Chapter 14 - Land Use Code - Articles 5 to 10
ARTICLE 5. COMMUNITY DESIGN STANDARDS
14-58. General Community Design
14-59. Lots and Blocks
14-60. Street and Connectivity Standards
14-61. Parking
14-62. Landscaping, Screening, and Fencing
14-63. Sidewalks, Trails, and Multi-Use Pathways
14-64. Utilities and Easements
14-65. Easements, General
14-66. Exterior Lighting
14-67. Architecture
14-68. Reserved.
14-69. Reserved.
14-70. Reserved.
14-71. Annexation Purpose
14-72. Statement of Policy and Review Criteria
14-73. Eligibility for Annexation
14-74. Annexation Procedure
14-75. Post Approval Actions
14-76. Annexation Agreement
14-77. Disconnection
14-78. Reserved.
14-79. Reserved.
14-80. Reserved.
14-81. Purpose
14-82. Exemptions
14-83. Sign Definitions
14-84. General Regulations
14-85. Sign Permit Approval Required
14-86. Temporary Sign Permits
14-87. Measurement of Signs
14-88. Sign Illumination
14-89. Limitations Based on Zone District
14-90. Limitations Based on Type of Sign
14-91. Non-Conforming Signs
14-92. Abandoned, Damaged, Destroyed or Hazardous Signs
14-93. Enforcement
14-94. Exception or Variance to Sign Regulations
14-95. Corazon de Trinidad Historic District
14-96. Creative Sign Program
14-97. Murals.
14-98. Reserved.
14-99. Reserved.
ARTICLE 8. PROTECTION OF FLOOD PLAINS
14-100. Statutory Authorization, Findings of Fact, Purpose and Objectives
14-101. Definitions
14-102. General Provisions
14-103. Administration
14-104. Provisions for Flood Hazard Reduction
14-105. Standards for Areas of Shallow Flooding (AO/AH Zones)
14-106. Properties Removed from the Floodplain by Fill
14-107. Standards for Critical Facilities
14-108. Penalties for Noncompliance.
14-109. Reserved.
14-110. Reserved.
14-111. City Council Designated as Board of Appeals
14-112. Powers and Duties
14-113. Appeals from Planning, Zoning and Variance Commission - Procedure
14-114. Reserved.
14-115. Reserved.
14-116. Reserved.
ARTICLE 10. VESTED PROPERTY RIGHTS
14-117. Purpose
14-118. Definitions
14-119. Approval - Effective Date Amendments
14-120. Notice of Approval
14-121. Payment of costs
14-122. Limitations
14-123. Reserved.
14-124. Reserved.
14-125. Reserved.
ARTICLE 5. COMMUNITY DESIGN STANDARDS
Section 14-58. GENERAL COMMUNITY DESIGN
A. Intent. The future character and environment of the City will be greatly affected by the design of subdivisions and developments that are approved by the City. Planning, layout and design of subdivisions, development and redevelopment of existing parcels are of utmost concern. The intent of the community design standards is to create a vital, cohesive, well-designed community in order to enhance Trinidad’s unique character and further the citizens’ goals as identified in the Trinidad Comprehensive Plan.
B. Community Design Elements.
1. Compact Urban Growth. As the community grows from the original City limits, it is important to maintain a continuity of density, diversity and interconnectedness. Urban development should occur adjacent to the City’s core so that the community’s rural land and natural areas are preserved and public infrastructure and utilities are used as efficiently as possible.
2. Neighborhood Design. Residents must have available to them within their neighborhoods, safe and convenient access and movement to points of destination or collection. Modes of travel to achieve this objective should be varied and should not conflict with each other or abutting land uses. Lots and blocks should provide desirable settings for the buildings that are to be constructed, make use of natural contours, protect views, and provide privacy of residents and protection from adverse noise, lighting and vehicular traffic. Natural features and vegetation of the area should be preserved. Schools, parks, churches and other community facilities should be planned as integral parts of neighborhoods.
3. Community Connectivity. All portions of a tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces. The design of subdivisions shall provide for efficient traffic flow, proper mixing of land uses, and a logical link between nearby existing developments and the proposed subdivision. The City's Comprehensive Plan is to be used as a guide in determining if the design of a proposed subdivision is proper. A plat may be denied or required to be redesign, if, in accordance with the Comprehensive Plan and any other adopted plans or policies, the proposed layout is not suitable for the site, or if the development of the subdivision would be premature.
4. Environment. New developments should be designed to fit within the environment by ensuring the following:
a. Subdivisions and land developments shall be designed to prevent excessive erosion by the forces of wind and/or water, and shall be laid out so as to avoid the necessity for excessive cut and fill.
b. Whenever possible, developers shall preserve trees and other vegetation, waterways such as creeks and arroyos, viewsheds and scenic points, cultural and historic sites and resources, and other local assets and landmarks.
c. Where feasible, conservation of energy through the use of solar and wind systems in accordance with federal guidelines is encouraged.
d. Drainage areas, whenever possible, should be left in a natural state and no encroachments shall be made on the natural channel area. Drainage designs of subdivisions shall be engineered using accepted best management practices, and so as to not increase historic drainage patterns or flows off site.
e. Any land subject to flooding shall be platted in accordance with any applicable floodplain ordinances, statutes and/or laws. The following should be indicated as a plat note, where applicable: "Homebuilders are required to provide a floodplain elevation certificate prior to or with a building permit application. All plans and specs are required to meet FEMA guidelines for flood mitigation." Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for residential occupancy or other such purposes as may increase danger to health, life, or property, and shall not aggravate erosion or flood hazard, unless such hazards are properly mitigated through the subdivision planning process as provided in this Article.
f. Where a subdivision borders a railroad right-of-way or principal arterial street, design of the subdivision shall include adequate provisions for the reduction of noise.
5. Except as provided herein, all developments shall have frontage on and direct access to a public right-of-way. In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the City Council shall have the right to restrict and regulate points of access to all property from the public street system.
Section 14-59. LOTS AND BLOCKS
A. Intent. The intent of the block and lot standards is to continue Trinidad’s existing block pattern in a manner that is compatible with site-specific environmental conditions.
B. General Provisions. In addition to the requirements established herein and any other applicable requirements, all development shall comply with the following laws, ordinances and regulations:
1. All applicable provisions of the Colorado Revised Statutes (C.R.S), as amended.
2. The City of Trinidad Municipal Charter and Municipal Code, including but not limited to, the Zoning Ordinance, adopted Building Codes, and with all adopted ordinances, regulations, policies and other guidelines.
3. The City of Trinidad Comprehensive Plan.
4. Engineering Design and Specifications Manual (“Manual”).
5. The requirements of city utility Divisions serving the subject property.
C. Lots. Lot size, width, depth, shape and orientation shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view.
1. Dimension and Configuration.
a. Lots shall meet all applicable zoning requirements.
b. Corner lots for residential use shall have extra width to provide appropriate setback from both streets.
c. Lots should be designed, as far as possible, with side lines being at right angles or radial to any adjacent street right-of-way line.
d. Except to accommodate drainage in easements, minimal grades shall be maintained along lot lines.
e. Double-frontage lots shall be prohibited in residential areas except where essential to provide separation from principal arterial streets or from incompatible land uses.
f. All lots shall have vehicular access to a public or private street, as approved by City Council.
D. Blocks.
1. General Standards. The lengths, widths and shapes of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the type of use contemplated.
b. Requirements as to lot sizes and dimensions.
c. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic circulation.
d. Limitations and opportunities of topography.
e. The limitations and characteristics of soil and slope relative to the requirements for installation of utilities.
2. Dimension and Configuration.
a. Blocks should not exceed 1,320 feet in length unless topographical conditions or other physical constraints justify a longer length. In general, blocks should not be less than 300 feet in length.
b. Blocks should not be designed so as to provide two (2) tiers of lots.
c. Blocks may be irregular in shape, provided they are harmonious with the overall patter of blocks in a proposed subdivision.
d. Blocks shall not be designed with dead end streets.
E. Additional Area Regulations. The following additional area regulations shall apply to all zone districts:
1. For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one lot unless developed as a Planned Unit Development.
2. An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10'). An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four feet (4').
3. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet (3 ½') and where the same are so placed as not to obstruct light and ventilation.
4. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required yard provided these projections be at least two feet (2') from the adjacent side lot line.
Section 14-60. STREET AND CONNECTIVITY STANDARDS
A. Intent. The intent of the street and connectivity standards is to establish a safe, efficient, and attractive transportation system that promotes all modes of transportation and is sensitive to the environment.
B. General Provisions. The street system of any proposed development shall be designed to create blocks that consider interconnectedness, topography, solar orientation, views, and consider the use by all modes of transportation that will use the system. Streets should be an inviting public space and an integral part of community design. Local streets shall provide for both intra- and inter-neighborhood connections to knit developments together, rather than forming barriers between them. All streets should interconnect to help create a comprehensive network of public areas to serve all modes of transportation (including, but not limited to cars, trucks, buses, bicycles, pedestrians, etc.).
1. Street System Pattern. The street system pattern proposed in any development must comply with the provisions of the Article and other applicable provisions of the City’s Code of Ordinances, and shall:
a. Be designed to be logically related to topography so as to produce reasonable grades, satisfactory drainage, suitable building sites, and provide for horizontal sight distances on all curves depending on design speed.
b. Provide for adequate vehicular access to all properties within the proposed subdivision plat boundaries.
c. Provide adequate street connections to adjacent properties to ensure adequate traffic circulation within the general area.
d. Provide a local street system serving properties to be developed for residential purposes which discourages through traffic while maintaining sufficient access and traffic movement for convenient circulation within the subdivision and access by fire, police and other emergency services.
e. Provide a sufficient number of continuous streets and major thoroughfares, particularly in those areas designated for the development of high density multiple-family residential, commercial and industrial land uses, to accommodate the increased traffic demands generated by these land uses.
f. When necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets in alignment therewith. When conditions permit, centerline offsets should be at least 125 feet. Greater centerline offsets may be required by the City when necessary for traffic safety. Where a proposed subdivision is adjacent to or at the end of an existing street which will afford primary or significant access to the proposed subdivision and is determined by the City Engineer, in accordance with traffic engineering principles and practice, to be of inadequate design or construction, the developer will be required to improve, reconstruct, widen or make any other alterations to the existing street as deemed necessary by the City in order to provide appropriate and safe access to the subdivision.
g. Where adjoining areas are not subdivided, the City may require the arrangement of streets in the subdivision to make provision for the proper projection of streets into such unsubdivided areas.
h. Street intersections shall be as nearly at right angles as practical giving due regard to terrain, topography, sight distances and safety.
2. Cul-de-sacs, Dead-End Streets and Stub Streets.
a. Length of cul-de-sac. The length of all cul-de-sacs shall not exceed 500 feet, unless topographic conditions warrant a longer length.
b. Radius of cul-de-sac. The radius of the right-of-way for all cul-de-sacs shall not be less than sixty (60) feet.
c. Drainage of a cul-de-sac. Drainage of a cul-de-sac shall preferably be toward the open end.
d. Dead-end streets. Dead-end streets shall be prohibited, except as stubs, to permit future extensions into adjoining tracts or when designed as circular cul-de-sac turnarounds.
e. Stub streets. Stub streets, greater in length than one (1) lot length, shall be paved to the full width of the right-of-way for the last fifty (50) feet of their length.
3. Street Connections. All streets shall be aligned to join with planned or existing streets consistent with the Transportation & Connectivity Plan of the Trinidad Comprehensive Plan. All streets shall be designed to be logically related to topography so as to produce reasonable grades, satisfactory drainage, suitable building sites, and provide for horizontal sight distances on all curves depending on design speed. Street and transportation system shall provide more than one direct connection to and between local destinations such as schools, trails, parks, historic and cultural resources, and Trinidad’s nexus of Scenic Byways. Streets must provide connections within subdivisions and to adjoining properties to blend developments together and to disperse traffic.
4. Street Paving and Design. All streets shall be paved and shall be designed and constructed in accordance with City Engineering Design and Specifications Manual.
5. Distribution of Local Street Traffic Street Network. All subdivision plats shall include a local street system that will allow access to and from the proposed subdivision, as well as access to all existing and future adjacent development from at least two streets. A sufficient number of continuous streets and major thoroughfares shall be provided, particularly in those areas designated for the development of high density multiple-family residential, commercial and industrial land uses, to accommodate the increased traffic demands generated by these land uses.
6. Utilization and Provision of Local Street Connections To and From Adjacent Developments and Vacant Parcels. All subdivisions shall incorporate and continue all streets stubbed to the boundary of the property by previously approved plats or existing development or as determined by the City Engineer. Existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets in alignment therewith. When conditions permit, centerline offsets should be at least 125 feet. Greater centerline offsets may be required by the City when necessary for traffic safety. Where a proposed subdivision is adjacent to or at the end of an existing street which will afford primary or significant access to the proposed subdivision and is determined by the City Engineer, in accordance with traffic engineering principles and practice, to be of inadequate design or construction, the developer will be required to improve, reconstruct, widen or make any other alterations to the existing street as deemed necessary by the City in order to provide appropriate and safe access to the subdivision at the developer’s expense.
7. Street Intersections. Intersections of streets shall be as nearly at right angles as practical giving due regard to terrain, topography, sight distance and safety.
8. Street Layout. The street layout shall form an interconnected system of streets primarily in a grid or modified pattern adapted to the topography, unique natural features, environmental constraints, and open space areas. The street layout shall emphasize the location of neighborhood focus points, other internal open space areas, gateways, and vistas. The use of cul-de-sacs and other roadways with a single point of access shall be minimized.
9. Buffering and Traffic Separation Requirements for Streets. Where a subdivision abuts or contains an existing or proposed street, the City may require marginal access streets, reverse frontage with screening by landscaping and berming contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford a separation of through and local traffic. If landscaping or berming is used as a buffer between the street and residential property uses, the subdivider shall provide a minimum 20-foot landscape buffer in an easement or in a tract dedicated for such purposes along the street.
10. Visibility at Intersections. No plantings, signs, berms, fences, walls, structures, or other materials or items greater than thirty (30) inches in height shall be planted, created or maintained at street intersections within the sight distance triangle.
11. Access. Access to all subdivisions shall be from a public street system or an approved private street. Driveways shall not be permitted to have direct access to arterials or state highways (principal arterials).
12. Right-of-Way Width. The width of the right-of-way to be dedicated for any designated street shall be in conformance with the City's Transportation & Connectivity Plan, and meet the minimum specifications of the Engineering Design and Specifications Manual or as determined and approved by the City Engineer. In those instances where the proposed subdivision is located contiguous to an existing street having a right-of-way less than that required by the Engineering Design and Specifications Manual, sufficient additional right-of-way must be dedicated to bring the right-of-way width in conformance with the Engineering Design and Specifications Manual. In all cases the minimum right-of-way width required for the development of a designated street must be of sufficient width to accommodate the approved roadway pavement and drainage and utility facilities.
13. Street Right-of-Way Dedication. The full width of right-of-way for all streets being platted must be dedicated to the City. Partial or half streets may be dedicated, subject to the provisions of this Section.
14. Private Streets. Private streets may be permitted by the City Council if it determines that the use of private streets will preserve the aesthetic environmental qualities of the subdivision while providing property owners with a safe, functional and lasting means of access. The design and approval of any private streets shall promote driver and pedestrian safety by improving movement along streets and ingress and egress for properties adjacent thereto. Generally, as the widths of streets and vehicular speeds increase, the number of private street connections thereto should decrease.
15. Private Street Design. Private streets shall be designed in accordance with traffic engineering principles and practices as applied to existing and anticipated conditions, particularly the land uses to be served and the configuration of the street itself. Private streets shall meet all requirements contained in this Article for public streets. Adequate space shall be provided in the private street right-of-way for easements for the location and maintenance of utilities. A note shall be included on the plat that provides that the maintenance of private streets shall be the responsibility of the applicable homeowners' or property owners' association, and that assessments for such maintenance shall be addressed in the association's deed restrictions, protective covenants, or covenants, conditions and restrictions.
16. Partial or Half Streets. Partial or half streets may be dedicated in those instances where the City concurs that it is necessary for the proper development of the land and in the public interest to locate a public street right-of-way. The City will not approve a partial or half street dedication within a subdivision dedicating less than a 60-foot right-of-way width. Appropriate notations must be placed upon the plat restricting access from any partial or half streets so dedicated to adjacent acreage tracts until the adjacent property is subdivided in a recorded plat and the additional adjacent right-of-way is acquired providing the full right-of-way as specified in this Article.
17. Perimeter Streets. When a street is dedicated which ends on the plat, the street right-of-way must be dedicated to the boundary of the plat.
18. Alleys. Alleys may be provided within a subdivision plat to provide secondary vehicular access to lots which otherwise have their primary access from an adjacent street. Alleys may not be used or designed to provide the principal access to any tract of land.
19. Alley Right-of-Way Width, Intersections and Curves. Alleys must have a right-of-way width of at least sixteen (16) feet. Alleys must intersect with streets.
20. Dead-End Alleys. No dead-end alley or cul-de-sac alley shall be permitted.
21. Driveway Approaches. Driveway approaches shall be provided in accordance with the driveway approach standards of the State of Colorado.
22. Driveways. Driveways shall be constructed with minimal grades or slopes.
23. Street Lighting and Traffic Signals.
a. Street Lighting. The City shall install streetlights at the developer's expense. To minimize light pollution, street lights shall only be installed at street intersections, street dead-ends, or in cul-de-sacs.
b. Traffic Signs and Signals. Developers shall be required to provide and install all traffic signage and signalization determined by the City to be necessary because of the construction of the subdivision. All signs and signals shall be provided and placed in accordance with City standards and shall be erected prior to the acceptance of streets by the City. Developers shall be responsible for upgrading existing signals, equipment, and facilities to accommodate their development.
24. Fire Lane. Fire lanes shall be required where deemed necessary by the City to protect an area during the period of development and after development. If required after development, a fire lane easement shall be dedicated and marked as such in accordance with applicable Fire Codes, so that it is to remain free of obstructions and provide access at all times.
25. Street Improvements Outside City Limits. In subdivisions located outside the City's corporate limits but located within the City's Planning Area Boundary, street improvements shall conform to standards of improvements as outlined in this Article for subdivisions located within the corporate limits.
26. Level of Service. All proposed subdivisions of greater than sixteen (16) residential dwelling units or greater than 25,000 square feet of gross floor area for nonresidential subdivisions shall submit a traffic impact study with the associated development application. Such traffic impact study shall demonstrate that the proposed development will not create traffic conditions that result in a reduction in the existing level of service (LOS) as outlined in the Engineering Design and Specifications Manual.
Section 14-61. PARKING
A. Intent and Purpose. The intent of these parking standards is to ensure that development implements the goals and strategies articulated in the Comprehensive Plan for community growth and land use, and transportation and connectivity. The purpose of these parking standards is to:
1. Provide for pedestrian connections and safety.
2. Prevent the establishment of excessive amounts of off-street parking.
3. Reduce the need for parking by promoting the use of transit, bicycles, and other alternative forms of transportation.
B. General Provisions.
1. Provision of parking spaces within an integrated parking and access system is required.
2. The total number of parking spaces provided shall be the sum total of the individual parking standards for each use. Mixed developments, shopping centers, and industrial or office parks, shall be evaluated on individual uses, however shared parking agreements, and the relationship between specific uses shall be considered in determining parking standards.
3. The minimum and maximum off-street vehicle and bicycle parking standards identified in Table 14-61 shall apply to all new development and redevelopment.
4. When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.
5. Driveways shall not count as a parking space(s).
6. On-site parking shall be maintained in good condition free of weeds, dust, trash and debris, and major surfacing defects.
7. Newly paved and repaved parking lots shall comply with Americans with Disabilities Act Parking Standards.
8. Carports are allowed as accessory structures.
C. Required Parking. Unless otherwise provided in this Code, off-street parking shall be provided in the amounts shown in Table 14-61 Parking Standards below.
D. General Parking Standards.
1. Motorcycle and scooter parking spaces may substitute for up to five percent of the required vehicle parking requirement.
2. For every four motorcycle and scooter spaces provided, the vehicle parking requirement may be reduced by one space.
3. Each motorcycle and scooter space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this standard.
4. At the discretion of the Director, on-street parking available along the portion of a public or private street abutting the use may be counted toward the minimum number of off-street parking spaces required.
5. Parking requirements may be met on-site or off-site at a distance of up to 600 feet from the use provided that a shared parking agreement is obtained prior to approval of the site plan or building permit in accordance with the requirements of this Section.
6. The minimum parking count in Table 14-61 is used to determine the parking count for each individual land use for a development application.
7. All off-street parking shall be located to the rear of the principal building and shall be screened with landscaping or a masonry wall so as to not be visible from any public right-of-way or residential zoning districts. A screening plan showing all proposed screening must be submitted with the land development and building permit applications.
E. Parking for Unlisted Uses. For any use not specifically mentioned in Table of Parking Standards, the parking provisions for a similar use, as determined by the Director, shall apply. For a new use where the Director determines that a similar parking rate is not stated in this Code, the Director may establish a minimum or maximum parking requirement based on a parking study, or after consultation with other City officials regarding potential parking needs, or by a combination or those methods.F. Bicycle Parking. All new commercial and multi-family developments shall provide bicycle facilities to meet the following standards.
1. A minimum number of bicycle parking spaces shall be provided, equal in number to two (2) percent of the total number of automobile parking spaces required by the development, but not less than one (1) space.
2. Bicycle parking shall be designed so that bicycles may be securely locked and safeguarded from intentional or accidental damage.
3. Each required bicycle parking space shall be accessible without moving another bicycle. There shall be an aisle at least 5 feet around the perimeter of all bicycle parking areas to allow room for bicycle maneuvering.
4. For convenience and security, bicycle parking facilities shall be located near building entrances. With the permission of the City, bicycle parking may be located in the public right of way.
G. Shared Access, Driveways and Parking Facilities for Non-Residential and Multi-Family Tracts.
1. All off-street parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.
2. Where feasible, parking lots of nonresidential uses shall share access drives with adjacent property.
3. Off-street parking areas shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available.
4. Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way, sidewalks or strike against or damage any wall, vegetation, utility or other structure.
5. When there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a movie theater and an office building), a parking study and shared parking agreements may be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.
6. Circulation areas shall be designed to facilitate the safe movement of vehicles without posing a danger to pedestrians or impeding the function of the parking area.
7. Unless otherwise approved by the City, all plats for commercial and/or industrial tracts shall provide for shared access and parking facilities, and the plat shall contain a note on it to that effect.
H. Driveways and Parking Areas for Single-Family and Duplex Residential Lots.
1. Each lot shall be allowed no more than 35 feet of drive-cuts along a lot’s street frontage and may occupy no more than 50 percent of the lot frontage, cul-de-sacs excluded.
2. Driveways and parking areas are to be maintained as dust-free, weed-free, and mud-free surfaces.
3. Parking shall not be allowed on grass, weeds, mud or dirt. This includes, but is not limited to, the parking of trailers, campers and camper shells, and recreational vehicles.
4. All driveways and parking areas must consist of all-weather parking materials designed for outdoor use, such as concrete paving, asphalt paving or rock applied to a minimum depth of 3 inches. Rock driveways and parking areas shall use a minimum ¾ inch rock size.
5. All-weather parking materials expressly excludes carpet, shingles, wood and cardboard.
I. HP – Corazon de Trinidad Historic Preservation District Parking Standards.
1. No off-street parking is required in the District.
2. All off-street parking shall be located to the rear of the principal building and shall be screened with landscaping or a masonry wall so as to not be visible from any public right-of-way or residential zoning districts. A screening plan showing all proposed screening must be submitted with the land development and building permit applications.
J. Shared Parking. When two or more uses listed in the Table 14-42 Use Tables share a parking lot, the total parking requirement for those uses may be reduced by the factors show in Table 14-61.A. below. To calculate the shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated in Table 14-61.A below.
1. Maximum Parking Space Reduction for Mixed-Use Developments. In no instance shall any parking reduction exceed thirty percent (30%) of the sum total of the required parking spaces for all individual uses as calculated in accordance with this Section.
a. Americans with Disabilities Act (ADA). For the purposes of this section, no reduction in the number of required ADA-compliant parking spaces are permitted.
b. Residential Parking in Mixed-Use Developments. No reductions in the required number of parking spaces are permitted for residential uses located within mixed-use developments. Parking spaces for residential uses within mixed-use developments must be clearly marked as reserved for residential use.
c. Reserved Parking for Non-Residential Uses within Mixed-Use Developments. Non-residential parking spaces in a shared parking facility associated with a mixed-use development may not be reserved for individual uses.
d. Reciprocal Parking Agreements. A reciprocal written agreement must be executed by all property owners within a mixed-use development that assures the perpetual joint use of all shared parking and contains a provision for the maintenance of the shared parking facility. A copy of said agreement must be submitted to the Planning Division for review and approval. Said agreement must be recorded as a deed restriction on all properties within the mixed-use development and cannot be modified or revoked without the consent of the Director. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the Director or provide the full amount of required parking for each use in accordance with the requirements of Table 14-61 above.
K. Location of Parking Spaces.
1. Off-street parking facilities for residential uses shall be provided and located on the same lot as the building they are intended to serve.
2. Required off-street parking in residential zones shall not lie within the front yard setback nor within any required side yard setback adjacent to a street. (Driveway spaces within these setbacks can not be counted for required off-street parking.)
a. The location of required off-street parking facilities for other than residential uses shall be within six hundred (600) feet of the building they are intended to serve when measured from the nearest point of the building or structure.
b. Except within a garage or in conjunction with an approved affordable housing project, tandem parking is not allowed to meet required off-street parking requirements.
L. Accessible Parking.
1. Within the requirements of Section 14-61 Minimum Required Parking and not in addition to those requirements, accessible parking shall be provided for all multifamily and non-residential uses as required the International Building Code, the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities and Colorado Revised Statutes, as amended.
Section 14-62. LANDSCAPING, SCREENING, AND FENCING
A. Site Area Landscaping.
1. The minimum percent of site area required to be landscaped is established in the Density and Dimensional Standards for each zoning district in Article 4 Zoning Ordinance.
2. Except for rear yards of single-family and two-family dwellings, any part of a site not used for building coverage, parking areas, driveways, sidewalks, or other site improvements shall be landscaped.
3. Existing healthy vegetation meeting City specifications that is retained on a site shall count toward the landscape area requirements.
4. On double-frontage lots, a landscape buffer located in an easement or a tract dedicated for such of at least twenty (20) feet in width and across which there will be no vehicular right of access, may be required along the lot line of lots abutting such traffic artery or other incompatible uses.
5. For wireless telecommunication facilities, the City may reduce the minimum landscaping requirements of the zone district when the facility is found to be compatible with adjacent land uses. Landscaping shall be installed on the outside of any fencing.
B. Trees Required.
1. Trees shall be an included mandatory element of required landscaping areas as follows:
2. Street trees that comply with the Engineering Design and Specification Manual shall count toward the requirement in this subsection.
3. All planted trees shall comply with the minimum plant material sizes in this Section.
C. Parking Lot Landscaping.
1. All parking lots with ten (10) spaces or more shall provide the following landscaping:
a. Site trees. A minimum of one (1) tree per five (5) parking spaces shall be provided. Group trees together in islands which are a minimum of ten (10) feet wide. Use the landscaping to break up large expanses of pavement and to create a tree canopy for summer shade.
b. Shrubs. A minimum of one (1) shrub per one hundred fifty (150) square feet of landscaped area shall be provided. Group plantings in landscape islands.
c. Groundcover. Limit areas of irrigated turf. Grass is discouraged in areas less than ten (10) feet side. Install a native grass buffer around the perimeter to filter runoff and improve water quality.
d. Landscape setback to parking lots – Thirty (30) feet from arterials or twenty-five (25) feet from other streets. This setback may be reduced to fifteen (15) feet if used in combination with a three to four (3-4) foot articulated masonry or stone decorative wall with trees and shrubs on both the street and parking lot sides of the wall to soften its appearance. Signs may be included in this setback.
e. Provide a mechanism for long term maintenance of landscaping – All landscaping within and adjacent to parking lots shall be owned and maintained by the landowner or occupant.
D. Landscape Plan Required.
1. A landscape plan shall be submitted with all new developments and redevelopment. Plant materials shall be installed prior to issuance of a Certificate of Occupancy unless the Director or designee approves a seasonal delay. The landscape plan shall contain the following information at a minimum:
a. A drawing identifying all existing deciduous trees and coniferous trees of four inches in caliper or greater and illustrating the location, size, and type of all proposed landscaping. The drawing shall identify all existing vegetation that is to be preserved, demonstrate how irrigation is to be provided, and provide a legend.
b. A written summary of all calculations demonstrating compliance with the amount of landscaping required for the site.
E. Tree and Existing Vegetation Preservation. Existing healthy trees and shrubs shall be retained to the maximum extent possible. Existing healthy trees that are four inches in caliper or more and healthy shrubs that are five-gallon or larger shall count one-and-a-half times toward the landscaping standards of this Section if they are preserved.
F. Water Conservation.
1. The total amount of high-water-use landscaping, according to City specifications, on a property may not exceed 50 percent of the total landscaped area. The total amount of high-water use turf grass may not exceed 30 percent of the total landscaped area. Turf grass areas designated for high use or a specific recreational use shall be excluded from the total landscaped area under this requirement.
2. High water use plants or turf grasses shall not be planted on slopes or berms at a 4 to 1 slope or steeper.
G. Minimum Plant Material Sizes. All plant materials shall be planted according to the Trinidad Planting Guide. Trees or shrubs that are not recommended in the Trinidad Planting Guide shall not count towards the required trees and shrubs in this Section. Minimum tree and shrub sizes are as follows:
1. Deciduous trees shall be a minimum of one and one-half inches in caliper, measured six inches above the ground.
2. Coniferous trees shall be a minimum of six feet in height.
3. Shrubs shall be a minimum of five gallons.
H. Obstructions Prohibited.
1. Fire Hydrants, Public Traffic Signs, Sidewalks, and Utilities
a. Landscaping shall not obstruct fire hydrants, public traffic signs, sidewalks, or utility boxes except to comply with screening of mechanical equipment pursuant to this Section.
b. Landscaping shall not grow into any overhead utility lines.
c. No trees will be planted under overhead utility lines.
2. Clear Line of Sight
No plantings or items greater than thirty (30) inches in height shall be planted or placed at street intersections within the sight distance triangle. Solid fences abutting the intersection of an alley and a public street shall be located a minimum of five feet from the intersection along both the street and alley property lines to allow for visibility of pedestrians from vehicles in the alley. Fences with opacity of less than 50 percent are exempt from this requirement.
I. Installation and Maintenance.
1. Required Installation Completion
With approval from the Director, landscaping required for all uses may be installed after a certificate of occupancy is issued, provided the landscaping is installed within six months of its initial date of occupancy, excluding the months of October through April, and collateral for outstanding work is submitted to the Director. Such collateral shall include the cost of landscaping, the labor for installing required materials, plus 10 percent. The collateral shall be refunded upon installation and City inspection of the landscaping.
2. Irrigation Systems and Plans
If an irrigation system is installed, the system shall meet the following minimum requirements:
a. An approved backflow prevention device shall be installed with all irrigation systems.
b. Low-volume, drip or subsurface irrigation systems shall be used in all non-turf grass areas and in landscaped areas where any one dimension is less than six feet in width and surrounded by impervious surfaces.
c. Any landscaping areas that are being dedicated to the City or will be maintained by the City in association with a development shall be required to install an irrigation system. The plans for this irrigation system shall be approved by the Public Works Department. This excludes non-disturbed area, natural areas, or areas located in the floodplain.
J. Landscaping in the Right-of-Way. The portion of the public right-of-way, if any, between the property line and the street curb line may be used for landscaping purposes, provided it will be maintained by the abutting property owner. The replacement of any damaged landscaping due to work in the right-of-way is the responsibility of the abutting property owner.
K. Landowner Responsible. Maintenance of all landscaped areas on a developed site shall be the responsibility of the property owner.
L. Replacement of Dead Plant Materials. Required landscaping that is dead shall be replaced within three months of written notice to replace the same from the City, excluding the months of October through April. Replacement vegetation must be similar in size and type.
M. Creative Landscape Design Program. The Creative Landscape Design Program provides for property owners and businesses within the City to propose creatively designed landscapes. The intent of this process is:
• To encourage landscape design that exhibits a high degree of imagination, creativity and inventiveness;
• To provide a process for the application of creatively designed landscape that will make a positive visual contribution to the overall image of the City, while conserving water; and
• To provide an alternative to live landscape installation
1. Creative Landscaping Permit Application. All proposed Creative Landscape Design Permits shall submit a Landscape Design permit application along with a Landscape Plan.
2. Approval Authority. A Creative Landscape Design Permit application for landscaping shall be subject to approval by the Planning, Zoning, and Variance Commission.
3. Design Criteria. In approving an application for a creative landscape design, the Planning, Zoning, and Variance Commission shall ensure that a proposed landscape plan meets the following design criteria:
a. Design quality. The landscape design shall:
i. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
ii. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit;
iii. Demonstrate conformance with this Article;
iv. Provide strong character through the imaginative use of materials, construction methods, color, texture, quality materials, scale, and proportion;
v. Demonstrate the preservation of native plantings; and
vi. Demonstrate utilization of drought tolerant plantings or materials that do not require any water (i.e., rocks, structures, artwork, etc.).
N. Screening Requirements.
1. Screening of Wireless Communication Facilities, Utility and Mechanical Equipment: Wireless communications facilities, meters, utility and mechanical equipment, excluding publicly-owned utility boxes and mechanical equipment in alleys, shall be screened from public view by landscaping or architectural elements compatible in material and color with the primary structure.
2. Screening of Storage, Waste Collection, and Loading Areas:
a. Storage, service, and loading areas in nonresidential or multifamily residential developments, excluding areas not visible from a public right-of-way, shall be screened from public view by privacy fences or walls with a minimum height of six feet.
b. Waste collection and/or recycling areas on nonresidential or multifamily properties shall be enclosed on all sides with a gated solid screening wall at least six feet in height, designed to be compatible with the primary structure material and color.
c. A concrete or asphalt pad shall be installed beneath the waste collection area for any collection bin that is two cubic yards or greater in size.
3. Procedures and Exemptions
a. Fences and Walls Requiring a Fence Permit.
i. Fences exempt from permit requirements are found in paragraph c below.
ii. Retaining walls less than or equal to 48 inches in height as measured from top of wall to finished grade.
b. Fences and Walls Requiring a Building Permit
i. Any fence over five feet six inches (5’6”) in height and any wall over four feet in height (measured from the finished grade of the bottom of the fence or wall to the top) shall require a building permit issued by the Director.
ii. Any fence over six feet in height or wall over four feet in height shall also require an engineered design of the wall to be submitted prior to approval of a building permit. The Director may waive this requirement for open fencing not subject to failure in wind conditions.
c. Exempt Fences Not Requiring a Permit
The following do not require a fence permit:
i. A seasonal or temporary fence, up to six feet in height, constructed of lightweight wire, or vinyl-or plastic-coated wire, which is installed immediately adjacent to a garden, ornamental tree, or other landscaping for the sole purpose of preventing damage from grazing wildlife.
ii. Temporary fences used to secure or protect construction sites or open excavations. Such fences shall be six feet in height unless a taller fence is necessary to safely secure the site.
iii. Temporary fences used to contain, direct, or control crowds at outdoor events. Such fencing may be addressed through a Special Event permit if required.
iv. Temporary fences constructed of wood, vinyl, plastic or cloth-like fabric and installed during the winter snowfall season for snow control.
v. Open-mesh chain-link fences installed by a school or government agency on school or other publicly-owned or managed land to demarcate, enclose, or protect playing fields or equipment (including tennis courts or baseball field fencing and/or walls), outdoor pools, parks or playgrounds, or mechanical equipment. These fences may be installed to a maximum height of 10 feet, and a maximum height of 25 feet for batting backstops; however, fences and backstops in excess of six feet in height shall be required to obtain a building permit.
O. Acceptable Fencing and Screening Materials.
1. Fences and screening walls shall be constructed from durable, low-maintenance materials. Acceptable fence and screening materials shall include:
a. Masonry (brick) with stucco or other acceptable finish, or constructed masonry units with an indigenous pattern or finish;
b. Stone or rock;
c. Wood;
d. Wrought iron, welded wire, galvanized metal panels, and other manufactured metal;
e. Recycled composite fencing;
f. Chain-link fence constructed with round metal posts and top rail may be allowed (color shall be dark or natural, if coated) for fences within side and rear yards other than those required for screening;
g. Other alternative materials that can withstand exposure to the weather, subject to review and approval by the Director; and
h. Live vegetation hedges may be used in place of a fence or wall where appropriate.
P. Prohibited Fencing and Screening Materials.
1. Barbed wire, razor wire or concertina wire fences, electrified fences, and fence with embedded glass shards or utilizing sharp protrusions are prohibited unless required for security purposed by a government agency, for a use in an industrial zoning district, or for the containment of livestock.
2. No fence, hedge, or wall over four feet in height shall be installed closer than 18 inches to the closest edge of a public sidewalk or walkway.
Q. Construction Standards and Dimensions.
1. Residential Districts. The following height and construction standards shall apply to all fences and screening walls in residential zoning districts:
a. Solid fences in a front, yard that abut a public street, excluding public alleys, shall not exceed a height of four feet.
b. Fences in rear yards, fences in side yards extending up to the front yard, and fences on double frontage lots shall not exceed a height of six feet. Any portion of a side yard fence extending beyond a front yard setback line shall not exceed a height of four feet, except that a fence that is less than fifty (50) percent opaque shall be permitted up to a height of six feet as approved by the Director.
c. Fencing enclosing or protecting an athletic court (e.g., tennis court) may exceed six feet in height subject to the issuance of a building permit.
d. In addition to the regulations set forth in this Paragraph, multifamily properties located in residential districts shall be subject to the regulations contained in Paragraph b below.
2. Mixed-Use, Commercial, and Other Nonresidential Districts and Multifamily Properties. The following height and construction standards shall apply to all fences, berms, and screening walls in mixed-use, commercial, and other nonresidential zoning districts, and on all multifamily properties:
a. Fences in a front yard that abut a public street, excluding public alleys, shall not exceed a height of four feet, except that a fence that is less than fifty (50) percent, opaque shall be permitted up to a height of six feet.
b. Fences used or required for purposes other than for screening (e.g., security, or boundary fences) shall not exceed six feet in height.
c. Screening shall be provided when multifamily, mixed-use, commercial, or other nonresidential development abuts the LDR or MDR zoning districts.
d. Screening fences, berms, walls, and gates shall be constructed of materials and installed in such a manner to create a completely opaque screen through which no portion of the material being screened is visible.
e. Berms shall be planted with vegetation to prevent erosion.
R. Retaining Walls.
1. All retaining walls shall be designed and constructed to resist and contain loads due to the lateral pressure of the material or slope to be retained, in accordance with accepted engineering practices.
2. The construction and/or installation of a retaining wall in excess of 48 inches in height measured from the finished grade to the top of the wall shall require a building permit and require that the structural design be certified by a state-licensed professional civil or structural engineer.
3. No retaining wall shall be constructed or installed that creates erosion or scarring.
S. Maintenance.
1. All fencing and screening shall be maintained as structurally safe and in good repair. For purposes of this Section, “in good repair” shall mean, without limitation, that paint on a fence is not peeling or excessively chipped or faded; that rot, rust, or corrosion is not prominent; that slats, bricks, stones, wire, posts or other fence material or equipment are not broken or missing; and/or that the fence is not leaning or falling down at an angle of five degrees or more from vertical. Vegetation growing on or supported by a fence shall be maintained in a healthy condition and shall be regularly pruned and trimmed to prevent the deterioration, collapse, or other structure failure of the fence or wall.
2. Dilapidated, broken, structurally unsound, or unsafe fences or walls shall be removed or repaired upon written notice served by the Director. The notice shall specify the nature of all repairs or replacements needed to be undertaken and a reasonable time period by which such repairs or replacements shall be completed.
Section 14-63. SIDEWALKS, TRAILS, AND MULTI-USE PATHWAYS
A. Intent. The intent of the standards for sidewalks, multi-use pathways and trails is to assure a safe, convenient, and attractive pedestrian/bicycle system that minimizes conflicts between vehicles, bicycles and pedestrians.
B. General Standards.
1. Interconnected Network. A sidewalk network that interconnects all dwelling units with other dwelling units, non-residential uses, and common open space shall be provided throughout each development. Trails and sidewalks may be combined as multi-use pathways.
2. Sidewalks Required. Sidewalks shall be constructed along both sides of streets in and adjacent to a subdivision, and shall be constructed to be separate and distinct from motor vehicle circulation to the greatest extent possible. Adjacent property owners shall be responsible for the maintenance of such sidewalks. A minimum one foot (1') separation shall be provided between a sidewalk and curb. When permitted by the City Engineer, combination curb, gutter and sidewalk will be allowed.
3. Pedestrian Circulation. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where deemed appropriate by the City. Pavement markings, separators, signage, fencing and landscaping may also be required where necessary to promote circulation, screening, buffering and safety.
4. Sidewalk Width. Sidewalks shall be a minimum of five (5) feet in width. Trails shall be a minimum of eight (8) feet in width. Multi-use pathways shall be a minimum of ten (10) feet in width.
5. Sidewalk Location. Sidewalks, trails and multi-use pathways shall be located within the right-of-way unless otherwise authorized by the City Council.
6. Sidewalk Materials. Sidewalks, trails and multi-use pathways shall be constructed of concrete, but may also include accents of brick, slate, and/or colored/textured concrete pavers, that are compatible with the style, materials, colors, and detail of the surrounding buildings. Asphalt shall not be used for sidewalks, trails or multi-use pathways.
7. Sidewalks Constructed by Subdivider. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the City and, after installation or construction; they shall be subject to inspection and approval by the City. All required improvements shall be completed in accordance with the officially established grades, when possible.
8. Location of Sidewalks, Trails or Multi-Use Pathways. Sidewalks, trails or multi-use pathways shall be provided between and within residential neighborhoods, nonresidential areas, open space areas, parks, schools, and other community facilities.
9. Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals. (Refer to Americans with Disabilities Act [ADA] requirements.)
10. Lighting. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.
Section 14-64. UTILITIES AND EASEMENTS
A. Sewers.
1. Sanitary sewers.
a. All residential, commercial and industrial uses located within the City's corporate boundaries which have human occupancy shall either have sanitary sewer served by the City, or a sewer system that has been specifically approved for the site by the City.
b. The sanitary sewer system shall be connected to an existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built.
c. Sanitary sewer lines are to be designed by profession civil engineers to ensure they are of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development.
d. Plans and specifications of any proposed sewer system or treatment plant in accordance with the requirements of the City shall be submitted and approved by the City prior to the commencement of such construction.
e. The locations and dimensions of existing sanitary sewer lines, and plans and profiles of proposed sanitary sewer lines, indicating depths and grades of lines, shall be indicated on construction plans submitted to the City for review and approval.
f. Pretreatment of industrial discharge into the City's wastewater collection system and wastewater treatment plant shall be required if, in the opinion of the Utility Director, the concentration of such discharge results in shock loading or contains elements untreatable by normal City treatment methods.
2. Storm sewers.
a. Storm sewers shall be constructed throughout the entire subdivision to carry off water from all inlets and catch basins, and be connected to an adequate outfall.
b. The storm water drainage system shall be separate and independent of the sanitary sewer system.
c. All street widths and grades shall be indicated on construction plans submitted to the City, with runoff figures indicated on the outlet and inlet side of all drainage ditches and storm sewers and at all points in the street or storm water drainage ditch, and with proposed locations of all drainage easements indicated.
d. When a drainage channel, retention/detention facility or storm water sewer is proposed, completed plans, profiles and specifications signed and sealed by a professional civil engineer shall be submitted showing complete construction details. Such plans require City approval.
B. Potable Water.
1. All residential, commercial and industrial uses located within the City's corporate boundaries, which have human occupancy, shall have potable water served by the City.
2. The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built.
3. The location and size of existing water lines and fire hydrants, plans and profiles of all proposed water lines and fire hydrants showing depths and grades of the lines, and detail design information of proposed water lines and fire hydrants shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.
C. Electricity.
1. All residential, commercial and industrial uses located within the City's corporate boundaries, which have human occupancy, shall have electric service provided for in accordance with City standards and policies.
2. The electric system shall be of sufficient size and design to supply power to each structure or lot upon which a structure is to be built.
3. The location and size of existing power lines, plans and profiles of all proposed power lines, and detail design information of proposed power lines shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.
D. Natural Gas.
1. All existing uses located within the City's corporate boundaries may elect to have natural gas service. If elected, gas shall be provided by the City. All new developments shall connect to the City’s natural gas system.
2. The natural gas system shall be of sufficient size and design to supply natural gas to each structure or lot upon which a structure is to be built.
3. The location and size of existing natural gas lines, plans and profiles of all proposed natural gas lines, and detail design information of proposed natural gas lines shall be indicated on construction plans in accordance with the requirements of the City. Such plans shall be submitted and approved by the City prior to the commencement of such construction.
E. Fire hydrants. The subdivider shall install fire hydrants at street intersections and at other points as required by the City to meet adopted fire codes.
F. Underground Utilities. The City may require that utilities to be located within a subdivision be placed underground.
G. Flood prevention. No subdivision of land shall be approved unless the subdivision complies with all applicable ordinances, statutes and federal law pertaining to flood prevention. All subdivisions shall comply with the flood prevention provisions of Article 8 Protection of Flood Plains.
1. It shall be unlawful for any person, due to excavation, fill work or grading, to impede, obstruct or otherwise divert the natural flow of surface waters on adjoining properties, or to cause surface waters on adjoining properties, or to cause surface waters to drain over and across adjoining property contrary to existing natural runoff and flow, without written permission to allow such in perpetuity from the owner of such adjoining tract.
2. It shall be the responsibility of the owner, builder, developer, design engineer and architect to examine the property under construction and adjoining tracts prior to and during periods of construction and to provide such drainage facilities, at appropriate times, to ensure proper on-site and off-site drainage.
3. When a tract or parcel of land is graded to a level that is higher or lower than the natural grade of adjacent property, or graded in any manner which may alter the natural flow of waters on such tract or on any adjoining tract, the person causing such alteration of natural grade or natural flow shall cause to be constructed, to the satisfaction of the City, ditches, swales, catchbasins, drains, retaining walls or other facilities necessary to protect adjoining tracts from erosion, overflow or accumulation of surface waters or any obstruction of the natural drainage of such adjoining tracts. A grading permit, based upon a set of grading plans approved by the City Engineer, issued by the City is required before the commencement of such work.
4. Developers shall be required to participate in and/or provide on- and off-site drainage improvements deemed by the City as necessary to provide adequate drainage for the subdivision and to protect downstream areas from the hazards of flooding and high waters.
5. Land located in a 100-year flood plain (1% chance of flooding) subject to periodic flooding, or that has inadequate drainage, may be subdivided only if improvements or structures are designed by a professional civil engineer so as to assure adequate flood proofing. Proposals for subdivision of land in such areas shall include engineering evidence that the proposed development will:
a. Not unduly restrict or block the conveyance of flood water;
b. Not result in any increase in height of flood water;
c. Require residential structures to have the lowest floor (including basement) to be at least one (1) foot above such flood level or require nonresidential structures to be elevated or flood-proofed to at least one (1) foot above such flood level; and,
d. Meet all zoning requirements for identified flood hazard areas.
6. New or replacement water supply and/or sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
Section 14-65. EASEMENTS, GENERAL
A. Public Utility Easements. Though it is preferable to locate public utilities within public rights-of-way, easements may be required to locate facilities necessary to provide water, electrical power, natural gas, telephone, cable television and sanitary sewer services on private property. Storm sewers or open drainageways must not be constructed within utility easements unless specifically approved by the City.
B. Drainage Easements. Any required drainage easements must be located and dedicated to accommodate the drainage requirements for the property within the subdivision boundaries and within the natural watershed in conformance with the City's Comprehensive Plan and the requirements of the City. Drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and such additional width as may be required for maintenance and adequate slopes necessary along the bank of the channel. Drainage easements shall also be provided for emergency overflow drainageways of sufficient width to contain within the easement stormwater resulting from a 100-year frequency storm event less the amount of stormwater carried in any enclosed drainage system. The needed width of drainage easements shall be substantiated by a drainage study and drainage calculations or other supporting evidence submitted to and approved by the City.
C. Floodway Easements. Floodway easements may be required along natural drainageways and lakes or reservoirs. Floodway easements shall encompass all areas beneath the water surface elevation resulting from a 100-year (1%) frequency storm, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property.
D. Restrictions on Use of Drainage and Floodway Easements. A suitable note on the subdivision plat must restrict all properties within the subdivision to ensure that drainage and floodway easements within the plat boundary shall be kept clear of fences, buildings, plantings and other obstructions to the operations and maintenance of the drainage facility, and abutting properties shall not be permitted to drain directly into such easements except by means of a drainage structure approved by the City.
E. Easements Created Prior to Subdivision. All easements created prior to the subdivision of any tract of land must be shown on a subdivision plat of the land with appropriate notations indicating the name of the owner of such easement, the purpose of the easement, the facilities contained therein, the dimensions of the easement tied to all adjacent lot lines, street rights-of-way and plat boundaries, and the recording reference to the instruments creating and establishing the easement. Except for historic preservation easements, building setback lines must be established at least 30 feet from and parallel to the boundary of the easement. The subdivider shall obtain from the holder of any private easement within the plat to be crossed by proposed streets or other public easements an instrument granting to the public the use and benefit of the private easement for the construction, operation and maintenance of such public streets and easements. This instrument shall be delivered to the City at the time the final plat application is submitted for review. The subdivider shall also furnish the City with a letter from the holder of the private easement stating that arrangements for any required adjustments to pipelines, electrical transmission lines or other similar facilities have been made to the satisfaction of the holder of the easement.
F. Multiple Installations within Easements. Easements shall be designed so as to provide efficient installation of utilities. Public utility installations shall be located as to permit multiple installations within the easements. The developer will establish final utility grades prior to utility installations.
G. Underground Utilities. Any new telephone lines, electric lines, cable television lines and other like utility services shall be placed underground. The subdivider shall be responsible for complying with the requirements of this Section, and shall make the necessary arrangements including any construction or installation charges with each utility provider for the installation of such facilities. Transformers, switching boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities shall be placed underground or on the surface but not on utility poles, except as otherwise required by superseding law. Screening or fencing is required to the satisfaction of the City Council. Electric transmission and distribution feeder lines and necessary appurtenances thereto may not be placed above ground unless they are carrying greater than 115 kV. Such facilities shall be placed within easements or public streets, as therein provided, or upon private easements or rights-of-way provided for particular facilities.
H. Street Lighting. Street lighting and associated underground street lighting supply circuits shall be installed by the developer(s).
Section 14-66. EXTERIOR LIGHTING
A. Intent. The intent of the lighting standards is to ensure that vehicle circulation areas, pedestrian areas, parking areas, public gathering spaces, and other areas have adequate outdoor illumination to provide safety at night, while limiting the negative impacts of outdoor lightining, excessive lighting, light pollution and light spillover on adjacent properties.
B. General Applicability.
1. The exterior lighting requirements apply to all new development and new buildings on previously developed lots unless exempted in paragraph 3 below.
2. For nonresidential and multifamily developments, the applicant shall demonstrate compliance with this section through a detailed lighting and photometric plan submitted with applicable development application, building permit, and/or electrical permit requirements.
C. Exemptions.
1. Holiday Lighting
a. Temporary winter holiday lighting illuminated from November 1 to March 1 is allowed in nonresidential zoning districts. Residential zoning districts may use holiday lighting any time of year.
b. Holiday lighting shall not exceed one foot candle at any property line, except where the property line is adjacent to walkways, driveways, and streets
2. Single-Family Dwellings.
a. Soffit or wall-mounted lights with a light output of less than 1,000 lumens and permanently attached to single-family dwellings shall be exempt from the exterior lighting regulations, provided the lights do not exceed the height of the eave. Such lights shall be downcast and directed away from abutting properties.
3. Outdoor Seating Areas.
a. String lights located over an exterior dining or seating area of a commercial establishment shall be allowed provided such lighting does not exceed light spillover onto adjacent properties.
D. Standard Applicable to All Development. The following standards apply to all development.
1. Except in the RE, LDR, and MDR districts, sidewalks, internal pedestrian paths, and bicycle paths shall be lit with full cut-off shielded and downcast fixtures no more than 16 feet tall and providing consistent illumination of at least one foot candle on the walking surface.
2. Lighting along public rights-of-way and landscaped areas for a specific development shall be designed uniformly.
3. Light spillover onto adjacent properties shall not exceed one foot candle at any property line, except where the property line is adjacent to walkways, driveways, and streets.
E. Parking Area Lighting.
1. Pole Height
a. Parking area lighting fixtures shall not exceed 25 feet in height.
2. Shielding of Lights
a. Parking area lighting shall be full cut-off shielded and downcast fixtures.
b. The source of light on any fixtures on a nonresidential or mixed-use lot adjacent to a residential use or district shall be shielded from sight from all residential uses.
c. Lighting fixtures for canopies or similar structures shall be flush-mounted or recessed above the lower edge of the canopy.
3. Illumination
a. Average illuminance values in commercial and multifamily parking areas shall be a minimum of two foot candles.
b. Illuminance values in commercial and multifamily parking areas shall not exceed ten foot candles directly below the light(s).
c. The acceptable uniformity ratio for lighted areas shall comply with recommended ranges adopted by the International Engineering Society of North America (IESNA) for low, medium, and high activity areas.
4. Hours of Lighting
A maximum of 25 percent of the parking lot lighting fixtures may remain in operation from sundown to sunrise to provide necessary security. During such time period, the average illuminance values in paragraph 4.a do not apply.
F. Building Lighting.
1. Location and Direction
a. Except for decorative lighting, building-mounted lights shall be installed so that all light is directed downward.
b. Wall packs and similar lights shall be prohibited unless the cut-off angle effectively eliminates glare from beyond the property lines.
c. Lights shall not exceed 1,600 lumens per fixture, or the equivalent.
2. Decorative Lighting
Decorative lighting not exceeding 500 lumens per fixture, or the equivalent shall be permitted provided all light is cast against the building surface.
G. Street Lighting.
1. Street lights shall be installed by the developer for every new nonresidential or multifamily development, and for single-family developments containing more than ten (10) lots. Street lights may be required for other developments, if determined by the City that they are necessary to protect the public health, safety, and welfare of the site and/or surrounding neighborhoods, and/or to maintain a consistent pattern of development.
2. At a minimum, street lighting shall be installed at intersections to provide adequate lighting for pedestrians.
3. All fixtures shall be compatible with the character of the neighborhood and City as a whole as determined by the Utilities Director.
4. All street lighting fixtures shall be full cut-off and designed to direct lighting below a 90-degree horizontal plane extending from the lowest point of the light source.
5. All street lighting fixtures shall be designed and constructed to minimize or eliminate the direct visibility of the light source and so that they do not cast or reflect light on adjacent properties.
Section 14-67. ARCHITECTURE
A. Intent. The intent of the architecture standards is to promote attractive residential development and protect and enhance the character of the historic district – Corazon de Trinidad.
B. Residential Architectural Standards. The following standards apply to residential structures within all Zoning Districts.
1. All residential structures, requiring a building permit must have a roof pitch of equal to or greater than 6/12.
2. All single-family dwelling units shall have a door facing the front yard (front door).
3. All single-family dwelling units shall have a front porch facing the front yard, equal to or greater than 16 square feet.
4. All residential structures, requiring a building permit must be have architectural design, scale, and massing that is consistent with the existing neighborhood character.
C. Historic Preservation Architectural and Design Standards. The following standards apply to all structures in the HP- Corazon De Trinidad Zone District.
1. A detailed set of architectural drawings must be included with all land development and building permit applications. In addition to building massing, location and design, said architectural drawings must indicate all proposed building materials, architectural detailing, color schemes, street furniture, landscaping and all other significant design features in accordance with the following architectural and design standards:
Use of the following materials on building façades is prohibited:
a. smooth-faced concrete;
b. concrete block;
c. metal or vinyl siding; and
d. materials of similar nature to those listed above.
Examples of façade materials that are prohibited in the Corazon de Trinidad Historic District
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| Smooth-Faced Concrete | Corrugated Metal | Pre-Fabricated Metal Panels |
2. The principal materials used on building façades shall be indigenous to the Corazon de Trinidad National Historic District, particularly high quality brick, stone and/or wood.
Examples of façade materials that are indigenous to the Corazon de Trinidad Historic District
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| Brick | Stone | Wood |
Long blank walls are prohibited.
4. Building façades shall be articulated by the use of architectural treatments characteristic of the Corazon de Trinidad National Historic District.
Examples of architectural treatments that are characteristic of the Corazon de Trinidad Historic District
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5. Building design must be characteristic of the Corazon de Trinidad National Historic District.
Examples of building designs that are characteristic of the Corazon de Trinidad Historic District
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6. Ground floor façades abutting public roads and/or parking lots shall feature display windows and entry areas on no less than sixty (60) percent of the horizontal façade length.
7. Ground floor display windows must be internally lighted, must have a minimum height of four (4) feet and may not be more than three and one-half (3.5) feet above the adjacent sidewalk measured from the bottom of the window.
8. Building façades shall have clearly defined customer entry areas that utilize distinguishing architectural features such as overhangs, recesses, arches, display windows and/or planters. Said entry areas must be located along a public sidewalk if possible.
Examples of storefronts and entry areas in the Corazon de Trinidad Historic District
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9. Mechanical equipment such as HVAC units, solar panels or similar equipment must be located out of public view. Architecturally appropriate parapets must be used to conceal all rooftop equipment. The height of said parapets shall not exceed fifteen (15) percent of the supporting wall.
10. Overhanging eaves shall extend no more than three (3) feet past the supporting wall.
11. Sloping roofs must not exceed the average height of the supporting walls. All sloping roofs must feature a gutter system that prevents snow, water and debris from falling onto any adjacent sidewalk or public space.
12. No more than one curb cut will be allowed per building and curb cuts are not allowed for lots that abut alleys.
13. The façade design and material composition of all accessory structures must be compatible with the façade design and material composition of the main building.
14. All proposed street furniture and landscaping must be compatible with existing street furniture and landscaping in the District.
Examples of street furniture in the Corazon de Trinidad Historic District
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D. Historic structure preservation, restoration and rehabilitation.
1. No historic structure located in the District may be demolished or otherwise removed unless said historic structure has been certified as both structurally compromised and irreparable by a structural engineer licensed in the State of Colorado.
2. The application of a mural(s), either painted, tiled or applied in any manner whatsoever to a building identified as a contributing structure in the El Corazon de Trinidad Historic District is prohibited in order to preserve the historical significance of the District for the benefit of the community now and into the future.
3. Removal or alteration of any original architectural feature on an historic structure in the District is prohibited unless said architectural feature has been certified as both structurally compromised and irreparable by a structural engineer licensed in the State of Colorado. Significant architectural details include, but are not limited to:
a. Roofs
b. Exterior Walls
c. Pediments
d. Cornices
e. Windows and Window Frames
f. Belt Courses
g. Transoms
h. Piers
i. Columns
j. Doors
k. Kickplates
4. Repairs made to historic structures in the District must be made in accordance with the Secretary of the Interior’s Standards for Rehabilitation:
The Secretary of the Interior's Standards for Rehabilitation
The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.
a. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
b. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
c. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding features that create a false sense of historic development or architectural elements from other buildings, shall not be undertaken.
d. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
f. Deteriorated historic features shall be repaired rather than replaced, where possible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
h. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Section 14-68. RESERVED.
Section 14-69. RESERVED.
Section 14-70. RESERVED.
ARTICLE 6. ANNEXATION
Section 14-71. ANNEXATION PURPOSE
The purpose of this Article is to establish a procedure to bring land under the jurisdiction of the City in compliance with the Colorado Municipal Annexation Act of 1965, C.R.S. 31-12-101 et seq., as existing or as hereafter amended (“Annexation Act”). This Article, in part, provides supplemental requirements for annexation pursuant to the Annexation Act, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirement set forth in other portions of this Code. In the event of a conflict between the act, the provisions of this Chapter or any requirements set forth in other portions of this Code, it is the expressed intent of the City Council that the more stringent provision shall control.
Section 14-72. STATEMENT OF POLICY AND REVIEW CRITERIA
It shall be the general policy of the City with respect to annexations and the consideration of annexation petitions that:
A. Annexation is a discretionary act. The City Council shall exercise its sole discretion in the annexation of territory to the City.
B. The area proposed to be annexed is a logical extension of the City's boundary.
C. The land to be annexed and the uses proposed for the land shall conform to the goals and strategies of the Trinidad Comprehensive Plan and to the land uses depicted on the Future Land Use Plan map.
D. The development of the area proposed to be annexed will be beneficial to the City. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City.
E. All rights of way or easements required by the utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to the Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements.
F. Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the City in order that the public needs may be served by such facilities. These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, school sites, fire and police station sites, and storm drainage facilities. The annexation of lands to the City shall be shown not to create any additional cost or burden on the then-existing residents of the City to provide such public facilities in any newly annexed area.
G. The petitioner for annexation shall be responsible for paying the City's full cost for processing the annexation petition, from initial discussion with the City staff before submittal of the petition, through the approval and recording of the final annexation documents.
H. Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels. (For example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property.)
I. All subsurface (nontributary) water rights shall be deeded to the City at the time of annexation.
J. The applicant is responsible for having a representative at all meetings where the request is reviewed. Failure to have a representative present may be cause to have the item continued from the agenda of that meeting.
Section 14-73. ELIGIBILITY FOR ANNEXATION
Eligibility for annexation shall be determined by conformity with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended and as determined by the City Council in its sole discretion.
Section 14-74. ANNEXATION PROCEDURE
Annexation petitions shall be processed and considered as follows:
Step 1: Annexation Pre-Application Conference. A pre-application conference in accordance with Section 14-24 is required to determine the feasibility of the annexation request.
Step 2: Annexation Petition and Application Submittal. The applicant shall submit a complete annexation application to the Planning Division that shall include the following items:
A. Annexation Petition:
One digital copy of the forms, maps, letters and documents listed in Subsection (b) below are to be delivered to the Planning Division with the appropriate fees. The name or title of the proposed annexation on all documents and maps must be consistent.
B. Annexation Application:
1. Land Use Application Form.
2. Development Review Fee.
3. Completed Annexation Review Process Public Information Guide Checklist.
4. Proof of Ownership. The applicant shall submit proof of ownership with an effective date no more than (30) thirty days prior to the date of submittal of the annexation petition. Ownership must match the ownership listed in the petition. If the legal description of the area to be annexed as shown on the annexation map does not match the legal description of the property owned, because of road rights-of-way or other reasons, then the proof of ownership must certify that the property owned is wholly contained within the described area on the annexation map. If the applicant is not the owner, there shall be provided, in addition to the title commitment naming the owner as the insured, a notarized affidavit by the owner stating the applicant is authorized by the owner to make application for annexation. The applicant is to provide a digital file of the legal description contained in the proof of ownership.
5. Letter of intent. The applicant shall provide a letter of intent addressed to the City Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the City Council, requesting annexation of the petitioner's property and describing the development plans for the property, if it is annexed.
6. Interested Property Ownership Report. Provide a current list (not more than thirty (30) days old) of the names and addresses of mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.
7. Petition for Annexation. The applicant shall submit a petition for annexation complying with the requirements of Section 31-12-107, C.R.S. The City's standard form petition shall be utilized. Any deviation from the standard form petition will require review and approval by the City Attorney before the City accepts the petition for processing. The petition shall contain the following statements:
a. An allegation that it is desirable and necessary that the area be annexed to the municipality.
b. An allegation that eligibility requirements and limitations have been met or addressed respectively.
c. An allegation that the petitioners comprise the landowners of more than fifty percent (50%) of the territory included in the proposed annexation area (excluding streets and alleys).
d. A request that the annexing municipality approve the annexation.
e. If not already included, consent to the inclusion of the property into any special districts as appropriate.
f. A waiver of any right to election pursuant to Section 28 of Article X of the Colorado Constitution before a district can impose property tax levies and special assessments.
g. The dated signatures of petitioning landowners. Petition signatures must be signed within one hundred eighty (180) days of the date the petition is first submitted to the City Clerk.
h. The mailing address of each signer of the petition.
i. The full legal description of land owned by each signer of the petition (if platted, by lot and block; if unplatted, by metes and bounds).
j. The affidavit of each petition circulator that each petitioner's signature is valid.
8. Annexation Map. The annexation map shall bear the stamp and license number of a Colorado registered land surveyor and provide the following information:
a. A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-mile radius.
b. Show the outline of area to be annexed with boldest line.
c. For all references, show book, page, map number, etc., and place where publicly recorded.
d. Show all recorded and apparent rights-of-way lines of roads both within and without the periphery of land to be annexed; these roads are those which are adjacent, adjoining, contiguous, and/or coincident with the boundary. Provide all road names, right-of-way widths at each leg of an intersection, at the point of curve and point of tangent, at dead ends and at angle points; and right-of-way lines with accurate bearings and dimensions including chord lengths and bearings, central angles and radii of all curves. Whenever the centerline of a road has been established or recorded, the date and recording information shall be shown on the annexation map.
e. Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City and the contiguous boundary of any other municipality abutting the area proposed to be annexed. A hatched boundary line shall be used to depict the boundary contiguous to the City.
f. Show section, quarter section, and other monument corners. Display ties to section corners and to the state grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used. All dimensions are to be shown to the nearest 0.01' or in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts, or parcels shall have a closure accuracy of 0.1'.
g. Provide a description of all monuments, both found and set, which mark the boundaries of the property and all control monuments used in conducting the survey.
h. Show the location of each ownership tract in unplatted land, and if part or all of the area is platted, the boundaries and plat numbers of plots or of lots and blocks.
i. Show the names and locations of all abutting subdivisions. The locations of all abutting unplatted parcels and public lands shall be depicted and designated as such.
j. The ownership identity of all mineral rights shall be designated on the map.
k. Show the purpose, widths, location (with fine dashed lines) and ownership of all easements and all abutting easements, including but not limited to utility, oil and gas gathering and transmission lines and irrigation ditches (fee or prescriptive). If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. The widths of all easements and sufficient data to definitively locate the same with respect to the parcel to be annexed must be shown. All easements must be clearly labeled and identified. If an easement shown on the annexation map is of record, its recorded reference must be given.
l. All lines, names and descriptions on the annexation map which do not constitute a part of the annexation shall be depicted in dashed or screened lines. Any area enclosed by the annexation, but not a part thereof, shall be labeled "Not a Part of This Annexation."
m. Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes or inlets on the affected property.
n. Show clearly the length and bearing of all lines described in the written description.
o. Show section numbers, quarter section quadrants, Township and range lines, and label each.
p. Show all lines, calls, arcs, etc., described in written description.
q. Circle or place an ellipse around each location where a detailed drawing will be provided, and provide designation for each detail such as "See Detail A."
r. Show "Point of Beginning" in bold letters with an arrow.
s. Show "True Point of Beginning" with bold letters and an arrow, when appropriate.
t. A map note shall indicate the total perimeter of the annexation boundary, the continuous length to the existing City boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.
u. City standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within Trinidad) followed by the owner's signature block(s) and notary block(s), one (1) for each owner or mortgagee.
v. City’s standard surveyor’s certificate signed, dated and sealed by a licensed surveyor or engineer.
w. City's standard certificate blocks for the City Council.
x. City's standard recording certificate block for the County Clerk and Recorder.
9. Concept Plan Map. The concept plan map shall be prepared by a qualified land planner or architect, shall conform to the drafting standards of the annexation map and shall contain the following:
a. Show the boundary of the area to be developed;
b. Written legal description of the area to be developed;
c. Depict the general location of each proposed land use on the property and the percentage of the whole for each use. General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses. A table shall be used to list densities and land use by type, including the area of each, the density of residential development and the maximum and minimum lot sizes, and the maximum square footage of commercial and industrial buildings and the maximum and minimum lot sizes;
d. Depict existing and proposed arterial and collector streets and their relationship to the principal land uses on the site;
e. Depict existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;
f. Show contour lines at ten-foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and
g. Show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, tree galleries, lakes and ponds, irrigation ditches, watercourses and wetlands.
10. Property Tax Statement. A copy of the prior year's property tax statement for all property to be annexed.
11. Annexation Impact Report. An annexation impact report conforming to Section 31-12-108.5, C.R.S., is required for areas of ten (10) or more acres. The applicant shall provide a draft annexation impact report which will be completed in cooperation with City Staff. The final impact report shall contain the following information:
a. A map or maps of the municipality and adjacent territory showing the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; the present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and irrigation and drainage ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and the existing and proposed land use pattern in the areas to be annexed;
b. A copy of any draft or final pre-annexation agreement, if available;
c. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or for the municipality at the time of annexation;
d. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed (those municipal services supplied by the City);
e. A statement identifying existing special districts within the area to be annexed; and
f. A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students.
12. Trinidad Comprehensive Plan compliance. The applicant is required to provide a narrative response to the series of questions related to the conformance of the project to the goals, and strategies identified in the Comprehensive Plan.
13. Water rights. The applicant shall provide a "Water Rights Report" for the property prepared by a qualified water engineer or water attorney detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and not non-tributary groundwater). The applicant shall provide a signed warranty deed(s) for sufficient water rights to provide the domestic needs of property to be developed as a result of the annexation. In addition, the applicant shall provide a signed standard form warranty deed for the transfer of all subsurface (non-tributary) water rights to the City.
14. Zoning of property to be annexed (optional). If zoning is requested simultaneously with annexation, the petitioner must submit a completed zoning application form, provide a zoning map for the property, a zoning amendment map amending the official zoning map and pay the application and recording fees. If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under the City's zoning code and zoning map within ninety (90) days of the completion of the annexation process.
15. Annexation Assessment Report. The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the need for any expansion of these services and facilities to accommodate the development proposed for the property being annexed.
Step 3: Annexation Petition Certification and Completion. The petition for annexation or petition for election and all other documents submitted shall be reviewed by staff for completeness and compliance with the provisions of the Annexation Act and the Municipal Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the material submitted. An incomplete submission shall not be processed, nor referred to the City Council for a determination of substantial compliance.
Step 4: Annexation Petition Referral to City Council. Upon the staff's determination that the petition and supporting documentation are complete and in compliance with the provisions of the Annexation Act and the Municipal Code, the City Clerk shall refer the petition to the City Council as a communication.
Step 5: City Council Determination of Substantial Compliance. The City Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Annexation Act.
A. If the petition is found to be in substantial compliance with the Annexation Act, the City Council may, by the adoption of a Resolution of Substantial Compliance, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than thirty (30) days nor more than sixty (60) days from the effective date of the resolution, subject to compliance with Section 31-12-108, C.R.S.
1. Notice of the public hearing for annexation set by the Resolution of Substantial Compliance shall be given in accordance with Section 31-12-108, C.R.S.
2. A copy of the published notice, together with a copy of the adopted Resolution of Substantial Compliance and the petition as filed, shall be sent as required by Section 31-12-108, C.R.S., as existing or as hereafter amended.
B. In the case of a "flagpole" annexation, the City shall also provide notice to abutting property owners as specified in Section 31-12-105 C.R.S., as amended.
C. If the petition is found to not be in substantial compliance with the Annexation Act, no further action shall be taken, except that the determination shall be made by resolution adopted by the City Council.
Step 6: Refer Application. Upon acceptance of the annexation petition by the City Council, the annexation map and concept plan map shall be referred to the entities listed below:
1. City Public Works Department.
2. City Public Utilities Department.
3. Purgatoire River Water Conservancy District.
4. Colorado Department of Transportation.
5. Trinidad School District No. 1.
6. Entities Holding Franchises.
7. Las Animas County Planning, as specified in any approved intergovernmental agreement.
8. Any municipalities with which the City has an IGA, as appropriate.
9. Additional interested entities as determined by the Director.
Step 7: Planning, Zoning, and Variance Commission Study. At the next regularly scheduled Planning, Zoning and Variance Commission meeting, the annexation application shall be referred to the PZVC for study.
Step 8: City Council Public Hearing and Action on the Annexation.
A. The City Council shall hold the public hearing on the petition for annexation and zoning, if requested in conjunction with the annexation, on the date and at the time set by the Resolution of Substantial Compliance. At the conclusion of the public hearing, the City Council shall adopt a resolution containing the findings of fact and conclusions, including:
1. Whether or not the requirements of Sections 31-12-104 and 105, C.R.S. and this Article have been met;
2. Whether or not additional terms and conditions are to be imposed; and
3. Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.
B. If the City Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-10 and 105, C.R.S., the annexation proceeding will be terminated.
1. If the City Council finds the following:
a. The annexation is in compliance with the requirements of Sections 31-12-104 and 105, C.R.S.;
b. That an election is not required under Section 31-12-107(2), C.R.S.;
c. No additional terms and conditions are to be imposed;
2. The Council may annex the land by ordinance without election. The zoning of the property, if requested with annexation, shall be approved by separate ordinance. If the petition is for an annexation election, or the City Council determines that additional terms and conditions should be imposed upon the area proposed to be annexed, which are not agreed to voluntarily and in writing by the landowners, the Council shall make appropriate findings by resolution and order an election to be conducted in accordance with Section 31-12-112, C.R.S.
3. If the annexation is approved by the eligible electors in accordance with Section 31-12-112, C.R.S., the City Council may by ordinance annex the land. In the event the annexation is not approved by the eligible electors or the vote is tied, the annexation proceeding will be terminated.
4. If the City Council, in its sole discretion, finds that the annexation is not in the best interest of the City, it may deny the petition by resolution.
Section 14-75. POST APPROVAL ACTIONS
A. Within ten (10) days of the effective date of the annexation ordinance, the applicant shall submit to the City Clerk one (1) Mylar of the annexation map and concept plan map. The City Clerk shall file the annexation map and concept plan map for recording with the Las Animas Clerk and Recorder.
B. In the event that zoning was requested with the annexation and approved by the City, the zoning ordinance and copies of the official zoning map amendment shall be recorded with the Las Animas Clerk and Recorder in the manner provided by Article 4 of the Trinidad Land Use Code. In the event that zoning was not requested with annexation, the City shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by Article 4 of the Trinidad Zoning Code.
Section 14-76. ANNEXATION AGREEMENT
A draft annexation agreement shall be provided to the applicant by the City not less than four (4) weeks prior to the annexation public hearing before the City Council. If a property to be annexed is under multiple ownership, all of the owners must sign the final negotiated annexation agreement. If multiple properties are combined for annexation purposes, but each will be developed separately, separate annexation agreements are to be signed by each owner. The final document is to be signed by the applicant and made available to the Director not less than fifteen (15) days prior to the date of the public hearing.
Section 14-77. DISCONNECTION
Property may be disconnected from the City pursuant to the procedures set forth in Colorado Revised Statutes 31-12-501 through 31-12-503, inclusive; provided, however, the City Council may in its sole and exclusive discretion approve, deny, or impose conditions upon any disconnection.
Section 14-78. RESERVED.
Section 14-79. RESERVED.
Section 14-80. RESERVED.
ARTICLE 7. SIGNS
Section 14-81. PURPOSE
A. The purpose of this Article shall be to define the types of signs which will be permitted in the various zoning districts and those which will be prohibited, the manner in which sign areas and dimensions will be measured, and exempting certain types of signs from this Article. It is further the intent of these regulations to:
1. Promote the safety of persons and property by ensuring that signs do not create a hazard by:
a. Confusing or distracting motorists; or
b. Impairing drivers’ ability to see pedestrians, obstacles or other vehicles, or traffic directional signs;
2. Promote the efficient communication of messages, and ensure that persons exposed to signs are not overwhelmed by the number of messages presented;
3. Protect the public welfare and enhance the appearance and economic value of the landscape by avoiding visual clutter;
4. Protect and enhance the visual impact of future development along the City’s gateways in accordance with the City’s Comprehensive Plan;
5. Ensure that signs are attractive and compatible with adjacent property and prevent the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to size, brightness, reflectivity, bulk, or height;
6. Enhance property values and business opportunities;
7. Ensure that adequate and effective advertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech; and
8. Provide fair and consistent permitting and enforcement.
Section 14-82. EXEMPTIONS
A. The following signs are exempt from the permit requirements of this Article and are permitted in each zone district but, except as stated below, shall otherwise conform to the sign requirements of the zone district in which they are located. The term "signs" shall not include the following:
1. Numbers used to identify street address.
2. Flags, pennants.
3. Window displays incorporating placards, pennants, merchandise, pictures or models or products or service.
4. Works of Art.
5. Temporary decorations or displays on buildings or structures that are displayed for a limited period of time and located so as not confuse or distract anyone using the right-of-way.
6. Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way.
7. Traffic or other official signs required by or specifically authorized for a public purpose by any law, statute or ordinance, by way of illustration and not limitation, including traffic or similar regulatory devices, legal notices, and other instructional or regulatory signs having to do with public health, safety, welfare or regulation.
8. On-site traffic directional signs which do not exceed four (4) square feet per face and ten feet (10') in height displayed on private property for the safety and convenience of the public including signs to identify entrances, exit drives, parking areas, one-way drives, restrooms freight entrances, and the like.
9. Signs over gas pumps provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face.
10. Sign erected by the City.
Section 14-83. SIGN DEFINITIONS
1. Abandoned Sign is any sign that is located on the premises of a business that is no longer in operation thirty (30) days or more after the business ceases operations.
2. Animated sign shall mean any sign or part of a sign which changes physical position by any movement, rotation or change of lighting.
3. Awning sign shall mean a wall sign which is painted, stitched, sewn or stained onto the exterior of an awning. An awning is a movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.
4. Building fascia shall mean that frontage of a building which faces and is parallel to a public or private street.
5. Canopy sign shall mean a sign which is mounted on or beneath a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be partially supported by approved columns, poles or braces extended from the ground.
6. Commercial use shall mean use of land upon which a structure may be located in a commercial zone district where such commercial use is permitted.
7. Display surface or face shall mean the area of a sign structure for the purpose of displaying a message or advertising a product or service.
8. Electronic message board shall mean a sign that is capable of displaying words, symbols, figures, still images, scrolling images, or moving images, including video and animation, utilizing a series or grid of lights that may be changed by remote or automatic means including cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic or other electronic media or technology.
9. Flags, Pennants any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to, or appended on or from any structure, staff, pole, line, or framing.
10. Flashing sign shall mean any directly or indirectly illuminated sign either stationary or animated, which exhibits changing natural or artificial light or color effect by any means whatsoever. Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.
11. Flush wall sign shall mean any sign attached to or erected against the wall or parapet wall of a building or structure which extends no more than twelve inches (12") from the wall surface upon which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.
12. Freestanding sign shall mean a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of the building, structure or other sign.
13. Ground sign shall mean a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.
14. Illuminated sign shall mean a sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.
15. Industrial use shall mean use of land upon which a structure may be located in an Industrial Zone District or PUD Zone District where industrial use is permitted.
16. Off-premise sign (billboard) means a stationary sign located off the premises of the principle business or use conducted by the holder of the sign permit.
17. Permanent sign shall mean a sign which is permanently affixed or attached to the ground or to any structure.
18. Projecting wall sign shall mean any sign other than a flush wall sign which projects from and is supported by a wall or a building.
19. Residential zone district shall mean any zone district where residential use is permitted.
20. Rooftop sign shall mean a sign erected upon or above a roof or above a parapet wall of a building.
21. Sign face shall mean the display of the sign upon, against or through which the message is displayed or illustrated.
22. Sign with backing shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.
23. Sign without backing shall mean any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in, nor otherwise made a part of any larger display area.
24. Temporary Sign shall mean any sign constructed of paper, vinyl, wood, metal or other comparable material intended for a limited period of time.
25. Wall sign shall mean any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letters or devices affixed to the building wall with no background defined on the building wall.
26. Wind driven sign shall mean any sign consisting of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.
27. Window sign shall mean a sign which is applied or attached to the interior of a window, which sign can be seen through the window from the exterior of the structure.
28. Works of art means a pictorial illustration containing no text which is applied directly to or incorporated in an exterior building wall or door.
29. Yard signs are temporary portable signs constructed of paper, vinyl, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time.
Section 14-84. GENERAL REGULATIONS
A. The following rules shall apply to signs in all zone districts:
1. All exterior signs shall be permanent in nature, except signs permitted through the temporary permit review and approval process.
2. Yard signs are portable signs that shall not exceed six (6) square feet per face, are limited to one (1) sign per lot, and designed or intended to be displayed for a limited period of time. Yard signs are only allowed in residential zone districts and shall not be illuminated. Such signs must be located on private property and only with the consent of the property owner.
3. No sign shall be placed on government-owned property or right of way without permission of the appropriate governmental entity or on private property without permission of the owner thereof. Such signs shall be subject to immediate removal and confiscation by the appropriate governmental entity or private property owner.
4. No sign shall be placed in the right-of-way (streets). Such signs shall be subject to immediate removal and confiscation by the appropriate governmental entity.
5. Any sign attached to a tree, utility pole or to the face of another sign is prohibited.
6. Rooftop signs and all other signs which project above the fascia wall, revolving and rotating signs, strings of light bulbs not permanently mounted on a rigid background, and posters are prohibited.
7. Flashing, moving, blinking, chasing or other animated effects are prohibited on all signs.
8. Freestanding signs shall be engineered to withstand a wind load of ninety miles per hour.
9. All signs shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant metals.
10. The Director or designee shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance or disrepair.
Section 14-85. SIGN PERMIT APPROVAL REQUIRED
A. Sign Permit Required. The erection, remodeling, relocation, repair or expansion of any sign, except for signs that are exempt from a permit in accordance with this Article shall require a sign permit from the Director or designee.
B. Sign Permit Application. Applications for sign permits shall be made in writing on forms furnished by the City. The application shall contain:
1. The location by street number and the legal description of the proposed sign structure;
2. Names and addresses of the owner, sign contractor and erectors;
3. Legible “to scale” plot plan which includes the specific location of the sign and setbacks to adjacent property lines and buildings;
4. A detailed “to scale” drawing indicating the dimensions, materials, and colors of the proposed sign structure. A certification by a structural engineer may be required by the City for a freestanding or projecting sign;
5. A graphic drawing or photograph of the sign proposed;
6. A description of lighting to be used, if applicable;
7. Landlord or property owner approval; and
8. Sign permit fee and plan review fee as established by the current fee schedule.
C. Sign Permit Review Criteria. The following review criteria will be used by the City to evaluate all sign permit applications:
1. Sign meets the requirement of this Article;
2. Sign conforms to the requirements of the adopted Building Codes;
3. Sign conforms to size, height, material and location requirements of the Zoning Code for the zoning district in which it is located;
4. Sign would not interfere with pedestrian or vehicular safety; and
5. Sign would not detract from the character of an architecturally significant or historic structure.
D. Appeal of Sign Permit Denial or Approval with Conditions. Any appeal of the Staff’s denial of a sign permit or approval with conditions shall be made to the Board of Appeals as provided in the Article 9 of this Code.
E. Sign Inspection Procedure. Final approval of any sign as erected is contingent upon inspection of said sign for compliance with the approved sign application and plan within fourteen (14) days after erection.
1. After the installation of the sign(s), the applicant shall schedule an inspection with the Planning Division.
2. A Planning Division Official visits the site to ensure the sign(s) are installed in compliance with the approved sign application and plans.
3. City approved plans are to remain on the job site during construction, and accessible for the Director or designee.
4. The City shall have the authority to make periodic inspections of all existing signs for compliance with this Article.
Section 14-86. TEMPORARY SIGN PERMITS
A. Temporary Sign Permit Required. A temporary sign permit shall be required in order to erect, relocate, alter or repair any temporary sign, except for signs that are exempt from a permit in accordance with this Article.
B. Temporary Sign Permit Application. All temporary signs shall submit a sign permit application containing the information and requirements specified in Section 14-85(B).
C. Temporary Sign Permit Sign Standards. The City shall use the following standards to evaluate a temporary sign permit request:
1) An approved temporary sign permit shall be issued for a period time at the discretion of City Staff but at no time shall be valid for more than ninety (90) days from the date of approval within the calendar year for which approval was issued.
2) One location may display no more than one temporary sign at any time. For purposes of this Section, location means the area in which a business is authorized to be conducted, as set forth in the approved City business license for such business, or the total lot area of a lot used for residential purposes.
3) Notwithstanding any other provision of this Article, the total area of a temporary sign shall not exceed eighteen (18) square feet.
4) Wind driven signs are allowed only in commercial and industrial zoned properties. They shall not exceed 2 feet in width and 8 feet in height.
5) Conformance with the sign permit review criteria per Section 14-85(C).
Section 14-87. MEASUREMENT OF SIGNS
A. The following rules shall apply to the measurement of signs in all districts:
1. Total Surface Area. The total surface area of all existing and proposed sign faces shall be counted and considered a part of the maximum total surface area allowance.
2. Signs with Backing/Background. The area of all signs with backing or a background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign, including all frames and backing.
Examples of sign with backing/background
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3. Signs without Backing/Background. The area of all signs without backing or background that is part of the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), logo or figure of similar character.
Example of sign without backing/background
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4. Height and Clearance.
a. Freestanding and Awning Signs: The maximum height of a freestanding or awning sign shall be measured from the highest point of a sign to the ground surface beneath it. When berms are used in conjunction with signage, the height of the sign shall be measured from the mean elevation of the fronting street.
b. Wall Signs: The height of a wall sign shall be measured from the highest point of a sign to the lowest point. No point of any wall sign shall be located higher than the wall to which the sign is affixed.
c. Clearance: Sign clearance is measured from the lowest point of a sign to the ground surface beneath it.
Example of sign clearance measurement
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Section 14-88. SIGN ILLUMINATION
A. Sign illumination shall complement, not overpower, the overall composition of the site.
B. Direct light source required. All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. When external light sources are directed at the sign surface, the light source must be concealed from pedestrians’ and motorists’ “lines of sight.”
Example of external light source measurement/location
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C. Signs must be illuminated in a way that does not cause glare onto the street and adjacent properties. Signs shall be lighted only to the minimum level for nighttime readability.
D. All lighted signs shall meet all applicable electrical codes and the electrical components used shall bear the label of an approval agency. Additionally, electrical permits shall be obtained for electric signs.
E. Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs.
F. The use of individually-cut, back-lit letter signs is encouraged.
G. No commercial sign within five hundred (500) linear feet of a pre-existing residential structure may be illuminated between the hours of 11:00 p.m. and 6:00 a.m. A residence shall be deemed “pre-existing” for purposes of this Section if it has a valid building permit in effect for construction of said structure or if construction of said structure was complete on or prior to the effective date of this Article.
Section 14-89. LIMITATIONS BASED ON ZONE DISTRICT
Signs shall be permitted in the different zone districts as accessory uses in accordance with the regulations contained in this Article.
A. Limitations in all zone districts:
1. One (1) sign per one-family or two-family dwelling, provided such sign does not exceed two (2) square feet in area per face.
2. One (1) sign per multiple-family dwelling, provided such sign does not exceed twenty (20) square feet in area per face and has only indirect illumination.
3. One (1) sign during the first two (2) years of construction of a new subdivision, provided such sign does not exceed one hundred (100) square feet in area per face, and is unlighted and is located within that subdivision.
4. One (1) sign per entrance to a subdivision or housing project provided such sign does not exceed thirty-five (35) square feet in area per face and has only indirect illumination.
5. One (1) sign per child care center provided such sign does not exceed ten (10) square feet in area per face and is unlighted.
6. One (1) sign per home occupation use. Such sign shall not exceed six (6) square feet in area per face and shall be unlighted.
B. Limitations in any commercial or industrial zone district:
1. Wall signs, projecting wall signs, window signs, canopy signs, freestanding signs and ground signs are permitted in any zone districts where commercial or industrial uses are allowed, subject to the following limitations and restrictions:
a. Maximum area permitted shall be equal to two (2) square feet of sign area for every lineal foot of building fascia length.
b. For the purpose of this subsection, the sign allowance shall be calculated on the basis of the length of the one building fascia, which is most nearly parallel to the street it faces.
c. In the event the building occupies a corner lot and has frontage on two (2) public streets, the total allowance of both frontage shall be calculated to determine permitted sign area.
d. In the event the building does not have frontage on a dedicated public street, the owner of the building may designate the one (1) building fascia which shall be used for the purpose of calculating the sign allowance.
e. In all other cases, the sign allowance for a building may be distributed in any manner among its fascia except that no one fascia may contain more sign area than that provided in this Section.
2. Electronic message boards are prohibited in all zone districts with the exception of the community commercial zone district. Any request for the installation of an electronic message board in the community commercial zone district must be approved through a conditional use permit granted by the Planning, Zoning and Variance Commission.
Section 14-90. LIMITATIONS BASED ON TYPE OF SIGN
A. Freestanding and Ground Signs:
In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations shall apply to all freestanding and ground signs:
1. Size, height and location:
a. Freestanding signs shall comply with the following requirements with respect to size, height and location:
REQUIREMENTS FOR FREESTANDING SIGNS
| Maximum Height Above Grade (feet) less than 30 30 - 42 42 - 55 |
Minimum Setback From Street Right-of-way Line (feet) 0 5 10 |
b. The maximum height permitted for any freestanding sign is fifty-five feet (55').
c. Signs erected within fifty feet (50') (measured along the street right-of-way) of the intersection of a street with another street or a driveway, which exceed forty-two inches (42") in height, shall be set back at least fifteen feet (15') from the street right-of-way or shall maintain free air space between a height of forty- two inches (42") above the adjacent street elevation and a height of seventy-two inches (72") above said elevation.
d. No freestanding or ground sign shall be erected within five feet (5') of any interior side lot line.
e. Single-faced freestanding and ground signs shall be set back from the street right-of-way line according to the provisions of this Article. Any such setback shall be measured from the street right-of-way line at the street to which the sign face is most nearly parallel.
f. When any freestanding or ground sign is placed at a forty-five degree angle on property located at the intersection of two (2) dedicated streets, the required setback may be measured from either of the street right-of-way lines.
g. All electrical service provided to freestanding signs or ground signs shall be underground.
B. Projecting wall signs:
In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all projecting wall signs:
1. Projecting wall signs shall not project over any public property, including public rights-of-way, more than three feet (3').
2. Projecting wall signs shall not protrude past the curb face and shall have a seven foot (7’) head clearance.
3. In addition, no projecting wall sign shall extend more than six feet (6') from the face of the building from which it is supported.
4. Only materials as permitted by the International Building Code (I.B.C.) adopted by the City governing structural requirements shall be used in the manufacture and erection of projecting wall signs. The design and construction of electrical signs shall be in accordance with the requirements set forth by the National Electric Code and shall be approved by the Electrical Inspector.
5. Illumination of a projecting wall sign may be both indirect and direct. However, illumination shall not exceed twenty-five (25) watts per bulb.
C. Window signs:
In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all window signs:
1. The area of a window sign shall be the area of a rectangle, square, triangle, portion of a circle, or any combination thereof, which completely encloses the sign or letters which are painted, attached or placed within three feet (3') of the interior of a window or that can be seen from beyond the property line.
2. Maximum sign area permitted for window signs shall be as follows:
a. Residential home occupation use, six (6) square feet.
b. Commercial and neighborhood service use, forty percent (40%) of window area.
c. Industrial use, forty percent (40%) of window area.
d. In all cases, the sign allowance for any window area may be distributed in any manner among its windows except that the total window area for all signs may not contain more sign area than that provided by (b) above.
D. Flush Wall Signs:
In addition to the limitations contained in Section 14-84, and to the extent they are applicable, the limitations and regulations contained in Section 14-89, the following limitations and regulations shall apply to all flush wall signs:
1. Only one (1) flush wall sign is permitted per business, but may be constructed in one (1) or more parts. Where an establishment has additional exterior walls which are immediately adjacent to a street or thoroughfare (corner building), each such wall may have one (1) flush wall sign.
2. The area of a flush wall sign shall be all that area within its borders which completely encloses the sign or letters which are attached to the face of the building. The background area of a sign shall not be included in sign area when such background is an integral part of the design of the building. The area of a primary flush wall sign may not exceed the maximum area set forth in this Section. The area of a secondary sign may not exceed fifty percent (50%) of the allowable sign area for the primary sign, except that the area of each secondary sign may be increased in the amount that the area of the primary sign is decreased.
3. A flush wall sign in a commercial zone district may not project more than twelve inches (12") from the wall to which it is attached. Where one establishment shares a common wall with another, a flush wall sign may not be placed closer than one foot (1') to the adjoining establishment.
E. Canopy signs.
In addition to the limitations and regulations contained in Section 14-84, and to the extent they are applicable, Section 14-89, the following limitations and regulations shall apply to all canopy signs:
1. A canopy sign may have only one (1) row of letters no more than twelve inches (12") in height.
2. A canopy sign must be placed so as to allow a minimum of seven feet (7') of head clearance.
3. No canopy, with or without signage, shall extend above the roof line of any building. Under-canopy sign which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under-canopy signs which are parallel to the face of the building shall be a minimum of six (6) feet above grade and shall be deemed to be flush wall signs.
F. Off-premise signs:
1. Off-premise signs (billboards) are prohibited.
Section 14-91. NON-CONFORMING SIGNS
A. Definition of non-conforming sign: A non-conforming sign is any sign which either:
1. On the effective date of Ordinance Number 3003, was lawfully erected in accordance with the provisions of any prior zoning regulations or sign code, but which sign does not conform to the limitations and regulations established by that ordinance thereto; or
2. On or after the effective date of Ordinance Number [ ], was lawfully erected and maintained in accordance with the provisions of that Ordinance, but which sign, by reason of an amendment to said Ordinance after the effective date thereof, does not conform to the limitations established by the amendment to said Ordinance in the district in which the sign is located.
B. Continuation of non-conforming signs:
1. Legal nonconforming signs may be continued in operation and maintenance so long as such operation and maintenance neither: (1) increases the nonconformity of the sign; nor (2) requires discontinuation pursuant to subsection C. of this Section.
C. Discontinuation of non-conforming signs:
1. Termination of non-conforming signs shall be required in the event of the occurrence of any of the following:
a. By abandonment - Abandonment of a non-conforming sign shall terminate immediately the right to maintain such sign.
b. By violation of the Ordinance - Any violation of Ordinance Number [ ] subsequent to the effective date of said Ordinance or any amendment thereto, shall terminate immediately the right to maintain a non-conforming sign.
c. By destruction or damage - A non-conforming sign or the structure supporting the sign that is damaged or destroyed to the extent of 50 percent or more of the replacement cost shall not be altered, replaced, or reinstalled unless it is in conformance with this Article.
d. A non-conforming sign or the structure supporting the sign that is damaged or destroyed to the extent of less than 50 percent of the replacement cost shall comply with the following:
i. Repairs shall return the sign to previous conditions prior to the damage, or shall bring the sign into conformance with this Article;
ii. Repairs shall commence within 60 days;
iii. Repairs shall be completed within six months.
Section 14-92. ABANDONED, DAMAGED, DESTROYED OR HAZARDOUS SIGNS
A. Abandoned sign - Definition:
An abandoned sign is any sign that is located on the premises of a business that is no longer in operation thirty (30) days or more after the business ceases operations.
1. Abandoned signs:
a. The owner of any property upon which an abandoned sign is located, shall be required to remove such sign within ninety (90) days of the abandonment.
b. Notwithstanding Paragraph (a) of this Subsection, any person owning real property upon which an abandoned sign is located, who has received a notice directing removal of said sign by the Building Official pursuant to Section 14-100, shall be afforded an opportunity to petition the City Council to waive the provisions of Paragraph (a) on the basis of historical significance. Such petition must be filed with the City Clerk no later than thirty (30) days following the issuance of the Notice by the Building Official. The City Council may in its discretion waive the requirements of Paragraph (a) upon a finding that said sign has historical significance and ought to be preserved.
2. Damaged, destroyed or hazardous signs.
Any sign which is damaged, destroyed or otherwise becomes hazardous or dangerous, constitutes a public nuisance. The owner of the property upon which such sign is located shall therefore be subject to the abatement procedures set forth in Sections 16-64, 16-65 and 16-67 of the Code of Ordinances.
Section 14-93. ENFORCEMENT
A. Should any person, firm or corporation actually begin the erection, construction or painting of a sign for which a permit is required by this Article without taking out a permit therefor, he/she shall be required to pay any fees for this purpose imposed by the City Council by ordinance.
B. Penalty.
1. Whenever a violation of any of the provisions of this Article, he/she shall notify the person responsible for the violation in writing and shall order the necessary corrections within a period of thirty (30) days.
2. Failure to comply with any of the provisions of this Article shall constitute a misdemeanor, and upon conviction, is punishable by a fine of not more than Three Hundred Dollars ($300.00) or imprisonment for a period of not more than ninety (90) days or both. Each day that such a violation continues to exist shall be considered a separate offense.
C. No permit shall be required for repairs that do not in any way alter the exterior appearance of a sign, or for repainting it the same color so as to keep such sign in good repair.
D. The Building Inspector shall have the authority to allow repair, maintenance, printing and minor changes. The Building Inspector will make determination as to what areas of repair, maintenance, printing or minor changes require a permit.
Section 14-94. EXCEPTION OR VARIANCE TO SIGN REGULATIONS
Consideration for the granting of an exception or variance from the provisions of this Article shall be in accordance with Section 14-48(B), Variance Review Process.
Section 14-95. CORAZON DE TRINIDAD HISTORIC DISTRICT
A. For properties that are located within the Corazon de Trinidad Historic District, the requirements of the Article shall apply to all land development projects in the District. In addition:
1. A sign plan shall be included as part of all development proposals within the District;
2. Signs for all uses within a given development project must be uniform in style, materials and illumination and be compatible with and respectful of the historic nature of the District;
3. Sign location shall be limited to building surfaces, canopies, overhangs and behind storefront doors or display window glass. No freestanding and/or rooftop signs will be allowed in the District;
4. Replication of Trinidad’s historic painted signs is strongly encouraged on all new development projects.
5. Removal or destruction of painted ‘ghost’ signage on existing structures is prohibited.
Examples of signage that are characteristic of the Corazon de Trinidad Historic District
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Section 14-96. CREATIVE SIGN PROGRAM
A. Purpose. The Creative Sign Program provides for property owners and businesses within the City to propose creatively designed signs. The intent of this process is:
1. To encourage signs of high-quality materials and workmanship.
2. To encourage signs of unique design that exhibit a high degree of imagination, inventiveness; and
3. To provide a process for the application of creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs.
4. To provide for increased allowances to the maximum sign area permitted.
B. Creative Sign Permit Application and Review Process. All proposed Creative Sign Permits shall submit a sign permit application along with information and graphics required to demonstrate conformance with the design criteria. A completed application shall be referred to the Corazon de Trinidad Creative District for review and approval.
C. Approval Authority. A sign permit application for a creative sign shall be subject to approval by the Director or designee.
D. Design Criteria. In approving an application for a creative sign, the Director or designee shall ensure that a proposed sign meets the following design criteria:
1. Design quality. The sign shall:
a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
c. Demonstrate conformance with Historic Preservation Architectural and Design Standard for the Corazon de Trinidad Historic District.
d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
2. Contextual Criteria. The sign shall contain at least one (1) of the following elements:
a. Classic historic Corazon de Trinidad design style;
b. Creative image reflecting current or historic character of the Trinidad.
c. Symbols or imagery relating to the entertainment or design industry; or
d. Inventive representation of the use, name or logo of the structure or business.
3. Architectural Criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building;
b. Be placed in a logical location in relation to the overall composition of the building's façade; and
c. Be integrated within and not cover any key architectural features and details of the building façade.
4. Multiple Signs. Where more than one sign is proposed, all signs should have designs that incorporate the following design elements in a compatible and coordinated fashion:
a. Letter style of copy and components;
b. Type of construction materials;
c. Lighting; and
d. Method used for supporting sign (e.g., wall or ground base).
5. Sign Materials. The goal of sign design is to maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials and the workmanship in the use of materials should convey both a sense of quality and creativity.
Section 14-97. Murals.
A. Mural Application Process for Murals within the Community Commercial, Historic Preservation and Neighborhood Services Business Districts of the City Of Trinidad (Not Residential) (Ord. 3017, Enacted 4-30-21.)
1. Prohibitions:
a. For a building that would otherwise qualify, no murals will be allowed on the fronts of buildings within the City of Trinidad;
b. Murals shall not be applied to any contributing buildings in the Corazon de Trinidad Historic Preservation District;
c. Murals shall not advertise for goods or services sold for a business within the building to which the mural is applied or affixed;
d. Murals shall not contain political messaging or advertising;
e. Murals shall not advertise for goods or services provided elsewhere, similar to a billboard;
f. A mural may not occupy more than fifty percent of a building façade, or two hundred square feet, whichever is less;
g. Murals shall not contain hate speech, symbols of speech of hatred, words or symbols designed to elicit a violent response or incite a riot, pornography, or contain other forms of speech or communication that are exceptions to First Amendment (U.S. Constitution) rights to Freedom of Speech (as well as Article II, section 10 to the Colorado Constitution also granting Freedom of Speech);
h. Murals shall not contain images or language that is discriminatory, or that in any way contains a message of a discriminatory nature. A message is of a discriminatory nature if its content seeks to overtly or implicitly discriminate against any person or group based on race, color, gender or gender identity, sexual preference or orientation, age, national origin, disability, religion, ancestry or any other legally recognized and protected class.
2. Applications:
Mural application forms can be obtained in City Hall, specifically at the City Planner’s Office. An application for a mural shall be filed with the City Planner’s Office. In addition to the application form, a mural application shall include:
a. Payment of a $350.00 mural application fee;
b. Contact information of the building owner and/or landlord, and if there is a business owner that is also involved in the decision to apply a mural, the business owner’s contact information;
c. The contact information for the responsible party for, and for the maintenance of, the mural, and the party who is commissioning or hiring the muralist to create and apply the mural;
d. The contact information for the muralist, and whether the muralist is reserving any rights with respect to the maintenance or preservation of the mural;
e. A rendering, sketch or copy of the mural itself;
f. A rendering or sketch of the location of the mural on the building, including the size and total surface area, elevation and placement information;
g. Whether the mural is going to be painted, glued, or otherwise affixed to the exterior surface of the building, and;
h. A description of the materials to be used, as well as a description of the colors that the mural will contain.
3. Application Process:
Upon the City Planner certifying that the application is complete in all material respects and the fees having been paid, the Planner shall:
a. Transmit a copy of the application to the Building Department for review of the application as well as to inspect the premises where the proposed mural would be located, and to ensure that the proposal complies with all provisions of the Trinidad Building Code;
b. Refer a copy of the application to the Planning, Zoning and Variance Commission to also ensure compliance with the Trinidad Building and Zoning Code.
c. The City Planner shall also transmit a copy of the relevant portion of a mural application to the Trinidad Arts and Culture Advisory Commission and to the Historic Preservation Commission for suggestions or recommendations from those Commissions. The involvement of those two municipal Commissions shall be for the purposes of making nonbinding recommendations with respect to the overall aesthetic of the proposed mural for the Arts and Culture Advisory Commission, and for compliance considerations for the Historic Preservation Commission, for the location in which the mural is proposed. City Council, as the final authority and decision maker for a mural application, may consider the recommendations of these subordinate Commissions, but such recommendations are in no way binding upon City Council.
4. Mural Design Standards:
Once a mural has met all of the criteria previously set forth and has been approved by the relevant City Departments and Officials, the mural application shall be referred to City Council for consideration.
In considering an application for a proposed mural, City Council shall require of an applicant for a proposed mural that:
a. The proposed mural be an original work of art;
b. The proposed mural be designed, constructed and/or applied under the supervision of a qualified artist/muralist or other qualified professional who has sufficient knowledge and experience in the design and execution of such projects, as well as with the application of the selected medium;
c. The proposed mural shall exhibit excellence in design, content, material, and application while incorporating high-quality materials that will enhance the overall development and appearance of the site or location;
d. The proposed mural shall be affixed, or securely attached to, the building or structure to which it is applied;
e. The proposed mural shall be made of materials that are durable and weather resistant to prevent premature weathering, deterioration or other rapid change in appearance. Also, that the materials for the proposed mural be appropriate for the outdoor location and climate;
f. Mural materials utilized should be, but are not limited to, paint and other artistic mediums such tile or mosaic;
g. Mural colors should be complementary and harmonious with the exterior colors of the building or structure;
h. The proposed mural design, location, scale, and content should be in keeping with and serve to enhance the building to which it is affixed as well as the surrounding area within which the proposed mural is situated, and;
i. The proposed mural should add to the overall aesthetic of the area for which the mural is proposed.
5. Approval:
If a mural application is free of the prohibitions contained in Section 1 of this ordinance, complies with all municipal building and zoning requirements as determined by the specified City Departments and Officials, and meets the design criteria set forth in Section 4 of this ordinance, the mural application should be approved by City Council. A mural application should not be denied based on the content of the mural, provided that the mural does not contain prohibited content.
Section 14-98. RESERVED.
Section 14-99. RESERVED.
ARTICLE 8. PROTECTION OF FLOOD PLAINS
Section 14-100. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
A. Statutory Authorization.
The Legislature of the State of Colorado has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Trinidad, Colorado does ordain as follows:
B. Findings of Fact.
1. The flood hazard areas of Trinidad are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of tax base, all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from damage also contribute to the flood loss.
C. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.
D. Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and,
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
Section 14-101. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
100-Year Flood - A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years.
100-Year Floodplain - The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.
500-Year Flood - A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years.
500-Year Floodplain - The area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.
Addition - Any activity that expands the enclosed footprint or increases the square footage of an existing structure.
Alluvial Fan Flooding - A fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.
Area of Shallow Flooding - A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Base Flood Elevation (BFE) - The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.
Basement - Any area of a building having its floor sub-grade (below ground level) on all sides.
Base Flood – The flood which has a one percent chance of being equaled or exceeded in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations.
Channel - The physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.
Channelization - The artificial creation, enlargement or realignment of a stream channel.
Code of Federal Regulations (CFR) - The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
Community - Any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.
Conditional Letter of Map Revision (CLOMR) - FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.
Critical Facility – A structure or related infrastructure, but not the land on which it is situated, as specified in Section 14-136.1, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
Development - Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DFIRM Database - Database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.
Digital Flood Insurance Rate Map (DFIRM) - FEMA digital floodplain map. These digital maps serve as “regulatory floodplain maps” for insurance and floodplain management purposes.
Elevated Building - A non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
Existing Manufactured Home Park Or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision-
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Register - The official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.
FEMA - Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.
Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir spillways;
2. The unusual and rapid accumulation or runoff of surface waters from any source; or
3. Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).
Flood Insurance Rate Map (FIRM) – An official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.
Floodplain or Flood-Prone Area - Any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.
Floodplain Administrator - The community official designated by title to administer and enforce the floodplain management regulations.
Floodplain Development Permit – A permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.
Floodplain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain Management Regulations - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Flood Control Structure - A physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
Floodproofing - Any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway (Regulatory Floodway) - The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.
Freeboard - The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.
Functionally Dependent Use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest Adjacent Grade – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior or;
5. Directly by the Secretary of the Interior in states without approved programs.
Letter of Map Revision (LOMR) - FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
Letter of Map Revision Based on Fill (LOMR-F) – FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.
Levee – A man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.
Levee System - A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Lowest Floor - The lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.
Mean Sea Level - For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
Material Safety Data Sheet (MSDS) – A form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.
National Flood Insurance Program (NFIP) – FEMA’s program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.
New Construction - Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
No-Rise Certification – A record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Civil Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).
Physical Map Revision (PMR) - FEMA’s action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.
Recreational Vehicle - means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Special Flood Hazard Area – The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Start of Construction - The date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure - A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.
Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
2. Any alteration of a "historic structure” provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Threshold Planning Quantity (TPQ) – A quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.
Variance - A grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).
Violation - The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Water Surface Elevation - The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Section 14-102. GENERAL PROVISIONS
A. Lands to which this Ordinance applies: This ordinance shall apply to all areas of special flood hazards and areas removed from the floodplain by a Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the City of Trinidad, Colorado.
B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Trinidad, Las Animas County, Colorado, dated August 28, 2019, with an accompanying Flood Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at 135 North Animas Street, Trinidad, Colorado 81082.
C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.
D. Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements:
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
F. Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Trinidad, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
Section 14-103. ADMINISTRATION
A. Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14-132(2). Application for a development permit shall be made on forms furnished by the City Engineer and/or Public Works Director and may include, but not be limited to:
Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures:
2. Elevation in relation to mean sea level to which any structure has been flood-proofed;
3. Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in Section 14-134(2)(b); and,
4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
B. Designation of the Floodplain Administrator
The City employee appointed as Floodplain Administrator shall administer, implement and enforce the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
C. Duties & Responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by this Article.
2. Review, approve, or deny all applications for Floodplain Development Permits required by adoption of this ordinance.
3. Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
5. Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this ordinance, including proper elevation of the structure.
6. Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
7. When Base Flood Elevation data has not been provided in accordance with this Article, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of this Article.
8. For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the community.
9. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.
10. Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.
11. Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
D. Variance Procedure 1. Variance Board
a. The Planning, Zoning and Variance Commission, as established by the City of Trinidad, shall hear and decide appeals of interpretations of FIRM boundaries and request for variances from the requirements of this ordinance.
b. The Planning, Zoning and Variance Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this ordinance.
c. Those aggrieved by the decision of the Planning, Zoning and Variance Commission, or any taxpayer, may appeal such decisions to the City Council acting as the Board of Appeals. Decisions of Board of Appeals may be appealed to the District Court for the Third District Court as provided for by Colorado law.
d. In passing upon such applications, the Planning, Zoning and Variance Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
i. the danger that materials may be swept onto other lands to the injury of others;
ii. the danger to life and property due to flooding or erosion damage;
iii. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
iv. the importance of the services provided by the proposed facility to the community;
v. the necessity to the facility of a waterfront location, where applicable;
vi. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
vii. the compatibility of the proposed use with the existing and anticipated development;
viii. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
ix. the safety of access to the property in times of flood for ordinary and emergency vehicles;
x. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
xi. the costs of providing governmental service during after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges.
e. Upon consideration of the factors of Section 14-103(D)1(d) and the purposes of this ordinance, the Planning, Zoning and Variance Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
f. The City Engineer and/or Public Works Director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.
i. Conditions for Variances
(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items (i-xi) in Section 14-103(D)1(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places.
(c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(I) a showing of good and sufficient cause;
(II) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(III) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 14-103(D)1(d)) or conflict with existing local laws or ordinances.
(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.
Section 14-104. PROVISIONS FOR FLOOD HAZARD REDUCTION
A. General Standards. In all areas of special flood hazards, the following standards are required:
1. Anchoring
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.
b. All mobile or manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:
i. over-the-top ties be provided at each of the two four corners of the mobile or manufactured home, with two additional ties per side at intermediate locations, with mobile or manufactured homes less than 50 feet long requiring one additional tie per side.
ii. frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile or manufactured homes less than 50 feet long requiring four additional ties per side;
iii. All components of the anchoring system be capable of carrying a force of 4,800 pounds and;
iv. any additions to mobile or manufactured home be similarly anchored.
2. Construction Materials and Methods
a. All new construction and substantial improvements shall be construction with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. Utilities
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision Proposals
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. Base flood elevation data shall be provided for all subdivision proposals.
B. Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 14-102(B), Basis for Establishing the Areas of Special Flood Hazard or Section 14-103 Use of Other Base Flood Data, the following provisions are required:
1. Residential Construction
a. New construction and substantial improvements of any residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.
b. Openings in Enclosures Below the Lowest Floor
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c. Below-Grade Residential Crawlspace Construction
New construction and substantial improvement of any below-grade crawlspace shall:
i. Have the interior grade elevation, that is below base flood elevation, no lower than two feet below the lowest adjacent grade;
ii. Have the height of the below grade crawlspace measure from the interior grade of the crawlspace to the top of the foundation wall, not to exceed four feet at any point;
iii. Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood:
iv. Meet the provisions of Section 14-104(A)1, Anchoring; Section 14-104(A)2, , Construction Materials and Methods; and Section 14-104(B)1(b), Openings in Enclosures Below the Lowest Floor.
2. Nonresidential Construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. be flood-proofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
c. be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 14-103(A)(c).
3. Mobile or Manufactured Homes
a. Mobile or manufactured homes shall be anchored in accordance with Section 14-104-(A)(1)(b).
b. All mobile or manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the mobile or manufactured home is at least one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system.
c. All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s FIRM on sites:
i. outside of a manufactured home park or subdivision,
ii. in an expansion to an existing manufactured home park or subdivision, or
iii. in an existing manufactured home park or subdivision on which manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment’s and other service facilities (including ductwork), are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
d. All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:
i. The lowest floor of the manufactured home, electrical, hearing, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one foot above the base flood elevation or
ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
4. Floodways
Located within areas of special flood hazard established in Section 14-102 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 14-104, Provisions for Flood Hazard Reduction.
5. Recreational Vehicles
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of this Section, and the elevation and anchoring requirements for "manufactured homes" in subsection (c) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
Section 14-105. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the Special Flood Hazard Area established in this Article are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
A. Residential Construction
All new construction and Substantial Improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.
B. Nonresidential Construction
With the exception of Critical Facilities, outlined in Section 14-107, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Civil Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.
Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures.
Section 14-106. PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL
A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:
A. Residential Construction
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill.
B. Nonresidential Construction
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
Section 14-107. STANDARDS FOR CRITICAL FACILITIES
A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
A. Classification of Critical Facilities
It is the responsibility of the City of Trinidad to identify and confirm that specific structures in their community meet the following criteria: Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.
1. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.
These facilities consist of:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);
b. Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);
e. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and
f. Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.
Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Trinidad City Council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Trinidad City Council on an as-needed basis upon request.
2. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;
c. Refineries;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Safety Data Sheet (SDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for SDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation “Designation, Reportable Quantities, and Notification,” 40 C.F.R. § 302 (2010) and OSHA regulation “Occupational Safety and Health Standards,” 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this ordinance, but exclude later amendments to or editions of the regulations
Specific exemptions to this category include:
a. Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.
b. Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.
c. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Article.
3. At-risk population facilities include medical care, congregate care, and schools.
These facilities consist of:
a. Elder care (nursing homes);
b. Congregate care serving 12 or more individuals (day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);
4. Facilities vital to restoring normal services including government operations.
These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices, and classrooms only).
These facilities may be exempted if it is demonstrated to the Trinidad City Council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Trinidad City Council on an as-needed basis upon request.
B. Protection for Critical Facilities
All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this ordinance, protection shall include one of the following:
1. Location outside the Special Flood Hazard Area; or
2. Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the Base Flood Elevation.
C. Ingress and Egress for New Critical Facilities
New Critical Facilities shall, when practicable as determined by the Trinidad City Council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.
Section 14-108. PENALTIES FOR NONCOMPLIANCE.
A. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulation. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
B. Any person who violates this ordinance or fails to comply with any of tis requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Trinidad. Nothing herein contained shall prevent the City of Trinidad from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 14-109. RESERVED.
Section 14-110. RESERVED.
ARTICLE 9. BOARD OF APPEALS
Section 14-111. CITY COUNCIL DESIGNATED AS BOARD OF APPEALS
The City Council is designated as the Board of Appeals for the City of Trinidad pursuant to Section 8.5 of the Charter of the City of Trinidad.
Section 14-112. POWERS AND DUTIES
The City Council, in its capacity as the Board of Appeals, shall hear and decide appeals from decisions of the City Planning, Zoning and Variance Commission either granting or denying requests for variances and with respect to applications for a conditional use or special use permit, and from orders of the Building Inspector to repair or demolish buildings. All decisions shall be final. (Ord. 1632, eff., 6/30/00)
Section 14-113. APPEALS FROM PLANNING, ZONING AND VARIANCE COMMISSION - PROCEDURE
Any person aggrieved by a decision of the Planning, Zoning and Variance Commission granting or denying a variance request, or any officer or department of the City, may appeal such decision to the City Council. Any applicant for a conditional use, special use permit, or variance whose application has been denied or who is dissatisfied by conditions placed on their property by the Planning, Zoning and Variance Commission may appeal such decision to the City Council. Such appeal must be in writing and filed with the City Clerk no later than fifteen (15) days following the issuance of the decision by the Planning, Zoning and Variance Commission. The appeal shall contain, at a minimum, a brief statement setting forth the basis for the appeal. The City Clerk or City Manager shall schedule a hearing to be held no less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to the Appellant by the City Clerk, by causing a copy of such notice to be delivered to the Appellant personally or by mailing a copy thereof, postage prepaid, addressed to the Appellant at her/his address as shown on the appeal. Notice of such hearing shall also be published at least ten (10) days prior to the date of the hearing.
Section 14-114. RESERVED.
Section 14-115. RESERVED.
Section 14-116. RESERVED.
ARTICLE 10. VESTED PROPERTY RIGHTS
Section 14-117. PURPOSE
The purpose of this Article is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.
Section 14-118. DEFINITIONS
As used in this Article, unless the context otherwise requires:
A. “Site specific development plan” means:
For all developments, the final approval step, irrespective of its title, which occurs prior to building permit application; provided, however, that if the landowner wishes said approval to have the effect of creating vested rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner must so request at least twenty (20) days prior to the date said approval is to be considered. Failure to so request renders the approval not a “site specific development plan,” and no vested rights shall be deemed to have been created. The City Council may by agreement with the developer designate an approval other than those described above to serve as the site specific development plan approval for a specific project.
B. “Vested property right” means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Notice and Hearing
No site specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the City’s option be combined with the notice required by Section 31-23-304, C.R.S., as amended, for zoning regulations, or with any other required notice. At such hearing interested persons shall have an opportunity to be heard.
Section 14-119. APPROVAL - EFFECTIVE DATE AMENDMENTS
A site specific development plan shall be deemed approved upon the effective date of the City Council approval action relating thereto, as set forth in Section 14-143 above. In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the City Council specifically finds to the contrary and incorporates such finding in its approval of the amendment.
Section 14-120. NOTICE OF APPROVAL
Each map, plat, or site plan or other document constituting a site specific development plan shall contain the following language:
“Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.” Failure to include this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the City.”
Section 14-121. PAYMENT OF COSTS
In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan, shall pay, at the time of application, all costs incurred by the City as a result of the site specific development plan review according to Section 14-10 of this Code. Other Provisions Unaffected.
Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property.
Section 14-122. LIMITATIONS
Nothing in this Article is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Article shall be deemed to be repealed, and the provisions hereof no longer effective.
Section 14-123. RESERVED.
Section 14-124. RESERVED.
Section 14-125. RESERVED.
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