. All industrial and commercial businesses, whether established as a use by right or conditional use permit , shall comply with the following standards to provide that these uses do not create any danger to safety in surrounding areas, do not cause water pollution and do not create offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences beyond the boundaries of the property in which such uses are located, and shall not be operated in any manner so as to constitute a public nuisance or hazard.

ACCESSORY USES AND STRUCTURES

Section 14-49.9.               Accessory Uses and Structures

A.           Intent. This Subsection authorizes the establishment of accessory uses and structures that are incidental and subordinate to principal uses.

B.           Approval of Accessory Uses and Structures.

All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the principal use, unless specifically prohibited in this Subsection. Accessory uses shall be subject to the standards in this Subsection as well as any applicable use-specific standards applicable to the associated principal use.

C.           General Standards for all Accessory Uses and Structures

Section 14-49.9.1.            Standards for Specific Accessory Uses and Structures

The following standards shall apply in addition to the General Standards of Subsection 14-49.9 Accessory Uses and Structures.

A.           Accessory Dwelling Unit

B.           Home Occupation.

Section 14-50.    NON-CONFORMING USES AND STRUCTURES

A.           Nonconformance. Certain uses of land and buildings may be found to be in existence at the time of passage of the Zoning Ordinance which do not meet the requirements as set forth herein. It is the intent of this Section to allow the continuance of such nonconforming use. However, the owner of each nonconforming use or property must register, with the City Council, the use of such property within one (1) year following the adoption of Ordinance Number 3003, and in addition, every five (5) years thereafter such nonconforming use or property must be verified by questionnaire from the City Council that such use is still operating and in existence on the property.

B.           Expansion or enlargement. Except as provided in the HP - Historic Preservation Zone District a nonconforming structure to be extended or enlarged shall conform with the provisions of this Article; a nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the enactment of the Zoning Ordinance.

C.           Repairs and maintenance. Except as provided in the HP - Historic Preservation Zone District the following changes or alterations may be made to a nonconforming building or to a conforming building housing a nonconforming use:

D.           Restoration or replacement.

E.            Discontinuance. Whenever a nonconforming use has been discontinued for a period of one (1) year, it shall not thereafter be re-established and any future use shall be in conformance with the provisions of this Article.

F.            Nonconforming lots. Nonconforming lots on record at the time of passage of the Zoning Ordinance may be built upon provided that all other relevant district requirements are met and the approval of the Commission is obtained.

G.           Change in nonconforming use. No nonconforming use of a building or lot may be changed to another nonconforming use. A nonconforming use of a building or lot may be changed to a conforming use.

H.           Construction prior to ordinance passage. Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued or City approval obtained and construction of which shall have been diligently prosecuted within three (3) months of the date of such permit or approval.

I.             Special exceptions to provisions on expansion of nonconforming uses. The Commission may authorize, upon appeal in specific cases, an exception permitting an increase in either or both the land area or the floor area in a structure or structures occupied by a nonconforming use, subject to terms and conditions fixed by the Commission. Every exception authorized hereunder shall be personal to the applicant therefore and shall not be transferable, shall run with the land only after the construction of any authorized structure and only for the life of such structure. No exception shall be authorized hereunder unless the Commission shall find that all the following conditions exist:

Section 14-51.    RESERVED.

Section 14-52.    RESERVED.

Section 14-53.    RESERVED.

Section 14-54.    RESERVED.

Section 14-55.    RESERVED.

Section 14-56.    RESERVED.

Section 14-57.    RESERVED.

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